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Home My WebLink About2009/04/01 - Agenda Packet 10500 Civic Center Drive 4 Rancho Cucamonga, CA 91730-3801 City Office: (909) 477-2700 REDEVELOPMENT AGENCY FIRE PROTECTION DISTRICT BOARD CITY COUNCIL I~ECI'I,:~IZ 1'1 [:E"I'I:~GS 1 gc and 3~d Wednesdays ~ 7:00 P.M. APRIL 1, 2009 MEMBERS MAYOR MAYOR PRO TEM COUNCIL MEMBERS Donald J. Kurth, M.D. L. Dennis Michael Rex Gutierrez Sam Spagnolo Diane Williams CITY MANAGER Jack Lam, AICP CITY ATTORNEY James L. Markman CITY CLERK 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 ~~ ~NCHO Ccrc~oxce 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.uslwhatsnew.htm for those with Hi-bandwidth (DSUCable Modem) or Low-bandwidth (Dial-up) Internet service. The Agency, Fire Board and City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. Members of the City Council also sit as the Redevelopment Agency and the Fire District Board. Copies of the agendas and minutes can be found at http: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 _ APRIL 1, 2009 A. 5:00 P.M. -CLOSED SESSION CALL TO ORDER -TAPIR ROOM 1. Roll Call: Mayor Kurth Mayor Pro Tem Michael Councilmembers Gutierrez, Spagnolo and Williams CLOSED SESSION CALLED TO ORDER AS THE CITY, FIRE PROTECTION DISTRICT AND REDEVELOPMENT AGENCY. B. ANNOUNCEMENT OF CLOSED SESSION ITEM S C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM S D. CONDUCT OF CLOSED SESSION 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 2. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A) -HAROLD KELESHlAN V. CITY OF RANCHO CUCAMONGA -CASE NUMBER CIVRS 703425 -City 3. CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A) - ZELLAR V. CITY OF RANCHO CUCAMONGA -City 4. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A) - FREEDOM FROM RELIGION FOUNDATION, INC. V. CITY OF RANCHO CUCAMONGA, AND LINDA DANIELS -CASE NUMBER 2:08-CV-07833-PA-PJW, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CA, EASTERN DIVISION -RDA E. CITY MANAGER ANNOUNCEMENTS F. RECESS CLOSED SESSION TO RECESS TO THE REGULAR REDEVELOPMENT AGENCY AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. ~,,~rcHo REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA APRIL 1, 2009 G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS ~ THE REGULAR MEETINGS OF THE REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL WILL BE CALLED TO ORDER. 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 H. ANNOUNCEMENTS/PRESENTATIONS ~ i 1. Presentation of a Proclamation to St. Peter & St. Paul School in recognition of 25 years of early education and proclaiming April as "Month of the Young Child" by the National Association for the Education of Young Children (NAEYC). 2. Presentation of Certificates of Achievement to the Chaffey College Men's Basketball Team for being Southern California Regional Finalists. 3. Presentation of a Proclamation in recognition of April as "Organ Donation Month." 4. Presentation of a Proclamation in recognition of April as "Child Abuse Prevention Month." I. PUBLIC COMMUNICATIONS 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. (continued on page 3) REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA _ APRIL 1, 2009 3 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. .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: March 12, 2009 (Jt. Meeting w/Planning Commission) March 18, 2009 (Regular Meeting) March 23, 2009 (Special Meeting -Consensus Building) 2. Approval of Check Register dated March 11 through March 24, 2009, for the total amount of ~ $2,033,385.71. 3. Approval to accept the bids received and award and authorize the execution of the contract 3 in the amount of $339,698.20 to the apparent low bidder, Mega Way Enterprises (RA 09- 006) / CO 09-176), and authorize the expenditure of a 10% contingency in the amount of $33,969.82, for the Foothill Boulevard / Etiwanda Avenue sidewalks and Block Walls, and the Wilson Avenue Median Modification at Fields Place Project to be funded from Measure I Funds, Account Nos. 11763035650/1675176-0, 11763035650/1670176-0 and 1 1 763035650/1 671 1 76-0, RDA Funds, Account No. 2640801-5650/1670640-0 and LMD9 Funds, Account No. 11393035650/1671139-0 and appropriate $60,000.00 to Account No. 11763035650/1675176-0, $150,000.00 to 11763035650/1670176-0 and $35,000.00 to Account No. 1 1 763035650/1 671 1 76-0 from Measure I fund balance, $151,500.00 to Account No. 2640801-5650/1670640-0 from RDA fund balance and $57,000.00 to Account No. 1 1 393035650/1 671 1 39-0 from LMD9 fund balance. 4. Approval to release Maintenance Guarantee Bond No. 1000782876 in the amount of 15 $5,304.00 for Stadium Outfield Fence Replacement Project, Contract No. RA 08-003. 5. Approval to accept the Epicenter Cross-Aisle Waterproofing Project, Contract RA 08-016 as complete, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor 17 and Material Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $146,343.00. RESOLUTION NO. RA 09-002 20 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE EPICENTER CROSS-AISLE WATERPROOFING PROJECT, CONTRACT RA 08-016 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA APRiL 1, 2009 ~~ 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: March 12, 2009 (Jt. Meeting w/Planning Commission) March 18, 2009 (Regular Meeting) March 23, 2009 (Special Meeting -Consensus Building) 2. Approval of Check Register dated March 11 through March 24, 2009, for the total amount of $96,573.05. 3. Approval of Fire Agencies Insurance Risk Authority (FAIRA) JPA Governing Board of Directors Representation Re-Election. The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember for discussion. Approval of Minutes: March 12, 2009 (Jt. Meeting w/Planning Commission) March 18, 2009 (Regular Meeting) March 23, 2009 (Special Meeting -Consensus Building) 2. Approval of Check Register dated March 11 through March 24, 2009, and payroll ending March 24, 2009, for the total amount of $3,631,564.71. 3. Approval to authorize the advertising of the "Notice Inviting Bids" for the FY 2008/2009 Bus Bav. Driveway and ADA Access Ramo Improvements at Various Locations. to be funded RESOLUTION NO. 09-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE FY 2008/2009 BUS BAY, DRIVEWAY AND ADA ACCESS RAMP IMPROVEMENTS AT VARIOUS LOCATIONS IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 4. Approval to authorize the advertising of the "Notice Inviting Bids" for the Victoria Park Lane 4 21 26 27 70 72 77 to be funded from Proposition 1 B Funds. T A R EDEVELOPMEN GENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA 5 APRIL 1, 2009 RANCHO CUCAMONGA RESOLUTION NO. 09-052 79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE VICTORIA PARK LANE PAVEMENT REHABILITATION FROM FAIRMONT WAY TO ROCHESTER AVENUE AND FROM 300' EAST OF DAY CREEK BOULEVARD TO BASE LINE ROAD IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 5. Approval to accept grant revenue in the amount of $175,917.00 from the United States 84 Office of Justice Programs, Byrne Justice Assistance Grant through the American Recovery and Reinvestment Act (JAG) (CO 09-174 / Interlocal Agreement), and approval to pay the County of San Bernardino Law and Justice group a fee of five percent ($8,796.00) for administrative costs. 6. Approval of a request from "4 A Safe Ride Home" organization for the waiver of Central 86 Park room rental fees for a fundraising event to be held on April 7, 2009. 7. Approval to renew existing contract number 05-124 with Brodart, Inc., to provide book processing and technical services to the Rancho Cucamonga Library Services for an 88 additional three (3) years, renewable in one (1) year increments upon mutual consent, and expend approved funding in accordance with the adopted budget line items for Acct. Nos. 1290606-5200 and 5300 and 1290607-5200 and 5300. 8. Approval of Development Impact Fee Deferral Agreement between the City of Rancho 89 Cucamonga and Bella Victoria, LP (Developer/Owner) (CO 09-175) for the residential property described in Exhibit "A" of the Agreement generally located at the northwest corner of East Avenue and Miller Avenue identified as Tract Map No. 17919. RESOLUTION NO. 09-053 91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT 9. Approval to accept the bids received and award and authorize the execution of the contract 92 in the amount of $339,698.20 to the apparent low bidder, Mega Way Enterprises (CO 09- 176) / RA 09-006), and authorize the expenditure of a 10% contingency in the amount of $33,969.82, for the Foothill Boulevard / Etiwanda Avenue sidewalks and Block Walls, and the Wilson Avenue Median Modification at Fields Place Project to be funded from Measure I Funds, Account Nos. 1176303565011675176-0, 1176303565011670176-0 and 1176303565011671176-0, RDA Funds, Account No. 2640801-5650/1670640-0 and LMD9 Funds, Account No. 1 1 393035650/1 67 1 1 39-0 and appropriate $60,000.00 to Account No. 1176303565011675176-0, $150,000.00 to 11763035650/1670176-0 and $35,000.00 to Account No. 1 1 763035650/1 671 1 76-0 from Measure I fund balance, $151,500.00 to Account No. 2640801-565011670640-0 from RDA fund balance and $57,000.00 to Account No. 1139303565011671139-0 from LMD9 fund balance. T AGENCY R , EDEVELOPMEN FIRE PROTECTION DISTRICT AND 6 CITY COUNCIL AGENDA APRIL 1, 2009 RANCHO G'UCAMONGA 10. Approval to accept the bids received and award and authorize the execution of the contract 104 in the amount of $239,300.00 including Additive Bid Item No. 1 to the apparent low bidder, Silvia Construction, lnc. (CO 09-177), and authorize the expenditure of a 10% contingency in the amount of $23,930.00 for the Arrow Route Pavement Rehabilitation from Milliken Avenue to Rochester Avenue, to be funded from Prop. 1 B Funds, Acct. No. 1194303- 5650/1690194-0. 11. Approval to accept Improvements, release the Faithful Performance Bond, accept a 108 Maintenance bond and file a Notice of Completion for improvements for CUP 99-53, located at the northwest corner of 6~' Street and Haven Avenue, submitted by Rancho Haven, LLC. RESOLUTION NO. 09-054 110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 99-53 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 12. Approval to accept Improvements, release the Faithful Performance Bond, accept a 111 Maintenance bond and file a Notice of Completion for improvements for DRC2006-00127 (PM 17866), located on the east side of Rochester Avenue, south of Foothill Boulevard, submitted by WF Construction, Inc. RESOLUTION N0.09-055 113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2006-00127 (PM 17866) AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 13. Approval to release Maintenance Guarantee cash deposit for Parcel Map 17938, located 114 on the east side of Pittsburgh Avenue at 5~h Street, submitted by Rock-Pitt, LLC. 14. Approval to accept Improvements, retain the Faithful Performance Bond in lieu of a Maintenance Bond, and file a Notice of Completion for improvements for Parcel Map 116 18680, located at 9275 Charles Smith Avenue, submitted by the William Fox Groups, Inc. RESOLUTION NO. 09-056 118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 18680 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 15. Approval to accept the Improvements, release the Faithful Performance Bond and file a 119 Notice of Completion for improvements for Tract 16726, located at the northwest corner of Day Creek Boulevard and Banyan Street, submitted by Young California Cucamonga, L.P. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA APRIL 1, 2009 RESOLUTION NO. 09-057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16726 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 121 The following Ordinances may 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 Councilmember. 1. AMENDMENT- DRC2008-00761 - LEWIS OPERATING CORP. - A request to reduce the front-to-front building separation from 30 feet to 16 feet and the side-to-side building separation requirement from 15 feet to 8 feet for two-story buildings within the Medium- High Residential Development District (14-24 d/u per acre) of the Terra Vista Community Plan. Related files: Tentative Tract Map SUBTT18710, Development/Design Review DRC2008-00306 and Variance DRC2008-00762. Staff has prepared a Mitigated Negative Declaration of Environmental Impacts for consideration. 122 ORDINANCE NO. 811 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2008-00761, A REQUEST TO REDUCE THE FRONT-TO-FRONT BUILDING SEPARATION FROM 30 FEET TO 16 FEET AND THE SIDE-TO-SIDE BUILDING SEPARATION REQUIREMENT FROM 15 FEET TO 8 FEET FOR TWO-STORY DUPLEX AND DETACHED SINGLE-UNIT BUILDINGS WITHIN THE MEDIUM-HIGH DENSITY RESIDENTIAL DISTRICT (14-24 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF CONSIDERATION OF AN AMENDMENT TO TITLE 12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE CHAPTER 12.16 REGULATION OF NEWSPAPER RACKS ORDINANCE NO. 812 (second reading) 123 133 134 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MAKING TECHNICAL CHANGES TO THE CITY'S NEWSRACK REGULATIONS, AND AMENDING TITLE 12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA APRIL 1, 2009 N. ADVERTISED PUBLIC HEARINGS FIRE PROTECTION DISTRICT 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. 1. ADOPTION OF A RESOLUTION MAKING DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (NEW BEGINNINGS FAMILY WORSHIP CENTER - APNS 0207-241-31 & 46 -ANNEXATION NO. 09-1) TO AN EXISTING COMMUNITY FACILITIES DISTRICT. CALLING A SPECIAL ELECTION AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS RESOLUTION NO. FD 09-009 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. 09-1) 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 O. ADVERTISED PUBLIC HEARINGS CITY COUNCIL The following items have been advertised and/or posted as public hearings as required by law. The Mayor will open the meeting to receive public testimony. 1. CONSIDERATION OF A RESOLUTION AUTHORIZING THE CREATION OF REVENUE ENHANCEMENT ZONES WITHIN THE CITY FOR THE PURPOSE OF GENERATING ADDITIONAL PROPERTY TAX REVENUE FOR THE CITY OF RANCHO CUCAMONGA (CD 09-978) RESOLUTION N0.09-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE CREATION OF REVENUE ENHANCEMENT ZONES WITHIN THE CITY FOR THE PURPOSE OF GENERATING ADDITIONAL PROPERTY TAX REVENUE FOR THE CITY OF RANCHO CUCAMONGA 2. CONSIDERATION OF A RESOLUTION AUTHORIZING THE ISSUANCE OF MULTI- FAMILY HOUSING REVENUE BONDS BY CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY (CSCDA) FOR SAN SEVAINE VILLAS LOCATED AT 13233 FOOTHILL BOULEVARD 144 147 154 156 160 REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA APRIL 1, 2UU9 RESOLUTION NO. 09-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ISSUANCE BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY OF MULTI-FAMILY HOUSING REVENUE BONDS FOR SAN SEVAINE VILLAS ~~~ P. CITY MANAGER'S STAFF REPORTS ~~~ The following items have no legal publication or posting requirements. 2. APPROVAL TO CONDUCT A SURVEY OF RED HILL AREA RESIDENTS -- RELATED TO THE RED HILL TRAFFIC STUDY ADDITIONAL INFORMATION TO ASSIST IN REVIEWING THE QUALIFIED DEVELOPER CANDIDATES FOR THE PROPOSED 1,200 ACRE CITY -COUNTY PROJECT The following items have been requested by the City Council for discussion. 1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) 2. LEGISLATIVE AND REGIONAL UPDATES (Oral) 3. CONSIDERATION OF AD HOC COMMITTEE TO DISCUSS TRASH COLLECTION DUMPING (Oral) ~~~ R. IDENTIFICATION OF ITEMS FOR NEXT MEETING ~~ S. 162 165 535 542 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 March 26, 2009, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. March 12. 2009 RANCHO CUCAMONGA REDEVELOPMENT AGENCY, FIRE DISTRICT AND CITY COUNCIL JOINT MEETING WITH PLANNING COMMISSION MINUTES A. CALL TO ORDER '~; The joint meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District, and City Council and the Planning Commission convened in the Cultural Center South at Victoria Gardens, located at 12505 Cultural Center Drive, Rancho Cucamonga, California. Chairman/PresidenUMayor Donald J. Kurth called the meeting to order at 6:34 p.m. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams, Vice ChairmanNice PresidenUMayor Pro Tem L. Dennis Michael and Chairman/PresidenUMayor Donald J. Kurth. Present were Planning Commissionmembers: Howdyshell, Stewart, Wimberly, Vice Chairman Munoz and Chairman Fletcher. Also present were: Jack Lam, City Manager; James Troyer, Planning Director; Lois Schrader, Planning Commission Secretary and Debra McKay, Records Manager/Assistant City Clerk. Sam Gennawey, Senior Project Manager for Hogle-Ireland, Inc. facilitated the meeting. ~B. PUBLIC COMMUNICATIONS ~ ~ . Roy LaPerry commended the Planning Commission and staff for preserving the gas station at Foothill and Archibald. Helda Phillips spoke about the need to preserve the City's natural resources. She suggested birdbaths and a dog park at Central Park and a museum in the City. Also, she requested that refreshments be provided for people using the Etiwanda walking trail. Christopher Weller addressed the goal of sustainability and suggested that wind turbines and local currency be established. C. ITEM FOR DISCUSSION '~, A. REVIEW AND COMMENTS ON THE "THE SPIRIT OF RANCHO CUCAMONGA" GUIDING PRINCIPLES James Troyer, Planning Director, presented the staff report. Sam Gennawey, Senior Project Manager for Hogle-Ireland, Inc. received the following comments from the audience on the Spirit of Rancho Cucamonga guiding principles: A comment was made that the Founder's Day parade is commercialized and does not belong at Victoria Gardens. Citrus plantings are not currently represented. A suggestion was made that the City designate citrus groves and vineyards. A suggestion was made that people should focus on home food production. The speaker indicated that empty storefronts could be turned into live/work units, and that there should be a link with transportation systems. Redevelopment Agency, Fire Protection District, City Council Joint Meeting with Planning Commission Minutes March 12, 2009 Page 2 There is a need to reutilize (not modernize) buildings. In response to the speaker, Mr. Gennaway suggested that the word, "revitalize" be used. A comment was made that the statement regarding open space is too vague; "whenever possible" is weak language, the speaker wanted more protection of hillsides. The statement should be written for residents, not for developers. Comments were made that: 1) The Spirit of Heritage statement does not necessarily reflect where we are now; 2) the walls on east/west corridors prevent views; 3) There is a need for diverse housing stock, more could be done could do more small single/family detached homes; 4) Currently, noticing is not adequate for single/family infill developments; 5) The reference to national tournaments should be removed, as it is not likely to happen. A suggestion was made that recycling electronics needs to be more convenient for residents. It was noted that the language gives emphasis to business, not residents. A speaker expressed a concern with notification about General Plan meetings. A comment was made that more emphasis should be made on the need to preserve the hillsides at the Claremont Wilderness Park. The speaker suggested that the City should start or host a speaker series to discuss ideas and educational advances. A speaker suggested that each section of the Guiding Principles should reference the need for sustainability. A comment was made that services should not be too expensive. The need for water sustainability was stated. Composting was encouraged. The speaker spoke about the use of a Verni-composter. He suggested that people should be educated regarding home sustainability. A suggestion was made to reclaim the water from the melting snow pack. The speaker liked the concept of Victory Gardens, noted that adult school should be offered at the high schools and suggested that more forums be held. A concern was raised regarding the water rates and it was suggested that the two month cycle be eliminated. A comment was made regarding the need for more community outreach and better communication. Perhaps a Department could be formed that was devoted to community connections. A concern was raised regarding the aging Etiwanda infrastructure. The City should allow windmills to produce our own electricity. A speaker noted that building should be limited in the fire prone areas Redevelopment Agency, Fire Protection District, City Council Joint Meeting with Planning Commission Minutes March 12, 2009 Page 3 D. ADJOURNMENT ~' Mayor Kurth adjourned the meeting at 7:45 p.m. in honor of conservation and the revitalization of the City. Respectfully submitted, Debra L. McKay, MMC Assistant City Clerk/Records Manager Approved: """ March 18, 2009 RANCHO CUCAMONGA REDEVELOPMENT AGENCY, FIRE DISTRICT AND CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER ~~ The Rancho Cucamonga Redevelopment Agency, Fire District and City Council held a closed session on Wednesday, March 18, 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 5:05 p.m. by Chairman/PresidenUMayor Donald J. Kurth. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams, Vice Chairman/Vice PresidenUMayor Pro Tem L. Dennis Michael and Chairman/PresidenUMayor Donald J. Kurth. Also present were: Jack Lam, Executive Director; Pamela Easter, Assistant City Manager; James Markman, City Attorney; John Gillison, Deputy City Manager/Administrative Services and Linda D. Daniels, Redevelopment Agency Director. 1RR.R B. ANNOUNCEMENT OF CLOSED SESSION ITEM S Chairman/PresidenUMayor Donald J. 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 2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE EAST SIDE OF DAY CREEK BOULEVARD AND SOUTH OF CULTURAL CENTER DRIVE -LINDA D. DANIELS, RDA DIRECTOR, NEGOTIATING PARTY -RDA .«.... C: PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM S No one was present to comment on the closed session item. D. CONDUCT OF CLOSED SESSION Closed session began at 5:05 p.m. E: CITY MANAGER ANNOUNCEMENTS No announcements were made. Redevelopment Agency, Fire Protection District, City Council Minutes March 18, 2009 Page 2 ....._ .,. F. RECESS The closed session adjourned at 6:50 p.m. with no action taken. G. "REGULAR MEETING ~ ~ . , ,CALL TO ORDER - 7:00 P.M. ii . - ~. COIINCIL CHAMBERS ~ ~~ ' ~ . °~ The meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District, and City Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman/PresidenUMayor Donald J. Kurth called the meeting to order at 7:08 p.m. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams, Vice ChairmanNice PresidenUMayor Pro Tem L. Dennis Michael and Chairman/PresidenUMayor Donald J. Kurth. Also present were: Jack Lam, City Manager; Jim Markman, City Attorney; John Gillison, Deputy City Manager/Administrative Services; Linda Daniels, RDA Director; James Troyer, Planning Director; Peter Bryan, Fire Chief; Chief Joe Cusimano, Rancho Cucamonga Police Department; Robert Karatsu, Library Director; Trang Huynh, Building and Safety Official; Mark Steuer, Director of Engineering Services/City Engineer; Dave Blevins, Public Works Director; Janice Reynolds, City Clerk; Debra McKay, Records Manager/Assistant City Clerk and Shirr'I Griffin, Deputy City Clerk. _.... .H. ANNOUNCEMENTS/PRESENTATIONS . H1. Announcement by Congressman David Dreier regarding upcoming Road to Employment Job Fair A conference call was placed with Congressman David Dreier, who announced the upcoming Road to Employment Job Fair. H2. Presentation of a Proclamation to Vince's Spaghetti Factory for installation of solar panels. A Proclamation was presented to Buzz Cuccia, owner of Vince's Spaghetti Factory, for the installation of solar panels. H3. Presentation of Certificate of Appreciation to the Andrew Winfield Richards Foundation for Sponsorship of the Armed Forces Banner Program. A Certificate of Appreciation was presented to Dan, Judy and Kendra Richards in appreciation of their sponsorship of the Armed Forces Banner Program. Redevelopment Agency, Fire Protection District, City Council Minutes March 18, 2009 Page 3 L PUBLIC COMMUNICATIONS 11. Todd Corbin from the Chino Valley Water District addressed two ordinances being considered by the Commission. Ordinance #47 establishes the minimum standards for water use efficiency. Ordinance #48 outlines a mandatory water shortage contingency plan. He noted that these ordinances will be considered by the Chino Valley Water District Board on March 24, 2009 at 6 p.m. 12. Kristeen Ramirez from the Chino Valley Water District announced that the District will be hosting a Water Efficient Landscape Tour on March 28, 2009 at 10 a.m. 13. Barbara Kirmsse from the Alta Loma Educational Foundation announced an upcoming Golf Tournament on March 24, 2009 at the Upland Hills Country Club. Also, she invited the public to the Foundation's 5'" Annual Festival of Arts, to be held on April 11, 2009 at Vineyard Jr. High School. 14. Terry Masl spoke in support of campaign reform, requested that this matter be placed on the Council's agenda in the next two months and asked that he be notified. Mr. Masl spoke in support of limiting campaign contributions. He also requested that the Council become more involved with the problems in the County Assessor's office. I5. Linda Ceballos, Environmental Program Manager, indicated that a CD will be mailed to the residents regarding the Green Street Scene program. 16. Gadeer Muhammed from the Islamic Center of the Inland Empire spoke about the upcoming Spring into Health First Annual Health Fair. The event will be held on March 28, 2009 from 11 to 5 p. m. 17. John Lyons asked that the Council recognize April as Autism Month. He spoke in opposition to Mr. Masl's presentation and applauded Republican efforts to prevent unnecessary spending and higher taxes. 18. Deloris Faheem announced the upcoming Relay for Life in Rancho Cucamonga. The event will be held the weekend of May 16 & 17, 2009. J. CONSENT CALENDAR-REDEVELOPIVIENT 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. J1. Approval of Minutes: March 2, 2009 (Special Meeting -RFQ for 1,200-acre property) March 3, 2009 (Special Meeting -RFQ for 1,200-acre property) March 4, 2009 (Regular Meeting) J2. Approval of Check Register dated February 25 through March 10, 2009, for the total amount of $294,089.07. J3. Approval to receive and fle current Investment Schedule as of February 28, 2009. J4. Approval of a Reimbursement Agreement between the City and Sprint Communications Company L. P. (RA 09-004) in the estimated amount of $656,100.50, and authorize the expenditure of a 15% contingency in the amount of $98,415.08 for fiber optic cable relocation costs for the foothill Boulevard Widening Project between Grove Avenue and Vineyard Avenue -Bridge Removal Phase, Redevelopment Agency, Fire Protection District, City Council Minutes March 18, 2009 Page 4 to be funded from 2001 Public Improvement Tax Allocation Bond Funds, Acct. No. 2650801- 5650/1189650-6314. J5. Approval of a Purchase and Sale Agreement (PSA) between Bipin P. Tolia and Suchita 8. Tolia, husband and wife, as Joint Tenants, and the Rancho Cucamonga Redevelopment Agency (RA 09- 005) for the acquisition of approximately .82 acres located at 9547 San Bernardino Road (APN: 0208- 151-07) in the amount of $750,000 plus a closing cost contingency of $50,000, to be funded from Acct. N o. 2505801-5600. MOTION: Moved by Williams, seconded by Gutierrez, 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. K1. Approval of Minutes: March 2, 2009 (Special Meeting - RFO for 1,200-acre property) March 3, 2009 (Special Meeting - RFO for 1,200-acre property) March 4, 2009 (Regular Meeting) K2. Approval of Check Register dated February 25 through March 10, 2009, for the total amount of $151,257.58. K3. Approval to receive and file current Investment Schedule as of February 28, 2009 K4. Approval to appropriate funds from Fire District reserves in the amount of $16,167.00 into Acct. No. 3281510-5207 to fund the twenty percent (20%) contribution match of $97,000.00 divided between the five West End agencies and West End Fire and Emergency Response JPA (IPA) for the FY 2007 Assistance to Firefighters Grant Award for the purchase of a mobile apparatus driving simulator. K5. Approval of an annexation map showing Assessor Parcel Number 1100-051-03 (Norwalk Boulevard Baptist Church), located on East Avenue, south of Base Line Avenue, proposed to be annexed into CFD 85-1. RESOLUTION NO. FD 09-007 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 09-3) SHOWING PROPERTY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 K6. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No. 09-3 (APN: 1100-051-03, Norwalk Boulevard Baptist Church), into Community Facilities District No. 85-1, specifying services provided, to set and specify the special taxes to be levied within the annexation territory and set a time and place for a public hearing related to the annexation. RESOLUTION NO. FD 09-008 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, Redevelopment Agency, Fire Protection District, City Council Minutes March 18, 2009 Page 5 CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 09-3) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 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 non-controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember for discussion. L1. Approval of Minutes: March 2, 2009 (Special Meeting - RFO for 1,200-acre property) March 3, 2009 (Special Meeting - RFO for 1,200-acre property) March 4, 2009 (Regular Meeting) L2. Approval of Check Register dated February 25 through March 10, 2009, and payroll ending March 10, 2009, for the total amount of $5,235,924.69. L3. Approval to receive and file current Investment Schedule as of February 28, 2009. L4. Approval to authorize the advertising of the "Notice Inviting Bids" for the Citvwide Concrete Reoair. Tree Removal and Tree Planting Annual Maintenance Agreement, to be funded from Acct. RESOLUTION NO. 09-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "CITYWIDE CONCRETE REPAIR, TREE REMOVAL AND TREE PLANTING ANNUAL MAINTENANCE AGREEMENT" AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L5. Approval to authorize the advertising of the "Notice Inviting Bids" for the Citvwide Traffic Signal Maintenance, to be funded from Acct. No. 1170303-5300. RESOLUTION NO. 09-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "CITYWIDE TRAFFIC SIGNAL MAINTENANCE" AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L6. Approval to authorize the advertising of the "Notice Inviting Bids' for the Rancho Cucamonga Family Sports Center Gvm Floor Resurfacing, to be funded from Acct. No. 2517801-5650/1663517-0. RESOLUTION NO. 09-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "RANCHO CUCAMONGA FAMILY SPORTS CENTER GYM FLOOR Redevelopment Agency, Fire Protection District, City Council Minutes March 18, 2009 Page 6 RESURFACING" AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L7. Approval to authorize the advertising of the "Notice Inviting Bids' for the Rancho Cucamonga Family Sports Center Gym Wall Painting, to be funded from Acct. No. 2517801-5650/1663517-0. RESOLUTION NO. 09-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "RANCHO CUCAMONGA FAMILY SPORTS CENTER GYM WALL PAINTING" AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L8. Approval to authorize the advertising of the "Notice Inviting Bids" for the Civic Center Planter and Parking Structure Waterproofing, to be funded from Acct. No. 2624801-5650/1705624-0. RESOLUTION NO. 09-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "CIVIC CENTER PLANTER AND PARKING STRUCTURE WATERPROOFING" AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L9. Approval to authorize the advertising of the "Notice Inviting Bids" for the Construction of the Banyan Street Community Trail and Parkway Landscape from Hellman Avenue to Amethyst Avenue, to be funded from Beautification Funds, Acct. No. 1110316-5650/1614110-0. RESOLUTION NO. 09-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE BANYAN STREET COMMUNITY TRAIL AND PARKWAY LANDSCAPE FROM HELLMAN AVENUE TO AMETHYST AVENUE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L10. Approval of a Reimbursement Agreement between the City and the Cucamonga Valley Water District (CVWD) in the amount of $145,000 for the installation of a CVWD waterline by the City's contractor for the Haven Grade Separation Capital Improvement Project. L11. Approval of a Reimbursement Agreement (SRA-55) for reconstruction of pavement and overlay, reconstruction of median left turn lanes and traffic signal related improvement in connection with development of Parcel Map 17818, submitted by Footchester Partners I, LLC, to be funded from Transportation Acct. No. 1124303-5650/1026124-0. RESOLUTION NO. 09-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT (SRA-55) FOR RECONSTRUCTION OF PAVEMENT AND OVERLAY, RECONSTRUCTION OF MEDIAN LEFT TURN LANES AND TRAFFIC SIGNAL RELATED IMPROVEMENTS L12. Approval of Community Services Update Report. Redevelopment Agency, Fire Protection District, City Council Minutes March 18, 2009 Page 7 L13. Approval of a request from the South Coast Air Quality Management District (AQMD) for a Waiver of Rental Fees for use of the Epicenter Special Event Area on Friday, May 8'" and Saturday, May 9'", 2009, to conduct their Electric Lawn Mower Exchange Event. L14. CONSIDERATION OF A PUBLIC CONVENIENCE OR NECESSITY DETERMINATION - DRC2009-00095 -NIDAL SAMAAN - A request to issue a Public Convenience or Necessity determination for an Alcohol Beverage Control Type 21 off-sale beer, wine, and distilled spirits license for a convenience mini-market, located on the northeast corner of Milliken Avenue and 4'" Street, within the Industrial Park District, Subarea 12, at 9635 Milliken Avenue - APN: 0229-341-23. RESOLUTION NO. 09-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY DRC2009-00095 - NIDAL SAMAAN - FOR A CONVENIENCE MARKET IN THE INDUSTRIAL PARK DISTRICT, SUBAREA 12, LOCATED ON THE NORTHEAST CORNER OF MILLIKEN AVENUE AND 4TH STREET AT 9635 MILLIKEN AVENUE - APN: 0229-341-23 L15. Approval to authorize an increase to Contract No. 05-071 in the amount of $41,550.00 to Vanderhawk Consulting, LLC, and authorize the expenditure of a 10% contingency in the amount of $4,155.00 for the annual update of the City's Pavement Management Program, to be funded from Fund 176 -Measure "I", Acct. No. 1176305-5650/1020176, and appropriate an amount of $45,710.00 to Acct. No. 1176305-5650/1020176 from Measure "I" Fund Balance. L16. Approval for award and execution of Professional Services Agreement in the amount of $21,120.00 to Vanderhawk Consulting, LLC, (CO 09-147) and authorize the expenditure of a 10% contingency in the amount of $2,112.00 to provide technical consultation and research services for the Inventory Management of all Engineering and Public Works Public Facilities, to be funded from Fund 016 -Community Development Technical Services, Acct. No. 1016301-5300, and appropriate an amount of $23,240.00 to Fund 016 (Community Development Technical Services -Acct. No. 1016301-5300) from Community Development technical Services Fund Balance. L17. Approval and execution of Construction of Improvements and Hold Harmless Agreements (CO 09-148 thru 09-165) between the City of Rancho Cucamonga and homeowners along Foothill Boulevard and Etiwanda Avenue. L18. Approval to accept improvements and file a Notice of Completion for improvements located along Foothill Boulevard 600 feet east of Rochester Avenue, submitted by Patterson Builders. RESOLUTION NO. 09-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS LOCATED ALONG FOOTHILL BOULEVARD 600 FEET EAST OF ROCHESTER AVENUE AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L19 Approval to release Maintenance Guarantee Bond in the amount of $11,294.00 for the Archibald Avenue Community Trail from Banyan to Wilson Project, Contract No. 07-218. L20. Approval to accept the Landscape Improvements of the MWD Parkway at the southeast corner of Bluegrass and Wilson Avenues, Contract No. 08-006 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 $690,808.40. Redevelopment Agency, Fire Protection District, City Council Minutes March 18, 2009 Page 8 RESOLUTION NO. 09-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE LANDSCAPE IMPROVEMENTS OF THE MWD PARKWAY AT THE SOUTHEAST CORNER OF BLUEGRASS AND WILSON AVENUES, CONTRACT NO. 08- 006 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L21. Approval to accept the Highland Avenue and Fairmont Way Street and Landscape Improvements from San Benito to Kenyon Way, Contract No. 08-034 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 $552,305.64. RESOLUTION NO. 09-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE HIGHLAND AVENUE AND FAIRMONT WAY STREET AND LANDSCAPE IMPROVEMENTS FROM SAN BENITO TO KENYON WAY, CONTRACT NO. 08-034 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L22. Approval to accept the 19'" Street Parkway Landscape improvements and Sapphire Street Parkway Landscape improvements, Contract No. 08-073 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 $200,006.00. RESOLUTION NO. 09-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE 19T" STREET PARKWAY LANDSCAPE IMPROVEMENTS AND SAPPHIRE STREET PARKWAY LANDSCAPE IMPROVEMENTS, CONTRACT NO. 08-073 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Spagnolo, seconded by Michael, to approve the staff recommendations in the staff reports for the remaining items. 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 Councilmember. M1. - DRC2008-00295 -CITYWIDE - An Ordinance to adopt regulations pertaining to the maintenance and security of vacant and abandoned residential, commercial and industrial properties and amending Title 8 of the Municipal Code. It is not anticipated that the project will have any significant impacts on the environment and therefore, the project is not subject to Redevelopment Agency, Fire Protection District, City Council Minutes March 18, 2009 Page 9 further review pursuant to California Environmental Quality Act (CEQA), Section 15061(b)(3). Staff has prepared a Notice of Exemption for consideration. ORDINANCE NO. 810 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING REGULATIONS PERTAINING TO THE MAINTENANCE AND SECURITY OF VACANT AND ABANDONED RESIDENTIAL, COMMERCIAL AND INDUSTRIAL PROPERTIES, AND AMENDING TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE MOTION: Moved by Michael, seconded by Spagnolo, to adopt Ordinance No. 810 for second reading. Motion carried 5-0. ', N. ADVERTISED PUBLIC HEARINGS CITY COUNCIL The following items have been advertised and/or posted as public hearings as required by law. The Mayor will open the meeting to receive public testimony. N1. ENVIRONMENTAL ASSESSMENT AND TERRA VISTA COMMUNITY PLAN AMENDMENT- DRC2008-00761 - LEWIS OPERATING CORP. - A request to reduce the front-to-front building separation from 30 feet to 16 feet and the side-to-side building separation requirement from 15 feet to 8 feet for two-story buildings within the Medium-High Residential Development District (14-24 d/u per acre) of the Terra Vista Community Plan. Related files: Tentative Tract Map SUBTT18710, DevelopmenUDesign Review DRC2008-00306 and Variance DRC2008-00762. Staff has prepared a Mitigated Negative Declaration of Environmental Impacts for consideration. (PowerPoint Presentation) ORDINANCE NO. 811 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2008-00761, A REQUEST TO REDUCE THE FRONT-TO-FRONT BUILDING SEPARATION FROM 30 FEET TO 16 FEET AND THE SIDE-TO-SIDE BUILDING SEPARATION REQUIREMENT FROM 15 FEET TO 8 FEET FOR TWO-STORY DUPLEX AND DETACHED SINGLE-UNIT BUILDINGS WITHIN THE MEDIUM-HIGH DENSITY RESIDENTIAL DISTRICT (14-24 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF Tabe Van der Zwaag, Associate Planner, presented the staff report. In response to Mayor Kurth, Tabe Van der Zwaag noted that if any other developer wished to copy these regulations, they would have to request permission to do so. He outlined the boundaries of the Terra Vista development in response to Councilmember Gutierrez. Mr. Van der Zwaag confirmed to Mayor Pro Tem Michael that the Planning Commission had reviewed this request and unanimously approved it. Mayor Pro Tem Michael pointed out that this amendment allows flexibility in the housing types and sizes. A representative from Lewis Operating Group gave a PowerPoint presentation about the project. Redevelopment Agency, Fire Protection District, City Council Minutes March 18, 2009 Page 10 Mayor Kurth opened the public hearing. Addressing the City Council was: John Lyons noted that this community was well designed and commended Lewis Operating Group. Mayor Kurth closed the public hearing. MOTION: Moved by Michael, seconded by Spagnolo, to waive full reading and set second reading of Ordinance No. 811 for the April 1, 2009 meeting. Motion carried 5-0. O. CITY MANAGER'S STAFF REPORTS The following items have no legal publication or posting requirements. 01. REPORT ON THE DRAFT CHINO BASIN WATER EFFICIENT LANDSCAPE ORDINANCE James Troyer, Planning Director presented the staff report. Katie Parker, President of the Board of Directors for the Chino Basin Water Conservation District, spoke in support of the draft Ordinance. Councilmember Williams spoke regarding existing projects that do not have water efficient landscaping and inquired if existing properties could be regulated. She indicated that the City should adopt regulations as soon as possible. In response to Councilmember Spagnolo, discussion was held regarding what improvements to residential properties would trigger the regulations. Mayor Pro Tem Michael stated that the Ordinance was created to ensure compliance with State law and noted that there would be an educational component as well. He noted the desire to create an Ordinance which would be the same in every city so that there was a consistent standard. He suggested that we press forward and adopt the Ordinance once we know what the other communities are doing. 02. CONSIDERATION OF AN AMENDMENT TO TITLE 12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE CHAPTER 12.16 REGULATION OF NEWSPAPER RACKS ORDINANCE NO. 812 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MAKING TECHNICAL CHANGES TO THE CITY'S NEWSRACK REGULATIONS, AND AMENDING TITLE 12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE Dan James, Senior Civil Engineer, presented the staff report. In response to Councilmember Gutierrez, Mr. James noted that the intent of the Ordinance was tc protect the public. Mr. Lam indicated to Councilmember Williams that the racks could not be chained to light poles. Mr. Markman commented that the regulations relate to the placement of newspaper racks in the public right of way. News racks placed in other locations need the property owner's permission. Dave Blevins, Public Works Director, stated that the field staff would be trained to identify non- conforming news racks so that they can be referred to Code Enforcement. In response to Councilmember Gutierrez, Mr. Markman addressed adult-oriented material and indicated that this very Redevelopment Agency, Fire Protection District, City Council Minutes March 18, 2009 Page 11 comprehensive Ordinance is currently in place. The amendment is needed to remove the permit process, which is expected to assist in ensuring compliance. MOTION: Moved by Williams, seconded by Spagnolo, to waive full reading and set second reading of Ordinance No. 812 for the April 1, 2009 meeting. Motion carried 5-0. P. COUNCIL BUSINESS ?~ The following items have been requested by the City Council for discussion. P1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Spagnolo referenced the recent foreclosure workshop and expressed a concern with individuals taking advantage of the misfortunes of others. He cautioned against using the services of "The Firm", a Rancho Cucamonga business which allegedly assists with mortgage refinancing. Councilmember Gutierrez noted last week's Little League opening ceremonies and the groundbreaking ceremonies for the Church of Jesus Christ of Latter-day Saints. It was a pleasure attending these events. He congratulated the Library on a very successful telethon and spoke about the future placement of a trail above Etiwanda Avenue at the North Etiwanda Preserve. Mayor Pro Tem Michael was proud of the number and types of events planned by the City, including the business survival and foreclosure workshops. He encouraged everyone to obtain their passport as the June travel initiatives require them for land and sea travel. Mayor Pro Tem Michael commended the riding center at Heritage Park. Councilmember Williams commended the telethon for raising $90,000 and indicated that donations could still be made: She thanked the Gilfry family for all of their support. Mayor Kurth thanked the Council for assisting him in attending the many ceremonial events. He noted that the State needs to identify possible sources of water and not just focus on conservation. The Mayor noted the recent sale of the Quakes and looked forward to working with the new owners. He spoke regarding a recent meeting with Congresswoman Mary Bono and indicated that she has pledged to be a strong advocate on the prevention and treatment of substance abuse and addiction. Q. IDENTIFICATION OF ITEMS FOR NEXTjMEETING In response to Councilmember Gutierrez, the City Manager noted that an update on the Red Hill traffic issue would be presented on April 15, 2009. ....., R. ADJOURNMENT ~; Mayor Kurth adjourned the meeting at 9:32 p.m. The meeting was adjourned to March 23, 2009, at 6:00 p. m. Redevelopment Agency, Fire Protection District, City Council Minutes March 18, 2009 Page 12 Respectfully submitted, Debra L. McKay, MMC Assistant City Clerk/Records Manager Approved: *""' March 23, 2009 RANCHO CUCAMONGA CITY COUNCIL, FIRE PROTECTION DISTRICT AND REDEVELOPMENT AGENCY ADJOURNED MEETING MINUTES A. CALL TO ORDER ' The Rancho Cucamonga City Council, Fire Protection District and Redevelopment Agency held an adjourned regular meeting on Monday, March 23, 2009, in the Cultural Center Celebration Hall South located at 12505 Cultural Center Drive, Rancho Cucamonga, California. Chairman/President/Mayor Donald J. Kurth called the meeting to order at 6:02 p.m. Present were Agencymembers/Boardmembers/Councilmembers: Sam Spagnolo, Diane Williams, Vice Chairman/Vice PresidenUMayor Pro Tem L. Dennis Michael and ChairmanlPresident/Mayor Donald J. Kurth. Agencymember/Boardmember/Councilmember Rex Gutierrez arrived at 6:07 p. m. Also present were: Jack Lam, Executive Director; Pamela Easter and Assistant City Manager; John Gillison, Deputy City Manager/Administrative Services. lkrtfi B. COMMUNICATIONS FROM THE PUBLIC No one was present to comment on the meeting. C. ITEM OF DISCUSSION i 1. DISCUSSION AND CONSIDERATION OF CONSENSUS BUILDING - Dr. Bill Mafhis, Facilitator Dr. Mathis facilitated discussion with the Agencymembers/Boardmembers/Councilmembers. ,_,._. D. ADJOURNMENT Meeting adjourned at 8:45 p.m. MEETING TO ADJOURN TO WEDNESDAY, APRIL 1, 2009 AT 3:30 P.M. FOR A MEETING IN THE TRI-COMMUNITIES CONFERENCE ROOM AT CITY HALL, 10500 CIVIC CENTER DRIVE. Respectfully submitted, Debra L. McKay, MMC Assistant City Clerk/Records Manager Approved: """ RANCHO CUCAMONGA REDEVELOPMENT AGENCY p7 Agenda Check Reeister 3/I 1/2009 through 3/24/2009 Check No. Check Date Vendor Name Amount AP - 00279940 3/11/2009 BANC OF AMERICA LEASING 221.47 AP - 00279960 3/11/2009 CIVIC PLUS 8,400.00 AP - 00279989 3/11/2009 DELLHIME, SIGMUND 147.85 AP - 00279991 3/11/2009 DEMCO INC 990.48 AP - 00280017 3/11/2009 GEOGRAPHICS 88.89 AP - 00280026 3/11/2009 HILL AND KNOWLTON INC 7,104.80 AP - 00280026 3/11/2009 HILL AND KNOWLTON INC 757.67 AP - 00280026 3/11/2009 HILL AND KNOWLTON INC 787.50 AP - 00280038 3/11/2009 INLAND CUSTOM PUBLISHING GROUP 2,500.00 AP - 00280038 3/11/2009 INLAND CUSTOM PUBLISHING GROUP 2,500.00 AP - 00280038 3/11/2009 INLAND CUSTOM PUBLISHING GROUP 2,500.00 AP - 00280041 3/11/2009 INLAND EMPIRE UTILITIES AGENCY 67,103.94 AP - 00280052 3/11/2009 KEC COMPANY 1,351,995.41 AP - 00280052 3/11/2009 KEC COMPANY -135,199.54 AP - 00280053 3/11/2009 KLEINFELDER INC 1,346.25 AP - 00280053 3/11/2009 KLEINFELDER INC 1,346.25 AP - 00280057 3/11/2009 KTIE 590 2,250.00 AP - 00280072 3/11/2009 MANNING ELECTRIC 3,932.92 AP - 00280093 3/11/2009 OFFICE DEPOT 323.24 AP - 00280095 3/11/2009 ORANGE COUNTY BUSINESS JOURNAL 1,600.00 AP - 00280095 3/] 1/2009 ORANGE COUNTY BUSINESS JOURNAL 1,600.00 AP - 00280098 3/11/2009 OVERDRIVE 8,000.00 AP - 00280100 3/11/2009 PBS&J INC 20,552.49 AP - 00280113 3/11/2009 RANCHO CUCAMONGA CHAMBER OF COMMEI 30.00 AP - 00280113 3/11/2009 RANCHO CUCAMONGA CHAMBER OF COMMEI 30.00 AP - 00280] 13 3/11/2009 RANCHO CUCAMONGA CHAMBER OF COMMEI 30.00 AP - 00280113 3/11/2009 RANCHO CUCAMONGA CHAMBER OF COMME] 30.00 AP - 00280113 3/11/2009 RANCHO CUCAMONGA CHAMBER OF COMMEI 30.00 AP - 00280113 3/11/2009 RANCHO CUCAMONGA CHAMBER OF COMMEI 30.00 AP - 00280113 3/11/2009 RANCHO CUCAMONGA CHAMBER OF COMMEI 30.00 AP - 00280113 3/I 1/2009 RANCHO CUCA.MONGA CHAMBER OF COMME] 30.00 AP - 00280113 3/I 1/2009 RANCHO CUCAMONGA CHAMBER OF COMME] 30.00 AP - 00280125 3/11/2009 RRM DESIGN GROUP 10,624.12 AP - 00280231 3/18/2009 AUFBAU CORPORATION 10,680.00 AP - 00280231 3/18/2009 AUFBAU CORPORATION 11,926.00 AP - 00280231 3/18/2009 AUFBAU CORPORATION 15,311.50 AP - 00280263 3/18/2009 BUTSKO UTILITY DESIGN INC. 180.00 AP - 00280289 3/18/2009 CONWAY DATA INC 7,250.00 AP - 00280292 3/18/2009 COSTAR REALTY INFORMATION INC 1,792.91 AP - 00280303 3/18/2009 D 7 CONSULTING INC 11,731.25 AP - 00280307 3/18/2009 DAILY JOURNAL CORPORATION 2,389.20 AP - 00280312 3/18/2009 DEMCO INC 489.19 AP - 00280315 3/18/2009 DUE NORTH CONSULTING INC. 2,500.00 AP - 00280332 3/18/2009 FARAH INC, ELIE 1,800.00 AP - 00280333 3/18/2009 FEDERAL EXPRESS CORP 15.17 AP - 00280333 3/18/2009 FEDERAL EXPRESS CORP 15.17 AP - 00280333 3/18/2009 FEDERAL EXPRESS CORP 16.93 AP - 00280346 3/18/2009 FRANCE PUBLICATIONS INC. 3,100.00 AP - 00280348 3/18/2009 GAMUT CONSTRUCTION COMPANY INC 34,150.00 AP - 00280348 3/18/2009 GAMUT CONSTRUCTION COMPANY INC 40,511.74 AP - 00280352 3/18/2009 GEOGRAPHICS 480.00 AP - 00280352 3/18/2009 GEOGRAPHICS 3,975.98 AP - 00280377 3/18/2009 IMPRESSIONS GOURMET CATERING 134.69 AP - 00280399 3/18/2009 LIM & NASCIMENTO ENGINEERING CORP 17,389.65 User: VLOPEZ -Veron ica Lopez Page: 1 Current Date: 03/25/200 Report:CK_AGENDA_R EG_PORTRAI T_RC - CK: Agenda Check Register Pomait Layout Time: 16:11:3 RANCHO CUCAMONGA REDEVELOPMENT AGENCY Agenda Check Ret?ister 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name Amount AP - 00280438 3/18/2009 OFFICE DEPOT 2.48 AP - 00280438 3/18/2009 OFFICE DEPOT 26.26 AP - 00280457 3/18/2009 RANCHO CUCAMONGA CHAMBER OF COMMEI 6,633.33 AP - 00280466 3/18/2009 RICHARDS WATSON AND GERSHON 533.00 AP - 00280466 3/18/2009 RICHARDS WATSON AND GERSHON 500.00 AP - 00280466 3/18/2009 RICHARDS WATSON AND GERSHON 1,564.00 AP - 00280466 3/18/2009 RICHARDS WATSON AND GERSHON 1,473.50 AP - 00280466 3/18/2009 RICHARDS WATSON AND GERSHON 6,230.09 AP - 00280466 3/18/2009 RICHARDS WATSON AND GERSHON 66.00 AP - 00280468 3/18/2009 SAFCO CAPITAL CORP 29,265.87 AP - 00280469 3/18/2009 SAN BERNARDINO COUNTY 260,981.50 AP - 00280471 3/18/2009 SAN BERNARDINO COUNTY 1,672.55 AP - 00280487 3/18/2009 SLATER WATERPROOFING INC 57,402.76 AP - 00280487 3/18/2009 SLATER WATERPROOFING INC -5,740.28 AP - 00280502 3/18/2009 TBH INC 7,635.50 AP - 00280512 3/18/2009 UNION BANK OF CALIFORNL4 135,199.54 AP - 00280539 3/18/2009 YAMADA ENTERPRISES 2,356.49 Total for Check ID AP: 2,033,385.71 Total for Entity: 2,033,385.71 P2 User: VLOPEZ -Veronica Lopez Page: 2 Current Date: 03/25/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:11:3 STAFF REPORT }:NGINI?I?RING $172\'ICI?S Dlil'ARTMI;N"r RANCHO Date: April 1, 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: Romeo M. David, Associate Engineer Shelley Hayes, Assistant Engineers-~ Subject: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $339,698.20 TO THE APPARENT LOW BIDDER, MEGA WAY ENTERPRISES, AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $33,969.82, FOR THE FOOTHILL BOULEVARD / ETIWANDA AVENUE SIDEWALKS AND BLOCK WALLS, AND THE WILSON AVENUE MEDIAN MODIFICATION AT FIELDS PLACE PROJECT TO BE FUNDED FROM MEASURE t FUNDS, ACCOUNT NOS. 11763035650/1675176-0, 11763035650/1670176-0 AND 11763035650/1671176-0, RDA FUNDS, ACCOUNT NO. 2640801-565011670640-0 AND LMD9 FUNDS, ACCOUNT NO. 11393035650/1671139- 0 AND APPROPRIATE $60,000.00 TO ACCOUNT NO. 1 1 76 3035650/1 6751 76-0, $150,000.00 TO 11763035650/1670176-0 AND $35,000.00 TO ACCOUNT NO. 1 1 7630356 50/1 671 1 76-0 FROM MEASURE I FUND BALANCE, $151,500.00 TO ACCOUNT NO. 2640801-5650/1670640-0 FROM RDA FUND BALANCE AND $57,000.00 TO ACCOUNT NO. 1 1 39 3035650/1 671 1 39-0 FROM LMD9 FUND BALANCE RECOMMENDATION It is recommended that the Redevelopment Agency accept the bids received and award and authorize the execution of the contract in the amount of $339,698.20 to the apparent low bidder, Mega Way Enterprises, and authorize the expenditure of a 10% contingency in the amount of $33,969.82, for the Foothill Boulevard / Etiwanda Avenue Sidewalks and Block Walls, and the Wilson Avenue Median Modification at Fields Place Project, to be funded from Measure I Funds, Account Nos. 11763035650/1675176-0, 11763035650/1670176-0 and 11763035650/1671176-0, RDA Funds, Account No. 2640801-5650/1670640-0, and LMD9 Funds, Account No. 11393035650/1671139-0 and appropriate $60,000.00 to Account No. 11763035650/1675176- 0,$150,000.00 to Account No. 11763035650/1670176-0 and $35,000.00 to Account No. 11763035650/1671176-0 from Measure I fund balance, $151,500.00 to Account No. 2640801- 5650/1670640-0 from RDA fund balance and $57,000.00 to Account No. 11393035650/1671139-0 from LMD9 fund balance. BACKGROUND/ANALYSIS Per previous Agency action, bids were solicited, received and opened on March 10, 2009, for the subject project. The Engineer's estimate for the base bid was $544,763.00. Staff has reviewed all bids received and found them to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds the apparent low bidder meets the requirements of the bid documents. A portion of the appropriated funds will be used for construction support services such as surveying, soils and materials testing and inspection. P3 P4 REDEVELOPMENT AGENCY STAFF REPORT Re: Award Foothill Boulevard / Etiwanda Avenue Sidewalks and Block Walls, and the Wilson Avenue Median Modification at Fields Place Improvements April 1, 2009 Page 2 The scope of work consists of removal of existing A.C. pavement, existing P.C.C. curb and other miscellaneous items affected by the proposed sidewalk and the median modification, construction of retaining curb, retaining wall, median curb, curb and gutter, block wall, access ramps, concrete sidewalk, A.C. paving and installation of new street lights and traffic signs. The contract documents call for fifty (50) working days to complete this construction. Respectfully submitted, ~~~ Feuer Director of Engineering Services/City Engineer MAS/RMD/SH:Is Attachments VICINITY MAP ALMO D ~u HILLSIDE D ~ ~ ~ ~ IL AVE 24TH ST a BANYAN ST ~ BANYAN ST ~~ o .1 'L ~ _ G\1 C~~ ?, w ~P~ ~~ I~1! ~~ z x VICTOR ARK ~ ¢ ~ ~ ASE UN RDA ~ Y = O o HUR ST R o - PROJECT 5 ~ .LOCATION FO ILL BLVD ? 4 ~ THI BLVD ~~ 105 D C C D < ~ _ ^ _ RRO T ~ a ¢ ~ < BNSF RR ' c~ 8TH ST ? ¢ 6TH ST N ~ ~ _ 4TH ST ¢ ONTARIO CITY LIMIT ' CITY OF RANCHO CUCAMONGA FOOTHILL BLVD./ETIIPANDA AVE. SIDE~PALK a/s oa srnerme evs - rsoY sus' s/o csas-txm .vs. ro too' x/o c~vr evg N s/s or Fom~,t evs - t~xor e>ie' r/o coxNtren, m zaa' s/o cwaNrerl ova x.r.s. P5 P6 Eti o~ E 4t ~V z '~ zF ~. ~ O ~ ~ O ~ A ~ ~ U Z d i1r" A f~ W ~,, d F U ~ fJ] --a w a. BIU SUMMARY POR BIO OPENING MARCN 10. 5009 AvvaaElRtOw BIDDER x FOOTHILL BI / ETIWANDA A V SIDEWALKS AND BLOCK WALLS.AND WILSON AVE MEDIAN MOD AT FIELDS PL exaavszx's BBTDB.STR a¢wA mAi a11T6RP1Ue6a ®B COnorrs mc. am am Dm nnr aD vart Pwcum°a coat mn AnPDer coer sn°vni RIN AND UBBING ZINC U ESALL ~ 1 t LS REMOVALS. AND MOBILIZATIONANO GRADING) 530.00000 0.3DDWDD °iJ'0°°--°° u0.ooo.a0 pD,aoD.DO'~ uD.boo.bD CONSTRUCT S'ASPHALTCONCRETE l 2 ]85 IONS PAVEMENT 510500 Ll .vs.oD an].oD Sa3 )¢S.W sm.abi n4.ee0.oD CONSTRUCT ]'A.C. PAVEMENT OVER NATIVE. 3 6T TONS WIDTH PER PLAN 510500 Tws.oD T03.90 u.ms.aD EI]0 O°i auAga.BD CONSTRUCT 6"CRU$HED AGGREGATE BASE, < 302 TONS LLA5511 sa.oD vASO.oD a•aoq~ nasgoDo 550W us,loo.00 CONSTRUCT 4"THICK P.G.C. SIDEWALK, WIDTH B 6.497 SF PER PLAN. PER STD. DWG. N0. tOt AND 103. 56.00' :ts gax.oo u.qD EIB,e41.]0 S2]p' ib.w]aD ' CONSTRUCT B"CUR80 GUTTER (TYPE A2-BT 6 Bif LF PER CLTYSTO.OWG. N0. t04, 54SC0 us 4gsoo ams au.wf.es ao.oD ab.xxD.oo 6 FINISH WITH CAP) PER CITY STD. N0. 606, INCLUDING REPLACEMENT OF EXISTING ua.oo 5521e!m axb.oD~ n4.na.oo LANDSCAPE. IRRIGATION, INSTALLATION OF ' T 58] LF TEMPORARY FENCE DURING CONSTRUCTION 515000 ua.gsD.Do CONSTRUCTVARIABLEH5IGHT RETAINING WALL PER CITY STD.OWG. NO. 604 WITH f1a5.00~ a8.lgq.oD Ms.oO a3.DTO OD B TB LF STUCCO FINISHED TO MATCH IXISTING WALL 5120.00 i u ]ba oD CONSTRUCT RETAINING CURB VARIES HEIGHT i 0'TO f.5'WITH STUCCO FINISHED TO MATCH I L8.00 LTD.oD uD.oD~ f19M.op 9 95 LF EXISTING WALL. 512.00' 91.140 oe CONSTRUCT RIVER WASHED GRANITE ~ 10 290 5E COOBLESTONES PER CITY STD. N0542. $8.001 91 leDDp vD.oD Sx.9D00D L4.00 ND6D.D8 INSTALL 3"OSTREET LIGHT CONDUIT, 1,3801 i L.F.PULL ROPEANO PULL BOXES (COORDINATE nsaoD.oo aupeD.N ala,ooo.o°I slaoo°.o° Il f LS WITH EOISON L0.1 (COMPLETE IN PLACE) EIB.000,00' ale.DOD.oO 12 3 E4 RELOCA TE SIGNS 5300001 fggD.DD iloD,oD! Ow.°0 sns.DDl a5x6.DD 13 1 LS TRAFFIC CONTROL E12.000OO a1x,DDD.DO s1.BaD.oo 9LSbD.DO axsbD.DO asoo.oa TRAFFIC SIGNING STRIPING AND PAVEMENT 14 f LS , MARKINGS PER PLAN, COMPLETE IN PLACE 5],000OO Ez0DD.0o Ba900.Op NADD.oD N,OM.DO N.DDD.00 15 20 LF INSTALL CHAIN LINK FENCE IN LIKE AND KIND 520.00 uoo oo alzs O° 5x500.00 a14D.0D 5x,¢00.00 $Obkliel p°tl,5'110D 5180,6]].15 Sxlq,b0L10 I ETIWANDA AVENUE SIDEWALKB AND BL OCK WALLS I CLEARING AND GRUBBING (INCLUDES ALL lIJ DDO OD Su ooD 00 n I6 1 L5 REMOVALS.AND MOBILIZATION ANO GRADING) b20.00000 uO DOD.oD , . ,WD.W sta ooo.oD E CONSTRUCi3'A.C. PAVEMENT OVER NATIVE 1] 20 TONS . WIDTH PER PLAN I 5f 05.00' 52180.DD ugD.op at¢DO.aO SnDD01 5]aoo.op CONSTRUCi4"THICK P.C.C. SIDEWALK, WIDTH 1$ 7.552 SF PER PLAN. PER STD. DWG. N0. 101 AND 103. 56.00 M8d1a.OD 1x.98 uLgoD.Bb us°i al>.]bq.60 A MPP D AL N SHEET2AND STANDARD t02. PER PLAN, fb°D.oDI EI,xOD.DD SLODO OD sx.aoD.DD 19 2 EA COMPLETE IN PLACE. 6500.W EI OOO.ro CONSTRUCT 6' BLOCK WALL (SPLIT FACE FINISH WITH CAPE PER CITY STD. NO. 60fi, INCLUDING REPL4CEMENi OF IXISTING see.ao~ 55•.x0¢.00 a1x6.oD~ sT1.b]b.oe LANO$CAPE. IRRIGATION, INSTALL4TION OF 20 616 LF TEMPORARY FENCE DURING CONSTRUCTION 5150.00 Wx 4DD.b0 INSTALL ]"O STREET LIGHT CONONi, t,360x ' LF.PULL ROPE AND PULL BOXES (COORDINATE tl]s00.00~ 51].SW.OD 3u,IXp.oB als,DDp.DP Z] t LB WITH EDISON)(COMPLETE IN PLACE) Et2.00000 s12a0D.oo 22 T EA RELOCATE SIGNS 530000 sa loo.a0 5100.00 no0.00 slTS.DDi x1,zx5°° 23 t LS TRAFFIC CONTROL SB,D0000' fe DDD °° al.s0o.00 t1.5W.00 u.580.W. u.s00.o0 TRAFFIC SIGNING, STRIPING AND PAVEMEM R4 1 L$ MARKINGS PER PL4N, COMPLETE IN PLACE b000000 0.a.000 oD 319ae.a0 11,x00.00 f1.W5.00' E4bT580 $LLbtOt81 518591 R.00 SII I.W8.P0 51]1,185.60 WILSON AVENUE MEDIAN MODIFICATION CLEARING ANO GRUBBING (INCLUDES ALL 25 t LS REMOVALS, AND MOBILIZATION ANO GRADING) SB.000.OOi feDOO OO 59'so°.°D~ sgso0.00 u4ss4.aD, m4ss4.]0 N U 4"A HAL NCRE E • 26 66 TONS PAVEMENT 5105.OO w.9ao.D0 El OS °° wa]0.00 I amx.o0~ .w,nx.00 CONSTRUCT4"CRUSHED AGGREGA TE BASE, 2T 59 TONS CLASS II $5000 Erz 95D.DD 5x5.00• EIATS.Lb aaS.Dei 52655.D0 INSTALL BOMANITE PAVING BRICK PATTERN (BY BOMANITE)PER MANUFACTURER'S, l SPECIFICATIONS, COLOR BRICK RED. BULLETIN 2958 u.D9a.DD Too 559ba D0 26 852 SF 31]: H-BT INTEGRAL COLOR. MATCH EXIST. $8.001 s6,x16.DD CONSTRUCT B"CURB ONLY (TYPEAf-B')PER 1 x14>s v 9eTxs 1 uo ~ 29 91 LF CITY STD.OWG. NO. 104. $30.00 SE.ue oe . ~ .oD s59rz0.0o CONGTRUCT P.C.C. PAVEMENT. MATCH ¢xe eD' asbD DD 1 30 2B 5F EXISTING. $18.001 fa9n.08 . . a18 08 94xD.D0 t ~ INCLUDING RELOCATING TlVO EXISTING VALVES. REMOVAL OF ONE EXISTING VALVE S1.00o w' S1.ooo.oD a1.000.00~ ¢LODO.DD AND REIAOVAL OF ALL EXISTING SPRAY HEADS, ]I 1 LS PER IRRIGATION PLAN /COMPLETE IN-LACEI SJ.W0.00 uAOD.00 ' A EFULLY REMOV EXIST. TREES AND BOX ~ THEM TD APPROPRIATE BOX SIZE RANGE FROM 36' i0 4B"BOX AND PLACE THEM ON THE us0 o0 a•,gw.00 ss'rs.00. s9aw.oo 32 1a EA SAFE AREA 5500.00 n.o0o.ao TRAFFIC SIGNING, STRIPING AND PAVEMENT 33 f LS MARKINGS PER PLAN, COMPLETE IN PL4CE 52.00000' uooODo uJee.oe, u.100 a 320°°.°0 sx.gOD.DD Ja 1 LS TRAFFIC CONTROL 55.ODOW c.om.00 Sv.308.oe s1 w0.oo sx.s00.D0i u.sao.aD Submul asD.+va oo s4l.DSbss isls°9Jo I soTAS, wv.¢9e.m smaax.o0 se..,TCa.oO P7 01U SUMMARY FOR BID OPENING MARCR 10,3009 ¢ s n1 FOOTHILL BI / ETI WANDA AV SIDEWALKS AND BLOCK asc aoAOwAr r WALLS. AND WILSON AVE MEDIAN NOD AT FIELDS PL w pAVAG me #9aine#uno eo. conlmmrnon co. Yl1T ® VaR ~COYaLCT3a Ollx 30 COpaECl6p Is iDSecavnos mm Aaom9r Sa603T aaovm ARO91m IAG AND GRu INo IIN,.Ly ALL 1 1 LS REMOVALS. pNO MOBILRATION ANO GRADING/ 530.000.00 #o1m.m aax.om.m az.ooa.m #o.ooD.m #o.mo.m CONSTRUCTSASPHALi COACFETE R 385 TONS PAVEMEM E65.00'~ #asTS.m #tm #a.ws.m sae.v, #6.9TO as CONSTRUCT 3"A.L. PAVEf fENi OVER NATVE. I 3 6T TONS WIDTH PER PLAN EIGO.OOI igAaD.oU sgv.m. 36d63.m sus.95. '. #.msas CONSTRUCT 6"CRUSHED AGGREGA TE BASE, I ' 4 302 TONS CLASS II $21001 fe.l.SlnD faD.m 3110¢000 #D.59 #.xu.DD CONSTRUCT 4"THICK P.C. C. SIDEWALK, WIDTH ' 5 6.1BJ SF PER PLAN. PER STD.OWG. NO. f01AN0103. f2.80 91 e.¢n.aD #.45i #Llls.xs 5x.]31 tm.D61.66 CONSTRUCT 6' CURB AGLITTER (ttPE A2~3~ 6 511 LF PER CITY STO.OWG. NO. 101. 516.00' itasgfi.00 316e0 tusamo #s.m~ ixedas.DD FINISHWITH LAPJ PER LItt STD. N0. 606, ~ i ' INCLUDING REPIACEMEN*OF IXISTING ~ 391.m' SV.96l.m s1oa.35 sal w.s LANDSLAPE.IRRIGATION, INSTALLADON OF ~ ] 59] LF TEMPORARY FENCE DURING CONSTRUCTION SBL00 sss]ax.m CONSTRUCT VARIABLE HEIGHT RETAINING WALL PER CITY STO.DWG. N0. 601 WITH nas.m s9.]so.m a3ows' va.ms.lo 8 )6 LF SNLLO FINISHED TO MATCH IXISTING WALL $105.00 se.lgo.m CONSTRUCT RETAINING CURB VARIES HEIGHT O'T01.5 WITH STUOCO FINISHED TO MATCH I #¢m #st5.m #6.m 51.6xe o0 9 BS LF EXISTING WALL. 512.00 ' #Am.m ~ CONSTRUCT RIVER WASHED GRANITE ~ 1 Slaao u,.azm ' sn.5al i Ss,oxsoD ]0 280 SF LOOBLESTONES PER CItt STD. N0.512. 5100 sx.DaD.oD INSTALL J' 0 STREET LIGHT CONDUIT, L360z L.F.PULL ROPE AND PULL BOXES (COORDINATE iup9D.oo ua,aoo.oo Sis.us.aD msdss.m ll i LS WITH EOISON COJ (COMPLETE IN PLACE) Sf5.000.00i SIE.om,m 12 3 EA RELOCATE SIGNS 5100.00 #oom Sleo.m 95.0.00 #e6 e]I ~ s66D.D1 13 1 LS TRAFFIC CONTROL 5].00000' #.mo.m il.Tm.m~ S1.Tm.m ss,om.m ' s,am.m TRAFFIC SIGNING, STRIPING AND PAVEMENT 1 A f LS MARKINGS PER PLAN, COMPLETE IN PLACE 58.300.00 ~ ia.Sm.m 39,am-m M.mO,m #.99sm~ #,ggsm 15 20 LF INSTALL CHAIN LINK FENCE IN LIKE AND KIND 510.00 Hm.m iv'm~ 31.om oo sss.u' SI.C65.m BYb14f61 #1191p.a0 #16.x11.95 II19511N #I9.S. a.ai I ETIWANDA AVENUE SIDEWALKS AND BL OCK WALLS ~ CLEARING ANO GRUBBING(INCLUOES ALL 16 1 LS REMOVALS, AND MOBILIZATION AND GRADING $25.000.001 Sxs.om.oD sxap00.00 331am,oo dlD.aoo.m Slo.ooo.ao C. PAVEMENT OVER NATIVE t] 20 TONS . WIDTH PER PLAN $110.001 sx emm E91oo ^,ew.m ¢zsD.ao Ss,mom CONSTRUCT 4'THICK P.L.L. SIDEWALK. WIDTH I I B 7.552 SF PER PLAN. PER STD. DWG. N0. f0f AND 10J. 52.90 ~ ev noD.eo #.x5 #as«.m ax.Ta, axD.3 m.96 ~ U A L SHEET 2AND STANDARD 102, PER PLAN, SI.mD.ml #,ooo.m #,wo.m ~ N.aDD.m l9 2 EA COMPLETE IN PLACE. bt.60000 #,xm.m CONSTRUCT 6'BLOCK WALL (SPLIT FACE i FINISHWITH CAPPER GTY STD. NO. 606, ' INCLUDING REPLACEMENT OF IXISTING ! igl.mi Ssa.os6.m S19].fi5i 3619a6wo LANDSCAPE. IRRIGATION, INSTALLATION OF 20 316 LF TEMPORARY FENCE DURING CONSTRUCTON 59G.Op ss]swm INSTALL 3" O STREET LIGHT CONDUIT, 1,3601 ~ LF.PULL ROPE ANO PULL BOXES !COORDINATE ~ a.,am.m #..am.m ¢1e,96s.m1 #s.eas.m 2l 1 LS WITH EDISON)(COMPLETE IN PLACE 5f 5,50000 stssoo.m ' 22 T EA RELOCATE SIGNS 5100.00' #DO.Dn slfio.9o SlxaD.m sla6.wl SLa95.D1 23 1 LS TRAFFIC CONTROL $f.300.00~ ¢LaaonU Et gOO.oDI, E1,900.m ES,DDD.DD I Ss.oOD.m TRAFFIC SIGNING, STRIPING AND PAVEMENT ! 29 1 LS MARKINGS PER PLAN. COMPLETE IN PLACE Sf.200.00~ Slsoo.oo #.ISD.m il.ls0m it.fas.ool a11•s.m $pbtptel ~ 81x9.Wa.60 SIx5,95D.m I S1A,'v®901 Slx6.¢au.9 WILSON AVENUE MEDIAN MODIFICATION CLEARING AND GRUOBING (INCLUDES ALL ' 25 1 L$ REMOVALS.AND MOBILIZATIONAND GRADING/ 516.0000p il6om aD SISdm.m Sle]m.m ttx.90.m t11]ID.m N U ~<'A HAL 26 BB TONS PAVEMENT 5120.00 3'].9x6 m mx.m' S6.m] m # 16.19 m.9w.aB CONSTRUCT G'CRUSHED AGGREGATE 8455. 2] 58 TONS CLASS II 566.60 30,a11m Hnm' Sx.Tlam 36T.as 33.9]4.55 INSTALL BOMANITE PAVING BRICK PATTERN (BV BOMANITE)PER MANUFALNRER'S, SPECIFICATIONS. COLOR BRICK RED. BULLETIN SS.D01 Si,x6D.m I #6.09 Su.6#.Dq I 26 652 SF 3f&11-8]INTEGRAL COLOR. MATCH EXIST. g6J5' ss.>SLOO I CONSTRUCT B'CURB ONLY (TYPEAL9)PER 0 29 ZTf LF CITY STD.DWG. NO.tW, 816.00' S9.9ve,m 915.0 EIA65.00 Exx.a]I Sb.Da9aT CONSTRUCT P.C.C. PAVEMEM. MATCH i 30 2B SF EXISTING. EB0.00' EL630.m , szga.DD SIOSD E1s.0o I azo.m INCLUDING RELOCATING TWO EXISTING VALVES. REMOVAL OF ONE EXISTING VALVE #x.3eD.m S1z.3m.m ss9so.m Ss.aso uo AND REMOVAL OFALL EXISTING SPRAY MEADS, 31 1 LS PER IRRIGATION PLAN /COMPLETE IN PLACE) EZ.B00.00 #.9oo.m ' A rULLYREAfOVE IXI cE ANDB X THEM TO APPROPRIATE BOX SIZE RANGE FROM 36"T04H'BOX AND PLACE THEM ON THE s6w.m H960.m s6ao.DD saAm.m 32 tG EA SAFE AREA 5600.00 nlzm.m TRAFFIC SIGNING, STRIPING ANO PAVEMENT 33 1 LS MARKINGS PER PLAN. COMPLETE IN PLACE 52.900.00 E29mm Sa.lmm #,1oD.oo a.D9o.DO b.o9a.oa 34 1 LS TFAFFIL CONTROL 55.00000 Ss.oOO.m 31 <DO.m a.wA.DD Es,000.00, Ss.DDD Oa Subtotal 35x.wl.m ~ 3619x1oo ~ f56.wa eD I ro]M. Eao9,999.9¢ unwm tau.99....~ ywy¢w.fo BID SUMMARY FOR BID OPENING MARCH 10,3009 f T FOOTHILL BI/ETIWANDA AV SIDEWALKS AND BLOCK CB LedEAC4 eAaaAY mnrxalrrnon WALLS, AND WILSON AVE MEDIAN MOD AT FIELDS PL coxarHOrnoa inc. YAwa mc. vm w vp3f mlxr I p0 Tf pnR naECalail0a <ORf aYOVIR COaf .W011R COp} Y10VIR ING AND GRUB IN (IN LUD $ ALL ~ 1 1 LS REMOVALS.AND MOBILTlATION AND GRADINGI fID.953.00~ a10.9f].p0 Exx,mp.m~ ux.pm oo aip.m0.00' ap,om.m CONSTRULTS"ASPHALi CONCRETE allaml vs x m l 2 395 TONS PAVEMENT fi}4.Ltl N5.030m n a uis.m sasnxs.m CONSTRUCT 3"A.C. PAVEMEM OVER NATVE. 3 6T TONS WIDTH PER PLAN 511100' .n aaem si5p.m up.psp.m Si154W. YT,TpS.m CONSTRUCT 6"CRUSHED AGGREGATE BASE, ' a J02 TONS CLASS II S2).OO ta,lu.pp aaa.pp . n.xaE.m Siam as,a3am CONSTRUCT 4"THICK P. L. L. SIDEWALK, WIDTH 5 6.497 SF PER PLAN, PER STD. DWG. NO. 101 AND 103. 55.001 S.ixae5pp 59.001 555956.00 a.m' fax.>3q.50 CONSTRUQ B"CURBd GUTTER (TYPE A2-0') ~ b H1f LF PER CITYSTO.OWG. NO. tW. f2T00 ul.ronm us.m u6.36am sn.m aE.as3.m FINISH WRH CAP) PER CITY STD. NO. 606. INCLUDING REPLACEMENTOF EXISTING sus.m• fae.ig5m nv.m alau.m LANpSCAPE, IRRIGATION, INSTALLATION OF i J 593 LF TEMPORARY FENCE DURING CONSTRUCTION 4108001 fax.ms.po CONSTRUCT VARIABLE HEIGHT RETAINING WALL PER CITY STD.OWG. N0. 504 WITH 9uo.m' aeseo.m aipp.m u,am.m 8 TB LF STUCCO FINISHED TO MATCH IXISTING WALL ftf J.00 ro.uam CONSTRUCT RETAINING CURB VARIES HEIGHT 0'TO 1.5'WITH STUCCO FINISHED TO MATCH ~ uam a6,9]s.m ....m~ SSJ>s.m 9 95 LF EXISTING WALL. f45.00~ saa>s.pp CDNSTRUCT RIVER WASHED GRANITE 10 290 SF COOBLESTONES PER LITV STD N0.542. 510.001 Ex90o pp si5m aa,3sp.pp I wsm su.asp.m INSTALL J" 0 STREET LIGHT CONDUIT. 1,3605 LF.PULL ROPEAND PULL BOXES (COORDINATE Sls,pm opt SIS,Om op u,pm.mi S>Pm.m 11 1 L$ WITH EOISON LOJ (COMPLETE IN PLACE) b15.058.00 9u.o5a.m I t2 3 E4 RELOCA TE SIGNS ff5B.00 sa>a.m fisp.o0' Nsp.m Eiso.m 5am.m I3 1 LS TRAFFIC CONTROL 56.32800' faalE.m 53.0m.ml ip.p00.m u.spp.m u,mp.m TRAFFIC SIGNING, STRIPING AND PAVEMENT ~ 19 1 L3 MARKINGS PER PLAN, COMPLETE IN PLACE 510.252.001 Elp.xsx.m N.am.m M,am.m 55.00 opl uspp.pp IS 20 LF INSTALL CHAIN LINK FENCE IN LIKE AND KIND fT9.TB ~ sLSgam 555.001 53,10000 Eu0.m1 f&xm.4p $VSfOtal fxaB.a]fm 9asi.SmW 11x9,355.50 ETMIANDA AVENUE SIDEWALKS AND BL OCK WALLS I I CLEARING AND GRUBBING (INCLUDESALL I6 1 LS REMOVALS, AND MOBILIZATIONAND GRADING 515.592.00 sis.roxm u5,mp.m ii5.p00.m u.pppml u,mp.m CONSTRUCT 3"A.L. PAVEMENT OVER NATIVE 19 20 TONS . WIDTH PER PLAN Ei1d.00 5x.xeo.m SiW.m aa.ma.p4 Sus.m 5x,300.00 CONSTRUCT d"THICK P.C. C. SIDEWALK WIDTH I ' IB T.552 SF PER PLAN. PER STD.OWG. N0. 101 AND 103. 55.00 ~. 9l Tm.m N.m~ t3a.x0e m N.m s3p.xae.m A IL SHEEi2AND STANDARD 102, PER PLAN, ax.sap.m. ss.mp.m u,spo.m n.ppp.m 19 2 EA COMPLETE IN PL4CE 11,])2.00 u]w.m CONSTRUCT 6' BLOCK WALL (SPLIT FACE FINISH WITH LAP) PER CITY STD. NO. BO6, INCLUDING REPLACEMENT OF EXISTING ais.m, s>p,eap.pp slxl.po u4sx.pp LANDSCAPE, IRRIGATION. INSTALLATION OF 20 616 LF TEMPORARY FENCE DURING CONSTRUCTION 5105.00 wa.aeam INSTALL 3'OSTREEi LIGHT CONDUIT, 1.3605 LF.PULL ROPE ANO PULL BOXES !COORDINATE sisspa.m~ ussppm u.ppp.m n.ppp-m 21 1 LS WITH EDISOM !COMPLETE IN PLACE) 515.4]).00 smaaam 22 J EA RELOCATE SIGNS 5188.00' fLma.m Sixs,m Se>s.m Ei50m1 u,pm.pp 23 1 LS TRAFFIC CONTROL $6,32).001 Ea?21m SE.ppam. 53.060.00 6x.000.00 u,pm.m TRAFFIC SIGNING STRIPING AND PAVEMENT ~' 2a f LS MARKINGS PER PLAN. COMPLETE IN PLACE Ei,B64.00 al.aa. oo St.Om.ml u,mo.m u.mp.ppl a.mo.m Submul Ela>s90.00 Slasev.m flxg o9aw WILSON AVENUE MEDIAN MODIFICATION , i CLEARING AND GRUBBING (INCLUDES ALL 2$ 1 LS REMOVALS.AND MOBILIZATIONAND GRADINGI 515.582.001 s35.59200 510,0m.m up.pm.po s5ppp.mj ss.om.pp 4'ASP A E 2fi 66 TONS PAVEMENT 5114.00 i>sx9.m ElsO.ppl ro,90om siu.m n.up.m CONSTRUCT 4'CRUSHED AGGREGATE BASE D 59 TONS CLASS II 5900 nsg6.pp us m ft .xs.m siE.m' s1.ma.m INSTALL BOMANITE PAVING BRICK PATTERN ~ (BV BOMANITy PER MANUFACTURER'S. SPECIFICATIONS. COLOR BRICK RED. BULLETIN ila mi an,gxfl.0o alx.m aoR2a.00 28 852 SF 313:11-B)INTEGRAL COLOR MATCH EXIST 515.001 3i]>60.m ! CONSTRUCT B"CURB ONLY(TYPEAI-B')PER 1 39 2)t LF LIN STD. DwG. N0. 105. 526.00 amwa.6p fR2001 E5,94R.O0 5x1.001 55,691.00 CONSTRUCT P.C.C. PAVEMENT. MATCH 30 28 SF EXISTING. b2B.00 ream ~0p a.pp.m aa.oo 5150.00 INCLUDING RELOCATING TWO EXISTING VALVES. REMOVAL OF ONE EXISTING VALVE I se.mp.m• se,pnp.m u.ppp.po Ex,om.pp AND REMOVAL OF ALL EXISTING SPRAY HEADS, 3t f LS PER IRRIGATION PLAN !COMPLETE IN PLACE) SLA0.00 s1sJO 00 AR LLY REMOVE FXI ES AND EOX I THEM TO APPROPRIATE BOX SIZE RANGE I FROM 36"i008'BOX AND PLACE THEM ON THE I 39x5 m' 95950.m sa,>sa o0 5aaspa.6p 32 fa EA SAFE AREA EJ42.00~ S10Aea.m TRAFFIC SIGNING, STRIPING AND PAVCMENT ~ 33 1 LS MARKINGS PER PLAN, COMPLETE IN PLACE 54,01000 NOlam .H'000'm L.00p.p0 a.pm op Sam0.00 34 1 LS TRAFFIC CONTROL 56.324.00 Ea.3x4m Sx,Om.Op. ax,m0.pp axsm.pp fzspp o0 $0610te1 Sa>,511 W M0.615.p0 Slm,>3300 TOTAI. NE>,Ew.m N61x15.a0~ xm.eae.m P9 BIB SUMMARY FOR BID DrErwL MARCH 10.2009 s 1a Pl, FOOTHILL BI/ETIWANDA AV SIDEWALKS AND BLOCK WALLS, AND WILSON A V E MEDIAN MOD AT FIELDS PL ca3PE Y _ _ R BROB wc. avc we conrsucrtxa very i em mfr am c avcrsv vsrr ev n aerr v anvmlr roar ~ arr uvmer ~ roar Mover INo ANO RU d1N (IN LUD ALL 1 1 L$ REMOVALS. AND MOBILRADCN ANp GRADING/ E25.000.00~ axs.oop.9 p Y°'0°°'0° ss°~°°°~°° ba,ooo.W' sx.ooo.oo CONSTRUCT S'ASPHALTCONCRETE 2 3B5 TONS PAVEMENT E]O.OO 1x1650.a° ss6'0° aa],Exa.oo i'IO.o9 32T656.ep CONSTRUCT 3'A.C. PAVEMENT OVER NATIVE 3 e) TONS WIDTH PER PLAN Y)OOO sa.e9o.°o Su0.0a ~ n,a>o.oo ausao S>.>as.oo CONSTRUCT B'CRUSHED AGGREGATE BASE, A 302 TONS CLASS II ' aao.ool w.96o.a9 a!s.o91 Su mo ro 52000 M.ow.Oe . . CONSTRUCT O'THICK P.G.C SIDEWALK. WIDTH 5 fi.IB) SF PER PLAN. PER STD DWG. NO 10f AND 103. 5500 sax aas.°° ss'S0 ua.xa9so aeo sxsaaeao CONSTRUCT e'CURB 8 GUTTER (TYPE A2d') • 6 B11 LF PER CIlY STD DWG. NO. 101. 518.00 a1a.599.06 Sx L66 aV,0a1.°9 als.0o 3lY eoeao FINISH WITH CAPJ PER CITY STD. N0. fi06, I INCLUDING REPLALEI.!ENT OF EXISTING I ~ LANDSCAPE, IRRIGATION. INSTALLADON OF am1.o9 a59.av.op , unno a91101.W 593 LF TEMPORARY FENCE DURING CONSTRUCTION 5120.00 Yrllw.oo I CONSTRUCT VARIABLE HEIGHT RETAINING WALL PER CITYSN.OWG. N0. 600 WITH B9s o° 8 I9 LF SNLCO FINISHED TO MATCH EXISTING WALL E120.OO 39669.06 . 9;ato.99 399m a;>xao9 CONSTRUCT RETAINING CURB VARIES HEIGHT 0'TO f.S'WITHSN000 FINISHED TO MATCH ~ ns.oB ~ sza>s oo W oo 9 OS LF EXISDNG WALL EIOOp' UTOO ao . . sa.610.00 CONSTRUCT RIVER WASHED GRANITE 10 2B0 SF COOBLESi0NE5 PER CITY STD N0 50 na.oo. .u,o6a ao as>m Kss3 0o . . 2. EB.00 sx.axo.oo . INSTALL 3' 0 STREET LIGHT CONDUIT, 1,3805 LFPULL ROPE AND PULL BOXES (COORDINATE aa,xoonoi aa,xoo.oo ala,xaom sla3ov.oo II i LS WITH EDISON COJ (COMPLETE IN PLACE) 516.00000' al66oo.00 12 3 EA RELOCATE SIGNS E150.OOi uso.oo sloo.oo. .uoo.5o ax6v.oo Smo.oo 13 1 LS TRAFFIC CONTROL 510.000.00' ato.ooo.oo ss~'S00~0° a.soo.oo sx.aoo.ao~ exnvv.oo TRAFFIC SIGNING, STRIPING AND PAVEMENT 14 1 LS MARKINGS PER PLAN, COMPLETE IN PLACE dT.00000 n,ooo.ao n.aoo.oo ~ saboo.o0 u,us.oa Sadxs.oo 15 20 LF INSTALL CHAIN LINK FENCE IN LIKE AND KIND 530.00 M6o.a0 as°'0°I ' sL000.a0 ssa.o0, aLloo uo Subtowl aal.tv.oo ®A1191 aaa.u160 exsxd9x.6o ETIWANDA AVENUE SIDEWALKS ANO BL OCK WALLS ' CLEARING AND GRUBBING (INCLUDES ALL 1 ~ 16 1 LS REMDVALS AND MOBILIZATION AND G Sxa,N0.o0 sxa.ooo oo ale6oa.oo; axe 6W.00 , RADING 520.000.00 Sxo ooo.m i , CONSTRUCT 3'A.C. PAVEMENT OVER NATIVE IT 30 TONS WIOTM PER PLAN 510000 52.000.00 altv001 3xAO0.o0 at96.W sJ.e00.W CONSTRUCT O'TNICK P.C.G. SIDEWALK, WIDTH 18 ).552 5F PER PLAN. PER STp.OwG. NO. 101 AND 103. 55001 .vv 260W aso~ sxa,aa.ov u.xo na,l6e.w A A I SHEET2AN0 STANDARD 102, PER PLAN, 3x.000.001 ia,000.00 aLm0.o0 5x loow 19 2 EA COMPLETE IN PLACE 82.000.00 fa.ooo.oo , CONSTRUCT B' BLOCK WALL (SPLIT FACE FINISH WITH CAPJ PER LIN STD. N0. 806, INCLUDING REPLACEMEMOF EXISTING va1 o6 ss2 am LANDSCAPE, IRRIGATION, INSTALLATION OF . . .9v 5lszoo. s9a,>t2.oo 20 616 LF TEMPORARY FENCE DURING CONSTRUCTION gf 20.00 a>a?xo.o9 INSTALL 3' 0 STREET LIGHT CONDUIT, 1.3BOx I L.F,PVLL ROPE AND PULL BOXES (COORDINATE ala 2o0 0a 21 f LS WITH EDISON)(COMPLETE IN PLACE) St6.000.p0 A6oW.o0 , . nagoo.9v 51NOOm sla s9o.oo 22 1 EA RELOCATE SIGNS 5150.00 al6an.ao 31x0.00 a>o0.o0 nooW it.wo.ao 23 1 LS TRAFFIC CONTROL 510.000.00 sm.ooo.09 a1s5p.W~ 5e.xs°.o0 sa]oo.oo ia,>oo.oo TRAFFIC SIGNING, STRIPING AND PAVEMENT ' 24 1 LS MARKINGS PER PLAN. COMPLETE IN PLACE 51.000.00 31 <oo 00 sttvo o° ~ 91J°o.ou 9L000.00 a9oo6o Subt°iPl al6a 1]p °0 St]a,°98 W ' 3166,11an° WILSON AVENUE MEDIAN MODIFICATION CEM A S E ~ Sv a00 0o 25 1 LS R OVALS AND MOB IZATONAND GRAOINGI 522.000.00 ~ Eax.o0o.00 . . 3v.000.00 S>.x00.00 s.xoo.o9 26 B6 TONS G PH PAVEMENT 5)5.00 s+95o.9o auo.oo~ ~ a9,xao.vo fut.ao al.aab.09 CONSTRUCT /'CRUSHED AGGREGATE BASE. 2T 59 TON5 CLASS II E20.W 311e°.°0 165.°° a.eas.oo alfi.9o' f<Aea op INSTALL BO.NANITE PAVING BRICK PATTERN (BV BOMANITE) PER MANUFACTURER'S. • SPECIFICATIONS. COLOR BRICK RED. BULLETIN sl°.00i aesxv.vo 3ua0• s9?66ao 28 B52 SF 313: 11~B)INTEGRAL COLOR. MATCH EXIST. 8]001 as?6x.00 CONSTRUCTH•CURB ONLY (TYPE AI-By PER ' 29 T1 CF CITY STD.OWG. NO. 101. $22.00 ss 9ex.00 uo.9v ~ sswxo.oo va.xo' A.eaes0 CONSTRUCT P.C.C. PAVEMENT MATCH 30 2B SF EXISTING. 51500 aaxo.oo six.o0 b>bm bm alea e0 I t N INCLUDING RELOCATING TWO EXISTING I VALVES, REMOVAL OF ONE EXISTING VALVE ~ ~ AND REMOVAL OFALL EXISTING SPRAY HEADS, . sl.eon.oo aLa00.00 wsoo.no Ss.xoo.oo 3t 1 LS PER IRRIGATION PLAN /COMPLETE IN PLACE) EA,000.90' H.aoo.oo ' CARE ULLYR MOVE cXI R ES ANO BOX )HEM TO APPROPRIATE BOX SIZE RANGE FROM 3B'TO Ae'BOX AND PLACE THEM ONTHE ieoB OV ', av.zaa oo ww.m s9.xnooo 32 t1 EA SAFE AREA 5)0000 sv.900.00 TRAFFIC SIGNING, STRIPING AND PAVEMEM ~ 33 f LS MARKINGS PER PLAN COMPLETE IN PLACE 1 ' axsoo o6 #'ss°'00 sa x00 o0' saa0o 00 . 52.500.00 Ex,50a.00 . , . . 34 1 LS TRAFFIC CONTROL g10.OW.W slo oa9.w 'ax-e°°-0° s2s00.°9 sz.aa9.m ueoo.ao Bubtowl Sbn lva.oo S60,as1.W a5+,csl a0 tOTAL aa6a.O69.0° IiaAMxA aY6a.a6R.eO ap>3.x>1AO.. 81DSL'MMARV FOR BID OPENING MARCH Ig20p9 1x n P~~ FOOTHILL BI / ETTWAFDA A V SIDEWALKS AND BLOCK WALLS, AND WILSON AVF MF,DIAN MOD AT FIELDS PL Mc eIPf 6RPRIe6R aeon eno P6tII.R5 concafBTn co eo n VBIT IIID fAY6C23D WfIT DYR OBIT veacevnoe mm saovm MlomR wm ~ Axavm mm Sllovm eLEA IN AN U MG(IN~.LU 1 f l5 REMOVALS.ANO MOBILIZATION AND GRADING/ 1].000 OO ~ m.mv.0 0 °]°.¢00.001 me,3m v D sxo.ppa.vp' 3LI.Wp.00 CONSTRUCT S'ASPHALTCONCRETE 2 695 TONS PAVEMENT 5110001 aOJSpro Se9.ov A1.bvp.a v mem u0.b10.0o CONSiRUCT3'A.L PAVEMENT OVER NATIVE 3 BT TONS . WIDTH PER PLAN 5130.001 ae.n0.oa mlx.0o m.SOJ Up SIZ0.00I a6,040Ap CONSTRUCT 6"LRUSHED AGGREGATE BASE, I 6 302 TONS CLASS II 530.00 yq~~ 53100 m.6w oo s4o.a0 slz.oe0.00 CONSTRUCT 0"THICK P.G.C. SIDEWALK, WIDTH 5 6.IDT SF PER PLAN, PPR STD DWG. NO 101 AND fO]. IB 00' ¢38 gBZw 21]s~ Sv.e66.]E i9.5p S35d35.60 CONSTRUCT e"CURB 8 GUTTER (TYPE A2d7 6 Bff LF PER CITY STD.DWG. NO. 100 500.00 n6.zx0.op i Sm00i. s16s9e.oa np.pp 6x6,360.00 FINISHWfTH CAP) PER CITY STD. N0. BD6, INCLUDING REPLACEMENT OF IXISTING ~~ 14N05CAPE, IRRIGATION. INSTALLATIONOF Slxe.aD ms?woo 3166.00 s9bAfi.0p T 593 LF TEMPORARY FENCE DURING CONSTRUCTION 1110.00 M5.x3p.00 CONSTRUCT VARIABLE HEIGHT RETAINING WALL PER CITY STD. DWG. NO. 601 WITH ~ 1 8 TB LF GNCCO FINISHED TO MATCH EXISTING WALL 515.001 f1.125.00i 31.vp.p0 Su3.vp. slvaw.oo ~ 3w.op~ ».1xvo0 CONSTRUCT RETAINING CURB VARIES HEIGHT 0'TO 1.5'WITH STUCCO FINISHED TO MATCH N0 0p1 5 9 DS LF EXISTING WALL Sf5.00' a1 n3s 00 . 3,B00w s35.0o mdzs.00 CONSTRUCT RIVER WASHED GfLANRE IO 290 5E COOBLESTONES PER CITY STD ND 5@ SILM' x.390.00 f1a0p u 90p a0 . . . 11200 ss 6e0.vv . . INSTALL 3"OSTREET LIGHT CONDUIT, >,3fi0[ LF.PULL ROPE ANO PVLL BOXES (COORDINATE ll 1 LS WITH EDISON CO )(LOMPLETE IN PLACE) slz,,wv.po ailo0p.0o ' slsaoo.oo S13,Opp.CO . S2f.000.00 I Szl.o00.pp I2 3 EA RELOCATE9GN5 5250001 ~ ms0 op LW.W 3300.00 a0vv0 WwW 13 1 LS TRAFFIC CONTROL $0,000,00 36.oo0.W 33.]OO.aO 0.x00.00 95.aW.W 35,000.W TRAFFIC SIGNING, STRIPING AND PAVEMEM 14 f L$ M4RKINGG PER PLAN, COMPLETE IN PLACE 5].500.00 y]soo.ao 3°,°0000' 0.000.00 D0.00p.w1 DO.WO.Op 15 20 LF INSTALL CHAIN LINK FENCE IN LIKE AND KIND 540.00 ¢800 o0 31°0.°0 °1000.00 ¢3s.o0i m0v.w $Db1pt>V Sxx9.)63.0p~ 3]x6,]]].00 ~ 52)B.bbb.]s lxfi3.3]B.50 I ETNJANDA AVENUE SIDEWALKS AND BL OCK WALLS I CLEARING ANO GRUBBING (INCLUDES ALL 16 f LS REMOVALS. AND MOBILIZATION AND GRADING) gT,000,00~ m0m,3p sxa.0v0.oo. axe.o0DO0 no.ao0.00~ sl0.oo0.00 CONSTRUCT 3"A. C. PAVEMEM OVER NA THE. I lT 20 TONS WIDTH PER PLAN 513000 ~ 3x,600.00 sxxp.op .u,4oo.po ^ev.opl 316a0.op CONSTRUCT 4•THlLK P.GO. SIDEWALK. WIDTH I IB Z552 SF PER PLAN. PER STD.DWG. NO. 101 AND 103. 56.001 w5.61xw 1x']51 DO]ba.00 ism 0]060.00 U M L N SHEET 2AND STANDARD 102 PER PLAN ~ 19 2 EA , , COMPLETE IN PLACE 51.80000 c3.cro.oo SI.B00.00 0.600.00 0.500.00 D,WO.Oo CONSTRUCT 6'BLOCK WALL (SPLIT FACE FINISH WITHCAP)PER CITY STD. NO. BOq 1 INCLUDING REPLACEMENTOF EXISTING LANDSCAPE. IRRIGATION, INSTALLATIONOF slzs.p01 S];ooo.po 5166.001 8m1z56.00 TO 615 LF TEMPORARY FENCE DURING CONSTRUCTION 11ID.00 EB]JBO.OO SbT]EO.W I INSTALL J' 0 STREET LIGHTGONDUR, 1,3606 LF.PULL ROPE AND PULL BOXES (COORDINATE ~ 1 Su.300 C0~ sn~00.0o sm,OW.001 T0 000m 21 f L$ WITH EDISON)(COMPLETE IN PLACE) f2f.W0.00 01x00.00 . 22 ] EA RELOCATE SIGNS E250.00~ sl.]sp.o0 S100.0o mpo.op mso.o01 a.aso.00 23 1 LS TRAFFIC CONTROL 53.50000/ 1 m,wa pp °1'Iw.o01 s3.lap.pp 33.o0DOp a3.oo0.00 TRAFFIC SIGNING, STRIPING ANO PAVEMENT 1 24 t LS MARKINGS PER PLAN COMPLETE IN PLACE °1'1°°'°0 51.lao.o0 aa.w0.00 n so0 o0 . 53,500.00 usop oo . SubtOtAl ¢ixb OZx.Op SIS6.OxR 0p 5109968.00 31)b.IhfiM WILSON AVENUE MEDIAN MODIFICATION I CLEARING AND GRUBBING (INCLUDES ALL ' ~ 25 1 LS REMOVALS.AND MOBILIZATION ANO GRAOMGI 50.00000' 59.ppo pp 3x0.pW-w 5x0.Dpp.OO S;o0p G0 m.00Dw CON U 0 CON 0 26 BB TONG PAVEMENT 51 ]O.DO Se,590.00 518800 312<OB.op Su0.C0 m.9i000 CONSTRUCT A'CRUSHED AGGREGATE BASE, 2T SB TONS CLAS511 540.00' sxdBOm sax.p0 m<]e.pp s60.00• sx.J60.W INSTALL BOMANITE PAVING BRICK PATTERN (BY BOMANITEJ PER MANUFACTURER'S, I . SPECIFICATIONS. COLOR BRICK RED. BULLETIN 1 , sB.ooi w.am.0o wool Ss.uz.00 28 552 SF 313: n-0TINTEGRAL COLOR MATCH EXIST. SJ0.00 sxsscp.o0 CONSTRUCT 5'CURB ONLY (TYPE Afd') PER 29 2Tf LF CITY STD.OWG NO 100. 51500 N.065.pp i11'0° Dsv oO Up.00~ 0660.00 CONSTRUCT P.C.L. PAVEMENT MATCH 30 2B SF EXISTING. I y¢~~ sxxa a sls.W 3JZ000 sem sxx60p I NCLUDING RELOCATING TWO EXISTING ~ VALVES, REMOVAL OF ONE EXISTING VALVE ' AND REMOVAL OF 4LL EXISTING SPRAY HEADS. 51500.00 s150p.W DapO.W D.WOm 31 1 LS PER IRRIGATION PLAN /COMPLETE IN PLALEI 1],000 00 s? 000.x0 AREFULL AfOV IST AND BOX THEM TO APPROPRIATE BOX GRE RANGE FROM 36"TO OB'BOX AND PLACE THEM ONTHE i 6]60.00 EIO.5C0.00 0]5.00 ss.xs0.oo 32 to EA SAFE AREA SBO0.00 31 Lx0DOp TRAFFIC SIGNING. STRIPING AND PAVEMENT i 33 1 LS MARKINGS PER PLAN. COMPLETE IN PLACE 5].50000' Dswm Sxs0o.0o szs9o 0u D.Wp.pO~ Ds9DO0 34 1 LS TRAFFIC CONTROL 53.50000 0¢pp pp all mp0 SI,IOO.OO H.0p0m s6.v0p.0o Subtutfll mJ 96~1.0p 66:.x05.00 sc6 n96.Co TDTN, x9]5 )J°,00 3<°6,fBe.Po 3499,9]9.)5 K93.DOS.eO~ B1p BUhIMARY FOR BID OPENING MARCH 10,3009 1f fe 1> Pl FOOTHILL BI /ETIWANDA AV SIDEWALKS AND BLOCK WALLS. AND WILSON AVE MEDIAN MOD AT FIELDS PL vfao BAmAB rn~e o~u ZSe [rtc ml f a sa ew6B4BaamB 11 0 p11> OOCNRIOt vslx m COR VIOOIR vm C vslr Em cDEUU:rrsD . DR pyOVT! ODR .W'f AYDVIIi CLEA INCA U IN (N LUDES LL 1 f LS REMOVALB AND MOBILIZATION AND GRADIN ap.om.op Elp 000 o u an gpp op . G E25.000.OO axs.oo0 o . . p . . i Engop.pa CONSTRUCTS"ASPHALTCONCftETE 2 ]95 TONS PAVEMENT S1fi00~ Ns •1§W fliaa Sxv,ax5.0 0 w9.pp~ m>.xss.Dp CONSTRUCT ]'A.C. PAVEMENT OVER NATIVE. 3 6) TONS WIDTH PER PLAN 511500 R>ps.b o n2sm. aea>s.o9 wg.m s..ax3.m CONSTRUCT B' CRUSHED AGGREGATE BASE, ]02 TONS CLASS II d35.00i SIO.Rp.0 0 mx~0° f6'~'0° mTOp~ s>.xae o0 CONSTRUCT I' THICK P.C.L. SIDEWALK, WIDTH 5 6 OBT SF PER PLAN PER STD DWG N0 f0f AND 10] 'H"w ~ Sxq,aaw ari ax1 15+ gs , , . . . . §5.SO as.T39_w l . . CONSTRUCT 8' CURB B GUTTER (NPE A22~ I fi BH LF PER CITY STD DWG N0 104 Exs.api Exa,x16.o0 ex5.ep' I mpAx3 ap . . . . S38.OO aoA19 o° . i FINISHWITH CAPPER CITY STD. N0. 606, i i INCLUDING REPLACEMEM OF EXISTING am p°! ~ LANDSCAPE IRRIGATION. INSTALLATION OF . au.on.pD asv °°~ ma.xa>oD > 59] LF TEMPoRARV FENCEOURING CONSTRUCTION SBT.00~ m.ml.op CONSTRUCT VARIABLE HEIGHT RETAINING WALL PER CITYSiO.OWG. N0 604 WITH e >e LF . STUCCO FINISHED TO MATCMEXISTM W t125m~ m,>w.op SIg2.0o SIa,Ra.W G ALL §t00.00. S>.eop.oo CONSTRUCT RETAINING CURB VARIES HEIGHT 0'TO 1.5'WlTH STUCCO FINISHED TO MATCH Rs pE m 9 96 LF EXISTING WALL . ,txs 9o Sn.oo sx.ws.pp . Sfi5.00 w.vbw ~ CONSTRUCT RIVER WASHED GRANITE ID 290 SF LOOBLE$TONES PER CITY STD N0 54 asm~ no.lw.Dp mb.wi m et• op . . 2. .525.00 a.zw.po . . INSTALL 3' O STREET LIGHT CONDUIT, ),3BOa LF.PULL ROPE AND PVLL BOXES (COORDINATE as.axD.Dp Sls azo oo aLlpo oo II 1 LS WITH EOISONCO.)(COMPLETE IN PLACEI 528.000.00 aze.aopm . . . sm.lop.oD 12 3 EA RELOCATE SIGNS f200.00~ wC9.p0 Em3 w, fs>].w S1aas FOLxS 13 1 LS TRAFFIC CONTROL d2.00000 mppp oa 94669.po wba•.W a+.ms.opi ~ NAgs Oo TRAFFIC SIGNING, STRIPING AND PAVEMENT 14 1 LS MARKINGS PER PLAN. COMPLETE IN PLACE S10,000.OO 510.000.00 31,Ixsm H.Ix5.D0 a.e3a.gol j a.aa4.W 15 TO LF INSTALL CHAINUNK FENCE IN LIKE AND IfIND 5115.00' mdpO.oC suE.°°' R.eW.pp aopm. ix.opD.pp BubtnUl sx>p.96>w ~3.1••.m Y35x.ee>.g0 ETIWANDA AVENUE SIDEWALKS AND BLOCK WALLS i ' CLEARING AND GRUBBING (INCLUDES ALL ifi 1 LB REMOVALS.AND MOBILIZATION AND GRADING 515, OOO.OOi Sa.pop.ap sxsoo.op szsoo.oo w,ow,op w.p9p.po CONSTRUCT J'A.C. PAVEMENT OVER NATIVE i 1> 20 TONS WIDTH PER PLAN 5120001 ERAw.pp m25.ao Nspp.op axq.CO a.ap.00 CONSTRUCT 4'THICK P.C.C. SIDEWALK, WIDTH l 1B Z552 SF PER PLAN. PER STD. DWG. N0. 10] AND 103. i 55.50 >o~ ab.Cp s9.sp a1.ga•ov a.xp~ sx•,laa.9p CO RU MPP AIL N SHEET2AND STANDARD IO; PER PLAN 19 2 EA , COMPLETE IN PLACE Sl,gsp.pp, a,gW.W 31 •DOm dx.aW.W 52,BD000 B3 app op CONSTRUCT 6'BLOCK WALL (SPUi FACE I FINISHWITH CAPE PER CITY STp. NO. 606, INCLUDING REPLACEMENT OF EXISTING slm.po~ sub •a9 o0 slasao LANDSCAPE, IRRIGATION, INSTALLATION OF i , . smazo.po 20 616 LF TEMPORARY FENCE DURING CONSTRUCTION SBT.00 Ea.Sgx.oO INSTALL ]'05iREETLIGHT CONDUIT, 1,]@Ox j L.FPULL ROPE AND PULL BOXES (COORDINATE asaw.pp uspsO.Op 521.Ipa m~ m Ipp pO 21 1 LS WITH EOISONI !COMPLETE IN P(ACEI 528.000.00 ma ppD.m , . 1 22 T E4 RELOCATE SIGNS 520000 EL•pp.Op froxs° au9>.w Sa3aE Ev34.x5 23 f LS TRAFFIC CONTROL Sf.WO.00 al.abp.gp w.aw.ppi m.aa.ao El.opp.op~ s1,oo0.a0 TRAFFIC SIGNING. STRIPING AND PAVEMENT 24 1 LS MARKINGS PER PLAN, COMPLETE IN PLACE 53.SOO.OOi a.5po.0D Stmx.wi sy625p pfp.~mm~ ~ 116p,Vp.Op $Ilb[otHl sl5x.pxe.p0 SI85,9Ex.C0 EY93u]S AEBS,I I].fi5 WILSON AVENUE MEDIAN MODIFICATION CLEARING AND GRUBBING (INCLUDES ALL 25 f LS REMOVALS. AND MOBILIZATION AND GRAOINGI 510000.00 stDOpp ao w'0°°A°I 'a6'°°°'°° w.nDap ~ w.zm.oo N RU <' H CO _I 2fi 66 TONS PAVEMENT 5115.00 s>.mp.po 91>s.CO ELSw oO Ae.oo ssJaB00 CONSTRUCT O'CRUSHEO AGGREGATE BABE 2> SB TONS CLASS II 835.00 Exws.p0 a°'pDi SLx99.W ab.po~ ~ Sx,tx9.pp INSTALL BOMANITE PAVING BRICK PATTERN i (BY BOMANITE) PER MANUFACNRER'S. SPECIFICATIONS. COLOR BRICK RED. BULLETIN ao.w. ae9b.po mp.xp' w,a9a.w 2B 852 SF 3f3'11d]INTEGRAL COLOR. MATCH EXIST 512.00 91o xx•.eo CONSTRUCT B' CURB ONLY (TYPE A1-B J PER 29 2T1 LF CItY STD.DWG. NO 100 E]B.00 EIO.wv oD a11.p0 N,9>9.00 5x9.°° m.em.pa CONSTRUCT P.G.C. PAVEMENT. MATCH 30 2B SF EXISTING, §1200 a3b.M u.op mR~Op 19.e01 Sxa.xO INCLUDING RELOCATING TWO EXISTNG VALVES, REMOVAL OF ONE EXISTING VALVE AND REMOVAL OF ALL EXISTING SPRAY HEADS. a.ppp.00 a,op0.00 EIp,o0o.p0 81o.ppo.pp ~ 31 1 LS PER IRRIGATION PLAN (COMPLETE IN PLACE) 530.000.001 aDOOa.ap ! ~ AREFULLY REMOV XIS REES AND % THEM TO APPROPRIATE BOX SIZE RANGE FROM 36'TO 40'BOX AND PLACE THEM ON THE ~o~°o mAw.W m.1pa.°° wixo0.0o 32 f4 EA SAFE AREA 31.000.00 11•.W0.00 TRAFFIC SIGNING. STRIPING AND PAVEMENT 33 1 LS MARKINGS PER PLAN, COMPLETE IN PLACE 53.00000 E3FOa.DD x'190.00 a.IWw a.v>.99. aanm 39 1 LS TRAFFIC CONTROL 52000.00 52.000.00 Ea,aaa.ppi w.aba.pp a,ooo,pol a.00o.00 SYbID IHI $tl9.>86,pp aG,990.00 ' 1113,95].59 TVTAL x132'1>9.m LElD.95a.03 D~fi 1Bt11 aeSt,9AL 14 0IO SHMMA0.Y FOR BIO OPENING MARCH 10. 3009 ff 13 RP Y I FOOTHILL HI/ETIWANDA AV SH)EWALKS AND BLOCK WALLS AND WILSON AVE MEDIAN MOD AT FIELDS PL DlL WI>)Cm.GR asaeR.St cos3oLlaAreo muTSS¢taB . eHTERPWBFb coRarRacrorta c0lmucnna tmT Sm ® [03330550 very v35r P5x3vnw war Anomrt mar u0mrr .NG AND GRUBBIN (INLLUO 1 1 LS REMO/ACS, AND MOBILIZATION AND GRADING( 550.000.00 sso.00o.0o fts.ooom 315.oo0.W sn,am.oo~ ss],wo.0o CONSTRULTSASPHSL'CONCRETE ~ 2 JBS TONS PAVEMEM sszni ttoJeg.00 SxB Jn n ssx oo ~ nx E90 00 592.00 sse.aw.00 . . . i , . CONSTRUCT 3'A. C. PAVEMENT OVER NATIVE 3 B) TONS WIDTH PER PLAN n6.50 93,tx5.00~ 53 1x5 50 sl5a 0o SI- 30 00 E92.M 35,16a.oa , . A . CONSTRUCT 6"LRUSHED AGGREGA TE BASE, a 302 TONS CLA5511 528.001 sseu.oo ttT.19 ss.xu.0o Se,ul.2e ~ I n5m ao,en.0o CONSTRUCT d•THICK P.C.C. SIDEWALK, WIDTH 5 6.4W SF PER PLAN. PEF STD. DWG. NO 101 AND 103. Ed,00 tts9ea.00 fa.eel nlpos.0o 3]300539 55591 ttx.J59s0 CONSTRUCT B'CURB B GUTTER (TYPEA2-0J 6 811 LF PER CITY STD.OWG. N0. 100. f25.00~ nog>s.oo tt0.J3 916,328.001 n6,filB.xs 539 oa SIS,a0909 FINISHVOTH CAPE PER CITY STD. NO. 808, INCLUDING REPLACEMENTOF XSISTING 515LSO~Sg0 0 v 0a1 n0 V , LANDSCAPE IRRIGATION, INSTALLATION OF . . .9 b u3e oO f>9.bx.00 T SB3 LF TEMPORARY FENCE DURING CONSTRUCTION 5125.00 ne.3RS.00 CONSTRUCT VARIABLE HEIGHT RETAINING WALL PER CRV STp.OWG. NO. fiOd WITH SISS W e )8 LF SNCCO FINISHED TO MATCH EXISTIN WA . Ux.nO.W n90.00, SIa,5x0.00 G LL 5100.00 neoo.oo CONSTRUCT RETAINING CURB VARIES MEIGM O'T01.5 WITH STUCCO FINISHED TO MATCH n9.95 2asw ax eas xs Sv OO 9 85 LF XSISTING WALL. 55000 ss,TS9.oo . . . n,zsso0 CONSTRUCT RIVER WASHED GRANITE ~ ]0 290 5E COOBLESTONES PER CITVSID NO SC ' ssos ttA0e.00 ttASeso us.00 sJ xw 9o . . 2. 535.00 310.!50.00 I . . INSTALL ]'G STREET LIGHT CONDUIT, I,3BOi ' ~ i I LF.PULL ROPE AND PULL BOXE$(COOROINATE I n9.9TS.oo n5A>s.o0 su,xs0.0o' sla zso o0 I1 1 LS WITH EDISON COJ (COMPLETE IN PLACE) $15.000.001 sls.o0o.00 , 12 J EA RELOCATE SIGNS 5]25.001 39>s.00 iLZ0090~ tt,9oo.00 530om sg9o.Bo 13 1 LS TRAFFIC CONTROL E10.00000~ a10.0o000 ss'°5'0°' ~ SS,IJS ao Su,aoo.0o su.00o o9 TRAFFIC SIGNING, STRIPING AND PAVEMENT 16 1 LS MARKINGS PER PL4N, COMPLETE IN PLACE 510.000.001 219099W 3109x500 310.9x5.00 Neoo.o0 H.bo.00 15 20 LF INSTALLCHAIN LINK FENCE IN LIKE AND KIND 550.00 51.000.00 s>a.>5 31,e95.ao fus.o0' tt9oo.o0 9ubtnfGl ne1.0x].W SStd71m Sx50.eas.u I S?DJAes.W ETIWANDA AVENUE SIDEWALKS AND BL OCK WALLS CLEARING AND GRUBBING !INCLUDES ALL ~ 16 1 L$ REMOVALS ANp MOBWZATIONAND GR S15.OPo.30 315,000.00 sa3s0omi suso0.oo , ADMGI E30.000.Op s0o.0o0.00 ' CONSTRUCT ]'A.C. PAVEMENJOVER NATIVE. n5so~ ns80 0o ~ IT 20 TONS WIDTH PER PLAN 5100.00 n,oo0.00 . xss0.00 sa,x00.o0 CONSTRUCT 4'iHICK P.G.C. SIDEWALK, WIDTH ~ Ie J.552 SF PER PLAN. PER STD. DWG. N0. 101 AND t0]. dd.00 ~~ 330.x05.00 Sa.en sss,ese.o0 350.d53.T9 i s0.ao Sxs,6>6.80 U A 5 M SHEET 2 AND STANDARD 102 PER PL4N 19 2 EA , , COMPLETE IN PLACE ' se.90o.00 99ROO.0o 31 rw.0o n.gN.9o . 52.000,00 Sa.W0.90 CONSTRUCT 9' BIOLK WALL (SPLIT FACE FINISHWITH LAPJ PER CITY STD. NO. 606, i ~ ' INCLUDING REPL4CEMENT OF EXISDNG suldoi m3s09 00~ eg s0 l4NDSCAPE.IRRIGATION.INSTALLATION OF . a a.eo 1 slw.0o sss,xw.oo 20 819 LF TEMPORARY FENCE DURING CONSTRUCTION 512500 mwo.oo INSTALL 3' 0 STREET LIGHT GONDUR, t,3fi0i i LF.PVLL ROPE ANO PULL BO%E$(COORDINATE 5n.ns.o0, iV9>5.00 E1aso0.001 slaso0.o0 21 1 LS WITH EOISONI ILOMPLREIN PLACE) 515.000.00 s15.NO.9p 22 ) EA RELOCATE SIGNS 532500 n.ns.o0 nn'Po 55350.W ss0o.ao n.1C0.0o 23 f LS TRAFFIC CONTROL Sg,ppp.pp sfl 0ooro n,evs.BO 5x,3]5.90 Sss0o.o9. sss0o.ao TRAFFIC SIGNING, STRIPING ANO PAVEMENT 24 1 LS MARKINGS PER PLAN. COMPLETE IN PLACE E5,000.00~ 55,000.00 tt.e]s.90i n.3J5.90 34500.001 SLS00.oo 9ubmtel svlaes.0o w[mem ttm.0azss Snc.11ss0 j 1 WILSON AVENUE MEDIAN MODIFICATION ~~ ~ CLEARING AND GRUBBING (INCLUDES ALL 25 1 LS REMOVALS. AND MOBILIZ4TION AND GRADING( 520.000.00 5x0.000.00 ~ t]'SO0.W1 nsa0.oo su 000.001 su,0o0.00 d'A HAL O ~ 2fi 96 TONB PAVEMENT b90.00 s5.9eow ssxse ' n,a]0.w. n.>o.xe ilss.0o. 53930 a0 CONSTRUCTd'CRUSHEDAGGREGATE BASE 2T 59 TGNS CLAS511 E3p.C0 Sl TlOW f2Z19~ sLWaM f1,60a31 55].00 .53,>I].00 INSTALL BOMANITE PAVING BRICK PATTERN (BY BOMANITEf PER MANUFACNRER'S. ' SPECIFICATIONS. COLOR BRICK RED. BULLETIN su.W, W.T95.90 n.]s~ n.90.1.00 28 952 $F 313: 11-0]INTEGRAL COLOR. MATCH EXIST 512.00 st0 zxa.00 CONSTRUCT B'GURB ONLY (TYPEAt-0) PER 29 2J1 LF CITY STD.OWG. N0. 10a. E1B.00 X,fl>g,Po 1x090 Es.h09.00 3$,609>0 L9.00 S5,1s9.00 CONSTRUCT P.C.C. PAVEMENT. MATCH 30 2B SF EXISTING. 550.00 nao0.o0 n'g51 ~ n09.9o ne a, ssoo.0o INCLUDING RELOCATING TWO EXISTING i 1 VALVES, REMOVAL OFONE EXISTING VALVE ~ AND REMOVAL OF ALL EXISTING SPRAV HEADS, 58,6x5.001 I 50,6x$.00 n,R0O.00i 51,x09.00 31 1 LS PER IRRIGATION PLAN (COMPLETE IN PLACE) 55.000.001 55.000.00 ~ ~ ' CA LLYR MOVE EXI .TR AN THEM TO APPROPRIATE BOX SIZE RANGE i ~ FROM ]fi'TO <B'BOX AND PLACE THEM ONTHE E1,lnw 314100.00 te0o.90i u3,RW.00 32 1A EA SAFE AREA EBO0,00 fu.R99.00 TRAFFIC SIGNING, STRIPING ANO PAVEMENT 33 1 L$ MARKINGS PER PLCN COMPLETE IN PLACE Sa 50000 50,500 oo ss,.s0.oo~ 35.150 p5 s5.ao9.0O~ tte0oro 3a 1 LS TRAFFIC CONTROL bfi, ppp pp w.oooo0 55.150.99' ss.>SO.aO w.s9o.ro i8.50O.ao Sllbtaf2l n0912.C0 5H.]93.W $a ]95.19 E5],105.Op TOTAL SSi3.e35.O0 lIl?y1W ySM,sOl59 555O.ea5.5O BIU SUMMARY FOR BIp OPENING MARCH 10.3009 n x} v PI' FOOTHILL DI/ETIWA.NDA AV SIDEWALKS AND BLOCK WALLS, AND M'ILSON AVE MEDIAN MOD AT PIELDS PL Bpi sxcw aeRwo me mAC connrrtvcnon wonvwn9 corteraucrvae OTT VrtR OiiC0t10] O61i ® COR vm v6sT ® waarnc .WOR1T Wnf WOQII'x COn! IM! WOO11T IN-AND GRUBBING ryNeLU a AG i 1 LS REMOVALS. ANO MOBILRATION AND GRADWGI Sd5,00000 us.oma o 31 D.ODOW no.DDO.m em.m0.0o ~ flp,Opo_oo CONSTRUCT S'ASPHALT CONCRETE 2 395 TONS PAVEMENT ~~ S]S.eis.O p ilaO.aDl S6S xpD Op SB200 vx.Jga.a o , . CONSTRUCT ]' A.C. PAVEMENT OVER NATIVE. I 3 e ) TONS WIDTH PER PL4N S12]OO EBZa1 o p SIOD.oD, fa.)o0.0 0 szo0.o0 6ti,aoo.DD CONSTRUCT g' CRUSHED AGGREGATE BASE, 4 302 TONS CL4SS 11 E15.00~ S}.SSD.D O f65.00 SID.mD.D O ssD.00 ' 6te.txO.Do CONSTRUCT 4'THICK P.C.G. SIDEWALK WIDTH 5 6 48] $F , PER PLAN PER STD OWG NO 101 AN as0 srsa ngs0 a DO~~ ss . , . . . D 103 Y500 azafis.OD . 2ges.0D COIJ$iRUCT H'CURBBGUTTER (TYPE A2-g~ 6 aff LF PER CITY STD.OWG. N0. 104. ESB.OO s.>me0o n6.00i fu.gm.00 iw.oa' ssx.aao.OD FINISHWITHCAPJ PER CITY STD. N0. g0g, INCLVDING REPLACEMENT OF EXISTING LANDSCAPE, IRRIGATION, INSTALL4TION OF ~ 91>0.00 S10o.61D.W p00.00~ Sul.6tD.D0 I ] 59] LF TEMPORARY FENCE DURING CONSTRVCTION E12Sw s>a.lxs.DD ~ I ' CONSTRUCT VARIABLE HEIGHT RETAINING WALL PER CITY STD.DWG. NO 604 WITH ~ ' ~ 8 ]g LF . STUCCO FINISHED TO MATCH EXISTI 3looro r6oDPo ssao oo sv aoDw NG WALL 5130.00 ito.ua.00 CONSTRUCT FETAINING CURB VARIE$HEIGHT i 0'i0 f.5'WITH$NCLO FINISHED TO MATCH ~ 9 95 LF EXISTING WA Sts oO sl.axs.ao ss0.00 m.6s0.00 LL tg0.00 Y1.6M.D0 ' CONSTRUCT RIVER WASHED GRANITE 10 190 SF COOBLESTONES PER CITY STD N0 502 Y10.oo no'~'Po , ss0a0 S6poo DO , . . S3g.00 iu.D}D.Dp . INSTALL ]' O STREET LIGHT CONDUIT, 1,3fi0x LF.PULL ROPE AND PULL BOXES (COORDINATE s1a.a00.oo at6,a0o.0o 6n,xo0.o0 sz) }DO oo 11 f LS WITH EDISON COJ (COMPLETE IN PLACE) 524.000,00 Ew.D00.00 . . ]2 3 EA RELOCATE SIGNS 8200.00 ss00.o0 ssoo.001 st s00.0D sw0 o0. sgoo oo 13 1 LS TRAFFIC CONTROL 60.000.001 se mow ss.o00.a0: ss.ogD.DO ss.OOD.DO' se.OOa OD TRAFFIC SIGNING, STRIPING ANO PAVEMENT 14 f L$ MARKINGS PER PLAN COMPLETE IN PLACE ' 000.00 ss'~'o0 33 S}D OOD 00 ~ Sxo 0D0 . 54.300.00 sapDO.Op , , . . .oD IB 20 LF INSTALL CHAIN LINK FENCE IN LIKE AND KING 55000 SLDW.DO S1.DD0.00~ SxD,00a.00 5100.D3' Sx,Ow.OD Bubfut6l S]IS.w9 oD ~ S}>t.ISSW si1f69m Uet,x95.oD ETIWANDA AVENUE SIDEWALKS AND BLOCK WALLS ' CLEARING AND GRUBBING(INCLVOESALL I6 1 L$ REMOVALS AND MOBICIZATIONANO GRADING 1 3]o.WO.ap u0.o00.00 ss.ooD.oO ss ooo W . 520.000.00 n0o00.w ' ' CONSTRUCT J'A.C. PAVEMENT OVER NATIVE ~ i 1] 20 TONS WIDTH PER PL4N 0 saso.o0~ St3.3DD.6D 6xOD.D0 ~ Sa N11 W 5240.0 KeoO.DD 1 , . CONSTRUCT O'THICKO.C.C. SIDEWALK, WIDTH 30 ).552 $F PER PLAN. PER STD. DWG. N0. fOf AND 103. 55.00 ~I 33T.T6o.oD bw dxep02W ss.DO f3)pao.0a AM SHEET2ANp STANDARD 102 PER PL4N 19 2 EA , , COMPLETE INPLACE. 52.400.00 xaaD OO .W,o0o,001 56.000.06 s3.ooo OO M,D00 o0 CONSTRUCT g BLOCK WALL (SPLIT FACE ' FINISHWITH CAP) PER CITY STD. N0. w6. I INCLUDING REPLACEMENT OF EXISTING LANDSCAPE. IRRIGATION, INSTALLATION OF avow slw,>xo.00 sxoD.oai uv.x00.00 20 gig LF TEMPORARY FENCE DURING CONSTRUCTION 512500' Sn.D06m INSTALL ]' 05TREET UGHTCONDUIi. 1,360: LF.PULL ROPEAND PULL BOXES (COORDINATE ~ Su.aoo.DD 113 a00 oo 315 0.U 00~ ~ 21 1 L$ WITH EOISONI (COMPLIT IN PLACEI 52400000 5w ooo 00 , . , . Sts.ao0 oo 22 ) EA RELOCATE SIGNS 5200.00 st nOO.oD ss0°°0 ss.soD.oD szoD.oo Sl.aoo.o0 23 1 LS TRAFFIC CONTROL 51.500.00 if.soo.oo SS w0.o0 ss.0o0.D0 at,o0a.o0 31.ODD.oD TRAFFIC SIGNING. STRIPING ANO PAVEMENT 24 i LS MARKINGS PER PLAN, COMPLETE IN PLACf T1.20000 SL}OD.00 ss'~'Po ss,ooo.00 Bubwml Svx aso.oo SIDa,}sx.oo axol,}ao.oo ~ ~ WILSON AVENUE MEDIAN MODIFICATION CLEARING AND GRUBBING (INCLUDES ALL I 25 1 LS REMOVALS. AND MOBILIL4TION AND GRADING) 60.000.00' ss.D00.0o 310.o9D.W S10.WO.00 A.aDD.DD~ s;oo0.00 N 4'A PAL O i 26 66 TONS PAVEMENT E195.(n sm.e)D.oo aus.aD nsg0 o0 aoD.00~ 3]SAOoAD CONSTRUCT4'CRUSHEDAGGREGATE BASE 2] 59 TONS CLA$$II S25.W SLaT.DD Si15W 36]65.00 SICO.DD 55.9W.00 INSTALL BOMANITE PAVING BRICK PATTERN IBY BOMANITEI PER MANUFACTURER'S. ~ ~ ~ SPECIFICATIONS, COLOR BRICH RED BULLETIN SSS.W iz1AaD.oO 31000 sssxD.w 28 652 BF 31]'11d]INTEGRAL COLOR MATCH EXIST 520.00 s2wo oD CONSTRUCT g'CURB ONLY (TYPE Ai-07 PER 29 Z)1 LF CITY $TD.OWG. NO. 104. 55000 suss0.00 s1g00 5a.o63.00 i}D.001 ' u.a}0.00 CONSTRUCT P.C.C. PAVEMENT. MATCH 30 Ig SF EXISTING. 550.w sLao0.00 'TS°~00 SI,aaD.Oa SID ODD - Safio oO I NCLUDING RELOCATING TlVO EXISTING VALVES, REMOVAL OF ONE EXISTING VALVE Sxo DDOm s30 0000o S5 D00 oD~~ AND REMOVAL OF ALL EXISTING SPRAY HEADS. , . . 65,000.00 ' 31 1 L$ PER IRRIGATION PLAN (COMPLETE IN PLACE 52,000 00'~ sx o00 oD I ULL MOV EXl R $ N THEM TO APPROPRIATE BOX SIZE RANGE I ~ FROM 36'TO 4g•BOX AND PLACE THEM ON THE I sa,0o0.00. sze.o0o.0o ss0o.0D' sa,zoO.uD 32 ]d EA SAFE AREA S)BOPo E9,fiC0.00 TRAFFIC SIGNING. STRIPING AND PAVEMENT 33 1 L $ MARKINGS PER PLAN. COMPLETE IN PUKE S],300.00~ 53,300.00 sfi'ooo mi b.Wa.oO ss.00a.00' 55 o00m 36 1 L S TRAFFIC CONTROL f5pp pp SSW.W 6],soo.oo Sl,ioo.np S6,o0p nD ig.PoOW 3Yb Wt91 569.9]S.CO SI IO.w~00 i6}.5}O 60 TpT.3I. i.YS.eM.O] 1366.w>,!a 5545~m SMe.I>e.W STAFF REPORT ENGLNEERING SERVICES DEPARTMENT Date: April 1, 2009 To: Chairman and Redevelopment Agency Members Jack Lam, AICP, Executive Director From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Jerry A. Dyer, Senior Civil Engineer Shelley Hayes, Assistant Engineer %~ P15 RANCHO C,UCAMONGA Subject: RELEASE OF MAINTENANCE GUARANTEE BOND NO. 1000782876 IN THE AMOUNT OF $5,304.00, FOR THE STADIUM OUTFIELD FENCE REPLACEMENT PROJECT. CONTRACT NO. RA 08-003 RECOMMENDATION It is recommended that the Redevelopment Agency authorize the City Clerk to release Maintenance Guarantee Bond No. 1000782876 in the amdunt of $5,304.00, for the Stadium Outfield Fence Replacement Project, Contract No. RA 08-003. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the improvements remain free from defects in materials and workmanship. Contractor: New Legacy Development PO Box 1917 Rancho Cucamonga, CA 91730 Respectfully submitted, a euer Director of Engineering Services/City Engineer MAS/JAD/SH:Is P16 ViCiNITY MAP STADIUM OUTFIELD FENCE REPLACEMENT CITY OF RANCHO CUCAMONGA P17 STAFF REPORT ~ _ ESGIKEERLtiG SERVICES DEPARTDtEtiT RANCHO Date: April 1, 2009 CUCAMONGA To: Chairman and Redevelopment Agency Members Jack Lam, AICP, Executive Director From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Ty Quaintance, Facilities Superintenden1t~ Shelley Hayes, Assistant Engineer y) ~l Subject: ACCEPT THE EPICENTER CROSS-AISLE WATERPROOFING PROJECT, CONTRACT NO. RA 08-016 AS COMPLETE, RETAIN THE FAITHFUL PERFORMANCE BOND AS A GUARANTEE BOND, RELEASE THE LABOR AND MATERIAL BOND AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $146,343.00 RECOMMENDATION It is recommended that the Redevelopment Agency accept the Epicenter Cross-Aisle Waterproofing Project, Contract No. RA 08-016, 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 $118,587.00 six months after the recordation of said notice if no claims have been received and authorize the release of the retention in the amount of $14,634.30, 35 days after acceptance. Also, approve the final contract amount of $146,343.00. BACKGROUND/ANALYSIS The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The Epicenter Cross-Aisle Waterproofing Project scope of work consisted of the preparation and water sealant of the cross aisles and seating areas. Pertinent information of the project is as follows: Budgeted Amount: Account Numbers: Engineer's Estimate: RDA's Approval to Advertise: Publish dates for local paper: ~ Bid Opening: Contract Award Date: Low Bidder: ~ Contract Amount: $150,000.00 2650801-5602 $150,000.00 December 5, 2007 March 11 and 18, 2008 April 15, 2008 May 21, 2008 Slater Waterproofing Inc. $118,587.00 P18 REDEVELOPMENT AGENCY STAFF REPORT Re: Accept Epicenter Cross Aisle Waterproofing April 1, 2009 Page 2 10% Contingency: $11,858.70 Final Contract Amount: $146,343.00 Difference in Contract Amount: $27,756.00 (23.41 %) The net increase in the total cost of the project is a result of one (1) Contract Change Order. The notable changes that were significant to the increase of the Contract provided for the contractor to replace the existing compression seal with a new expansion joint seal and aluminum cover-plate along with caulking of fourteen staircases in the Club Section of the stadium and related work. This work was called out for on the plans; however, the work had to be modified to meet current available materials and codes. Respectfully submitted, .,e'~'~ Mark A. Steuer Director of Engineering Services/City Engineer MAS/TQ/SH:Is Attachment P19 VICINITY MAP CITY OF RANCHO CUCAMONGA P20 RESOLUTION NO. ~/~ O q' d QG A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE EPICENTER CROSS-AISLE WATERPROOFING PROJECT, CONTRACT NO. RA 08-016 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the Epicenter Cross-Aisle Waterproofing Project, Contract No. RA 08-016, has been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, the Redevelopment Agency 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. RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Resister 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name Amount AP - 00279909 3/I 1/2009 ADKINS PEST CONTROL 125.00 AP - 00279914 3/11/2009 AIRGAS WEST 298.97 AP - 00279916 3/11/2009 ALL CITIES TOOLS 1,403.75 AP - 00279916 3/11/2009 ALL CITIES TOOLS 155.47 AP - 00279916 3/11/2009 ALL CITIES TOOLS 73.04 AP - 00279916 3/11/2009 ALL CITIES TOOLS 59.03 AP - 00279922 3/11/2009 AMERICAN LA FRANCE 152.35 AP - 00279939 3/11/2009 BALL, ROBERT 119.94 AP - 00279939 3/11/2009 BALL, ROBERT 12.67 AP - 00279943 3/11/2009 BARREDA, AUGIE 150.00 AP - 00279966 3/11/2009 COMMERCIAL DOOR COMPANY INC 3,994.00 AP - 00279966 3/11/2009 COMMERCIAL DOOR COMPANY INC 1,341.70 AP - 00279984 3/11/2009 DAISY WHEEL RIBBON CO INC 640.04 AP - 00279984 3/I 1/2009 DAISY WHEEL RIBBON CO INC 213.35 AP - 00279986 3/11/2009 DANIELS TIRE SERVICE 87.00 AP - 00280000 3/11/2009 EMPLOYMENT SOLUTIONS 231.00 AP - 00280000 3/11/2009 EMPLOYMENT SOLUTIONS 420.00 AP - 00280015 3/11/2009 GANDOLFO'S NY DELI 145.44 AP - 00280015 3/11/2009 GANDOLFO'S NY DELI 39.66 AP - 00280018 3/11/2009 GLENN'S REFRIGERATION 1,300.00 AP - 00280020 3/11/2009 GRAINGER 145.27 AP - 00280032 3/11/2009 HOME DEPOT CREDIT SERVICES 11.23 AP - 00280032 3/11/2009 HOME DEPOT CREDIT SERVICES 30.56 AP - 00280032 3/11/2009 HOME DEPOT CREDIT SERVICES 10.60 AP - 00280047 3/11/2009 INTERSTATE BATTERIES 91.15 AP - 00280047 3/11/2009 INTERSTATE BATTERIES 1,108.42 AP - 00280048 3/11/2009 INTERSTATE BATTERIES 21.50 AP - 00280048 3/11/2009 INTERSTATE BATTERIES 21.50 AP - 00280048 3/11/2009 INTERSTATE BATTERIES 21.50 AP - 00280048 3/11/2009 INTERSTATE BATTERIES 21.48 AP - 00280048 3/I 1/2009 INTERSTATE BATTERIES 21.50 AP - 00280048 3/11/2009 INTERSTATE BATTERIES 21.50 AP - 00280058 3/11/2009 LAB SAFETY SUPPLY INC 930.05 AP - 00280062 3/11/2009 LIFE ASSIST INC 2,380.32 AP - 00280065 3/11/2009 LN CURTIS AND SONS 339.42 AP - 00280073 3/11/2009 MARLINK AS INC 117.00 AP - 00280083 3/11/2009 MODERN MARKETING INC 177.76 AP - 00280088 3/11/2009 NAPA AUTO PARTS 111.78 AP - 00280088 3/11/2009 NAPA AUTO PARTS 33.39 AP - 00280088 3/11/2009 NAPA AUTO PARTS 124.95 AP - 00280088 3/11/2009 NAPA AUTO PARTS 81.88 AP - 00280090 3/11/2009 NIKKIS FLAG SHOPPE 126.03 AP - 00280090 3/11/2009 NIKKIS FLAG SHOPPE 126.02 AP - 00280090 3/11/2009 NIKKIS FLAG SHOPPE 126.02 AP - 00280090 3/11/2009 NIKKIS FLAG SHOPPE ]26.02 AP - 00280090 3/11/2009 NIKKIS FLAG SHOPPE 126.02 AP - 00280090 3/11/2009 NIKKIS FLAG SHOPPE 126.02 AP - 00280099 3/11/2009 OWEN ELECTRIC INC 819.02 AP - 00280114 3/11/2009 RANCHO CUCAMONGA LIBRARY FOUNDATIOi 200.00 AP - 00280124 3/11/2009 ROBERTS, CHERYL L 58.17 AP - 00280128 3/11/2009 SBRETC 75.00 AP - 00280128 3/11/2009 SBRETC 75.00 AP - 00280129 3/11/2009 SBRETC 75.00 AP - 00280130 3/11/2009 SBRETC 75.00 P21 User: VLOPEZ -Veronica Lopez Page: 1 Current Date: 03/25/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 16:14:2 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name AP - 00280131 3/11/2009 SBRETC AP - 00280140 3/11/2009 SMART AND FINAL AP - 00280142 3!1 ]/2009 SOUTH COAST EMERGENCY VEHICLE SERVICI AP-00280]47 3/11/2009 SOUTHERN CALIFORNIAEDISON AP - 00280147 3/I 1/2009 SOUTHERN CALIFORNIA EDISON AP - 00280158 3/] 1/2009 TAYLOR, LISA AP - 00280164 3/11/2009 TOLL, RICHARD AP - 00280]64 3.11/2009 TOLL, RICHARD AP - 00280166 3/11/2009 ULTIMATE OFFICE AP - 00280175 3/11/2009 VERIZON BUSINESS AP - 00280]82 3/11/2009 VERIZON WIRELESS - LA AP - 00280182 3/11/2009 VERIZON WIRELESS - LA AP - 00280182 3/11/2009 VERIZON WIRELESS - LA AP - 00280183 3/t 1/2009 VERIZON WIRELESS - LA AP - 00280183 3/11/2009 VERIZON WIRELESS - LA AP - 00280183 3/11/2009 VERIZON WIRELESS - LA AP - 00280183 3/11/2009 VERIZON WIRELESS - LA AP - 00280183 3/11/2009 VERIZON WIRELESS - LA AP - 00280183 3/11/2009 VERIZON WIRELESS - LA AP - 00280183 3/11/2009 VERIZON WIRELESS - LA AP - 00280184 3/11/2009 VERIZON WIRELESS - LA AP - 00280186 3/] 1/2009 VERIZON AP - 00280]86 3/] 1/2009 VERIZON AP - 00280]86 3/] 1/2009 VERIZON AP - 00280190 3/11/2009 WALKER, JANET AP - 00280190 3/11/2009 WALKER, JANET AP - 00280193 3/] 1/2009 WAXIE SANITARY SUPPLY AP - 00280193 3/11/2009 WAXIE SANITARY SUPPLY AP - 00280193 3/11/2009 WAXIE SANITARY SUPPLY AP - 00280193 3/11/2009 WAXIE SANITARY SUPPLY AP - 00280]93 3/11/2009 WAXIE SANITARY SUPPLY AP - 00280193 3/11/2009 WAXIE SANITARY SUPPLY AP - 00280193 3/11/2009 WAXIE SANITARY SUPPLY AP - 00280198 3/11/2009 XEROX CORPORATION AP - 00280213 3/18/2009 AIRGAS WEST AP - 00280213 3/18/2009 AIRGAS WEST AP - 00280213 3/18/2009 AIRGAS WEST AP - 00280213 3/18/2009 AIRGAS WEST AP - 00280213 3/18/2009 AIRGAS WEST AP - 00280213 3/18/2009 AIRGAS WEST AP-00280213 3/18/2009 AIRGAS WEST AP - 00280216 3/18/2009 ALL CITIES TOOLS AP - 00280242 3/18/2009 BAUER COMPRESSORS AP - 00280242 3/18/2009 BAUER COMPRESSORS AP - 00280245 3/18/2009 BELL, MIKE AP - 00280264 3/18/2009 CADET UNIFORM SERVICE AP - 00280264 3/18/2009 CADET UNIFORM SERVICE AP - 00280264 3/] 8/2009 CADET UNIFORM SERVICE AP - 00280264 3/18/2009 CADET UNIFORM SERVICE AP - 00280264 3/18/2009 CADET UNIFORM SERVICE AP - 00280264 3/t 8/2009 CADET UNIFORM SERVICE AP - 00280264 3/18/2009 CADET UNIFORM SERVICE AP - 00280270 3/18!2009 CARQUEST AUTO PARTS AP - 00280279 3/18/2009 CHIEF SUPPLY User: VLOPEZ -Veronica Lopez Page: 2 Report:CK_AGEND.A_ REG_PORTRAI T_RC - CK: Agenda Check Register Pomait Layout P22 Amount 75.00 96.81 1,931.33 1,227.64 200.40 43.58 130.00 74.00 60.38 8.00 35.12 37.71 37.71 307.02 39.13 583.72 45.14 91.43 60.86 60.20 109.54 56.85 18.62 35.13 11.50 18.00 139.46 83.88 111.12 251.65 196.09 139.44 167.77 159.00 63.39 69.55 51.07 44.91 382.93 63.39 38.75 79.50 2,040.00 737.70 402.90 277.51 275.32 165.48 203.09 220.91 292.12 188.94 18.83 90.98 Current Date: 03/25/200 Time: 16: ] 4:2 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT p23 Agenda Check Reeister 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name Amount AP - 00280282 3/] 82009 CLF WAREHOUSE 234.72 AP - 00280285 3/18/2009 COMMERCIAL DOOR COMPANY INC 836.84 AP - 00280290 3/18/2009 COPIES & INK PRINTING INC. 52.80 AP - 00280293 3/18/2009 COSTELLO, DENNIS M 109.41 AP - 00280306 3/18/2009 DAGUE, JAMES 45.00 AP - 00280306 3/182009 DAGUE, JAMES 132.05 AP - 00280320 3/18/2009 EIGHTH AVENUE ENTERPRISE LLC 148.70 AP - 00280326 3/18/2009 EMPLOYMENT SOLUTIONS 280.00 AP - 00280337 3/18/2009 FLEET SERVICES INC. 515.70 AP - 00280360 3/18/2009 GREENWOOD'S UNIFORMS 750.22 AP - 00280368 3/18/2009 HOME DEPOT CREDIT SERVICES 103.44 AP - 00280370 3/18/2009 HOYT LUMBER CO., SM 4.45 AP - 00280370 3/18/2009 HOYT LUMBER CO., SM 11.27 AP - 00280370 3/18/2009 HOYT LUMBER CO., SM 2.22 AP - 00280371 3/18/2009 HSBC BUSINESS SOLUTIONS 117.81 AP - 00280382 3/] 8/2009 INTERNATIONAL CODE COUNCIL 34.00 AP - 00280384 3/18/2009 INTERSTATE BATTERIES 857.47 AP - 00280391 3/18/2009 KME FIRE APPARATUS 196.11 AP - 00280391 3/] 8/2009 KME FIRE APPARATUS 34?0 AP - 00280391 3/18/2009 KME FIRE APPARATUS 290.93 AP - 00280391 3/18/2009 KME FIRE APPARATUS 2,163.03 AP - 00280397 3/18/2009 LEWIS, PATRICK 1SS.84 AP - 00280398 3/18/2009 LIEBERT CASSIDY WHITMORE 189.00 AP - 00280398 3/] 8/2009 LIEBERT CASSIDY WHITMORE 81.00 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 401.37 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 10.75 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 9.68 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 88.70 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 1,080.73 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 10.72 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 13.98 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 30.58 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 95.50 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 48.85 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 61.96 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 45.04 AP - 00280407 3!18/2009 LOWES COMPANIES INC. 9.56 AP - 00280408 3/18/2009 LUBRICATION ENGINEERS INC 828.07 AP - 00280412 3/18/2009 MARIPOSA HORTICULTURAL ENT INC 144.89 AP - 00280412 3/18/2009 MARIPOSA HORTICULTURAL ENT INC 34.78 AP - 00280426 3/18/2009 MORGAN, BYRON SS9.32 AP - 00280432 3/18/2009 NATIONAL FIRE PROTECTION ASSOC 150.00 AP - 00280438 3/18/2009 OFFICE DEPOT 49.99 AP - 00280438 3/18/2009 OFFICE DEPOT 96.01 AP - 00280438 3/18/2009 OFFICE DEPOT 153.61 AP - 00280438 3/18/2009 OFFICE DEPOT 45.75 AP - 00280438 3/18/2009 OFFICE DEPOT -5.89 AP - 00280438 3/18/2009 OFFICE DEPOT 64.77 AP - 00280439 3/18/2009 OLSON, BUZZ 324.00 AP - 002804SS 3/18/2009 PROBST, GARY 130.00 AP - 00280456 3/18/2009 QUALITY TRUCK ELECTRIC INC 243.00 AP - 00280462 3/18/2009 RCTOA 160.00 AP - 00280463 3/18/2009 RCTOA 160.00 AP - 00280463 3/18/2009 RCTOA 160.00 User: VLOPEZ -Veronica Lopez Page: 3 Current Date: 03/2S/200 Report:CK_AGENDA_ REG_PORTRAI T_RC - CK: Agenda Check Register Pomait Layout Time: 16:14:2 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Asenda Check Resister 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name Amount AP - 00280470 3/18/2009 SAN BERNARDINO COUNTY FPO 250.00 AP - 00280472 3/18/2009 SAN BERNARDINO CTY FIRE DEPARTMENT 100.00 AP - 00280472 3/18/2009 SAN BERNARDINO CTY FIRE DEPARTMENT 100.00 AP - 00280472 3/18/2009 SAN BERNARDINO CTY FIRE DEPARTMENT 100.00 AP - 00280472 3/18/2009 SAN BERNARDINO CTY FIRE DEPARTMENT 100.00 AP - 00280474 3/18/2009 SBCTOA 100.00 AP - 00280474 3/18/2009 SBCTOA 100.00 AP - 00280474 3/18/2009 SBCTOA 100.00 AP - 00280474 3/18/2009 SBCTOA 100.00 AP - 00280490 3/18/2009 SNAWDER, DOUG 324.00 AP - 00280499 3/18/2009 STAPLETON, JOSHUA 137.50 AP - 00280499 3/18/2009 STAPLETON, JOSHUA 132.84 AP - 00280503 3/18/2009 TECOTZKY, RALPH 130.00 AP - 00280504 3/18/2009 TERMBVIX PROCESSING CENTER 65.00 AP - 00280504 3/18/2009 TERMINIX PROCESSING CENTER 77.00 AP - 00280504 3/18/2009 TERMINIX PROCESSING CENTER 65.00 AP - 00280510 3/] 8/2009 UNDERWRITERS LABORATORIES INC 3,225.00 AP - 00280511 3/18/2009 UNIFIRST UNIFORM SERVICE 58.72 AP - 00280511 3/18/2009 UNIFIRST UNIFORM SERVICE 58.72 AP - 00280525 3/18/2009 VERIZON 36.46 AP - 00280525 3/18/2009 VERIZON 41.83 AP - 00280525 3/18/2009 VERIZON 35.42 AP - 00280525 3/18/2009 VERIZON 159.51 AP - 00280525 3/18/2009 VERIZON 174.42 AP - 00280525 3/18/2009 VERIZON 545.68 AP - 00280525 3/18/2009 VERIZON 469.97 AP - 00280532 3/18/2009 WELLS FARGO BUSINESS CREDIT 3,640.00 Total for Check ID AP: 54,247.99 EP - 00000309 3/18/2009 AHUMADA, ALEXANDER R 1,324.42 EP - 00000310 3/18/2009 ALMAND, LLOYD 708.20 EP - 00000311 3/18/2009 ARTHUR, VERA 179.16 EP - 00000312 3/18/2009 BANTAU, VICTORIA 355.47 EP - 00000313 3/18/2009 BAZAL, SUSAN 1,085.41 EP - 00000314 3/18/2009 BILLINGS, ESTER 240.44 EP - 00000315 3/18/2009 CARNES, KENNETH 675.04 EP - 00000316 3/] 8/2009 CORCORAN, ROBERT 1,294.74 EP - 00000317 3/18/2009 COX, GEORGE 459.32 EP - 00000318 3/18/2009 COX, KARL 708.20 EP - 00000319 3/18/2009 CRANE, RALPH 1,532.30 EP - 00000320 3/18/2009 CROSSLAND, WILBUR 459.32 EP - 00000321 3/18/2009 EAGLESON, MICHAEL 1,713.46 EP - 00000322 3/18/2009 FRITCHEY, JOHN D. 675.04 EP - 00000323 3/18/2009 HEYDE, DONALD 1,294.74 EP - 00000324 3/18/2009 INTERLICCHIA, ROSALYN 682.74 EP - 00000325 3/18/2009 KILMER, STEPHEN 1,713.46 EP-00000326 3/18/2009 LANE,WTLLIAM 1,713.46 EP - 00000327 3/18/2009 LEE, ALLAN 1,124.07 EP - 00000328 3/18/2009 LONGO, JOE 179.16 EP - 00000329 3/18/2009 LUTTRULL, DARRELL 675.04 EP - 00000330 3/18/2009 MACKALL, BENJAMIN 179.16 EP - 00000331 3/18/2009 MAYFIELD, RON 2,022.29 EP - 00000332 3/18/2009 MCKEE, JOHN 2,022.29 EP - 00000333 3/18/2009 MCMILLEN, LINDA 414.04 P24 User: VLOPEZ -Veronica Lopez Page: 4 Current Date: 03/25/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 16:14:2 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Ret?ister 3/]1/2009 through 3/24/2009 Check No. Check Date Vendor Name EP - 00000334 3/18/2009 MCNEIL, KENNETH EP - 00000335 3/18/2009 MICHAEL, L. DENNIS EP - 00000336 3/18/2009 MYSKOW, DENNIS EP - 00000337 3/18/2009 NAUMAN, MICHAEL EP - 00000338 3/18/2009 NEE, RON EP - 00000339 3/18/2009 NELSON, MARY JANE EP - 00000341 3/18/2009 POST, MICHAEL R EP - 00000342 3/18/2009 SALISBURY, THOMAS EP - 00000343 3/18/2009 SMITH, RONALD EP - 00000344 3/]8/2009 SPAGNOLQ, SAM EP - 00000345 3/18/2009 SPAIN, WILLIAM EP - 00000346 3/18/2009 SULLIVAN, JAMES EP - 00000347 3/18/2009 TAYLOR, STEVE EP - 00000348 3/18/2009 TULEY, TERRY EP - 00000349 3/18/2009 VANDERKALLEN, FRANCIS EP - 00000350 3/18/2009 WALKER, KENNETH EP - 00000351 3/18/2009 WOLFS, DUANE EP - 00000352 3/18/2009 YOWELL, TIMOTHY A Amount 1,294.74 1,294.74 675.04 675.04 2,022.29 287.02 1,265.22 1,294.74 675.04 567.18 675.04 749.22 971.11 1,294.74 1,294.74 303.60 1,532.30 2,022.29 Total for Check ID EP: 42,325.06 Total for Entity: 96,573.05 P25 User: VLOPEZ -Veronica Lopez Page: 5 Current Date: 03/25/200 Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:14:2 STAFF REPORT R~ti~cxo Cucanx~tica P[~ PRU'fECT']UN Dis~rx~cr Date: April 1, 2009 To: President and Members of the Board of Directors Jack Lam, AICP, City Managers From: Peter M. Bryan, Fire Chief RANCHO CUCAMONGA Subject: Fire Agencies Insurance Risk Authority (FAIRA) JPA GOVERNING BOARD OF DIRECTORS REPRESENTATIVE RE-ELECTION RECOMMENDATION Approval of the Nomination of Individual FAIRA Member and designating the Rancho Cucamonga Fire Protection District to the Fire Agencies Insurance Risk Authority Board of Directors during the 2009 re-election. BACKGROUND The Fire District purchases all its property and general liability insurance from FAIRA. The District has been a member of FAIRA for the past 20 years. Additionally, the District has been a member of governing Board of Directors for 19 of the 20 years. The District must apply for re-election in 2009 for another four year term. Voting from all the 100 member agencies will elect or re-elect six agencies to the thirteen member Board of Directors. Rather than designate individuals as representatives, it is again recommended that the position of Fire Chief serve as primary and the Finance Officer position serve as alternate Board Members if re-elected. R~cttully submitted, PeterJ~~ Fire Chief P26 CITY OF RANCHO CUCAMONGA pQ7 AEe-tda Check Register 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name Amount AP - 00279905 3/11/2009 A & I REPROGRAPHICS 258.74 AP - 00279905 3/11/2009 A & I REPROGRAPHICS 72.84 AP - 00279906 3/11/2009 ABC LOCKSMITHS 54.14 AP - 00279906 3/11/2009 ABC LOCKSMITHS 388.35 AP - 00279906 3/I 1/2009 ABC LOCKSMITHS 114.22 AP - 00279906 3/I 1/2009 ABC LOCKSMITHS 32.33 AP - 00279906 3/11/2009 ABC LOCKSMITHS 9.70 AP - 00279906 3/11/2009 ABC LOCKSMITHS 424.37 AP - 00279906 3/11/2009 ABC LOCKSMITHS 54.95 AP - 00279907 3/11/2009 ABLETRONICS 123.24 AP - 00279907 3/11/2009 ABLETRONICS 50.81 AP - 00279907 3/11/2009 ABLETRONICS 147.01 AP - 00279907 3/I 1/2009 ABLETRONICS 113.46 AP - 00279908 3/I 1/2009 ACTION AWARDS INC. 3,897.55 AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00279911 3/I 1/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL 25.00 AP - 00279911 3/1(/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL 25.00 AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL 25.00 AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL 25.00 AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL 25.00 AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00279911 3/1(/2009 ADOBE ANIMAL HOSPITAL 25.00 AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL 25.00 AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL 25.00 AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00279911 3/1 ]/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL 25.00 AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL 25.00 AP - 00279911 3/11 /2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 0027991 I 3/11/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL 25.00 AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL 25.00 AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00279911 3/] 1/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00279911 3/I 1/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00279911 3!11/2009 ADOBE ANIMAL HOSPITAL 50.00 User: VLOPEZ -Veronica Lopez Page: I Current Date: 03/25/200 Report:CK_AGENDA_REG _PORTRAI T_RC - CK: Agenda Check Register Pomait Layout Time: 16:04:5 CITY OF RANCHO CUCAMONGA Agenda Check Resister 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name AP - 00279911 3!11/2009 ADOBE ANIMAL HOSPITAL AP - 0027991 ] 3/11/2009 ADOBE ANIMAL HOSPITAL AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL AP - 00279911 3'11.2009 ADOBE ANIMAL HOSPITAL AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL AP - 002799 ] 1 3/11/2009 ADOBE ANIMAL HOSPITAL AP - 00279911 3/11/2009 ADOBE ANIMAL HOSPITAL AP - 00279912 3/11/2009 ADVANCED WEAPONS TECHNOLOGY INC. AP - 00279913 3/11/2009 AGUILERA, ISAIAH AP - 00279914 3/11/2009 AIRGAS WEST AP - 00279915 3/11/2009 ALDRICH & ASSOCIATES INC. AP - 00279916 3/11/2009 ALL CITIES TOOLS AP - 00279917 3/11/2009 ALL CITY MANAGEMENT SERVICES INC. AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL AP - 00279920 3/I 1/2009 ALTA LOMA ANIMAL HOSPITAL AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL AP - 00279920 3/11/2009 ALTA LOMA ANIMAI. HOSPITAL AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL AP - 00279920 3/I 1/2009 ALTA LOMA ANIMAL HOSPITAL AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL AP - 00279920 3/11/2009 ALTA LOMA ANIMAI. HOSPITAL AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL AP - 00279920 3/t 1/2009 ALTA LOMA ANIMAL HOSPITAL AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL AP - 00279920 3/t 1/2009 ALTA LOMA ANIMAL HOSPITAL AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL User: VLOPEZ -Veronica Lopez Page: 2 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Amount P28 50.00 50.00 50.00 50.00 50.00 50.00 25.00 50.00 50.00 25.00 25.00 25.00 50.00 1,608.01 276.00 96.09 700.00 132.25 19,934.39 50.00 25.00 50.00 25.00 50.00 25.00 25.00 50.00 25.00 50.00 50.00 50.00 25.00 50.00 50.00 50.00 25.00 25.00 50.00 25.00 50.00 25.00 50.00 25.00 25.00 25.00 25.00 50.00 50.00 50.00 25.00 25.00 50.00 50.00 50.00 _ Current Date: 03/25/200 Time: 16:04:5 CITY OF RANCHO CUCAMONGA P29 Aeenda Check Resister 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name Amount AP - 00279920 3/1(/2009 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00279920 3/I 1/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00279920 3/I 1/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00279920 3/] 1/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00279920 3/I 1/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00279920 3/1 ]/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00279920 3/t 1/2009 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00279920 3/1(/2009 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00279920 3/I ]/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00279920 3/1 ]/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00279920 3/11/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00279921 3/11/2009 AMERICAN BODY ARMOR & EQUIPMENT INC. 107.75 AP - 0027992] 3/11/2009 AMERICAN BODY ARMOR & EQUIPMENT INC. 100.00 AP - 00279921 3/11/2009 AMERICAN BODY ARMOR & EQUIPMENT P.VC. 1,496.64 AP - 00279923 3/11/2009 AMERICAN ROTARY BROOM CO. INC. 383.52 AP - 00279924 3/] 1/2009 ANSWER WOOD PRODUCTS 21.01 AP - 00279925 3/11/2009 ANTECH DIAGNOSTICS 631.45 AP-00279925 3/]1/2009 ANTECH DIAGNOSTICS 1,174.88 AP - 00279926 3/11/2009 ANTHEM BLUE CROSS OF CALIFORNIA ] 52,476.97 AP - 00279927 3/11/2009 ANTONI, CAROL 120.00 AP - 00279928 3/11/2009 ARAMARK UNIFORM SERVICES 6.70 AP - 00279929 3/11/2009 ARBOR NURSERY PLUS 711.15 User: VLOPEZ -Veronica Lopez Page: 3 Current Date: 03/25/200 Report:CK_AGENDA_REG _PORTRAIT _RC - CK: Agenda Check Register Portrait Layout Time: 16:04:5 CITY OF RANCHO CUCAMONGA P30 Asenda Check Resister 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name Amount AP - 00279930 3.11!2009 ARCHITERRA DESIGN GROUP 86.15 AP - 00279930 3/11/2009 ARCHITERRA DESIGN GROUP 7,245.00 AP - 00279931 3/I 1/2009 ASSI SECURITY 105.00 AP - 00279932 3/11/2009 ASTRUM UTILITY SERVICES 13,250.00 AP - 00279932 3/11/2009 ASTRUM UTILITY SERVICES 18,567.50 AP - 00279932 3/11/2009 ASTRUM UTILITY SERVICES 3,435.00 AP - 00279932 3/11/2009 ASTRUM UTILITY SERVICES 143.50 AP - 00279932 3/11/2009 ASTRUM UTILITY SERVICES 4,095.00 AP - 00279932 3/11/2009 ASTRUM UTILITY SERVICES 10,900.00 AP - 00279933 3/11/2009 AURORA PICTURES INC. 686.40 AP - 00279934 3/11/2009 AUTO SPECIALISTS 95.62 AP - 00279935 3/] 1/2009 B AND K ELECTRIC WHOLESALE 107.64 AP - 00279935 3/11/2009 B AND K ELECTRIC WHOLESALE 18.34 AP - 00279935 3/11/2009 B AND K ELECTRIC WHOLESALE 236.10 AP - 00279935 3/11/2009 B AND K ELECTRIC WHOLESALE 66.46 AP - 00279936 3/11/2009 B.A.H.S. -276.79 AP-00279936 3/11/2009 B.A.H.S. 629.85 AP - 00279936 3/11/2009 B.A.H.S. 1,200.06 AP - 00279936 3/11/2009 B.A.H.S. 7327 AP - 00279936 3/11/2009 B.A.H.S. -329.50 AP - 00279937 3/11/2009 B3 DIGIGRAFX 524.37 AP - 00279937 3/11/2009 B3 DIGIGRAFX 252.14 AP - 00279937 3/11/2009 B3 DIGIGRAFX 998.84 AP - 00279938 3/11/2009 BALDEON, CARLOS 598.50 AP - 00279940 3/I 1/2009 BANC OF AMERICA LEASING 1,124.91 AP - 00279940 3/11/2009 BANC OF AMERICA LEASING 393.54 AP - 00279940 3/11/2009 BANC OF AMERICA LEASING 749.94 AP - 00279941 3/11/2009 BANYAN ELEMENTARY 63.00 AP - 00279942 3/] 1/2009 BARNES AND NOBLE 905.39 AP - 00279942 3/11/2009 BARNES AND NOBLE 1,216.96 AP - 00279942 3/11/2009 BARNES AND NOBLE -2.52 AP - 00279942 3/11/2009 BARNES AND NOBLE 412.62 AP - 00279944 3/11/2009 BEACON PLUMBING 1,660.00 AP - 00279944 3/11/2009 BEACON PLUMBING 480.00 AP - 00279945 3/11/2009 BERLITZ 220.00 AP - 00279946 3/11/2009 BERNARD, JEREMY 228.00 AP - 00279946 3/11/2009 BERNARD, JEREMY 183.50 AP - 00279946 3/11/2009 BERNARD, JEREMY 257.25 AP - 00279946 3/11/2009 BERNARD, JEREMY 256.50 AP - 00279947 3/11/2009 BISHOP COMPANY 704.74 AP - 00279948 3/11/2009 BRADLEY, EB 229.52 AP - 00279949 3/11/2009 BRODART BOOKS 1,350.00 AP - 00279949 3/t 1/2009 BRODART BOOKS 1,350.00 AP - 00279950 3/11/2009 BUBALO CONSTRUCTION CO INC, MIKE 272,250.52 AP - 00279950 3/11/2009 BUBALO CONSTRUCTION CO INC, MIKE 63,000.00 AP - 00279951 3/11/2009 BURKE ENGINEERING CO. 130.09 AP - 00279952 3/11/2009 BUTSKO UTILITY DESIGN INC. 808.00 AP - 00279952 3/11/2009 BUTSKO UTILITY DESIGN INC. 14,452.10 AP - 00279952 3/I 1/2009 BUTSKO UTILITY DESIGN INC. 908.00 AP - 00279953 3/11/2009 CAL PERS LONG TERM CARE 480.96 AP - 00279954 3/11/2009 CALIFORNIA MUNICIPAL UTILITY ASSOC 715.00 AP - 00279955 3/I 1/2009 CALIFORNIA PUBLIC EMPLOYEES 200.00 AP - 00279956 3/11/2009 CALIFORNIA, STATE OF 41.75 AP - 00279957 3/11/2009 CALSENSE 4,453.65 User: VLOPEZ -Veronica Lopez Page: 4 Current Date: 03/25/200 Report:CK_AGENDA_ REG_PORTRAI T_RC - CK: Agenda Check Register Portrait Layout Time: 16:04:5 CITY OF RANCHO CUCAMONGA Aeenda Check Resister 3/I 1/2009 through 3/24/2009 Check No. Check Date Vendor Name AP - 00279957 3/11/2009 CALSENSE AP - 00279958 3/11/2009 CANO, GUADALUPE PATRICIA AP - 00279959 3/11/2009 CAREER TRACK AP - 00279961 3/11/2009 CLABBY, SANDRA AP - 00279962 3/I 1/2009 CLEARWATER GRAPHICS AP - 00279962 3/11/2009 CLEARWATER GRAPHICS AP - 00279962 3/11/2009 CLEARWATER GRAPHICS AP - 00279962 3/11/2009 CLEARWATER GRAPHICS AP - 00279963 3/1 ]/2009 CLERK OF THE BOARD AP - 00279964 3/11/2009 CMTA ANNUAL CONFERENCE AP - 00279964 3/11/2009 CMTA ANNUAL CONFERENCE AP - 00279965 3/11/2009 COCA COLA BOTTLING COMPA NIES AP - 00279967 3/I 1/2009 COMP U ZONE AP - 00279967 3/11/2009 COMP U ZONE AP - 00279968 3/11/2009 CONTINENTAL AMERICAN INS URANCE COMP AP - 00279969 3/11/2009 COOPER, MISTY AP - 00279970 3/11/2009 COPIES & INK PRINTING INC. AP - 00279971 3/11/2009 COPY QUEST INC. AP - 00279971 3/11/2009 COPY QUEST INC. AP - 00279971 3/11/2009 COPY QUEST INC. AP - 00279971 3/1(/2009 COPY QUEST INC. AP - 00279972 3/11/2009 CORBIN, NICOLE AP - 00279973 3/11/2009 COVENANT STAFFING INC. AP - 00279973 3/11/2009 COVENANT STAFFING INC. AP - 00279973 3/11/2009 COVENANT STAFFING INC. AP - 00279973 3/11/2009 COVENANT STAFFING INC. AP - 00279973 3/11/2009 COVENANT STAFFING INC. AP - 00279973 3/11/2009 COVENANT STAFFING INC. AP - 00279973 3/11/2009 COVENANT STAFFING INC. AP - 00279973 3/11/2009 COVENANT STAFFING INC. AP - 00279973 3/11/2009 COVENANT STAFFING INC. AP - 00279974 3/11/2009 CREATIVE DJs AP - 00279975 3/I 1/2009 CRIDLAND, KYLE AP - 00279976 3/11/2009 CRIME SCENE STERI-CLEAN LL C AP - 00279977 3/11/2009 CRUZ, ELVIRA AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT AP - 00279980 3/1(/2009 CUCAMONGA VALLEY WATER DISTRICT AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT AP - 00279980 3/1 ]/2009 CUCAMONGA VALLEY WATER DISTRICT AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT User: VLOPEZ -Veronica Lopez Page: 5 Report:CK_AGENDA_REG _PORTRAI T_RC - CK: Agenda Check Register Pomait Layout P31 Amount 1,745.56 120.00 149.95 1,000.00 23,570.75 420.23 183.18 5,609.20 50.00 305.00 275.00 1,427.17 85.00 85.00 16.39 265.50 176.25 113.67 108.27 115.87 99.58 100.00 444.50 266.70 711.20 13.34 533.40 26.67 6.67 533.40 533.40 250.00 33.00 540.00 37.80 2,413.89 1,243.16 1,113.44 1,047.32 970.08 927.78 916.04 915.55 913.01 887.84 857.28 758.90 755.76 664.11 540.03 490.68 470.94 441.02 411.72 Current Date: 03/25/200 Time: 16:04:5 CITY OF RANCHO CUCAMONGA p32 At=_enda Check Res=ister 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name Amount AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 401.85 AP - 00279980 3/1 ]/2009 CUCAMONGA VALLEY WATER DISTRICT 382.11 AP-00279980 3'11/2009 CUCAMONGAVALLEYWATERDISTRICT 362.06 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 353.60 AP-00279980 3/11/2009 CUCAMONGAVALLEYWATERDISTRICT 336.99 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 315.84 AP - 00279980 3/] 1/2009 CUCAMONGA VALLEY WATER DISTRICT 311.61 AP - 00279980 3/1 ]/2009 CUCAMONGA VALLEY WATER DISTRICT 298.21 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 292.97 AP-00279980 3/]1/2009 CUCAMONGAVALLEYWATERDISTRICT 282.00 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 263.36 AP-00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 243.62 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 223.88 AP - 00279980 3/I 1/2009 CUCAMONGA VALLEY WATER DISTRICT 215.75 AP - 00279980 3/I 1/2009 CUCAMONGA VALLEY WATER DISTRICT 212.91 AP - 00279980 3/I 1/2009 CUCAMONGA VALLEY WATER DISTRICT 198.50 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 198.14 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 197.40 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 187.53 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 157.99 AP - 00279980 3/1(/2009 CUCAMONGA VALLEY WATER DISTRICT 157.61 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 154.79 AP - 00279980 3/I 1/2009 CUCAMONGA VALLEY WATER DISTRICT 138.18 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 130.89 AP -00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 129.41 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 124.34 AP-00279980 3/11/2009 CUCAMONGAVALLEYWATERDISTRICT 12].02 AP - 00279980 3/t 1/2009 CUCAMONGA VALLEY WATER DISTRICT 119.54 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 117.07 AP-00279980 3/11/2009 CUCAMONGAVALLEYWATERDISTRICT 117.03 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 113.90 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 112.43 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 109.31 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 105.44 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 96.98 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 94.16 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 91.34 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 88.16 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 83.06 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 82.52 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 78.65 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 72.65 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 71.78 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 70.19 AP - 00279980 3/I 1/2009 CUCAMONGA VALLEY WATER DISTRICT 67.01 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 61.44 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 61.37 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 59.17 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 58.55 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 57.14 AP - 00279980 3/] ]/2009 CUCAMONGA VALLEY WATER DISTRICT 56.03 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 51.50 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 48.68 AP - 00279980 3/1 U2009 CUCAMONGA VALLEY WATER DISTRICT 45.86 User: VLOPEZ -Veronica Lopez Page: 6 Current Date: 03/25/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: ] 6:04:5 CITY OF RANCHO CUCAMONGA P33 Agenda Check Resister 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name Amount AP - 00279980 3/t 1/2009 CUCAMONGA VALLEY WATER DISTRICT 45.86 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 45.86 AP - 00279980 3/1(/2009 CUCAMONGA VALLEY WATER DISTRICT 41.93 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 36.80 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 34.58 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 33.47 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 32.06 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 30.65 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 26.42 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 25.01 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 23.60 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 22.19 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 22.19 AP - 00279980 3/11/2009 CUCAMONGA VALLEY WATER DISTRICT 18.40 AP - 00279981 3/11/2009 D & D DISPOSAL INC. 400.00 AP - 00279982 3/11/2009 D AND B VISIONS 170.00 AP - 00279982 3/11/2009 D AND B VISIONS 1,200.00 AP - 00279983 3/11/2009 D AND K CONCRETE COMPANY 881.94 AP - 00279983 3/11/2009 D AND K CONCRETE COMPANY 445.55 AP - 00279985 3/11/2009 DALLAS CHILDRENS THEATRE 196.00 AP - 00279987 3/11/2009 DAPPER TIItE CO 1,519.78 AP - 00279988 3/I 1/2009 DAMS, AZIZA 45.65 AP - 00279990 3/11/2009 DELTA DENTAL 40,163.76 AP - 00279992 3/11/2009 DIAMONDBACK DRUGS 127.08 AP - 00279993 3/11/2009 DIVERSIFIED LANDSCAPE MANAGEMENT INC 2,450.00 AP - 00279993 3/11/2009 DIVERSIFIED LANDSCAPE MANAGEMENT INC -245.00 AP - 00279994 3/] 1/2009 DORNING INC, GLENN B 79.45 AP - 00279995 3/11/2009 DUMBELL MAN FITNESS EQUIPMENT, THE 648.79 AP - 00279995 3/11/2009 DUMBELL MAN FITNESS EQUIPMENT, THE 517.76 AP - 00279995 3/11/2009 DUMBELL MAN FITNESS EQUIPMENT, THE 182.11 AP - 00279995 3/11/2009 DUMBELL MAN FITNESS EQUIPMENT, THE 380.86 AP - 00279995 3/11/2009 DUMBELL MAN FITNESS EQUIPMENT, THE 330.94 AP - 00279996 3/11/2009 DUNN EDWARDS CORPORATION 148.88 AP - 00279996 3/11/2009 DUNN EDWARDS CORPORATION 33.37 AP - 00279996 3/11/2009 DUNK EDWARDS CORPORATION 70.99 AP - 00279996 3/11/2009 DUNN EDWARDS CORPORATION 25.06 AP - 00279997 3/11/2009 ELLIS ENTERPRISES 940.00 AP - 00279997 3/11/2009 ELLIS ENTERPRISES 980.00 AP - 00279998 3/11/2009 ELLISON-SCHNEIDER & HARRIS L.L.P. 3,632.60 AP - 00279999 3/11/2009 EMCOR SERVICE 12,655.00 AP - 00280001 3/11/2009 EWING IRRIGATION PRODUCTS 512.32 AP - 00280002 3/11/2009 EXECUTRAIN OF THE INLAND EMPIRE 700.00 AP - 00280003 3/11/2009 FARAH INC, ELIE 400.00 AP - 00280004 3/11/2009 FASTENAL COMPANY 1,010.89 AP - 00280004 3/11/2009 FASTENAL COMPANY 2.46 AP - 00280005 3/11/2009 FAULKNER, JOSHUA 100.00 AP - 00280006 3/11/2009 FEDERAL EXPRESS CORP 19.96 AP - 00280006 3/11/2009 FEDERAL EXPRESS CORP 94.70 AP - 00280006 3/11/2009 FEDERAL EXPRESS CORP 15.31 AP - 00280006 3/11/2009 FEDERAL EXPRESS CORP 20.09 AP - 00280007 3/11/2009 FELICIANO, ANTHONY 30.00 AP - 00280008 3/1 ]/2009 FENCE CRAFT OF UPLAND INC 67.88 AP - 00280008 3/11/2009 FENCE CRAFT OF UPLAND INC 1,698.59 AP - 00280009 3/11/2009 FLAG_ SYSTEMS INC. 727.31 User: VLOPEZ -Veroni ca Lopez Page: 7 Current Date: 03/25/200 Report:CK_AGENDA_R EG_PORTRAIT _RC - CK: Agenda Check Register Pomait Layout Time: 16:04:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name AP - 00280010 3/11/2009 FLAMENCO, MOJACAR AP - 00280011 3/11/2009 FORD OF UPLAND INC AP - 00280011 3/11/2009 FORD OF UPLAND INC AP - 00280011 3/11/2009 FORD OF UPLAND INC AP - 00280012 3/11/2009 FORD PRINTING AND MAILING INC AP - 00280013 3/11/2009 FUKUSHIMA, JUDITH AP - 00280014 3/11/2009 GALE GROUP,THE AP - 00280016 3/11/2009 GEMPLERS INC AP - 00280016 3/11/2009 GEMPLERS INC AP - 00280017 3/I 1/2009 GEOGRAPHICS AP - 00280017 3/11/2009 GEOGRAPHICS AP - 00280017 3/11/2009 GEOGRAPHICS AP - 00280017 3/11/2009 GEOGRAPHICS AP - 00280017 3/11/2009 GEOGRAPHICS AP - 00280017 3/11/2009 GEOGRAPHICS AP - 00280017 3/11/2009 GEOGRAPHICS AP - 00280019 3/11/2009 GONSALVES AND SON,JOE A AP - 00280020 3/11/2009 GRAINGER AP - 00280020 3/11/2009 GRAINGER AP - 00280020 3/I 1/2009 GRAINGER AP - 00280020 3/11/2009 GRAINGER AP - 00280020 3/11/2009 GR4INGER AP - 00280021 3/11/2009 GRANT IH, VINCENT AP - 00280022 3/11/2009 GRAPHICS FACTORY PRINTING INC. AP - 00280023 3/1 ]/2009 GW CRYSTAL AP - 00280024 3/11/2009 HARALAMBOS BEVERAGE COMPANY AP - 00280024 3/11/2009 HARALAMBOS BEVERAGE COMPANY AP-00280025 3/11/2009 HEDIGER,PATRICK AP - 00280027 3/11/2009 HILLIARD JR., DONALD G. AP - 00280027 3/11/2009 HILLLARD JR., DONALD G. AP - 00280028 3/11/2009 HILLS PET NUTRITION SALES INC AP - 00280028 3/1 ]/2009 HILLS PET NUTRITION SALES INC AP - 00280028 3/11/2009 HILLS PET NUTRITION SALES INC AP - 00280028 3/11/2009 HILLS PET NUTRITION SALES INC AP - 00280028 3/11/2009 HILLS PET NUTRITION SALES INC AP - 00280029 3/] 1/2009 HILLSIDE COMMUNITY CHURCH AP - 00280030 3/11/2009 HOGAN, JULIA AP - 00280031 3/11/2009 HOLLIDAY ROCK CO INC AP - 00280031 3/] 1/2009 HOLLIDAY ROCK CO INC AP - 00280031 3/1 ]/2009 HOLLIDAY ROCK CO INC AP - 00280031 3/] 1/2009 HOLLIDAY ROCK CO INC AP - 00280031 3/11/2009 HOLLIDAY ROCK CO TNC AP - 0028003 t 3/1 ] /2009 HOLLIDAY ROCK CO INC AP - 00280031 3/] 1/2009 HOLLIDAY ROCK CO INC AP - 00280031 3/1(/2009 HOLLIDAY ROCK CO INC AP - 00280033 3/1 U2009 HOSE MAN INC AP - 00280033 3/11/2009 HOSE MAN INC AP - 00280034 3/11/2009 HUGHES, RANCE AP - 0028003> 3/11/2009 HUMANE SOCIETY OF SAN BERNARDINO VALI AP - 00280036 3/11/2009 IGNITE DESIGN AND ADVERTISING AP - 00280036 3/11/2009 IGNITE DESIGN AND ADVERTISING AP - 00280036 3/11/2009 IGNITE DESIGN AND ADVERTISING AP - 00280036 3/11/2009 IGNITE DESIGN AND ADVERTISING AP - 00280037 3/11/2009 IMPERIAL SPRINKLER SUPPLY INC User: VLOPEZ-Veronica Lopez Page: 8 Report:CK_AGENDA_REG _PORTRAIT _RC - CK: Agenda Check Register Portrait Layout P34 Amount 1,500.00 31.45 31.45 94.78 1,608.44 2,508.00 30.99 662.10 31.85 2,784.80 340.76 1,214.88 885.00 1,455.70 2,869.63 1,990.43 3,000.00 292.87 71.20 146.43 279.57 419.03 219.00 58.19 114.75 427.50 567.05 192.57 30.00 1,317.00 287.80 30.17 459.30 301.32 207.04 ]5.000.00 24.64 123.37 50.00 1,824.75 50.00 2,432.99 100.00 200.00 611.48 42.96 204.33 32.45 615.00 880.00 880.00 880.00 880.00 168.28 Current Date: 03/25/200 Time: 16:04:5 CITY OF RANCHO CUCAMONGA P35 Agenda Check Resister 3/1 ]/2009 through 3/24/2009 Check No. Check Datc Vendor Name Amount AP - 00280037 3/11/2009 IMPERIAL SPRINKLER SUPPLY INC 50.37 AP - 00280037 3/11/2009 IMPERIAL SPRINKLER SUPPLY INC 176.76 AP - 00280037 3/11/2009 IMPERIAL SPRINKLER SUPPLY INC 580.61 AP - 00280037 3/] 1/2009 IMPERIAL SPRINKLER SUPPLY INC 164.77 AP - 00280039 3/11/2009 INLAND DESERT SECURITY & COMMUNICATIC 474.40 AP - 00280040 3/11/2009 INLAND EMPIRE TOURS AND TRANSPORTATIC 917.00 AP - 00280042 3/I 1/2009 INLAND EMPIRE YOUTH BALLET 1,225.00 AP - 00280043 3/I 1/2009 INLAND FAIR HOUSING AND MEDIATION BOA] 932.83 AP - 00280043 3/11/2009 INLAND FAIR HOUSING AND MEDIATION BOA] 872.03 AP - 00280044 3/11/2009 INLAND VALLEY DAILY BULLETIN 143.26 AP - 00280044 3/11/2009 INLAND VALLEY DAILY BULLETIN 825.00 AP - 00280044 3/11/2009 INLAND VALLEY DAILY BULLETIN 143.26 AP - 00280044 3/11/2009 INLAND VALLEY DAILY BULLETIN 825.00 AP - 00280045 3/11/2009 INLAND VALLEY EMERGENCY PET CLINIC 52.50 AP - 00280046 3/11/2009 INSTITUTE OF BUSINESS PUBLICATIONS LLC 117.00 AP - 00280049 3/11/2009 J D C INC 4,993.00 AP - 00280049 3/11/2009 J D C INC 1,480.00 AP - 00280050 3/] 1/2009 JONES, CHRISTINA HAATAINEN 1,330.14 AP - 00280051 3/11/2009 KC PRINTING & GRAPHICS INC 377.13 AP - 00280054 3/11/2009 KOA CORPORATION 749.00 AP - 00280054 3/11/2009 KOA CORPORATION 750.00 AP - 00280054 3/I 1/2009 KOA CORPORATION 596.20 AP - 00280054 3/11/2009 KOA CORPORATION 750.00 AP - 00280054 3/11/2009 KOA CORPORATION 748.50 AP - 00280055 3/11/2009 KOTZIN AND ASSOCIATES INC, R 4,955.00 AP - 00280056 3/11/2009 KRAFT FOODS GLOBAL INC 2,120.36 AP - 00280059 3/11/2009 LAND FORMS LANDSCAPE CONSTRUCTION IN~ 182.00 AP - 00280059 3/11/2009 LAND FORMS LANDSCAPE CONSTRUCTION IN~ -18.20 AP - 00280060 3/11/2009 LEAL, RUTH 81.00 AP - 00280061 3/11/2009 LEWIS WILLIAMS AGENCY 500.00 AP - 00280063 3/11/2009 LITTLE BEAR PRODUCTIONS 475.00 AP - 00280064 3/11/2009 LIU, JENNY 33.00 AP - 00280066 3/11/2009 LONG BEACH SOCCER REFEREE ASSOC 348.00 AP - 00280067 3/] 1/2009 LOPEZ, ANGEL 250.00 AP - 00280068 3/11/2009 LU'S LIGHTHOUSE INC 3,521.27 AP - 00280069 3/11/2009 MACDONALD, JAMIE 1,170.00 AP - 00280069 3/] 1/2009 MACDONALD, JAMIE 140.25 AP - 00280070 3/11/2009 MAIN STREET SIGNS 113.14 AP - 00280070 3/11/2009 MAIN STREET SIGNS 48.49 AP - 00280070 3/11/2009 MAIN STREET SIGNS 454.71 AP - 00280070 3/11/2009 MAID' STREET SIGNS 587.24 AP - 00280071 3/11/2009 MANELA, ROSIE 16.50 AP - 00280071 3/1 1/2009 MANELA, ROSIE 64.02 AP - 00280074 3/11/2009 MARQUETTE COMMERCIAL FINANCE 4,028.77 AP - 00280075 3/11/2009 MARSHALL PLUMBING 167.00 AP - 00280075 3/11/2009 MARSHALL PLUMBING 164.00 AP -00280075 3/11/2009 MARSHALL PLUMBING -4].00 AP - 00280075 3/11!2009 MARSHALL PLUMBING -121.50 AP - 00280075 3/] 1/2009 MARSHALL PLUMBING -41.75 AP - 00280075 3/t 1/2009 MARSHALL PLUMBING 486.00 AP - 00280076 3.11/2009 MARTINEZ UNION SERVICE 45.00 AP - 00280076 3/I 1/2009 MARTINEZ UNION SERVICE 45.00 AP - 00280076 3/11/2009 MARTINEZ UNION SERVICE 45.00 AP-00280076 3/11/2009 MARTINEZ UNION SERVICE 45.00 User: VLOPEZ -Veronica Lopez Page: 9 Current Date: 03/25/200 Report:CK_AGENDA_REG _PORTRAIT _RC - CK: Agenda Check Register Portrait Layout Time: 16:04:5 CITY OF RANCHO CUCAMONGA P36 Agenda Check Register 3/] 1/2009 through 3/24/2009 Check No. Check Date Vendor Name Amount AP - 00280077 3/11/2009 MATHIS CONSULTING GROUP 5,689.14 AP - 00280078 3/11/2009 MATTHEW BENDER AND CO. INC. 1,075.58 AP - 00280078 3/11/2009 MATTHEW BENDER AND CO. INC. 95.64 AP - 00280079 3/11/2009 MCGARRY, CHERISE 17.05 AP - 00280080 3/11/2009 MERITAGE HOMES OF CALIFORNIA 1,901.26 AP - 00280081 3/11/2009 MIJAC ALARM COMPANY 165.00 AP - 00280082 3.11/2009 MINUTEMAN PRESS 227.76 AP - 00280084 3/11/2009 MOUNTAIN MOTOR SPORTS 118.58 AP - 00280084 3/11/2009 MOUNTAIN MOTOR SPORTS 60.06 AP - 00280084 3/11/2009 MOUNTAIN MOTOR SPORTS 805.06 AP - 00280085 3/11/2009 MOUNTAIN VIEW SMALL ENG REPAIR 28.32 AP - 00280085 3/11/2009 MOUNTAIN VIEW SMALL ENG REPAIR 20.38 AP - 00280085 3/11/2009 MOUIv'TAIN VIEW SMALL ENG REPAIR 62.58 AP - 00280085 3/11/2009 MOUNTAIN VIEW SMALL ENG REPAIR 86.15 AP - 00280086 3/11/2009 MWI VETERINARY SUPPLY 842.43 AP - 00280086 3/11/2009 MWI VETERINARY SUPPLY 28.00 AP - 00280086 3/11/2009 MWI VETERINARY SUPPLY 115.51 AP - 00280086 3/11/2009 MWI VETERINARY SUPPLY -2.91 AP - 00280086 3/11/2009 MWI VETERINARY SUPPLY 59.76 AP - 00280086 3/11/2009 MWI VETERINARY SUPPLY 409.64 AP - 00280086 3/11/2009 MWI VETERINARY SUPPLY 1,380.66 AP - 00280086 3/11/2009 MWI VETERINARY SUPPLY 242.68 AP-00280086 3/11/2009 MWI VETERINARY SUPPLY 520.56 AP - 00280086 3/11/2009 MWI VETERINARY SUPPLY 427.55 AP - 00280087 3/11/2009 MYERS AND SONS HI WAY SAFETY INC. ],389.98 AP - 00280089 3/11/2009 NASH, JESSICA 925.25 AP - 00280091 3/11/2009 NWOSU, LORETHA 28.60 AP - 00280093 3/11/2009 OFFICE DEPOT 2.48 AP - 00280093 3/11/2009 OFFICE DEPOT 7.77 AP - 00280093 3/11/2009 OFFICE DEPOT 224.62 AP - 00280093 3/1(/2009 OFFICE DEPOT 143.39 AP - 00280093 3/11/2009 OFFICE DEPOT 52.91 AP - 00280093 3/11/2009 OFFICE DEPOT 598.49 AP - 00280093 3/11/2009 OFFICE DEPOT 81.1 I AP - 00280093 3/11/2009 OFFICE DEPOT -5.86 AP - 00280093 3/11/2009 OFFICE DEPOT 38.25 AP - 00280093 3/11/2009 OFFICE DEPOT 12.46 AP - 00280093 3/11/2009 OFFICE DEPOT 124.86 AP - 00280093 3/11/2009 OFFICE DEPOT 38.36 AP - 00280093 3/11/2009 OFFICE DEPOT 6.08 AP - 00280093 3/11/2009 OFFICE DEPOT 345.57 AP - 00280093 3/11/2009 OFFICE DEPOT 84.34 AP - 00280093 3/11/2009 OFFICE DEPOT 7.67 AP - 00280093 3/I 1/2009 OFFICE DEPOT 103.46 AP - 00280093 3/11/2009 OFFICE DEPOT 112.31 AP - 00280093 3/1 ]/2009 OFFICE DEPOT 48.49 AP - 00280093 3/11/2009 OFFICE DEPOT 19.24 AP - 00280093 3/11/2009 OFFICE DEPOT 79.56 AP - 00280093 3/1 ]/2009 OFFICE DEPOT 58.57 AP - 00280093 3/11/2009 OFFICE DEPOT 37.09 AP - 00280093 3/11/2009 OFFICE DEPOT 191.29 AP - 00280093 3/I 1/2009 OFFICE DEPOT 148.26 AP - 00280093 3/11/2009 OFFICE DEPOT 132.49 AP - 00280093 3/11/2009 OFFICE DEPOT 64.55 User: VLOPEZ -Veronica Lopev Page: ] 0 Current Date: 03/25/200 Report:CK_AGENDA_ REG_PORTRAIT _RC - CK: Agenda Check Register Pomait Layout Time: 16:04:5 CITY OF RANCHO CUCAMONGA P37 Agenda Check Resister 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name Amount AP - 00280093 3/11/2009 OFFICE DEPOT 179.80 AP - 00280093 3/11/2009 OFFICE DEPOT 4.12 AP - 00280093 3/11/2009 OFFICE DEPOT 133.53 AP - 00280093 3/11/2009 OFFICE DEPOT 159.72 AP - 00280093 3/I 1/2009 OFFICE DEPOT -33.93 AP - 00280093 3/11/2009 OFFICE DEPOT 763.13 AP - 00280093 3/11/2009 OFFICE DEPOT -109.82 AP - 00280093 3/11/2009 OFFICE DEPOT 41.85 AP - 00280093 3/11/2009 OFFICE DEPOT 35.26 AP - 00280093 3/I 1/2009 OFFICE DEPOT -10.76 AP - 00280093 3/11/2009 OFFICE DEPOT 10.76 AP - 00280093 3/11/2009 OFFICE DEPOT 358.83 AP - 00280093 3/11/2009 OFFICE DEPOT 10.76 AP - 00280093 3/11/2009 OFFICE DEPOT 6.94 AP - 00280093 3/11/2009 OFFICE DEPOT 10.31 AP - 00280093 3/11/2009 OFFICE DEPOT 89.41 AP - 00280093 3/11/2009 OFFICE DEPOT 85.47 AP - 00280093 3/11/2009 OFFICE DEPOT 5.16 AP - 00280093 3/11/2009 OFFICE DEPOT 22.02 AP - 00280093 3/11/2009 OFFICE DEPOT 20.04 AP - 00280093 3/11/2009 OFFICE DEPOT 24.70 AP - 00280093 3/11/2009 OFFICE DEPOT 168.65 AP - 00280093 3/11/2009 OFFICE DEPOT 20.73 AP - 00280093 3/11/2009 OFFICE DEPOT 27.58 AP - 00280093 3/11/2009 OFFICE DEPOT 48.36 AP - 00280093 3/11/2009 OFFICE DEPOT 524.23 AP - 00280093 3/11/2009 OFFICE DEPOT 358.83 AP - 00280093 3/11/2009 OFFICE DEPOT 20.54 AP - 00280093 3/11/2009 OFFICE DEPOT ] 82.85 AP - 00280093 3/11/2009 OFFICE DEPOT 64.33 AP - 00280093 3/11/2009 OFFICE DEPOT 41.85 AP-00280094 3/11/2009 ONTARIOWINNELSONCO 47.81 AP - 00280096 3/11/2009 OREN, BEV 250.00 AP - 00280097 3/11/2009 ORONA, PATRICIA 525.00 AP - 00280097 3/11/2009 ORONA, PATRICIA 350.00 AP - 00280101 3/11/2009 PELLETIER AND ASSOCIATES INC 1,470.00 AP - 00280102 3/11/2009 PENINSULA LIBRARY SYSTEM 75.00 AP - 00280102 3/11/2009 PENINSULA LIBRARY SYSTEM 75.00 AP - 00280102 3/11/2009 PENINSULA LIBRARY SYSTEM 75.00 AP - 00280]03 3/11/2009 PEP BOYS 4.17 AP - 00280104 3/11/2009 PIONEER MANUFACTURING 477.88 AP - 00280104 3/11/2009 PIONEER MANUFACTURING 700.76 AP - 00280104 3/11/2009 PIONEER MANUFACTURING 970.98 AP - 00280105 3/I 1/2009 PMI 1,593.40 AP - 00280106 3/11/2009 POSTER SOLUTIONS 41.00 AP - 00280106 3/11/2009 POSTER SOLUTIONS 41.00 AP - 00280106 3/11/2009 POSTER SOLUTIONS 6.4] AP - 00280106 3/11/2009 POSTER SOLUTIONS 6.40 AP - 00280107 3/11/2009 POUK AND STEINLE INC. 32,983.43 AP - 00280108 3/11/2009 PRE-PAID LEGAL SERVICES INC 11.40 AP - 00280109 3/11/2009 PRO-PLANET INDUSTRIAL SUPPLY 338.96 AP - 00280110 3/11/2009 PUMP MAN 908.00 AP - 00280111 3/11/2009 R AND R AUTOMOTIVE 204.13 AP - 00280111 3/11/2009 R AND R AUTOMOTIVE 248.00 User: VLOPEZ -Veronica Lopez Page: 11 Current Date: 03/25/200 Report:CK_AGENDA_ REG_PORTRAI T_RC - CK: Agenda Check Register Pomait Layout Time: 16:04:5 CITY OF RANCHO CUCAMONGA P38 Agenda Check Register 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name Amount AP - 00280111 3/11/2009 R AND R AUTOMOTIVE 1,645.64 AP - 00280111 3/11/2009 R AND R AUTOMOTIVE 40.00 AP - 00280111 3/11/2009 R AND R AUTOMOTIVE 40.00 AP - 00280111 3/11/2009 R AND R AUTOMOTIVE 576.70 AP - 0028011 I 311/2009 R AND R AUTOMOTIVE 235.02 AP - 00280111 3/11/2009 R AND R AUTOMOTIVE 65.00 AP - 00280111 3/11/2009 R AND R AUTOMOTIVE 41.54 AP - 00280111 3/11/2009 R AND R AUTOMOTIVE 235.02 AP - 00280111 3/11/2009 R AND R AUTOMOTIVE 62.19 AP - 002801 ] ] 3/11/2009 R AND R AUTOMOTIVE 235.02 AP - 00280112 3/11/2009 RADKIDS INC 2,464.00 AP - 00280113 3/11/2009 RANCHO CUCAMONGA CHAMBER OF COMMEI 30.00 AP - 00280113 3/11/2009 RANCHO CUCAMONGA CHAMBER OF COMMEI 30.00 AP - 00280113 3/11/2009 RANCHO CUCAMONGA CHAMBER OF COMMEI 30.00 AP - 00280113 3/11/2009 RANCHO CUCAMONGA CHAMBER OF COMME] 30.00 AP - 00280113 3/11/2009 RANCHO CUCAMONGA CHAMBER OF COMMEI 30.00 AP - 00280113 3/11/2009 RANCHO CUCAMONGA CHAMBER OF COMMEI 30.00 AP - 00280113 3/11/2009 RANCHO CUCAMONGA CHAMBER OF COMMEI 25.00 AP - 00280113 3/11/2009 RANCHO CUCAMONGA CHAMBER OF COMME] 30.00 AP - 00280113 3/11/2009 RANCHO CUCAMONGA CHAMBER OF COMMEI 30.00 AP - 00280113 3/11/2009 RANCHO CUCAMONGA CHAMBER OF COMMEI 30.00 AP - 00280113 3/11/2009 RANCHO CUCAMONGA CHAMBER OF COMMEl 30.00 AP - 00280113 3/11/2009 RANCHO CUCAMONGA CHAMBER OF COMMEI 30.00 AP - 00280113 3/11/2009 RANCHO CUCAMONGA CHAMBER OF COMMEI 30.00 AP - 00280113 3/11/2009 RANCHO CUCAMONGA CHAMBER OF COMME] 30.00 AP - 00280] 13 3/I 1/2009 RANCHO CUCAMONGA CHAMBER OF COMMEI 30.00 AP - 00280115 3/I 1/2009 RANCHO REGIONAL VETERINARY HOSPITAL I 50.00 AP - 00280115 3/11/2009 RANCHO REGIONAL VETERINARY HOSPITAL L 50.00 AP - 00280115 3/11/2009 RANCHO REGIONAL VETERINARY HOSPITAL I 50.00 AP - 002801 IS 3/11/2009 RANCHO REGIONAL VETERINARY HOSPITAL L 50.00 AP - 00280115 3/11/2009 RANCHO REGIONAL VETERINARY HOSPITAL I 50.00 AP - 00280] 15 3/11/2009 RANCHO REGIONAL VETERINARY HOSPITAL I 50.00 AP - 00280115 3/11/2009 RANCHO REGIONAL VETERINARY HOSPITAL I 50.00 AP - 00280115 3/11/2009 RANCHO REGIONAL VETERINARY HOSPITAL I 25.00 AP - 00280115 3/11/2009 RANCHO REGIONAL VETERINARY HOSPITAL I 25.00 AP - 00280115 3/11/2009 RANCHO REGIONAL VETERINARY HOSPITAL I 25.00 AP - 00280115 3/11/2009 RANCHO REGIONAL VETERINARY HOSPITAL I 50.00 AP - 00280115 3/11/2009 RANCHO REGIONAL VETERINARY HOSPITAL I 50.00 AP - 00280115 3/11/2009 RANCHO REGIONAL VETERINARY HOSPITAL I 50.00 AP - 00280115 3/I 1/2009 RANCHO REGIONAL VETERINARY HOSPITAL I 50.00 AP - 00280116 3/11/2009 RANCHO WORKFORCE HOUSING LP 393.61 AP - 00280117 3/11/2009 RANDOM HOUSE INC 152.69 AP - 00280117 3/I 1/2009 RANDOM HOUSE INC 152.69 AP - 00280117 3/11/2009 RANDOM HOUSE INC 52.64 AP - 00280117 3/11/2009 RANDOM HOUSE INC 26.78 AP - 00280117 3/1(/2009 RANDOM HOUSE INC 95.74 AP - 00280117 3/11/2009 RANDOM HOUSE INC ~ 52.64 AP - 00280117 3/11/2009 RANDOM HOUSE INC 95.74 AP - 00280117 3/I 1/2009 RANDOM HOUSE INC 39.71 AP - 00280117 3/11/2009 RANDOM HOUSE INC 44.02 AP - 00280117 3/11/2009 RANDOM HOUSE INC 44.02 AP - 00280118 3/11/2009 RASMUSSEN, MILT 400.00 AP - 00280119 3/11/2009 RCPFA 8,613.59 AP - 00280120 3/11/2009 REDFLEX TRAFFIC SYSTEMS INC 17,910.00 User: VLOPEZ -Veronica Lopez Page: 12 Current Date: 03/25!200 Repor[:CK_AGENDA_REG_PORTRAI T_RC - CK: Agenda Check Register Portrait Layout Time: 16:04:5 CITY OF RANCHO CUCAMONGA P39 Agenda Check Register 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name Amount AP - 00280121 3/11/2009 RICO, MARISSA 500.00 AP - 00280122 3/11/2009 RJM DESIGN GROUP INC 49,419.43 AP - 00280123 3/11/2009 ROADLINE PRODUCTS INC 113.06 AP - 00280126 3/11/2009 RUBIO, RONDA 210.00 AP - 00280126 3/1(/2009 RUBIO, RONDA 210.00 AP - 00280127 3/11/2009 SAN BERNARDINO, COUNTY OF 212.00 AP - 00280127 3/11/2009 SAN BERNARDINO, COUNTY OF 150.00 AP - 00280127 3/1 ]/2009 SAN BERNARDINO, COUNTY OF 150.00 AP - 00280127 3/11/2009 SAN BERNARDINQ, COUNTY OF 212.00 AP - 00280127 3/11/2009 SAN BERNARDINQ COUNTY OF 150.00 AP - 00280132 3/] 1/2009 SCHEITHAUER, KRISTIN 656.25 AP - 00280133 3/11/2009 SCLLN INC 250.00 AP - 00280134 3/11/2009 SCMAF INLAND VALLEYS 125.00 AP - 00280135 3/11/2009 SCMAF INLAND VALLEYS 50.00 AP - 00280136 3/11/2009 SCMAF INLAND VALLEYS 350.00 AP - 00280137 3/11/2009 SERVICE SOLUTIONS GROUP 122.50 AP - 00280138 3/11/2009 SHEAKLEY 120.40 AP - 00280138 3/11/2009 SHEAKLEY 12.60 AP - 00280138 3/11/2009 SHEAKLEY 9.00 AP - 00280138 3/11/2009 SHEAKLEY 12.00 AP - 00280138 3/I 1/2009 SHEAKLEY 43.00 AP - 00280139 3/11/2009 SHRED IT 34.00 AP - 00280139 3/11/2009 SHRED IT 17.00 AP - 00280139 3/11/2009 SHRED IT 17.00 AP - 00280139 3/11/2009 SHRED IT 17.00 AP - 00280141 3/11/2009 SO CALIF GAS COMPANY 574.04 AP - 00280141 3/11/2009 SO CALIF GAS COMPANY 33.88 AP - 00280147 3/11/2009 SOUTHERN CALIFORNIA EDISON 38.20 AP - 00280147 3/11/2009 SOUTHERN CALIFORNIA EDISON 18.80 AP - 00280147 3/11/2009 SOUTHERN CALIFORNIA EDISON 82.53 AP - 00280147 3/11/2009 SOUTHERN CALIFORNIA EDISON 43.08 AP - 00280147 3/11/2009 SOUTHERN CALIFORNIA EDISON 18.12 AP - 00280147 3/11/2009 SOUTHERN CALIFORNIA EDISON 46.43 AP - 00280147 3/11/2009 SOUTHERN CALIFORNIA EDISON 18.07 AP - 00280147 3/11/2009 SOUTHERN CALIFORNIA EDISON 19.60 AP - 00280147 3/11/2009 SOUTHERN CALIFORNIA EDISON 34.61 AP - 00280147 3/11/2009 SOUTHERN CALIFORNIA EDISON 81.11 AP - 00280147 3/11/2009 SOUTHERN CALIFORNIA EDISON 34.61 AP - 00280147 3/11/2009 SOUTHERN CALIFORNIA EDISON 35.17 AP - 00280147 3/11/2009 SOUTHERN CALIFORNIA EDISON 35.32 AP - 00280147 3/] ]/2009 SOUTHERN CALIFORNIA EDISON 36.78 AP - 00280147 3/11/2009 SOUTHERN CALIFORNIA EDISON 96.80 AP - 00280147 3/1 ]/2009 SOUTHERN CALIFORNIA EDISON 73.23 AP - 00280147 3/11/2009 SOUTHERN CALIFORNIA EDISON 18.34 AP - 00280147 3/11/2009 SOUTHERN CALIFORNIA EDISON 160.27 AP - 00280147 3/11/2009 SOUTHERN CALIFORNIA EDISON 35.32 AP - 00280147 3/I 1/2009 SOUTHERN CALIFORNIA EDISON 19.26 AP - 00280147 3/11/2009 SOUTHERN CALIFORNIA EDISON 18.25 AP - 00280147 3/11/2009 SOUTHERN CALIFORNIA EDISON 151.63 AP - 00280147 3/11/2009 SOUTHERN CALIFORNIA EDISON 17.37 AP - 00280147 3/I 1/2009 SOUTHERN CALIFORNIA EDISON 35.75 AP - 00280147 3/I 1/2009 SOUTHERN CALIFORNIA EDISON 9.42 AP - 00280147 3/I 1/2009 SOUTHERN CALIFORNIA EDISON 18.07 AP - 00280147 3/11/2009 SOUTHERN CALIFORNIA EDISON 34.61 User: VLOPEZ -Veronica Lopez Page: 13 Current Date: 03/25/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:04:5 CITY OF RANCHO CUCAMONGA P40 Agenda Check Resister 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name Amount AP - 00280147 3/11/2009 SOUTHERN CALIFORNIA EDISON 60.34 AP - 00280147 3/11/2009 SOUTHERN CALIFORNL4 EDISON 130.13 AP - 00280147 3/11/2009 SOUTHERN CALIFORNIA EDISON 182.36 AP - 00280147 3/11/2009 SOUTHERN CALIFORNIA EDISON 18.80 AP - 00280147 3/11/2009 SOUTHERN CALIFORNIA EDISON 200.]0 AP - 00280147 3/11/2009 SOUTHERN CALIFORNIA EDISON 10.69 AP - 00280147 3/I 1/2009 SOUTHERN CALIFORNIA EDISON 63.94 AP - 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CK: Agenda Check Register Portrait Layout Time: 16:04:5 CITY OF RANCHO CUCAMONGA P44 At=enda Check Register 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name Amount AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 50.41 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 31.69 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 39.73 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 31.69 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 37.73 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 37.71 AP - 00280182 3/I 1/2009 VERIZON WIRELESS - LA 42.70 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 37.71 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 37.98 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 70.89 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 38.75 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 37.71 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 50.41 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 62.70 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 31.75 AP - 00280182 3/11/2009 VERIZON WIRELESS - 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CK: Agenda Check Register Pomait Layout Time: 16:04:5 CITY OF RANCHO CUCAMONGA P45 Agenda Check Register 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name Amount AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 73.70 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 37.71 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 62.70 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 62.70 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 62.70 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 62.70 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 62.70 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 73.88 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 37.71 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 50.43 AP - 00280182 3/I 1/2009 VERIZON WIRELESS - LA 42.70 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 50.41 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA -34.01 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 46.78 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 36.83 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 39.73 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 81.71 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 44.07 AP - 00280182 3/1 ]/2009 VERIZON WIRELESS - LA 39.73 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 44.15 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 38.87 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 37.95 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 47.72 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 40.79 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 39.43 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 37.71 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 39.98 AP - 00280182 3/I 1/2009 VERIZON WIRELESS - LA 41.81 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 40.79 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 71.68 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 45.48 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 57.46 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 41.30 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 42.09 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 53.06 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 40.79 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 41.30 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 44.40 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 43.65 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 40.79 AP - 00280182 3/t 1/2009 VERIZON WIRELESS - LA 41.30 AP - 00280182 3/] 1/2009 VERIZON WIRELESS - LA 40.79 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 41.55 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 284.05 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 31.69 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 31.69 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 39.73 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 41.04 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 38.93 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 34.77 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 37.71 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 48.83 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 46.78 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 48.83 User: VLOPEZ -Veronica Lopez Page: 19 Current Date: 03/25/200 Report:CK_AGENDA_R EG_PORTRAI T_RC - CK: Aee~da Check Register Portrait Layout Time: 16:04:5 CITY OF RANCHO CUCAMONGA P46 Agenda Check Register 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name Amount AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 49.14 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 119.42 AP - 00280]82 3/11/2009 VERIZON WIRELESS - LA 48.08 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 65.85 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 50.10 AP - 00280182 3/11/2009 VERiZON WIItELESS - LA 6.06 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 6.06 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 6.06 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 6.06 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 6.06 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 6.06 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 39.73 AP - 00280182 3/I 1/2009 VERIZON WIRELESS - LA 39.73 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 44.87 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 40.29 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 72.01 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 47.03 AP - 00280182 3!11/2009 VERIZON WIRELESS - LA 40.27 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 38.56 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 34.77 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 34.77 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 31.71 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 37.73 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 34.24 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 48.86 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 40.79 AP - 00280182 3/] 1/2009 VERIZON WIRELESS - LA 46.78 AP - 00280]82 3/11/2009 VERIZON WIRELESS - LA 44.72 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 61.90 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 51.28 AP - 00280182 3/I 1/2009 VERIZON WIRELESS - LA 44.40 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 40.79 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 42.09 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 41.30 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 57.96 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 44.12 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 38.13 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 39.45 AP - 00280182 3/I 1/2009 VERIZON WIRELESS - LA 36.83 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 38.13 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 37.71 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 36.83 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 36.83 AP - 00280182 3/I 1/2009 VERIZON WIRELESS - LA 36.83 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 47.32 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 42.85 AP - 00280182 3/1 ]/2009 VERIZON WIRELESS - LA 36.83 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 37.73 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 36.83 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 36.83 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 44.36 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 37.71 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 37.71 AP - 00280182 3/] 1/2009 VERIZON WIRELESS - LA 37.85 User: VLOPEZ -Veronica Lopez Page: 20 Current Date: 03/25/200 Report:CK_AGENDA _REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 16:04:5 CITY OF RANCHO CUCAMONGA P47 Agenda Check Resister 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name Amount AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 64.00 AP - 00280182 3/t 1/2009 VERIZON WIRELESS - LA 50.41 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 0.07 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 20.08 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 37.71 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 37.71 AP - 00280182 3/11/2009 VERIZON WIRELESS - LA 3822 AP - 00280182 3/I 1/2009 VERIZON WIRELESS - LA 37.71 AP-00280182 3/11/2009 VERIZONWIRELESS-LA ]9.94 AP - 00280182 3/] 1/2009 VERIZON WIRELESS - LA 19.94 AP - 00280186 3/11/2009 VERIZON 1,617.76 AP - 00280186 3/11/2009 VERIZON 18.67 AP - 00280186 3/11/2009 VERIZON 11.51 AP - 00280186 3/11/2009 VERIZON 87.80 AP - 00280186 3/11/2009 VERIZON 18.11 AP - 00280186 3/11/2009 VERIZON 74.84 AP - 00280186 3/11/2009 VERIZON 3,467.28 AP - 00280186 3/11/2009 VERIZON 87.80 AP - 00280186 3/11/2009 VERIZON 397.44 AP - 00280186 3/11/2009 VERIZON 37.02 AP - 00280186 3/11/2009 VERIZON 36.26 AP - 00280186 3/I 1/2009 VERIZON 35.23 AP-00280186 3/11/2009 VERIZON 109.24 AP - 00280186 3/11/2009 VERIZON 87.80 AP - 00280186 3/11/2009 VERIZON 87.80 AP - 00280186 3/11/2009 VERIZON 38.17 AP-00280186 3/11/2009 VERIZON 36.26 AP - 00280186 3/11/2009 VERIZON 127.31 AP - 00280186 3/11/2009 VERIZON 42.06 AP - 00280186 3/11/2009 VERIZON 87.80 AP - 00280186 3/11/2009 VERIZON 87.80 AP-00280186 3/11/2009 VERIZON 87.80 AP - 00280186 3/11/2009 VERIZON 87.80 AP - 00280186 3/11/2009 VERIZON 87.80 AP - 00280186 3/11/2009 VERIZON 87.80 AP-00280186 3/11/2009 VERIZON 37.02 AP-00280186 3/11/2009 VERIZON 35.23 AP - 00280186 3/11/2009 VERIZON 18.11 AP - 00280186 3/11/2009 VERIZON 36.26 AP-00280186 3/11/2009 VERIZON 36.37 AP-00280]86 3/11/2009 VERIZON 36.37 AP - 00280186 3/11/2009 VERIZON 87.80 AP - 00280186 3/11/2009 VERIZON 416.19 AP-00280186 3/11/2009 VERIZON 35.23 AP - 00280186 3/11/2009 VERIZON 76.81 AP - 00280186 3/I ]/2009 VERIZON 87.80 AP - 00280186 3/11/2009 VERIZON 99.05 AP - 00280187 3/11/2009 Verizon 29.87 AP - 00280!88 3/11/2009 VIASI'N INC 3,000.00 AP - 00280189 3/11/2009 VICTORIA ANIMAL HOSPITAL 675.00 AP - 00280191 3/1 U2009 b1'ALTERS WHOLESALE ELECTRIC CO 47.18 AP - 00280191 3/11/2009 WALTERS WHOLESALE ELECTRIC CO 255.83 AP - 00280191 3/11/2009 WALTERS WHOLESALE ELECTRIC CO 48.27 AP - 00280191 3/11/2009 WALTERS WHOLESALE ELECTRIC CO 163.79 User: VLOPEZ -Veronica Lopez Page: 21 Current Date: 03/25/200 Report:CK_AGENDA_ REG_PORTRAI T_RC - CK: Agenda Check Register Portrait Layout Time: 16:04:5 CITY OF RANCHO CUCAMONGA P48 Aeenda Check Resister 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name Amoun[ AP - 00280191 3/11/2009 WALTERS WHOLESALE ELECTRIC CO 307.09 AP - 00280191 3/11/2009 WALTERS WHOLESALE ELECTRIC CO 33.22 AP - 00280192 3/1 ]/2009 WASHINGTON, CAROLYN 50.00 AP - 00280193 3/1 ]/2009 WAXIE SANITARY SUPPLY 92.67 AP - 00280193 3/1 ]/2009 WAXIE SANITARY SUPPLY 372.60 AP - 00280193 3/11/2009 WAXIE SANITARY SUPPLY 86.02 AP - 00280193 3/11/2009 WAXIE SANITARY SUPPLY 1,232.51 AP - 00280193 3/11/2009 WAXIE SANITARY SUPPLY 155.59 AP - 00280193 3/11/2009 WAXIE SANITARY SUPPLY 649.86 AP - 00280194 3/11/2009 WEST END MATERIAL SUPPLY 67.24 AP - 00280194 3/11/2009 WEST END MATERIAL SUPPLY 23.81 AP - 00280194 3/11/2009 WEST END MATERIAL SUPPLY 40.43 AP - 00280194 3/1(/2009 WEST END MATERIAL SUPPLY 2,349.96 AP - 00280195 3/11/2009 WESTCOAST MEDIA 450.25 AP - 00280195 3/11/2009 WESTCOAST MEDL4 450.25 AP - 00280196 3/] 1/2009 WESTERN UNIVERSITY 20.00 AP - 00280196 3/11/2009 WESTERN UNIVERSITY 35.00 AP - 00280196 3/11/2009 WESTERN UNIVERSITY 35.00 AP - 00280196 3/11/2009 WESTERN' UA'IVERSITy 30.00 AP - 00280196 3/11/2009 WESTERN UNIVERSITY 35.00 AP - 00280196 3/11/2009 WESTERN UNIVERSITY 30.00 AP - 00280196 3/11/2009 WESTERN UNIVERSITY 30.00 AP - 00280197 3/11/2009 WSA US GUARDS CO INC 165.23 AP - 00280197 3/11/2009 WSA US GUARDS CO INC 184.30 AP - 00280197 3/11/2009 WSA US GUARDS CO INC 54.02 AP - 00280197 3/1 ]/2009 WSA US GUARDS CO INC 171.59 AP - 00280197 3/11/2009 WSA US GUARDS CO INC 171.59 AP - 00280199 3/11/2009 YOUNG, BARBARA 50.00 AP - 00280200 3/1 I /2009 ZIMMERMAN ELEMENTARY 119.00 AP - 00280201 3/18/2009 A AND A AUTOMOTIVE 381.22 AP - 00280201 3/18/2009 A AND A AUTOMOTIVE 50.00 AP - 00280202 3/18/2009 A'JONTUE, ROSE ANN 1,020.00 AP - 00280203 3/18/2009 A-1 AUTO SERVICE 276.00 AP - 00280204 3/18/2009 AA EQUIPMENT RENTALS CO INC 411.34 AP - 00280205 3/18/2009 ABC LOCKSMITHS 9.70 AP - 00280206 3/18/2009 ACADEMY OF MUSIC 1,378.] 3 AP - 00280207 3/18/2009 ACCOMODATING IDEAS INC. 343.43 AP - 00280208 3/18/2009 ACEY DECY EQUIPMENT INC. 418.22 AP - 00280208 3/18/2009 ACEY DECY EQUIPMENT INC. 88.62 AP - 00280209 3/18/2009 ADOBE ANIMAL HOSPITAL 25.00 AP - 00280209 3/18/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00280209 3/18/2009 ADOBE ANIMAL HOSPITAL 25.00 AP - 00280209 3/18/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00280209 3/18/2009 ADOBE ANIMAL HOSPITAL 100.00 AP - 00280209 3/18/2009 ADOBE ANIMAL HOSPITAL 100.00 AP - 00280209 3/18/2009 ADOBE ANIMAL HOSPITAL 100.00 AP - 00280209 3/18/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00280209 3/18/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00280209 3/18/2009 ADOBE ANIMAL HOSPITAL 25.00 AP - 00280209 3/18/2009 ADOBE ANIMAL HOSPITAL 25.00 AP - 00280209 3/18/2009 ADOBE ANIMAL HOSPITAL 25.00 AP - 00280209 3/18/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00280209 3/18/2009 ADOBE ANIMAL HOSPITAL 100.00 AP - 00280209 3/18/2009 ADOBE ANIMAL HOSPITAL 50.00 User: VLOPEZ -Veronica Lopez Page: 22 Current Date: 03/25/200 Report:CK_AGENDA_ REG PORTRAI T_RC - CK: Agenda Check Register Portrait Layout Time: 16:04:5 CITY OF RANCHO CUCAMONGA P49 Aee-tda Check Re>?ister 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name Amount AP - 00280209 3/] 82009 ADOBE ANIMAL HOSPITAL 25.00 AP - 00280209 3/18/2009 ADOBE ANIMAL HOSPITAL 100.00 AP - 00280209 3/18/2009 ADOBE ANIMAL HOSPITAL 25.00 AP - 00280209 3/18/2009 ADOBE ANIMAL HOSPITAL 25.00 AP - 00280209 3/18/2009 ADOBE ANIMAL HOSPITAL 25.00 AP - 00280209 3/18/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00280209 3/18/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00280210 3/18/2009 ADVANCED ALTERNATOR EXCHANGE 204.73 AP - 00280211 3/18/2009 AGI ACADEMY 535.50 AP - 00280212 3/18/2009 AGUILERA, ISAIAH 240.00 AP - 00280213 3/18/2009 AIRGAS WEST 84.43 AP - 00280214 3/18/2009 AKM CONSULTING ENGINEERING INC 4,008.58 AP - 00280215 3/18/2009 ALL CITIES FENCE COMPANY 11,244.23 AP - 00280217 3/18/2009 ALL WELDING 525.00 AP - 00280218 3/18/2009 ALLSTAR AIR CONDITIONING & HEATING 1,670.92 AP - 00280219 3/18/2009 ALPHAGRAPHICS 325.84 AP - 00280220 3/18/2009 ALUMINUM SEATING CO 74.65 AP - 00280221 3/18/2009 AMERICAN HUMANE ASSOCLATION 119.00 AP - 00280222 3/18/2009 AMERICAN PUBLIC WORKS ASSOCIATION 171.25 AP - 00280223 3/18/2009 AMTECH ELEVATOR SERVICES 241.44 AP - 00280223 3/18/2009 AMTECH ELEVATOR SERVICES 207.68 AP - 00280223 3/18/2009 AMTECH ELEVATOR SERVICES 233.71 AP - 00280224 3/18/2009 ANDRADE, LAINI 52.80 AP - 00280225 3/18/2009 ANIMAL SHELTERING 70.00 AP - 00280226 3/18/2009 ARAMARK UNIFORM SERVICES 6.70 AP - 00280227 3/18/2009 ARCHIBALD PET HOSPITAL 350.00 AP - 00280227 3/18/2009 ARCHIBALD PET HOSPITAL 1,200.00 AP - 00280228 3/18/2009 ARROW TRUCK BODIES AND EQUIPMENT INC 395.00 AP - 00280228 3/18/2009 ARROW TRUCK BODIES AND EQUIPMENT INC 498.22 AP - 00280229 3/18/2009 ARTISTIC COVERINGS 2,148.35 AP - 00280230 3/18/2009 AT&T 61.92 AP - 00280232 3/18/2009 AUSTRALIAN NATNE PLANTS NURSERY 229.79 AP - 00280233 3/18/2009 AUTO BODY 2000 873.00 AP - 00280234 3/18/2009 AUTO SPECIALISTS 53.83 AP - 00280234 3/18/2009 ALTO SPECIALISTS 29.39 AP - 00280235 3/18/2009 AVELAR, WENDY 10,000.00 AP - 00280236 3/18/2009 B AND K ELECTRIC WHOLESALE 130.45 AP - 00280236 3/18/2009 B AND K ELECTRIC WHOLESALE 127.81 AP - 00280236 3/18/2009 B AND K ELECTRIC WHOLESALE 1,815.45 AP - 00280236 3/18/2009 B AND K ELECTRIC WHOLESALE 505.33 AP - 00280237 3/] 8/2009 B.A.H.S. 13.34 AP - 00280237 3/18/2009 B.A.H.S. 2,661.10 AP - 00280237 3/18/2009 B.A.H.S. 151.78 AP - 00280237 3/18/2009 B..4.H.S. -56.60 AP - 00280237 3/18/2009 B.A.H.S. -7.49 AP - 00280237 3!18/2009 B.A.H.S. 64.65 AP - 00280238 3/18/2009 BANC OF AMERICA LEASING 8,948.44 AP - 00280239 3/18/2009 BANC OF AMERICA LEASING 390.82 AP - 00280239 3/18/2009 BANC OF AMERICA LEASING 195.03 AP - 00280240 3/18/2009 BARNES AND NOBLE 53.03 AP - 00280240 3/18/2009 BARNES AND NOBLE 18.39 AP - 00280240 3/18/2009 BARNES AND NOBLE 82.58 AP - 00280241 3/18/2009 BARNES AND NOBLE 223.82 AP - 0028024] 3/18/2009 BARNES AND NOBLE 206.71 User: VLOPEZ -Veronica Lopez Page: 23 Current Date: 03/25/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:04:5 CITY OF RANCHO CUCAMONGA P50 Aeenda Check Ret?ister 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name Amount AP - 00280241 3'18/2009 BARNES AND NOBLE 137.80 AP - 00280243 3/18/2009 BAYER HEALTHCARE LLC 151.11 AP - 00280244 3/18/2009 BEARD PROVENCHER AND ASSOC INC 1,998.00 AP - 00280246 3/18/2009 BELTRAN, OSUALDO 15.00 AP - 00280247 3/18/2009 BETTER ENERGY IDEAS 2,100.00 AP - 00280248 3/18/2009 BISHOP COMPANY 500.00 AP - 00280248 3/18/2009 BISHOP COMPANY 712.31 AP - 00280249 3/18/2009 BLIND, RUSSEL 25.00 AP - 00280250 3/18/2009 BLINDS ETC. 379.28 AP - 00280259 3/18/2009 BRODART BOOKS 10.68 AP - 00280259 3/18/2009 BRODART BOOKS 49.20 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 57.51 AP - 00280259 3/18/2009 BRODART BOOKS 147.41 AP - 00280259 3/18/2009 BRODART BOOKS 66.06 AP - 00280259 3/18/2009 BRODART BOOKS 34.08 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 23.52 AP - 00280259 3/18/2009 BRODART BOOKS 8.52 AP - 00280259 3/18/2009 BRODART BOOKS 235.20 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 8.52 AP - 00280259 3/18/2009 BRODART BOOKS 8.52 AP - 00280259 3/18/2009 BRODART BOOKS 8.51 AP - 00280259 3/18/2009 BRODART BOOKS 8.51 AP - 00280259 3/18/2009 BRODART BOOKS 279.02 AP - 00280259 3/18/2009 BRODART BOOKS 8.52 AP - 00280259 3/18/2009 BRODART BOOKS 8.52 AP - 00280259 3/18/2009 BRODART BOOKS 8.52 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 48.38 AP - 00280259 3/18/2009 BRODART BOOKS 13.98 AP - 00280259 3/18/2009 BRODART BOOKS 58.15 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 19.26 AP - 00280259 3/18/2009 BRODART BOOKS 27.92 AP - 00280259 3/18/2009 BRODART BOOKS 19.21 AP - 00280259 3/18/2009 BRODART BOOKS 15.47 AP - 00280259 3/18/2009 BRODART BOOKS 21.40 AP - 00280259 3/] 8/2009 BRODART BOOKS 8.95 AP - 00280259 3/18/2009 BRODART BOOKS 15.47 AP - 00280259 3/18/2009 BRODART BOOKS 158.17 AP - 00280259 3/18/2009 BRODART BOOKS 432.81 AP - 00280259 3/18/2009 BRODART BOOKS 115.60 AP - 00280259 3/18/2009 BRODART BOOKS 44.63 AP - 00280259 3/18/2009 BRODART BOOKS 1,414.81 AP - 00280259 3/18/2009 BRODART BOOKS 51.34 AP - 00280259 3/18/2009 BRODART BOOKS 6.32 AP - 00280259 3/18/2009 BRODART BOOKS 6.78 AP - 00280259 3/18/2009 BRODART BOOKS 9.65 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/]8/2009 BRODART BOOKS ]2.88 AP - 00280259 3/18/2009 BRODART BOOKS 16.44 Uscr: VLOPEZ -Veronica Lopez Page: 24 Current Date: 03/25/200 Report:CK_AGENDA_ REG_PORTRAIT_RC - CK: Agenda Check Register Poarait Layout Time: 16:045 CITY OF RANCHO CUCAMONGA P51 At=enda Check Resister 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name Amount AP - 00280259 3/18/2009 BRODART BOOKS 22.21 AP - 00280259 3/18/2009 BRODART BOOKS 31.96 AP - 00280259 3/18/2009 BRODART BOOKS 97.79 AP - 00280259 3/18/2009 BRODART BOOKS 15.75 AP - 00280259 3/18/2009 BRODART BOOKS 52.60 AP - 00280259 3/18/2009 BRODART BOOKS 33.09 AP - 00280259 3/18/2009 BRODART BOOKS 16.44 AP - 00280259 3/18/2009 BRODART BOOKS 1,363.20 AP - 00280259 3/18/2009 BRODART BOOKS 25.83 AP - 00280259 3/18/2009 BRODART BOOKS 25.21 AP - 00280259 3/18/2009 BRODART BOOKS 43.62 AP - 00280259 3/18/2009 BRODART BOOKS 37.75 AP - 00280259 3/18/2009 BRODART BOOKS 16.47 AP - 00280259 3/18/2009 BRODART BOOKS 27.10 AP - 00280259 3/18/2009 BRODART BOOKS 33.90 AP - 00280259 3/18/2009 BRODART BOOKS 29.67 AP - 00280259 3/18/2009 BRODART BOOKS 14.56 AP - 00280259 3/18/2009 BRODART BOOKS 9.51 AP - 00280259 3/18/2009 BRODART BOOKS 7.25 AP - 00280259 3/18/2009 BRODART BOOKS 15.12 AP - 00280259 3/18/2009 BRODART BOOKS 24.20 AP - 00280259 3/18/2009 BRODART BOOKS 27.99 AP - 00280259 3/18/2009 BRODART BOOKS 13.98 AP - 00280259 3/18/2009 BRODART BOOKS 40.25 AP - 00280259 3/18/2009 BRODART BOOKS 14.55 AP - 00280259 3/18/2009 BRODART BOOKS 43.13 AP - 00280259 3/18/2009 BRODART BOOKS 46.50 AP - 00280259 3/18/2009 BRODART BOOKS 36.81 AP - 00280259 3/18/2009 BRODART BOOKS 13.98 AP - 00280259 3/18/2009 BRODART BOOKS 10.62 AP - 00280259 3/18/2009 BRODART BOOKS 94.63 AP - 00280259 3/18/2009 BRODART BOOKS 106.22 AP - 00280259 3/18/2009 BRODART BOOKS 24.20 AP - 00280259 3/18/2009 BRODART BOOKS 16.47 AP - 00280259 3/18/2009 BRODART BOOKS 12.78 AP - 00280259 3/18/2009 BRODART BOOKS 17.10 AP - 00280259 3/18/2009 BRODART BOOKS 74.57 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 16.44 AP - 00280259 3/18/2009 BRODART BOOKS 14.50 AP - 00280259 3/18/2009 BRODART BOOKS 29.07 AP - 00280259 3/18/2009 BRODART BOOKS 23.27 AP - 00280259 3/18/2009 BRODART BOOKS 86.14 AP - 00280259 3/18/2009 BRODART BOOKS 29.08 AP - 00280259 3/18/2009 BRODART BOOKS 15.13 AP - 00280259 3/18/2009 BRODART BOOKS 13.98 AP - 00280259 3/18/2009 BRODART BOOKS 88.35 AP - 00280259 3/18/2009 BRODART BOOKS 49.» AP - 00280259 3/18/2009 BRODART BOOKS 267.48 AP - 00280259 3/18/2009 BRODART BOOKS 53.51 AP - 00280259 3/18/2009 BRODART BOOKS 54.15 AP - 00280259 3/18/2009 BRODART BOOKS 42.09 AP - 00280259 3/18/2009 BRODART BOOKS 8.6 ] AP - 00280259 3/18/2009 BRODART BOOKS 14.93 User: VLOPEZ -Veronica Lopez Page: 25 Current Date: 03/25/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 16:04:5 CITY OF RANCHO CUCAMONGA P52 Aeenda Check Re>?ister 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name Amount AP - 002802>9 3/18/2009 BRODART BOOKS 8.52 AP - 00280259 3/18/2009 BRODART BOOKS 26.45 AP - 00280259 3/18/2009 BRODART BOOKS 30.22 AP - 00280259 3/18/2009 BRODART BOOKS 10.07 AP - 00280259 3/18/2009 BRODART BOOKS 13.98 AP - 00280259 3/18/2009 BRODART BOOKS 26.14 AP - 00280259 3/18/2009 BRODART BOOKS 165.19 AP - 00280259 3/18/2009 BRODART BOOKS 24.24 AP - 00280259 3/18/2009 BRODART BOOKS 38.33 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3!18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 8.51 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 10.68 AP - 00280259 3/18/2009 BRODART BOOKS 8.52 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 85.20 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 8.52 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 6.42 AP - 00280259 3/18/2009 BRODART BOOKS 266.18 AP - 00280259 3/18/2009 BRODART BOOKS 17.02 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 12.77 AP - 00280259 3/18/2009 BRODART BOOKS 17.02 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 6.42 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 6.42 AP - 00280259 3/18/2009 BRODART BOOKS ] 2.78 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 8.52 AP - 00280259 3/18/2009 BRODART BOOKS 8.52 AP - 00280259 3/18/2009 BRODART BOOKS 12.77 AP - 00280259 3/18/2009 BRODART BOOKS 10.68 AP - 00280259 3/18/2009 BRODART BOOKS 10.68 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 25.56 AP - 00280259 3/18/2009 BRODART BOOKS 8.52 AP - 00280259 3/18/2009 BRODART BOOKS 6.42 AP - 00280259 3/18/2009 BRODART BOOKS 6.42 AP - 00280259 3/18/2009 BRODART BOOKS ] 2.82 AP - 00280259 3/18/2009 BRODART BOOKS 251.38 User: VLOPEZ -Veronica Lopez Page: 26 Current Date: 03/25/200 Report:CK_AGENDA_ REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: ]6:04:5 CITY OF RANCHO CUCAMONGA P53 Aeenda Check Resister 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name Amount AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/13/2009 BRODART BOOKS 8.52 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 12.78 AP - 00280259 3/18/2009 BRODART BOOKS 10.68 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 14.94 AP - 00280259 3/18/2009 BRODART BOOKS 38.34 AP - 00280259 3/18/2009 BRODART BOOKS 28.68 AP - 00280259 3/18/2009 BRODART BOOKS 48.27 AP - 00280259 3/18/2009 BRODART BOOKS 41.46 AP - 00280259 3/18/2009 BRODART BOOKS 16.44 AP - 00280259 3/18/2009 BRODART BOOKS 118.14 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 89.38 AP - 00280259 3/18/2009 BRODART BOOKS 32.04 AP - 00280259 3/18/2009 BRODART BOOKS 12.84 AP - 00280259 3/18/2009 BRODART BOOKS 8.52 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 17.02 AP - 00280259 3/18/2009 BRODART BOOKS 6.42 AP - 00280259 3/18/2009 BRODART BOOKS 10.68 AP - 00280259 3/18/2009 BRODART BOOKS 8.52 AP - 00280259 3/18/2009 BRODART BOOKS 6.42 AP - 00280259 3/18/2009 BRODART BOOKS 6].92 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 12.77 AP - 00280259 3/18/2009 BRODART BOOKS 12.77 AP - 00280259 3/18/2009 BRODART BOOKS 8.52 AP - 00280259 3/] 8/2009 BRODART BOOKS 255.58 AP - 00280259 3/] 8/2009 BRODART BOOKS 8.51 AP - 00280259 3/] 8/2009 BRODART BOOKS 17.02 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3.!18/2009 BRODART BOOKS 34.08 AP - 00280259 3/] 8/2009 BRODART BOOKS 8.51 AP - 00280259 3/18/2009 BRODART BOOKS 12.78 AP - 00280259 3/18/2009 BRODART BOOKS 12.78 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/t 8/2009 BRODART BOOKS 115.01 AP - 00280259 3/18/2009 BRODART BOOKS 29.88 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/(8/2009 BRODART BOOKS 4.26 AP - 00280259 3/ 18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18'2009 BRODART BOOKS 72.37 AP - 00280259 3/18/2009 BRODART BOOKS 1,484.19 AP - 00280259 3/18/2009 BRODART BOOKS 16.44 AP - 00280259 3/18/2009 BRODART BOOKS 224.75 AP-00280259 3/18/2009 BRODARTBOOKS 3].03 AP - 00280259 3/18/2009 BRODART BOOKS 32.89 AP - 00280259 3/18/2009 BRODART BOOKS 21.40 AP - 00280259 3/18/2009 BRODART BOOKS 7.71 User: VLOPEZ -Veronica Lopez Page: 27 Current Date: 03/25/200 Report:CK_AGENDA_R EG_ PORTRAI T_RC - CK: Agenda Check Register Portrait Layout Time: 16:04:5 CITY OF RANCHO CUCAMONGA P54 Agenda Check Resister 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name Amo_u_nt AP - 00280259 3/18/2009 BRODART BOOKS 523.62 AP - 00280259 3/18/2009 BRODART BOOKS 29.32 AP - 00280259 3/18/2009 BRODART BOOKS 14.20 AP - 00280259 3/18/2009 BRODART BOOKS 52.60 AP - 00280259 3/18/2009 BRODART BOOKS 53.44 AP - 00280259 3/18/2009 BRODART BOOKS 6.32 AP - 00280269 3/18/2009 BRODART BOOKS 44.52 AP - 00280259 3/18/2009 BRODART BOOKS 159.85 AP - 00280259 3/18/2009 BRODART BOOKS 32.10 AP - 00280259 3/18/2009 BRODART BOOKS 6.78 AP - 00280259 3/18/2009 BRODART BOOKS 33.95 AP - 00280259 3/18/2009 BRODART BOOKS 162.53 AP - 00280259 3/18/2009 BRODART BOOKS 1,300.65 AP - 00280259 3/18/2009 BRODART BOOKS 315.37 AP - 00280259 3/18/2009 BRODART BOOKS 10.70 AP - 00280259 3/18/2009 BRODART BOOKS 340.92 AP-00280259 3/18/2009 BRODARTBOOKS 2].40 AP - 00280259 3/18/2009 BRODART BOOKS 8.95 AP - 00280259 3/18/2009 BRODART BOOKS 42.80 AP - 00280259 3/18/2009 BRODART BOOKS 15.47 AP - 00280259 3/18/2009 BRODART BOOKS 23.32 AP - 00280259 3/18/2009 BRODART BOOKS 56.16 AP - 00280259 3/18/2009 BRODART BOOKS 16.47 AP - 00280259 3/18/2009 BRODART BOOKS 707.43 AP - 00280259 3/18/2009 BRODART BOOKS 549.54 AP - 00280259 3/18/2009 BRODART BOOKS 103.96 AP - 00280259 3/18/2009 BRODART BOOKS 16.47 AP - 00280259 3/18/2009 BRODART BOOKS 29.60 AP - 00280259 3/18/2009 BRODART BOOKS 15.66 AP - 00280259 3/18/2009 BRODART BOOKS 16.78 AP - 00280259 3/18/2009 BRODART BOOKS 58.19 AP - 00280259 3/18/2009 BRODART BOOKS 221.43 AP - 00280259 3/18/2009 BRODART BOOKS 123.81 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 34.20 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 8.52 AP - 00280259 3/18/2009 BRODART BOOKS 23.52 AP - 00280259 3/18/2009 BRODART BOOKS 27.78 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 12.78 AP - 00280259 3/18/2009 BRODART BOOKS 87.66 AP - 00280259 3/18/2009 BRODART BOOKS 8.51 AP - 00280259 3/18/2009 BROllART BOOKS 14.94 AP - 00280259 3/18/2009 BRODART BOOKS 61.06 AP - 00280259 3/18/2009 BRODART BOOKS 14.00 AP - 00280259 3/18/2009 BRODART BOOKS 39.15 AP - 00280259 3/18/2009 BRODART BOOKS 16.47 AP - 00280259 3/18/2009 BRODART BOOKS 33.94 AP - 00280259 3/18/2009 BRODART BOOKS 27.96 AP - 00280259 3/18/2009 BRODART BOOKS 27.99 User: VLOPEZ -Veronica Lopez Page: 28 Current Date: 03/25/200 Report:CK_AGENDA_ REG_PORTRAI T_RC - CK: Asenda Check Register Portrait Layout Time: 16:04:5 CITY OF RANCHO CUCAMONGA P55 Agenda Check Resister 3/1(/2009 through 3/24/2009 Check No. Check Dale Vendor Name Amount AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 53.46 AP - 00280259 3/18/2009 BRODART BOOKS 25.64 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 6.42 AP - 00280259 3/18/2009 BRODART BOOKS 8.52 AP - 00280259 3/18/2009 BRODART BOOKS 25.56 AP - 00280259 3/18/2009 BRODART BOOKS 6.42 AP - 00280259 3/18/2009 BRODART BOOKS 37.32 AP - 00280259 3/18/2009 BRODART BOOKS 133.18 AP - 00280259 3/18/2009 BRODART BOOKS 10.07 AP - 00280259 3/18/2009 BRODART BOOKS 25.17 AP - 00280259 3/18/2009 BRODART BOOKS 8.95 AP - 00280259 3/18/2009 BRODART BOOKS 33.94 AP - 00280259 3/18/2009 BRODART BOOKS 44.20 AP - 00280259 3/18/2009 BRODART BOOKS 43.62 AP - 00280259 3/18/2009 BRODART BOOKS 9.21 AP - 00280259 3/18/2009 BRODART BOOKS 13.98 AP - 00280259 3/18/2009 BRODART BOOKS 224.48 AP - 00280259 3/18/2009 BRODART BOOKS 70.74 AP - 00280259 3/18/2009 BRODART BOOKS 83.52 AP - 00280259 3/18/2009 BRODART BOOKS 21.24 AP - 00280259 3/18/2009 BRODART BOOKS 16.47 AP - 00280259 3/18/2009 BRODART BOOKS 10.48 AP - 00280259 3/18/2009 BRODART BOOKS 20.83 AP - 00280259 3/18/2009 BRODART BOOKS 13.66 AP - 00280259 3/18/2009 BRODART BOOKS 53.25 AP - 00280259 3/18/2009 BRODART BOOKS 114.45 AP - 00280259 3/18/2009 BRODART BOOKS 27.46 AP - 00280259 3/18/2009 BRODART BOOKS 30.23 AP - 00280259 3/18/2009 BRODART BOOKS 28.54 AP - 00280259 3/18/2009 BRODART BOOKS 14.16 AP - 00280259 3/18/2009 BRODART BOOKS 59.02 AP - 00280259 3/18/2009 BRODART BOOKS 43.13 AP - 00280259 3/18/2009 BRODART BOOKS 11.20 AP - 00280259 3/18/2009 BRODART BOOKS 26.30 AP - 00280259 3/18/2009 BRODART BOOKS 770.25 AP - 00280259 3/18/2009 BRODART BOOKS 6.42 AP - 00280259 3/18/2009 BRODAR"f BOOKS 32.10 AP - 00280259 3/18/2009 BRODART BOOKS 38.35 AP - 00280259 3/18/2009 BRODART BOOKS 14.94 AP - 00280259 3/18/2009 BRODART BOOKS ] 2.78 AP - 00280259 3/18/2009 BRODART BOOKS 4.26 AP - 00280259 3/18/2009 BRODART BOOKS 1,882.99 AP - 00280259 3/18/2009 BRODART BOOKS 32.87 AP - 00280259 3/18/2009 BRODART BOOKS 75.82 AP - 00280259 3/18/2009 BRODART BOOKS 14.50 AP - 00280259 3/18/2009 BRODART BOOKS 73.66 AP - 00280259 3/18/2009 BRODART BOOKS 14.50 AP - 00280259 3/18/2009 BRODART BOOKS 50.36 AP - 00280259 3/18/2009 BRODART BOOKS 90.16 AP - 00280259 3/18/2009 BRODART BOOKS 26.14 AP - 00280259 3/18/2009 BRODART BOOKS 14.01 User: VLOPEZ -Veronica Lopez Page: 29 Current Date: 03/25/200 Report:CK_AGENDA_REG_PORTRAI T_RC - CK: Agenda Check Register Pomait Layout Time: 16:04:5 CITY OF RANCHO CUCAMONGA Aeenda Check Register 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name AP - 00280259 3/18/2009 BRODART BOOKS AP - 00280259 3/18/2009 BRODART BOOKS AP - 00280259 3/18/2009 BRODART BOOKS AP - 00280260 3/18/2009 BRODART BOOKS AP - 00280261 3/18/2009 BROWN, JENNIFER AP - 00280262 3/18/2009 BUSINESS AND LEGAL REPORTS INC AP - 00280265 3/18/2009 CALIBER COLLISION AP - 00280266 3/18/2009 CALIFORNIA FRANCHISE BOARD AP - 00280267 3/18/2009 CALIFORNIA FRANCHISE TAX BOARD AP - 00280268 3/18/2009 CALIFORNIA LIBRARY ASSOCIATION AP - 00280269 3/18/2009 CALIFORNIA, STATE OF AP - 00280269 3/18/2009 CALIFORNIA, STATE OF AP - 00280269 3/18/2009 CALIFORNIA, STATE OF AP - 00280271 3/18/2009 CARRILLQ TRINA AP - 00280272 3/18/2009 CARTY, DIANE AP - 00280273 3/18/2009 CASTILLO, FRANK AP - 00280274 3/18/2009 CASTILLO, JUAQUIN JACK AP - 00280275 3/18/2009 CDW GOVERNMENT INC. AP - 00280276 3/18/2009 CENTER ICE ARENA AP - 00280277 3/18/2009 CERTIFION CORPORATION DBA/ENTERSECT AP - 00280278 3/18/2009 CHARTER COMMUNICATIONS AP - 00280278 3/18/2009 CHARTER COMMUNICATIONS AP - 00280280 3/18/2009 CLAREMONT COURIER AP - 00280281 3/18/2009 CLARK, KAREN AP - 00280283 3/18/2009 COLOR ME MINE AP - 00280284 3/18/2009 COMBINED MARTIAL SCIENCE fNC AP - 00280286 3/18/2009 COMPUTEK AP - 00280287 3/18/2009 CONSOLIDATED ELECTRICAL DISTRIBUTORS 1 AP - 00280288 3/18/2009 CONTINENTAL AMERICAN INSURANCE COMP AP - 00280291 3/18/2009 COPP CRUSHING CORP, DAN AP - 00280294 3/18/2009 COUNSELING TEAM INTERNATIONAL, THE AP - 00280295 3/18/2009 COVENANT STAFFING INC. AP - 00280295 3/18/2009 COVENANT STAFFING INC. AP - 00280295 3/18/2009 COVENANT STAFFING INC. AP - 00280295 3/18/2009 COVENANT STAFFING INC. AP - 00280296 3/18/2009 CSB - CAROLE LINK AP - 00280297 3/18/2009 CUCAMONGA MUSIC CO. AP - 00280298 3/18/2009 CUCAMONGA VALLEY IAAP AP - 00280299 3/18/2009 CUCAMONGA VALLEY WATER DISTRICT AP - 00280299 3/18/2009 CUCAMONGA VALLEY WATER DISTRICT AP - 00280299 3/18/2009 CUCAMONGA VALLEY WATER DISTRICT AP - 00280299 3/18/2009 CUCAMONGA VALLEY WATER DISTRICT AP - 00280299 3/18/2009 CUCAMONGA VALLEY WATER DISTRICT AP - 00280299 3/18/2009 CUCAMONGA VALLEY WATER DISTRICT AP - 00280299 3/18/2009 CUCAMONGA VALLEY WATER DISTRICT AP - 00280299 3/18/2009 CUCAMONGA VALLEY WATER DISTRICT AP - 00280299 3/18/2009 CUCAMONGA VALLEY WATER DISTRICT AP - 00280299 3/18/2009 CUCAMONGA VALLEY WATER DISTRICT AP - 00280299 3/18/2009 CUCAMONGA VALLEY WATER DISTRICT AP - 00280299 3/18/2009 CUCAMONGA VALLEY WATER DISTRICT AP - 00280299 3/18/2009 CUCAMONGA VALLEY WATER DISTRICT AP - 00280299 3/18/2009 CUCAMONGA VALLEY WATER DISTRICT AP - 00280299 3/18/2009 CUCAMONGA VALLEY WATER DISTRICT AP - 00280299 3/18/2009_ C_UCAMONGA VALLEY WATER DISTRICT User: VLOPEZ -Veronica Lopez Page: 30 Report:CK_AGENDA_REG _PORTRAI T_RC - CK: Agenda Check Register Pomait Layout P56 Amount 12.29 9.51 31.79 35.23 224.40 310.02 5,737.91 137.00 160.29 140.00 105.00 41.00 121.50 264.00 1,430.70 337.50 1,861.50 247.20 661.50 71.60 32.99 109.99 462.00 1,269.00 28.00 3,270.00 42,735.47 170.78 154.80 20.00 375.00 533.40 177.80 220.03 711.20 1,220.00 400.00 125.00 114.21 452.61 455.43 363.96 37.70 976.46 438.51 147.52 23.60 445.25 58.55 383.21 885.17 124.08 1,334.81 868.88 Current Date: 03/25/200 Timc: 16:04:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name Amount AP - 00280299 3/18/2009 CUCAMONGA VALLEY WATER DISTRICT 168.43 AP - 00280299 3i 18/2009 CUCAMONGA VALLEY WATER DISTRICT 1,770.96 AP - 00280299 3/18/2009 CUCAMONGA VALLEY WATER DISTRICT 263.36 AP - 00280299 3/18/2009 CUCAMONGA VALLEY WATER DISTRICT 1,314.12 AP - 00280299 3/18/2009 CUCAMONGA VALLEY WATER DISTRICT 295.79 AP - 00280299 3/18/2009 CUCAMONGA VALLEY WATER DISTRICT 86.75 AP - 00280299 3/18/2009 CUCAMONGA VALLEY WATER DISTRICT 345.14 AP - 00280300 3/18/2009 CUDNEY, JOANNE 129.30 AP - 00280301 3/18/2009 D & D DISPOSAL INC. 400.00 AP - 00280302 3/18/2009 D 3 EQUIPMENT 1,117.96 AP - 00280303 3/18/2009 D 7 CONSULTING INC 750.00 AP - 00280303 3/18/2009 D 7 CONSULTING INC 700.00 AP - 00280303 3/18/2009 D 7 CONSULTING INC 700.00 AP - 00280303 3/18/2009 D 7 CONSULTING INC 850.00 AP - 00280303 3/18/2009 D 7 CONSULTING INC 3,712.50 AP - 00280303 3/18/2009 D 7 CONSULTING INC 650.00 AP - 00280303 3/18/2009 D 7 CONSULTING INC 750.00 AP - 00280304 3/18/2009 D AND K CONCRETE COMPANY 309.25 AP - 00280304 3/18/2009 D AND K CONCRETE COMPANY 1,490.12 AP - 00280304 3/18/2009 D AND K CONCRETE COMPANY 598.29 AP - 00280304 3/18/2009 D AND K CONCRETE COMPANY 620.11 AP - 00280305 3/18/2009 DAGHDEVIRIAN, KATHY 540.00 AP - 00280308 3/18/2009 DANCE TERRIFIC 2,253.25 AP - 00280309 3/18/2009 DAPPER TIRE CO 1,342.32 AP - 00280309 3/18/2009 DAPPER TIRE CO 49.29 AP - 00280309 3/18/2009 DAPPER TIRE CO 1,756.40 AP - 00280309 3/18/2009 DAPPER TIRE CO 671.16 AP - 00280309 3/18/2009 DAPPER TIRE CO 477.92 AP - 00280310 3/18/2009 DATA QUICK 130.50 AP - 002803 ] 1 3/18/2009 DEL MECHANICAL 723.00 AP - 00280313 3/18/2009 DEPARTMENT OF JUSTICE 1,184.00 AP - 00280313 3/18/2009 DEPARTMENT OF JUSTICE 576.00 AP - 00280313 3/18/2009 DEPARTMENT OF JUSTICE 2,800.00 AP - 00280313 3/18/2009 DEPARTMENT OF JUSTICE 2,979.00 AP - 00280314 3/18/2009 DEPARTMENT OF TRANSPORTATION 2,999.19 AP - 00280316 3/18/2009 DUFFY, RICK 2,833.25 AP - 00280317 3/18/2009 DUNN EDWARDS CORPORATION 89.85 AP - 00280317 3/18/2009 DUNN EDWARDS CORPORATION 132.13 AP - 00280317 3/18/2009 DUNK EDWARDS CORPORATION 63.09 AP - 00280317 3/18/2009 DUNN EDWARDS CORPORATION 53.88 AP - 00280317 3/18/2009 DUNN EDWARDS CORPORATION 180.77 AP - 00280317 3/18/2009 DUNN EDWARDS CORPORATION 66.37 AP - 00280317 3/18/2009 DUNN EDWARDS CORPORATION 97.90 AP - 00280317 3/18/2009 DUNK EDWARDS CORPORATION 154.48 AP - 00280317 3/18/2009 DUNN EDWARDS CORPORATION 163.64 AP - 00280318 3/] 8/2009 DUNK, ANNE MARIE 210.00 AP - 00280318 3/18/2009 DUNK, ANNE MARIE 1,704.00 AP - 00280319 3/18/2009 EDFUND 164.91 AP - 00280321 3/18/2009 ELECTRONICS WAREHOUSE 60.90 AP - 00280321 3/18/2009 ELECTRONICS WAREHOUSE -5.67 AP - 00280322 3/18/2009 EMCOR SERVICE 14,631.79 AP - 00280323 3/18/2009 EMPIRE MOBILE HOME SERVICE 6,400.00 AP - 00280324 3/18/2009 EMPIRE MOBILE HOME SERVICE 7,931.69 AP - 00280325 3/18/2009 EMPLOYMENT DEVELOPMENT DEPT. 409.02 P57 User: VLOPEZ -Veronica Lopez Page: 31 Current Date: 03/25/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:04:5 CITY OF RANCHO CUCAMONGA P58 Agenda Check Register 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name Amount AP - 00280327 318/2009 ENSIL, NORMAN 78.75 AP - 00280328 3/18/2009 ESPINO'S COP SHOP INC 291.55 AP - 00280328 3/18/2009 ESPINO'S COP SHOP INC 135.00 AP - 00280328 3/18/2009 ESPINO'S COP SHOP INC 835.04 AP - 00280328 3/182009 ESPINO'S COP SHOP INC 159.45 AP - 00280328 3/18/2009 ESPINO'S COP SHOP INC 45.00 AP - 00280329 3/18/2009 EWING IRRIGATION PRODUCTS 255.52 AP - 00280329 3/18/2009 EWING IRRIGATION PRODUCTS 230.52 AP - 00280329 3/18/2009 EWING IRRIGATION PRODUCTS 309.60 AP - 00280329 3/18/2009 EWING IRRIGATION PRODUCTS 57.75 AP - 00280330 3/18/2009 EXPERIAN 221.00 AP - 00280330 3/18/2009 EXPERIAN 52.00 AP - 00280331 3/18/2009 EXPRESS BRAKE SUPPLY 112.24 AP - 00280331 3/18/2009 EXPRESS BRAKE SUPPLY 61.28 AP - 00280331 3/t 8/2009 EXPRESS BRAKE SUPPLY 52.64 AP - 00280331 3/18/2009 EXPRESS BRAKE SUPPLY 61.28 AP - 00280331 3/18/2009 EXPRESS BRAKE SUPPLY 179.99 AP - 00280331 3/18/2009 EXPRESS BRAKE SUPPLY 101.60 AP - 00280333 3/18/2009 FEDERAL EXPRESS CORP 19.68 AP - 00280333 3/18/2009 FEDERAL EXPRESS CORP 17.59 AP - 00280334 3/18/2009 FELICIANQ ANTHONY 324.00 AP - 00280335 3/18/2009 FISHER SCIENTIFIC 607.60 AP - 00280336 3/18/2009 FLEET GLASS 80.00 AP - 00280336 3/18/2009 FLEET GLASS 215.34 AP - 00280337 3/18/2009 FLEET SERVICES INC. 108.29 AP - 00280338 3/18/2009 FLEET STAR INC. 2,533.96 AP - 00280339 3/18/2009 FOOTCHESTER PARTNERS LLC. 2,561.30 AP - 00280340 3/18/2009 FOOTCHESTER PARTNERS LLC. 5,500.00 AP - 00280341 3/] 8/2009 FOOTCHESTER PARTNERS LLC. 11,739.00 AP - 00280342 3/ 18!2009 FOOTCHESTER PARTNERS LLC. 110,000.00 AP - 00280343 3/18/2009 FORD OF UPLAND INC 238.97 AP - 00280343 3/18/2009 FORD OF UPLAND INC 779.21 AP - 00280343 3/18/2009 FORD OF UPLAND INC 151.73 AP - 00280344 3/18/2009 FORECAST HOMES 7,400.00 AP - 00280345 3/18/2009 FOX CROFT FARMS 336.00 AP - 00280347 3/18/2009 FRAZEE PAINT CENTER 33.19 AP - 00280349 3/18/2009 GARDNER, PATRICIA 18.00 AP - 00280350 3/18/2009 GARRETT CONCRETE CORING AND SAWING Ii` 210.00 AP - 00280351 3/18/2009 GENTRY, DONALD A 1,706.25 AP - 00280351 3/18/2009 GENTRY, DONALD A 357.50 AP - 00280351 3/18/2009 GENTRY, DONALD A 1,755.00 AP - 00280352 3/18/2009 GEOGRAPHICS 548.45 AP-00280352 3/18/2009 GEOGRAPHICS 4,176.66 AP - 00280352 3/] 8/2009 GEOGRAPHICS 59.26 AP - 00280352 3/18/2009 GEOGRAPHICS 518.00 AP - 00280353 3/18/2009 GIORDANO, MARIANNA 138.00 AP - 00280354 3/18/2009 GLOBAL PRESENTER 380.00 AP - 00280354 3/18/2009 GLOBAL PRESENTER 380.00 AP - 00280355 3/18/2009 GOLF VENTURES WEST 62.82 AP - 00280356 3/18/2009 GRAINGER 102.99 AP - 00280356 3/] 8/2009 GRAINGER 19.14 AP - 00280356 3/18/2009 GRAINGER 66.81 AP - 00280356 3/18/2009 GRAINGER 396.36 AP - 00280356 3/18/2009 GRAINGER 320.25 User: VLOPEZ -Veron ica Lopez Page: 32 Current Date: 03/25/200 Report:CK_AGENDA_R EG_PORTRAI T_RC - CK: Agenda Check Register Pomait Layout Time: 16:04:5 CITY OF RANCHO CUCAMONGA P59 Aeenda Check Reeister 3/I 1/2009 through 3/24/2009 Check No. Check Date Vendor Name Amount AP - 00280356 3/18/2009 GRAiNGER 38.28 AP - 00280357 3/18/2009 GRANT III, VINCENT 222.00 AP - 00280358 3/18/2009 GRAPHICS FACTORY PRINTING INC. 199.34 AP - 00280359 3/18/2009 GREEN ROCK POWER EQUIPMENT 187.51 AP - 00280361 3/18/2009 GYROSCOPE INC 12,800.00 AP - 00280362 3/18/2009 HASAN, JAMES 192.00 AP - 00280363 3/18/2009 HEDIGER, PATRICK 127.03 AP - 00280364 3/18/2009 HEILIG, KELLY 888.00 AP - 00280365 3/18/2009 HEYDON, MELAYA HOYT- 1,125.17 AP - 00280366 3/]8/2009 HILLS PET NUTRITION SALES INC 459.30 AP - 00280366 3/18/2009 HILLS PET NUTRITION SALES INC 379.60 AP - 00280367 3/18/2009 HOGLE-IRELAND 10,481.10 AP - 00280368 3/18/2009 HOME DEPOT CREDIT SERVICES 92.44 AP - 00280369 3/18/2009 HOSE MAN INC 9.51 AP - 00280370 3/18/2009 HOYT LUMBER CO., SM 30.14 AP - 00280371 3/18/2009 HSBC BUSINESS SOLUTIONS 132.28 AP - 00280371 3/18/2009 HSBC BUSINESS SOLUTIONS 112.75 AP - 00280371 3/] 8/2009 HSBC BUSINESS SOLUTIONS 298.10 AP - 00280371 3/18/2009 HSBC BUSINESS SOLUTIONS 47.77 AP - 00280371 3/18/2009 HSBC BUSINESS SOLUTIONS 121.28 AP - 00280371 3/18/2009 HSBC BUSINESS SOLUTIONS 310.73 AP - 00280371 3/18/2009 HSBC BUSINESS SOLUTIONS 507.45 AP - 00280371 3/18/2009 HSBC BUSINESS SOLUTIONS 51.78 AP - 00280371 3/18/2009 HSBC BUSINESS SOLUTIONS 83.95 AP - 00280372 3/18/2009 HSU, STEVE 460.80 AP - 00280373 3/18/2009 HUMANE SOCIETY OF SAN BERNARDINO VAU 425.00 AP - 00280374 3/18/2009 HUTCHINSON, LISA 691.20 AP - 00280375 3/18/2009 lAPM0 75.00 AP - 00280376 3/] 8/2009 IDHASOFT 2,300.00 AP - 00280376 3/18/2009 IDHASOFT 525.00 AP - 00280378 3/18/2009 INLAND EMPIRE FAMILY 1,080.00 AP - 00280379 3/18/2009 INLAND LIVING MAGAZINE 14.95 AP - 00280379 3/18/2009 INLAND LIVING MAGAZINE ]4.95 AP - 00280380 3/] 8/2009 INLAND VALLEY DANCE ACADEMY 2,404.14 AP - 00280381 3/18/2009 INLAND VALLEY EMERGENCY PET CLINIC 52.50 AP - 00280383 3/18/2009 INTERNATIONAL PAVEMENT SOLUTIONS 15.00 AP - 00280384 3/18/2009 INTERSTATE BATTERIES 270.99 AP - 00280384 3/18/2009 INTERSTATE BATTERIES 835.71 AP - 00280384 3/18/2009 INTERSTATE BATTERIES 41.00 AP - 00280384 3/] 8/2009 INTERSTATE BATTERIES 186.90 AP - 00280385 3/18/2009 INTERWEST CONSULTING GROUP INC 4,655.00 AP - 00280386 3/18/2009 JOHNSON LIFT HYSTER 388.87 AP - 00280387 3/18/2009 JONES AND MAYER, LAW OFFICES OF 3,230.45 AP - 00280388 3/18/2009 KC PRINTING & GRAPHICS INC 733.59 AP - 00280389 3/18/2009 KELLY, KRISTA 39.62 AP - 00280390 3/18/2009 KIM, DANIEL 504.00 AP - 00280392 3/18/2009 KONE INC 490.44 AP - 00280393 3/18/2009 KOTZIN AND ASSOCIATES INC, R 5,847.50 AP - 00280393 3/18/2009 KOTZIN AND ASSOCIATES INC, R 4,707.50 AP - 00280394 3/18/2009 KUSTOM TRAILERS & WELDING 1,000.00 AP - 00280394 3/18/2009 KUSTOM TRAILERS & WELDING 1,450.00 AP - 00280394 3/18/2009 KUSTOM TRAILERS d WELDING 183.21 AP - 00280395 3/18/2009 LEAGUE OF CALIFORNIA CITIES 45.00 AP - 00280396 3/18/2009 LEWIS INVESTMENTS 2,700.00 __ User: VLOPEZ -Veroni ca Lopez Page: 33 Current Date: 03/25/200 Report:CK_AGENDA_R EG_PORTRAIT _RC - CK: Agenda Check Register Portrait Layout Time: 16:04:5 CITY OF RANCHO CUCAMONGA P60 Agenda Check Register 3/I 1/2009 through 3/24/2009 Check No. Check Date Vendor Name Amount AP - 00280400 3/18/2009 LIM, HEATHER 780.00 AP - 00280401 3/18/2009 LITTLE BEAR PRODUCTIONS 870.00 AP - 00280401 3/18/2009 LITTLE BEAR PRODUCTION'S 400.00 AP - 00280402 3/18/2009 LIVE OAK DOG OBEDIENCE 475.20 AP - 00280403 3/18/2009 LOCKETT, AMANDA 430.97 AP - 00280404 3/18/2009 LOPEZ, FEDERICO 10.00 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 110.41 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 88.87 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 25.82 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 13.94 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 100.64 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 226.96 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 19.64 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 26.88 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 144.10 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 60.78 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 35.81 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 6.77 AP - 00280407 3/18/2009 LOWES COMPANIES INC. -6.77 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 52.27 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 39.23 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 106.18 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 29.14 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 442.21 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 177.63 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 9.63 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 22.05 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 17.04 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 153.72 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 49.93 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 36.04 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 189.42 AP - 00280407 3/]8/2009 LOWES COMPANIES INC. 70.04 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 41.94 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 73.31 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 305.58 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 260.61 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 5.09 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 94.67 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 145.10 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 125.42 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 71.15 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 289.85 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 235.97 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 30.14 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 30.11 AP - 00280407 3/18/2009 LOWES COMPANIES INC. -235.68 AP - 00280407 3/18/2009 LOW ES COMPANIES INC. -235.97 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 541.34 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 15.45 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 73.55 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 30.86 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 40.46 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 39.07 User: VLOPEZ -Veronica Lopez Page: 34 Current Date: 03/25/200 Report:CK_AGENDA_ REG_PORTRAIT _RC - CK: Agenda Check Register Pomait Layout Time: 16:04:5 CITY OF RANCHO CUCAMONGA P61 Agenda Check Register 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name Amount AP - 00280407 3/18/2009 LOWES COMPANIES INC. 328.59 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 30.04 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 28.45 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 69.41 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 21.53 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 12.51 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 21.80 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 147.80 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 110.16 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 13.87 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 43.00 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 105.06 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 21.53 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 237.38 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 66.89 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 5.25 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 54.26 AP - 00280407 3/18/2009 LOWES COMPANIES INC. 26.91 AP - 00280409 3/18/2009 LUCAS, DIAMOND 94.50 AP - 00280410 3/18/2009 MAGRUDER, KAREN 126.00 AP - 00280411 3/18/2009 MAIN STREET SIGNS 258.60 AP - 00280411 3/18/2009 MAIN STREET SIGNS 1,878.62 AP - 00280411 3/18/2009 MAIN STREET SIGNS 336.18 AP - 00280412 3/18/2009 MARIPOSA HORTICULTURAL ENT INC 345.60 AP - 00280412 3/18/2009 MARIPOSA HORTICULTURAL ENT INC 2,290.45 AP - 00280412 3/18/2009 MARIPOSA HORTICULTURAL ENT INC 1,926.27 AP - 00280412 3/18/2009 MARIPOSA HORTICULTURAL ENT INC 119.18 AP - 00280412 3/18/2009 MARIPOSA HORTICULTURAL ENT INC 634.17 AP - 00280412 3/18/2009 MARIPOSA HORTICULTURAL ENT INC 2,369.43 AP - 00280412 3/18/2009 MARIPOSA HORTICULTURAL ENT INC 280.62 AP - 00280412 3/18/2009 MARIPOSA HORTICULTURAL ENT INC 915.91 AP - 00280412 3/18/2009 MARIPOSA HORTICULTURAL ENT INC 2,440.64 AP - 00280412 3/18/2009 MARIPOSA HORTICULTURAL ENT INC 342.26 AP - 00280413 3/18/2009 MARK CHRISTOPHER INC 507.49 AP - 00280414 3/] 8/2009 MARSHALL PLUMBING 420.00 AP - 00280414 3/18/2009 MARSHALL PLUMBING -]0.00 AP - 00280415 3/18/2009 MARSHALL, SYLVIA 1,656.90 AP - 00280416 3/18/2009 MARTINEZ UNION SERVICE 150.00 AP - 00280416 3/18/2009 MARTINEZ UNION SERVICE 45.00 AP - 00280416 3/18/2009 MARTINEZ UNION SERVICE 45.00 AP - 00280417 3/18/2009 MAXIMUM PC 29.95 AP - 00280418 3/18/2009 MAXWELL, ANTHONY 60.00 AP - 00280419 3/18/2009 MCCALEB, ERIN 576.60 AP - 00280420 3/18/2009 MCFADDEN DALE HARDWARE 33.62 AP - 00280421 3/18/2009 MERIAL LIMITED 5,512.06 AP - 00280422 3/18/2009 MIDDLE RIDGE INC 187.50 AP - 00280424 3/18/2009 MIDWEST TAPE 12.99 AP - 00280424 3/18/2009 MIDWEST TAPE 294.22 AP - 00280424 3/18/2009 MIDWEST TAPE 10.39 AP - 00280424 3/18/2009 MIDWEST TAPE 23.98 AP - 00280424 3/18/2009 MIDWEST TAPE ]4.38 AP - 00280424 3/18/2009 MIDWEST TAPE 71.96 AP - 00280424 3/18/2009 MIDWEST TAPE 38.99 AP - 00280424 3/18/2009 MIDWEST TAPE 177.92 User: VLOPEZ -Veronica Lopez Page: 35 Current Date: 03/25/200 Report:CK_AGENDA_REG _PORTRAI T_RC - CK: Agenda Check Register Pomait Layout Time: 16:04:5 CITY OF RANCHO CUCAMONGA pg2 Agenda Check Reeister 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name Amount AP - 00280424 3/18/2009 MIDWEST TAPE 236.86 AP - 00280424 3/18/2009 MIDWEST TAPE 234.46 AP - 00280424 3/18/2009 MIDWEST TAPE 71.96 AP - 00280424 3/18/2009 MIDWEST TAPE 14.38 AP - 00280424 3/18/2009 MIDWEST TAPE 36.97 AP - 00280424 3/18/2009 MIDWEST TAPE 58.98 AP - 00280424 3/18/2009 MIDWEST TAPE 294.22 AP - 00280424 3/18/2009 MIDWEST TAPE 53.98 AP - 00280424 3/18/2009 MIDWEST TAPE 12.99 AP - 00280424 3/18/2009 MIDWEST TAPE 216.44 AP - 00280424 3/18/2009 MIDWEST TAPE 295.39 AP - 00280424 3/18/2009 MIDWEST TAPE 36.77 AP - 00280424 3/18/2009 MIDWEST TAPE 21.58 AP - 00280424 3/18/2009 MIDWEST TAPE 66.55 AP - 00280424 3/18/2009 MIDWEST TAPE 108.52 AP - 00280424 3/18/2009 MIDWEST TAPE 260.38 AP - 00280424 3/18/2009 MIDWEST TAPE 22.99 AP - 00280424 3/18/2009 MIDWEST TAPE 248.60 AP - 00280424 3/18/2009 MIDWEST TAPE 123.90 AP - 00280424 3/18/2009 MIDWEST TAPE 170.24 AP - 00280424 3/18/2009 MIDWEST TAPE 107.89 AP - 00280424 3/18/2009 MIDWEST TAPE 151.78 AP - 00280424 3/18/2009 MIDWEST TAPE 151.78 AP - 00280424 3/18/2009 MIDWEST TAPE 32.98 AP - 00280424 3/18/2009 MIDWEST TAPE 453.82 AP - 00280424 3/18/2009 MIDWEST TAPE 147.32 AP - 00280424 3/18/2009 MIDWEST TAPE 147.32 AP - 00280424 3/] 8/2009 MIDWEST TAPE 1,396.64 AP - 00280424 3/18/2009 MIDWEST TAPE 61.97 AP - 00280424 3/18/2009 MIDWEST TAPE 51.98 AP - 00280424 3/18/2009 MIDWEST TAPE 22.99 AP - 00280424 3/18/2009 MIDWEST TAPE 22.99 AP - 00280424 3/18/2009 MIDWEST TAPE 31.99 AP - 00280424 3/18/2009 MIDWEST TAPE 160.30 AP - 00280424 3/18/2009 MIDWEST TAPE 160.30 AP - 00280424 3/18/2009 MIDWEST TAPE 285.87 AP - 00280424 3/18/2009 MIDWEST TAPE 48.98 AP - 00280424 3/18/2009 MIDWEST TAPE 114.61 AP - 00280424 3/18/2009 MIDWEST TAPE 91.62 AP - 00280424 3/18/2009 MIDWEST TAPE 211.05 AP - 00280424 3/18/2009 MIDWEST TAPE 74.35 AP - 00280424 3/18/2009 MIDWEST TAPE 29.97 AP - 00280424 3/18/2009 MIDWEST TAPE 13.59 AP - 00280424 3/18/2009 MIDWEST TAPE 13.59 AP - 00280424 3/18/2009 MIDWEST TAPE 353.02 AP - 00280424 3/18/2009 MIDWEST TAPE 169.94 AP - 00280425 3/18/2009 MOE, JOHN 720.00 AP - 00280427 3/18/2009 MORRIS, RICHARD 444.00 AP - 00280428 3/18/2009 MOUNTAIN VIEW GLASS AND MIRROR INC 48.49 AP - 00280429 3/18/2009 MOUNTAIN VIEW SMALL ENG REPAIR 35.94 AP - 00280429 3/18/2009 MOUNTAIN VIEW SMALL ENG REPAIR 127.14 AP - 00280429 3/18/2009 MOUNTAIN VIEW SMALL ENG REPAIR 72.22 AP - 00280429 3/18/2009 MOUNTAIN VIEW SMALL ENG REPAIR 92.88 AP - 00280429 3/18/2009 MOUNTAIN VIEW SMALL ENG REPAIR 19.96 User: VLOPEZ -Veronica Lopez Page: 36 Current Datr. 03/25/200 Report:CK_AGENDA_ REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:04:5 CITY OF RANCHO CUCAMONGA P63 Agenda Check Register 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name Amoun[ AP - 00280429 3i 1812009 MOUNTAIA' VIEW SMALL ENG REPAIR 15.00 AP - 00280429 3/18/2009 MOUNTAIN VIEW SMALL ENG REPAIR 31.12 AP - 00280430 3/18/2009 MWI VETERINARY SUPPLY 322.28 AP - 00280431 3/18/2009 MYERCHIN, NICOLE 2,008.80 AP - 00280433 3/18/2009 NAVTRAK INC 539.28 AP - 00280433 3/18/2009 NAVTRAK INC -409.46 AP - 00280433 3/18/2009 NAVTRAK INC 110.12 AP - 00280434 3/18/2009 NINYO & MOORE 2,233.50 AP - 00280435 3/18/2009 NOLO PRESS 31.84 AP - 00280435 3/18/2009 NOLO PRESS 31.83 AP - 00280436 3/18/2009 NORMAN A TRAUB ASSOCIATES 7,745.60 AP - 00280436 3/18/2009 NORMAN A TRAUB ASSOCIATES 7,889.62 AP - 00280437 3/18/2009 OCLC INC 47.34 AP - 00280438 3/18/2009 OFFICE DEPOT 51.58 AP - 00280438 3/18/2009 OFFICE DEPOT 14.21 AP - 00280438 3/18/2009 OFFICE DEPOT 10.48 AP - 00280438 3/18/2009 OFFICE DEPOT 12.21 AP - 00280438 3/18/2009 OFFICE DEPOT 577.32 AP - 00280438 3/18/2009 OFFICE DEPOT 27.48 AP - 00280438 3/18/2009 OFFICE DEPOT 7.08 AP - 00280438 3/18/2009 OFFICE DEPOT 14.03 AP - 00280438 3/18/2009 OFFICE DEPOT 20.74 AP - 00280438 3/18/2009 OFFICE DEPOT 114.38 AP - 00280438 3/18/2009 OFFICE DEPOT 310.24 AP - 00280438 3/18/2009 OFFICE DEPOT 271.87 AP - 00280438 3/18/2009 OFFICE DEPOT 270.43 AP - 00280438 3/18/2009 OFFICE DEPOT 466.77 AP - 00280440 3/18/2009 ONTARIO ICE SKATING CENTER 1,579.20 AP - 00280441 3/18/2009 ORANGE EMPIRE CHAPTER ICC 70.00 AP - 00280442 3/18/2009 ORCHARD SUPPLY HARDWARE 0.85 AP - 00280442 3/18/2009 ORCHARD SUPPLY HARDWARE 4.46 AP - 00280442 3/18/2009 ORCHARD SUPPLY IARDWARE 3.01 AP - 00280443 3/18/2009 ORR, PAUL 9.00 AP - 00280444 3/18/2009 PAL CAMPAIGN 82.00 AP - 00280445 3/18/2009 PARS 3,500.00 AP - 00280446 3/18/2009 PATTON SALES CORP 174.56 AP - 00280446 3/18/2009 PATTON SALES CORP 79.30 AP - 00280447 3/18/2009 PEP BOYS 78.73 AP - 00280448 3/18/2009 PETROVICH, VICTORIA 1,000.00 AP - 00280449 3/18/2009 PIRANHA POOL & SPA CONSTRUCTORS INC 200.00 AP - 00280450 3/18/2009 PRAXAIR DISTRIBUTION INC 24.19 AP - 00280451 3/18/2009 PRE-PAID LEGAL SERVICES INC 255.09 AP - 00280452 3/18/2009 PRECISION GYMNASTICS 1,397.20 AP - 00280453 3/18/2009 PRESS ENTERPRISE 489.37 AP - 00280454 3/18/2009 PRIDE LAUNDRY SYSTEMS INC 203.66 AP - 00280457 3/18/2009 RANCHO CUCAMONGA CHAMBER OF COMME] 200.00 AP - 00280458 3/18/2009 RANCHO CUCAMONGA FONTANA FAMILY YM 13,775.27 AP - 00280459 3/18/2009 RANCHO REGIONAL VETERTARY HOSPITAL I 50.00 AP - 00280459 3/18/2009 RANCHO REGIONAL VETERINARY HOSPITAL I 100.00 AP - 00280459 3/18/2009 RANCHO REGIONAL VETERINARY HOSPITAL I 50.00 AP - 00280459 3/18/2009 RANCHO REGIONAL VETERINARY HOSPITAL I 50.00 AP - 00280459 3/18/2009 RANCHO REGIONAL VETERINARY HOSPITAL I 100.00 AP - 00280459 3/]8/2009 RANCHO REGIONAL VETERINARY HOSPITAL I 100.00 AP - 00280459 3/18/2009 RANCHO REGIONAL VETERINARY HOSPITAL I 100.00 User: VLOPEZ -Veronica Lopez Page: 37 Current Date: 03/25/200 Report:CK_AGENDA_ REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:04:5 CITY OF RANCHO CUCAMONGA Benda Check Register 3/11/2009 through 3/24/2009 Check No. Check Date Vendor 1Vame AP - 00280459 3/18.2009 RANCHO REGIONAL VETERINARY HOSPITAL I AP - 00280459 3/18/2009 RANCHO REGIONAL VETERINARY HOSPITAL I AP - 00280459 3/18/2009 RANCHO REGIONAL VETERINARY HOSPITAL I AP - 00280460 3/18/2009 RANDOM HOUSE INC AP - 00280460 3'18.2009 RANDOM HOUSE INC AP - 00280460 3/18/2009 RANDOM HOUSE INC AP - 00280460 3/18/2009 RANDOM HOUSE INC AP - 00280460 3/18/2009 RANDOM HOUSE INC AP - 00280461 3/18/2009 RCEP UNIT tW 17 AP - 00280464 3/18/2009 REINEBACH, RAY AP - 00280465 3/18/2009 RGA ENVIRONMENTAL INC AP - 00280465 3/18/2009 RGA ENVIRONMENTAL INC AP - 00280465 3/18/2009 RGA ENVIRONMENTAL INC AP - 00280467 3/18/2009 RIVERA, GEORGE AP - 00280467 3/18/2009 RIVERA, GEORGE AP - 00280467 3/18/2009 RIVERA, GEORGE AP - 00280473 3/18/2009 SAN BERNARDINQ COUNTY OF AP - 00280473 3/18/2009 SAN BERNARDINO, COUNTY OF AP - 00280473 3/18/2009 SAN BERN.4RDIN0, COUNTY OF AP - 00280473 3/18/2009 SAN BERNARDINO, COUNTY OF AP - 00280473 3/18/2009 SAN BERNARDINQ COUNTY OF AP - 00280475 3/18/2009 SBPEA AP - 00280476 3/18/2009 SCHEITHAUER, KRISTIN AP - 00280477 3/18/2009 SCOTT, DIANA AP - 00280478 3/] 8/2009 SERVICE SOLUTIONS GROUP AP - 00280479 3/] 8/2009 SHERIFFS COURT SERVICES AP - 00280480 3/18/2009 SHERIFFS COURT SERVICES AP - 00280481 3/18/2009 SHERIFFS COURT SERVICES AP - 00280482 3/18/2009 SHERIFFS COURT SERVICES AP - 00280483 3/18/2009 SHOETERIA AP - 00280483 3/18/2009 SHOETERIA AP - 00280484 3/18/2009 SHOR-LINE AP - 00280485 3/18/2009 SIGN SHOP, THE AP - 00280486 3/18/2009 SIMPLOT PARTNERS AP - 00280486 3/18/2009 SIMPLOT PARTNERS AP - 00280488 3/18/2009 SMITH, LUCINDA AP - 00280489 3/18/2009 SMITH, MICHAEL C AP - 00280491 3/18/2009 SOURCE GRAPHICS AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON AP - 00280495 3/] 8/2009 SOUTHERN CALIFORNIA EDISON AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON User: VLOPEZ -Veronica Lopez Page: 38 Report:CK_AGENDA_REG _PORTRAIT_RC - CK: Agenda Check Register Pomait Layout P64 Amount 100.00 100.00 100.00 139.76 95.74 33.67 139.76 69.88 1,994.00 770.00 2,211.00 3,155.00 140.00 486.75 973.50 973.50 128.00 128.00 128.00 128.00 128.00 886.08 487.50 375.00 1,032.13 388.91 150.00 65.00 167.86 121.21 174.53 1,779.60 50.37 2,687.72 4,644.03 85.21 216.45 134.95 31.01 94.57 82.37 16.89 66.42 17.62 18.54 136.58 16.89 17.04 16.89 18.54 55.19 16.89 19.41 16.79 Current Date: 03/25/200 Time: 16:04:5 CITY OF RANCHO CUCAMONGA P65 Agenda Check Register 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name Amount AP - 00280495 3'18/2009 SOUTHERN CALIFORNIA EDISON 18.19 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 36.50 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 16.74 AP - 00280495 318/2009 SOUTHERN CALIFORNIA EDISON 27.93 AP - 00280495 3/182009 SOUTHERN CALIFORNIA EDISON 905.27 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 89.25 AP - 00280495 3/18/2009 SOUTHERA' CALIFORNIA EDISON 17.31 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 18.54 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 19.13 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDiSON 18.54 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 57.71 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 41.36 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 22.96 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 16.89 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 16.89 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 105.03 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 625.85 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 16.91 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 138.68 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 54.92 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 209.39 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 79.62 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON ] 8.64 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 16.89 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 2.83 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 16.89 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 16.63 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 68.84 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 101.59 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 50.27 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 330.50 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 578.42 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 531.77 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 21.12 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 20.74 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 25.03 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 25.75 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 51.61 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 16.91 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 52.58 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 6].37 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 9.21 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 16.89 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 17.76 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 131.01 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 40.28 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 26.58 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 68.79 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 42.43 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 35.17 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 16.89 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 250.30 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 41.74 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 25.34 User: VLOPEZ -Veronica Lopez Page: 39 Current Date: 03/25/200 ReporLCK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:04:5 CITY OF RANCHO CUCAMONGA P66 Agenda Check Resister 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name Amount AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 18.54 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 17.92 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 16.32 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 16.89 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 16.89 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 112.70 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 24.16 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 46.32 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 25.41 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 22.60 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 16.89 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 16.89 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 190.22 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 1,061.56 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 22.71 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 53.32 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 15.76 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 11.82 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 34.41 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 16.89 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 46.12 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 17.97 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 16.91 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 59.01 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 17.06 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON SS.6S AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 82.21 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 154.39 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 89.81 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 53.76 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 16.33 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 17.62 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 94.28 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 131.89 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 84.67 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 30.66 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 17.31 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 71.30 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 17.76 AP - 00280495 3/] 8/2009 SOUTHERN CALIFORNIA EDISON 18.54 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 16.89 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 44.47 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 16.89 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 17.62 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 15.76 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 16.33 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 17.47 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 19.56 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 17.76 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 16.89 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 16.89 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 17.76 AP - 00280495 3/]8/2009 SOUTHERN CALIFORNIA EDISON 16.89 AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON 18.54 User: VLOPEZ -Veronica Lopez Page: 40 Current Date: 03/2S/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 16:04:5 CITY OF RANCHO CUCAMONGA Agenda Check Resister 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Name AP - 00280495 3'18/2009 SOUTHERN CALIFORNIA EDISON AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON AP - 00280495 3/18/2009 SOUTHERN CALIFORNIA EDISON AP - 00280495 3'182009 SOUTHERN CALIFORNIA EDISON AP - 00280496 3/18/2009 SOUTHERN CALIFORNL4 EDISON AP - 00280496 3/18/2009 SOUTHERN CALIFORNIA EDISON AP - 00280496 3/18/2009 SOUTHERN CALIFORNIA EDISON AP - 00280496 3/18/2009 SOUTHERN CALIFORNIA EDISON AP - 00280496 3/18/2009 SOUTHERN CALIFORNIA EDISON AP - 00280496 3/18/2009 SOUTHERN CALIFORNIA EDISON AP - 00280496 3/18/2009 SOUTHERN CALIFORNIA EDISON AP - 00280496 3/18/2009 SOUTHERN CALIFORNIA EDISON AP - 00280496 3/18/2009 SOUTHERN CALIFORNIA EDISON AP - 00280496 3/18/2009 SOUTHERN CALIFORNIA EDISON AP - 00280496 3/18/2009 SOUTHERN CALIFORNIA EDISON AP - 00280496 3/18/2009 SOUTHERN CALIFORNIA EDISON AP - 00280496 3/18/2009 SOUTHERN CALIFORNIA EDISON AP - 00230496 3/18/2009 SOUTHERA' CALIFORNIA EDISON AP - 00280496 3/18/2009 SOUTHERN CALIFORNL4 EDISON AP - 00280496 3/18/2009 SOUTHERN CALIFORNIA EDISON AP - 00280497 3/18/2009 SOUTHWEST MOBILE STORAGE INC AP - 00280498 3/18/2009 SPOONFACTORY AP - 00280500 3/18/2009 STERICYCLE INC AP - 00280500 3/18/2009 STERICYCLE INC AP - 00280500 3/18/2009 STERICYCLE INC AP - 00280501 3/18/2009 STOFA, JOSEPH AP - 00280505 3/18/2009 TERRY, DONNA AP - 00280506 3/18/2009 TESSIER, JEAN YVES AP - 00280507 3/18/2009 TICKETS COM INC AP - 00280508 3/18/2009 TRAFFIC OPERATIONS INC AP - 00280508 3/18/2009 TRAFFIC OPERATIONS INC AP - 00280508 3/18/2009 TRAFFIC OPERATIONS INC AP - 00280508 3/18/2009 TRAFFIC OPERATIONS INC AP - 00280509 3/18/2009 TRUGREEN LANDCARE AP - 00280509 3/18/2009 TRUGREEN LANDCARE AP - 00280509 3/18/2009 TRUGREEN LANDCARE AP - 00280509 3/18/2009 TRUGREEN LANDCARE AP - 00280509 3/18/2009 TRUGREEN LANDCARE AP - 00280509 3/18/2009 TRUGREEN LANDCARE AP - 00280509 3/18/2009 TRUGREEN LANDCARE AP - 00280509 3/18/2009 TRUGREEN LANDCARE AP - 00280509 3/18/2009 TRUGREEN LANDCARE AP - 00280513 3/18/2009 UNIQUE MANAGEMENT SERVICES INC AP - 00280514 3/18/2009 UNITED PACIFIC SERVICES INC AP - 00280514 3/18/2009 UNITED PACIFIC SERVICES INC AP - 00280514 3/18/2009 UNITED PACIFIC SERVICES INC AP - 00280515 3/18/2009 UNITED SITE SERVICES OF CA INC AP - 002805li 3/18/2009 UNITED SITE SERVICES OF CA INC AP - 00280516 3/18/2009 UNITED WAY AP - 00280517 3/18/2009 UPLAND ANIMAL HOSPITAL AP - 00280518 3/t 8/2009 UPLAND TENNIS CLUB AP - 00280519 3/18/2009 URBANO, VERNIE AP - 00280520 3/18/2009 US POSTMASTER P67 Amount 64.43 60.71 69.78 16.89 66.01 19,429.89 181.47 34.66 118.82 12,303.52 4,327.01 5,500.80 10,369.80 1,090.89 76,962.73 44.24 14,992.80 4,212.90 2,868.67 2,727.75 12,120.96 405.00 472.50 520.60 285.50 285.87 12.00 171.50 2,000.00 1,190.64 4,762.58 2,597.66 2,209.50 697.03 4,402.44 3,151.20 566.08 251.74 7,098.72 757.35 601.83 274.21 1,481.86 789.57 28,135.00 6,600.00 10,297.00 217.78 132.71 288.82 200.00 ] ,123.20 532.00 180.00 User: VLOPEZ-Veronica Lopez Page: 4] Keport:CK_AGENDA_REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Curren[ Date: 03/25/200 Time: 16:04:5 CITY OF RANCHO CUCAMONGA pgg Agenda Check Register 3/11/2009 through 3/24/2009 Check No. Check Date Vendor Namc Amount AP - 00280521 3/18/2009 USPS 5,469. 10 AP - 00280522 3/18/2009 VALDEZ, RACHELLE 129. 60 AP - 00280523 3/18/2009 VANIMAN, BARRY 375. 00 AP - 00280525 3/18/2009 VERIZON 88. 08 AP - 00280525 3/18/2009 VERIZON 78 74 AP-00280525 3/182009 VERIZON 471. 94 AP-00280525 3/]8/2009 VERIZON 35. 32 AP - 00280525 3/18/2009 VERIZON 36. 56 AP-00280525 3/18/2009 VERIZON 115. 64 AP - 00280525 3/18/2009 VERIZON 36. 46 AP - 00280525 3/18/2009 VERIZON 50. 00 AP - 00280525 3/18/2009 VERIZON 38. 40 AP - 00280525 3/18/2009 VERIZON 35. 42 AP - 00280525 3/18/2009 VERIZON 110. 01 AP - 00280525 3/18/2009 VERIZON 18. 11 AP - 00280525 3/18/2009 VERIZON 18. 11 AP - 00280525 3/18/2009 VERIZON 36. 46 AP - 00280525 3/18/2009 VERIZON 12. 48 AP - 00280525 3/18/2009 VERIZON 87 80 AP - 00280525 3/18/2009 VERIZON 87 80 AP - 00280525 3/18/2009 VERIZON 35. 32 AP - 00280525 3/18/2009 VERIZON 34. 36 AP - 00280525 3/18/2009 VERIZON 87 80 AP - 00250525 3/18/2009 VERIZON 87. 80 AP - 00280525 3/18/2009 VERIZON 35. 52 AP - 00280525 3/18/2009 VERIZON 87. 80 AP - 00280525 3/18/2009 VERIZON 35 .52 AP-00280525 3/18/2009 VERIZON 76 22 AP - 00250525 3/18/2009 VERIZON 230 .57 AP - 00280525 3/18/2009 VERIZON 87 80 AP - 00280525 3/18/2009 VERIZON 49 .57 AP - 00280525 3/18/2009 VERIZON 70 .64 AP - 00280525 3/18/2009 VERIZON 35 .96 AP - 00280525 3/18/2009 VERIZON 19 .93 AP - 00280525 3/18/2009 VERIZON 87 .80 AP - 00280525 3/18/2009 VERIZON 87 .80 AP - 00280525 3/18/2009 VERIZON 35 .32 AP-00280525 3/18/2009 VERIZON 38 .31 AP - 00280525 3/18/2009 VERIZON 154 .72 AP - 00280525 3/18/2009 VERIZON 19 .93 AP - 00280525 3/18/2009 VERIZON 47 .10 AP-00280525 3/18/2009 VERIZON 47 .10 AP - 00280525 3/18/2009 VERIZON 35 .32 AP - 00280525 3/18/2009 VERIZON 141 .29 AP - 00280525 3/18/2009 VERIZON 109 .37 AP - 00280525 3/182009 VERIZON 168 .97 AP - 00280525 3/18/2009 VERIZON 71 .05 AP - 00280525 3/18/2009 VERIZON 653 .83 AP - 00280526 3/18/2009 VIASYN INC 3,000 .00 AP - 00280527 3/18/2009 VICTOR MEDICAL COMPANY 1,170 .79 AP - 00280528 3/18/2009 VILLAGE NURSERIES WHOLESALE LLC 250 .00 AP - 00280528 3/18/2009 VILLAGE NURSERIES WHOLESALE LLC 267 .39 AP - 00280528 3/18/2009 VILLAGE NURSERIES WHOLESALE LLC 606 .27 AP - 00280529 3/18/2009 VILLENAS, FABIAN 548 .64 Uscr: VLOPEZ -Veronica Lopez Page: 42 Current Date : 03/25/200 Report:CK_AGENDA_ REG_PORTRAI T_RC - CK: Agenda Check Register Portrait Layout Time: 16:04:5 CITY OF RANCHO CUCAMONGA Aeenda Check Ret?ister 3/] 1/2009 through 3/24/2009 Check No. Check Dale Vendor Name Amount AP - 00280530 3/18/2009 WALTERS WHOLESALE ELECTRIC CO 266.60 AP - 00280530 3/18/2009 WALTERS WHOLESALE ELECTRIC CO 82.87 AP - 00280530 3/18/2009 WALTERS WHOLESALE ELECTRIC CO 124.01 AP - 00280530 3/18/2009 WALTERS WHOLESALE ELECTRIC CO 420.38 AP - 00280530 3/18/2009 WALTERS WHOLESALE ELECTRIC CO 220.48 AP - 00280531 3/18/2009 WAXIE SANITARY SUPPLY 839.76 AP - 00280531 3/18/2009 WAXIE SANITARY SUPPLY 109.71 AP - 00280533 3/18/2009 WEST END MATERIAL SUPPLY 37.42 AP - 00280534 3/18/2009 WESTERN ELECTRICITY COORDINATING COUI 11.36 AP - 00280535 3/18/2009 WESTERN MEDICAL SUPPLY INC 902.83 AP - 00280535 3/18/2009 WESTERN MEDICAL SUPPLY INC 7.89 AP - 00280536 3/18/2009 WHITE, DONNA 45.00 AP - 00280537 3/18/2009 WILLIAM LYON HOMES INC 2,700.00 AP - 00280538 3/18/2009 WORD MILL PUBLISHING 362.50 AP - 00280538 3/18/2009 WORD MILL PUBLISHING 362.50 AP - 00280540 3/18/2009 ZAILO, ROBERT 156.00 AP - 00280541 3/18/2009 ZALEWSKI, JOHN 750.00 Total for Check ID AP: 2,002,SSS.26 EP - 00000305 3/I 1/2009 FORTISTAR METHANE GROUP LLC 75,416.85 EP - 00000305 3/I 1/2009 FORTISTAR METHANE GROUP LLC 84,029.56 EP - 00000306 3/11/2009 MICHAEL, L. DENNIS 115.50 EP - 00000306 3/11/2009 MICHAEL, L. DENNIS 441.67 EP - 00000307 3/I 1/2009 SHELL ENERGY NORTH AMERICA 129,909.52 EP - 00000308 3/11/2009 VERNON, CITY OF 163,324.00 EP - 00000340 3/18/2009 PILOT POWER GROUP INC 23,850.29 Total for Check ID EP: 477,087.39 Total for Entity: 2,479,642.65 User: VLOPEZ -Veronica Lopez Report:CK_AGENDA_REG_PORTRAIT RC P69 Page: 43 CK: Agenda Check Register Portrait Layout Current Date: 03/25/200 Time: 16:04:5 STAFF REPORT ENGINEERING SERVICES DEPARTMENT Date: April 1, 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: Ping Kho, Assistant Engineer ~'~. P70 RANCHO ~UCAMONGA Subject: APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE FY 2008/2009 BUS BAY, DRIVEWAY AND ADA ACCESS RAMP IMPROVEMENTS AT VARIOUS LOCATIONS TO BE FUNDED FROM TDA-ARTICLE 3 GRANT FUND AND MEASURE I FUND RECOMMENDATION It is recommended that the City Council approve plans and specifications for the construction of the FY 2008/2009 Bus Bay, Driveway and ADA Access Ramp Improvements at Various Locations and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids." BACKGROUND/ANALYSIS The project will construct bus bay landings at the north side of Foothill Boulevard west of Archibald Avenue and west of Haven Avenue. Also, a bus pad at the west side of Vineyard Avenue and south of Ninth Street will be included. In addition, sidewalk and handicapped access ramps will be constructed at these locations and at the northeast corner of Hellman Avenue and Sixth Street to improve accessibility for handicapped persons. Staff has determined that the project is Categorically Exempt per Article 19, Section 15301 (a) of the CEQA guidelines. The Engineer's estimate is $165,000 including a 10% contingency and costs for printing, surveying and materials testing. Legal advertising is scheduled for April 7 and April 14, 2009 with a bid opening at 2:00 p.m. on Tuesday, April 28, 2009 unless extended by addenda. Respectfully submitted, ar euer Director of Engineering Services/City Engineer MAS/PK:Is Attachments: Vicinity Map and Resolution P71 VICINITY MAP FY 2008/2009 BUS BAY, DRIVEWAY AND ADA ACCESS RAMP IMPROVEMENTS AT VARIOUS LOCATIONS PROJECT LOCATION Almond Rd Hillside Rd Banyan ~N y r:a _; > a a ti .., C ~ - ~ 9 1tt w O ~ Q ~ :.. - i ~ ' . m o. .$ . . r ~ . ` ~~~ 1 T ~ r ` _~ } ~ u ~ ' v~f ~ m _. ~ L Base Lim 8th Sf 10 Freew~ .- x ..,~r _, ,' \ :~ ~ ; Q a~. ( ~ ~ ~ „~ ~ ~ h~ rt '~ _~ ~ ~ 4 ~ - .: ~ ~ ~ ~ . `'' R~ ti "~` -411ilson Av / - I =.~ . - J ,` `- - - _ _ : r--~ ~I ~ ~ 'I 4th St r s II''`` -- - ~.Q~--"t4 ----m ~- - Route 30 Highland Av C L=irie;Rd a. ',~ ~,- ~"'-. ;r"i t ~, ~;i._ .-. rlr tar; Rt Free P72 RESOLUTION NO. Q9-0..5~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE FY 2008/2009 BUS BAY, DRIVEWAY AND ADA ACCESS RAMP IMPROVEMENTS AT VARIOUS LOCATIONS IN SAID CITYAND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared specifications forthe construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for the "FY 2008/2009 BUS BAY, DRIVEWAY AND ADA ACCESS RAMP IMPROVEMENTS AT VARIOUS LOCATIONS": BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required bylaw for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m. on Tuesday, April 28, 2009, sealed bids or proposals for the "FY 2008/2009 BUS BAY, DRIVEWAY AND ADA ACCESS RAMP IMPROVEMENTS AT VARIOUS LOCATIONS" in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "FY 2008/2009 BUS BAY, DRIVEWAYAND ADAACCESS RAMP IMPROVEMENTS AT VARIOUS LOCATIONS": PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed; and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of perdiem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of P73 RESOLUTION NO. April 1, 2009 Page 2 such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done underthe attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public work's project and which administers the apprenticeship program in that trade fora certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices tojourneymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or B. When the numberof apprentices in training in the area exceeds a ratio ofone to five, or C. When the trade can showthat it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices orjourneymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall complywith the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements maybe obtained from the Director of Industrial Relations, ex-officio the AdministratorofApprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be P74 RESOLUTION NO. April 1, 2009 Page 3 governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.8. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; Including but not limited to a Class "A"License (General Engineering Contractor) or Specialty Class "C" in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, togetherwith the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. P75 RESOLUTION NO. April 1, 2009 Page 4 Copies of the plans and specifications, available at the office of the City Engineer, Plaza Level Engineering Counter, will be furnished upon application to the City of Rancho Cucamonga, and payment of $35.00 (THIRTY-FIVE DOLLARS); said $35.00 (THIRTY-FIVE DOLLARS) is non- refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non- reimbursable payment of $15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and overhead. The request for plans and specifications should include the title of the requested project and bidder's business card, including valid mailing address, phone and fax number, and a-mail address. Please note that plans and specifications will not be processed, given out or mailed until payment is received, which shall include the cost of the plans and specifications and the stated mailing fee or bidder's FedEx account number, if applicable, until the information above is received. Checks/request shall be addressed as follows: City of Rancho Cucamonga Attention: Engineering Plaza Level 10500 Civic Center Drive Rancho Cucamonga, CA 91730 No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, reserves the right to reject any or all bids By order of the Council of the City of Rancho Cucamonga, California. Dated this 1 s' day of April, 2009 Publish Dates: April 7 and April 14, 2009 PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this 1 s' day of April, 2009. Donald J. Kurth, M.D., Mayor P76 RESOLUTION NO. April 1, 2009 Page 5 ATTEST: Janice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 151 day of April, 2009. Executed this 1 s' day of April, 2009, at Rancho Cucamonga, Califomia. Janice C. Reynolds, City Clerk ADVERTISE ON: April 7 and April 14, 2009 STAFF REPORT Eti GIti EF.RIti G SERVICES DEPART>vfEI~T Date: April 1, 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: Ping Kho, Assistant Engineer Pk. P77 RANCHO cUCAMONGA Subject: APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE VICTORIA PARK LANE PAVEMENT REHABILITATION FROM FAIRMONT WAY TO ROCHESTER AVENUE AND FROM 300' EAST OF DAY CREEK BOULEVARD TO BASE LINE ROAD TO BE FUNDED FROM PROPOSITION 16 FUNDS RECOMMENDATION It is recommended that the City Council approve plans and specifications for the construction of the Victoria Park Lane Pavement Rehabilitation project from Fairmont Way to Rochester Avenue and from 300' east of Day Creek Boulevard to Base Line Road and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids." BACKGROUND/ANALYSIS This is a pavement rehabilitation project to cold plane and overlay portions of Victoria Park Lane with asphalt rubber pavement. The project will be scheduled during the school summer break to minimize impacting three neighborhood schools. Staff has determined that the project is Categorically Exempt per Article 19, Section 15301 (a) of the CEQA guidelines. The Engineer's estimate is $649,810 including a 10% contingency and costs for printing, surveying and materials testing. Legal advertising is scheduled for April 7 and April 14, 2009 with a bid opening at 2:00 p.m. on Tuesday, April 28, 2009 unless extended by addenda. Respectfully submitted, er Director of Engineering Services/City Engineer MAS/PK:Is Attachments: Vicinity Map and Resolution P78 VICINITY MAP VICTORIA PARK LANE PAVEMENT REHABILITATION FROM FAIRMONT WAY TO ROCHESTER AVE. AND FROM 300' EAST OF DAY CREEK BLVD. TO BASE LINE RD. PROJECT LOCATION a ' ~ ~ ~ a o x ,. itl ' ^ ` + ~ . ~ , \ ~ Almond Rd ' a i ~ r _ 'j ~ I ~ ~ i ~, ' Qig- y ~ Hillside Rd _ _ - t .. - iti ~ ~ J; ._ ~ i U ., l _ , mmo~w i ~ %~, w I Wil ~ - ID sonAv Banyan 5£ - ~~ r . - ',~ `~ ¢ v` ~ ` - I ` L, , _r ~- - _ Route 30 ~~ -t- - "`" .. - ~t - ~ I ~ io - 19th St _ ~ ° ~ ` r ~ ' -1 - ighland Av _ _i r r~ .~T .~ F ~ _ ..... . Base linc-Rd'~. ~ ~" °~ ~ asst=mend J, -~i ~ .I - = i ~ ~I _ FoothigB~ ~ I ~'~~ ~ Foo~tull}81 . ~ _ , Arrov{;~}~tt ~ .v l - ~I _ ~ n'ow Rt Bth St' -. - - Q Bt#i St _'~ - _ 'a,`-- _ -Q-i_1. - ~_- ~ ~ ~``- ~ :r'" _ ' .. '' ,. 4th St c °--cam '"1S'~ _~~= m ~~~`.~~~.:5.~0 Freed ~ ~ a m s ill P79 RESOLUTION NO. 6 q ~ 5Z A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE VICTORIA PARK LANE PAVEMENT REHABILITATION FROM FAIRMONT WAY TO ROCHESTER AVENUE AND FROM 300' EAST OF DAY CREEK BOULEVARD TO BASE LINE ROAD IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared specifications forthe construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications forthe "VICTORIA PARK LANE PAVEMENT REHABILITATION FROM FAIRMONT WAYTO ROCHESTER AVENUE AND FROM 300' EAST OF DAY CREEK BOULEVARD TO BASE LINE ROAD": BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required bylaw for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m. on Tuesday, April 28, 2009, sealed bids or proposals for the "VICTORIA PARK LANE PAVEMENT REHABILITATION FROM FAIRMONT WAY TO ROCHESTER AVENUE AND FROM 300' EAST OF DAY CREEK BOULEVARD TO BASE LINE ROAD" in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "VICTORIA PARK LANE PAVEMENT REHABILITATION FROM FAIRMONT WAY TO ROCHESTER AVENUE AND FROM 300' EAST OF DAY CREEK BOULEVARD TO BASE LINE ROAD": PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of perdiem P80 RESOLUTION NO. April 1, 2009 Page 2 wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, Califomia, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor orsubcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public work's project and which administers the apprenticeship program in thattradefora certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage bythejoint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or When the numberof apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices orjourneymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements maybe obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. P81 RESOLUTION NO. April 1, 2009 Page 3 Eight (8) hours of laborshall constitute a legal day's work forall workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.8. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; Including but not limited to a Class "A"License (General Engineering Contractor) or Specialty Class "C" in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, togetherwith the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. P82 RESOLUTION NO. April 1, 2009 Page 4 The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. Copies of the plans and specifications, available at the office of the City Engineer, Plaza Level Engineering Counter, will be furnished upon application to the City of Rancho Cucamonga, and payment of $35.00 (THIRTY-FIVE DOLLARS); said $35.00 (THIRTY-FIVE DOLLARS) is non- refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non- reimbursable payment of $15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and overhead. The request for plans and specifications should include the title of the requested project and bidder's business card, including valid mailing address, phone and fax number, and a-mail address. Please note that plans and specifcations will not be processed, given out or mailed until payment is received, which shall include the cost of the plans and specifications and the stated mailing fee or bidder's FedEx account number, if applicable, until the information above is received. Checks/request shall be addressed as follows: City of Rancho Cucamonga Attention: Engineering Plaza Level 10500 Civic Center Drive Rancho Cucamonga, CA 91730 No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, reserves the right to reject any or all bids. By order of the Council of the City of Rancho Cucamonga, California. Dated this 1 s' day of April, 2009 Publish Dates: April 7 and April 14, 2009 P83 RESOLUTION NO. April 1, 2009 Page 5 s PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this 1 day of April, 2009. Donald J. Kurth, M.D., Mayor ATTEST: Janice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 15' day of April, 2009. Executed this 15' day of April, 2009, at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk ADVERTISE ON: April 7 and April 14, 2009 R A N C H O C U C A M O N G A ~~.,... ~.. ~4.,t.. ~ ~ a~a.w. ,uw I:::J' .,w_x3. tt~xn~r u'h.~u.v«u}a:~~eu.-.. ~ .. .i ...l.:cfi..eu..~ .`k. ..._.. RANCHO C U C A M O N G A P O L I C E Staff Report TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Joe Cusimano, Chief of Police, Rancho Cucamonga Police DATE: April 1, 2009 SUBJECT: ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, THE POLICE DEPARTMENT HAS APPLIED TO RECEIVE FUNDING FROM THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009. THE UNTIED STATES OFFICE OF JUSTICE PROGRAMS, BYRNE JUSTICE ASSISTANCE GRANT HAS ALLOTTED THE CITY OF RANCHO CUCAMONGA $175,917.00. THE COUNTY OF SAN BERNARDINO LAW AND JUSTICE GROUP SHALL SERVE AS THE FISCAL AGENT/GRANT ADMINISTRATOR AND THE CITY OF RANCHO CUCAMONGA AGREES TO PAY THEM A FEE OF FIVE PERCENT, $8,796.00 FOR ADMINISTRATIVE COSTS. THE NET AWARD AMOUNT SHALL BE $167,121.00. RECOMMENDATION: The Rancho Cucamonga Police Department recommends the council accept grant revenue in the amount of $175,917.00 from the United States Office of Justice Programs, Byrne Justice Assistance Grant. It is also recommended the council agree the County of San Bernardino, Law and Justice Group, serve as the fiscal agent/grant administrator and the city of Rancho Cucamonga shall agree to pay them a fee of five percent (5%), $8,796.00, for administrative costs. The net award amount shall be $167,121.00. BACKGROUND ANALYSIS: On February 17, 2009, President Barack Obama signed into law the American Recovery and Reinvestment Act of 2009. The United States Office of Justice Programs, Byrne Justice Assistance (BJA) recently announced the availability of grant funds to state and local units of government through the Byrne JAG Grant. This program allows state and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justices system. Through the American Recovery and Reinvestment Act JAG has earmarked the city of Rancho Cucamonga $175,917.00. P84 P85 The County of San Bernardino, Law and Justice Group shall serve as the fiscal agent/grant administrator. In accepting the grant, the city of Rancho Cucamonga agrees to pay the San Bernardino County Law and Justice Group a fee of five percent (5%) of the award amount $8,796.00 for administrative costs. The net award amount shall be $167,121.00. FISCAL IMPACT: None. This action only allows the Police Department to meet the requirements set forth by the United States Office of Justice Programs to complete the application for funding. CONCLUSION: It is recommended the Rancho Cucamonga City Council accepts grant funds made available through the American Recovery and Reinvestment Act of 2009. Respectfully submitted, Joe Cusimano Chief of Police -2- P86 STAFF REPORT COSL'lIli\ITP SERVICES DEP.1R'I'~fE~:T Date: April 1, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Kevin McArdle, Community Services Director By: Ryan Samples, Community Services Supervisor~_ RANCHO cUCAMONGA Subject: APPROVAL OF A REQUEST FROM "4 A SAFE RIDE HOME" ORGANIZATION FOR THE WAIVER OF CENTRAL PARK ROOM RENTAL FEES FOR A FUNDRAISING EVENT TO BE HELD ON APRIL 17, 2009 RECOMMENDATION: It is recommended that the City Council approve a request from "4 A Safe Ride Home", a non-profit organization, for the waiver of the Central Park room rental fees for a fundraiser scheduled for Friday, April 17, 2009. BACKGROUND/ANALYSIS: The City has received a request from "4 A Safe Ride Home', anon-profit organization, to hold a BINGO fundraiser at Central Park Friday, April 17, 2009. The mission of "4 A Safe Ride Home" is to fund cab rides for individuals as an alternative to drinking and driving. Staff recommends that City Council consider the waiver of rental fees associated with the proposed BINGO fundraiser as it promotes a safe alternative to drinking and driving. The organization would still be required to pay direct fees and charges associated with obtaining permits and insurance to conduct their event and would have to comply with all facility rental policies and regulations. The City Council has waived the fees for this organization's BINGO fundraising events held in 2007 and 2008. FISCAL IMPACT: The fiscal impact to the City for the waiver of fees totals $987.54. Respe~ttully submitted, // / vV` /~~ Kevin cArdle Community Services Director Attachment ~`~`m°~'°~ P87 ~~ 4 A SAFE RIDE HOME 8780 19'" St. # 310 • Alta Loma, CA 91701 • Phone (909) 481-8300 • Fax (909) 481-4608 Duatin Plummer ,,6, ,,,, . ~ ,,.,~ a California Non-Profrt Corporation Tax /D # 20-8!88875 a...r•na•nom•.mm Mazch 18, 2009 City of Rancho Cucamonga City Council RE: BINGO Night, April 17`~ Deaz City Council, 4 A Safe Ride Home is currently seeking your support for our upcoming fundraising event to be held on April 17, 2009 by asking that you waive the rental fee at the Rancho Community Center where we will be hosting our annual BINGO night. Our goal is to sell over 300 tickets and to raise over $8,000.00. We hope to continue to promote awareness within our community about the dangers of drinking and driving. 4 A Safe Ride Home wants to keep drunk drivers off the roads and will continue "Saving lives.... One Ride at A Time". With your generosity, we will be able to continue to provide courtesy cab rides for those in need of a safe ride home. To date we have given over 2700 rides. Once again, we greatly appreciate your support. If you should have further questions, feel free to contact us at (909) 481-8300 or you can visit our web site at www.4asaferidehome. com. Sincerely, Sue Plummer 4 A Safe Ride Home Inc. P88 STAFF REPORT - RA\CiiO COCA\f0\GA PCRLIC LIBRARY Date: April 1, 2009 RANCHO C,UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Robert Karatsu, Library Director Subject: APPROVAL TO RENEW EXISTING CONTRACT NUMBER 05-124 WITH BRODART, INC., TO PROVIDE BOOK PROCESSING AND TECHNICAL SERVICES TO THE RANCHO CUCAMONGA LIBRARY SERVICES FOR AN ADDITIONAL THREE YEARS (3) YEARS, RENEWABLE IN ONE (1) YEAR INCREMENTS UPON MUTUAL CONSENT, AND EXPEND APPROVED FUNDING IN ACCORDANCE WITH THE ADOPTED BUDGET LINE ITEMS FOR ACCOUNT NUMBERS 1290606-5200 AND 5300 AND 1290607-5200 AND 5300. RECOMMENDATION It is recommended that the City Council approve the renewal of existing contract number 05-124 with Brodart, Inc., to provide book processing and technical services to the Rancho Cucamonga Library Services for an additional three years (3) years, renewable in one (1) year increments upon mutual consent, and expend approved funding in accordance with the adopted budget line items for account numbers 1290606-5200 and 5300 and 1290607-5200 and 5300. BACKGROUND ANALYSIS At the meeting of September 3, 2003, the Redevelopment Agency Board and City Council approved contracting with Brodart, Inc., the low bidder in an open, competitive bid process, to supply book materials and cataloging services for the Rancho Cucamonga Library Services, including 70,000 new titles for the opening of the Paul A. Biane Library. As part of the bid process, the Library also contracted with Brodart to supply book processing and technical services for three years. In 2006, upon expiration of the book processing and technical services contract, this contract was renewed for an additional three years because of the excellent work and responsiveness of Brodart, Inc. The current renewal is due to expire on March 31, 2009 for book processing and technical services. Therefore, Staff recommends renewing contract number OS-124 for an additional three (3) years, renewable in one (1) year increments upon mutual consent, The additional recommendation is to expend funding in accordance with the adopted budget for books and processing. FISCAL IMPACT None. This action only renews an existing contract. Respectfully submitted. Robert Karatsu Library Director STAFF REPORT \ ENGINEERING SERVICES DEPART:vfENT RANCHO Date: April 12009 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: Mark Brawthen, Contract Engineer Subject: APPROVAL OF DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND BELLA VICTORIA, LP (DEVELOPER/OWNER) FOR THE RESIDENTIAL PROPERTY DESCRIBED IN EXHIBIT "A" OF THE AGREEMENT GENERALLY LOCATED AT THE NORTHWEST CORNER OF EAST AVENUE AND MILLER AVENUE AND IDENTIFIED AS TRACT MAP NO. 17919 It is recommended that City Council adopt the attached resolution approving the subject agreement for development impact fee deferral and authorizing the Mayor and the City Clerk to sign said agreement. BACKGROUND/ANALYSIS Staff received a request to deferral of development impact fees from Bella Victoria, LP regarding residential property generally located at the northwest corner of East Avenue and Miller Avenue. The Developer/Owner has completed the agreement for deferral of development impact fees and has met all the requirements and is willing to be bound by the provisions of the agreement with respect to paying said impact fees. A copy of the agreement is available in the City Clerk's Office. Respectfully submitted, A':'S'f'euer Director of Engineering Services/City Engineer MAS/MNB:akt P89 Attachment(s) _ W N CITY OF ITEM: U i C ! N.iTY MA P RANCHO CUCAMONGA TITLE: TRACT NO, (~9~9 ENGWEERING DIVISION EXHIBIT: P90 P91 RESOLUTION NO. O ~' D 5,J A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT WHEREAS, Bella Victoria, LP desires to develop residential property located at the northwest corner of East Avenue and Miller Avenue within the City of Rancho Cucamonga in compliance with the State Subdivision Map Act and Local Ordinance No. 28 adopted pursuant to the Act; and WHEREAS, Bella Victoria, LP desires to defer development impact fees until occupancy of said developed residential property; and WHEREAS, the requirements established as prerequisite to approval of the development impact fee deferral agreement have now been met by entry into an Agreement with said DeveloperlOwner. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY RESOLVE that said Agreement is hereby approved, and the Mayor is hereby authorized to sign said Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest and is hereby authorized to file record. Donald J. Kurth, MD., Mayor ATTEST: Janice C. Reynolds, City Clerk STAFF REPORT - tiNGINI'.1.?RING SISIt\'1CI?ti DER.AR"PMEN'1' RANCHO Date: April 1, 2009 CjUGAMONGA 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 M. David, Associate Engineer ' Shelley Hayes, Assistant Engineer Subject: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $339,698.20 TO THE APPARENT LOW BIDDER, MEGA WAY ENTERPRISES, AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $33,969.82, FOR THE FOOTHILL BOULEVARD / ETIWANDA AVENUE SIDEWALKS AND BLOCK WALLS, AND THE WILSON AVENUE MEDIAN MODIFICATION AT FIELDS PLACE PROJECT TO BE FUNDED FROM MEASURE I FUNDS, ACCOUNT NOS. 11763035650/1675176-0, 1 1 76 3035650/1 6701 76-0 AND 11763035650/1671176-0, RDA FUNDS, ACCOUNT NO. 2640801-5650/1670640-0 AND LMD9 FUNDS, ACCOUNT NO. 11393035650/1671139- 0 AND APPROPRIATE $60,000.00 TO ACCOUNT NO. 11763035650/1675176-0, $150,000.00 TO 11763035650/1670176-0 AND $35,000.00 TO ACCOUNT NO. 1 1 76 30356 50/1 671 1 76-0 FROM MEASURE I FUND BALANCE, $151,500.00 TO ACCOUNT NO. 2640801-5650/1670640-0 FROM RDA FUND BALANCE AND $57,000.00 TO ACCOUNT NO. 1 1 393035650/1 671 1 39-0 FROM LMD9 FUND BALANCE RECOMMENDATION It is recommended that the City Council accept the bids received and award and authorize the execution of the contract in the amount of $339,698.20 to the apparent low bidder, Mega Way Enterprises, and authorize the expenditure of a 10% contingency in the amount of $33,969.82, for the Foothill Boulevard / Etiwanda Avenue Sidewalks and Block Walls, and the Wilson Avenue Median Modification at Fields Place Project, to be funded from Measure I Funds, Account Nos. 11763035650/1675176-0, 11763035650/1670176-0 and 1 1 7630356 50/1 6 71 1 76-0, RDA Funds, Account No. 2640801-5650/1670640-0, and LMD9 Funds, Account No. 11393035650/1671139-0 and appropriate $60,000.00 to Account No. 11763035650/1675176-0,$150,000.00 to Account No. 11763035650/1670176-0 and $35,000.00 to Account No. 11763035650/1671176-0 from Measure I fund balance, $151,500.00 to Account No. 2640801-5650/1670640-0 from RDA fund balance and $57,000.00 to Account No. 11393035650/1671139-0 from LMD9 fund balance. BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on March 10, 2009, for the subject project. The Engineer's estimate for the base bid was $544,763.00. Staff has reviewed all bids received and found them to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds the apparent low bidder meets the requirements of the bid documents. A portion of the appropriated funds will be used for construction support services such as surveying, soils and materials testing and inspection. P92 P93 CITY COUNCIL STAFF REPORT Re: Award Foothill Boulevard / Etiwanda Avenue Sidewalks and Block Walls, and the Wilson Avenue Median Modification at Fields Place Improvements April 1, 2009 Page 2 The scope of work consists of removal of existing A.C. pavement, existing P.C.C. curb and other miscellaneous items affected by the proposed sidewalk and the median modification, construction of retaining curb, retaining wall, median curb, curb and gutter, block wall, access ramps, concrete sidewalk, A.C. paving and installation of new street lights and traffic signs. The contract documents call for fifty (50) working days to complete this construction. Respectfully submitted, euer Director of Engineering Services/City Engineer MAS/RMD/SH:Is Attachments P94 VICINITY MAP ONTARIO CITY LIMIT CITY OF RANCHO CUCAMONGA FOOTHILI. BLVD./ETIIPANDA AVE. SIDEVYALK a/s of smrerma evs - reaY sis~ s/o c~s-rxvr evs. To i4o~ x/o c~or sva. s/s or rooT~a, eva - t~xou sus' */o co~nrea ro 2ia' s/o caxxrea evs. N N.T.S. P95 h U 7 O~ F ~~ a rE-i z U ,. z F ~. ~ O_ Ch E. O U w ~ --+ U ~ U ~~ ~ O '~~, a ~® o w ~, d z U O a BIDBUMMARY P00. BID OPENING MARCN W, 5009 avvaBEHILOwp100Ep z FOOTHILL BI / ETIWANDA A V SIDEWALKS AND BLOCK WALLS, AND WILSON AVE MEDIAN MOD AT FIELDS PL elecDaclcR'B BBifWSTE aswA mAT rnnpvRts® aap eopCRCSa mc. t1m vm smr asrt so 9TT vrrt osecwnos i enovsr mm uovn RIN AN U INV (IN LU ALL 1 1 L$ REMOVALS. AND MOBILZATION AND GRADING) 530.000.00 sw.ao6.os .nS.om °° ns.ogo.ao n6.6os.oo• aao.o66.60 CONSTRUCT SASPHALTCONCRETE Z 395 TONS PAVEMENT 5105.00 s•I <]s.o9 'u'Po' n>'>e5a6 w.o6 ne,u5a9 CONSTRUCTTA.C. PAVEMENT OVER NATNE 3 6] TONS IWIDTH PER PLAN 1 Sta3.00 n,65566 sv0.00 st Lag6 o9 5105.00 S>.635g0 . CONSTRUCT 6'CRUSHED AGGREGA TE BASE a 302 TONS , CLASS II 0 ns o6! nsss oo s•s.so siS sg6 ao 550.0 ns.loo.06 . . CONSTRUCT 0' THICK P.L.C. SIDEWALK. WIDTH 5 6.49] SF PER PLAN. PER STD DWG. N0. fOf AND 103 g6.00'~ ue.gex.6g n.9a ne.e•uo ns9' Sx•.9q.m CONSTRUCT 6'LURB6 GUTTER (TYPE A2-07 ~ 6 611 LF PER CITY STD.DWG. NO. 100. 445.00 us~gS.W slaAF lll.el]e6 noo6 Lb.xxo.oo FINISH WITH CAPPER CITY STD. N0. 608, I I i INCLUDING REPLACEMENT OF EXISTING Sae oo ssx.u•.oo t stxs.00 na na.oo LANDSCAPE, IRRIGATION, INSTALLATION OF , ] 59] LF TEMPORARY FENCE DURING CONSTRUCTION 415000 ue.9s9.6o CONSTRUCT VARIABLE HEIGHT RETAINING 1 WALL PER CITY STO.DWG. NO. 604 WITH 910596 aldgg os a65 oo' ss.a>6.o6 8 ]B LF STUCCO FINISHED TO MATCH EXISTING WALL 5120.00 se SB6.99 CONSTRUCT RETAINING CURB VARIES HEIGHT O'T01.5'WITH STUCCO FINISHED TO MATCH stpoo sip W.90 saom E19a6.96 9 95 LF EXISTING WALL. 51200 it.f46.66 CONSTRUCT RIVER WASHED GRANITE ID 280 5E COOBLESTONES PER CITY STD N0 5 2 ' fl6.W nA99.99 nam 9e.9W.99 . . 4 56.00 Ap•0.99 INSTALL 3' O STREET LIGHT CONDUIT, t,3B0i LF.PULL ROPE AND PULL BOXES (COORDINATE suaa9.96 au.Sm.99 a1ao9.Wl als.oos.o6 IS 1 LS WITN EDISON CO.1 (COMPLETE IN PLACE) 516.000.00' 918.009.99 12 3 EA RELOCA TE SIGNS 5300.00 sgC0.09 noo.oo no9.o9 st]5.00 uxs.o9 ]3 1 LS TRAFFIC CONTROL St2.00000' six.M9.Op al.SWm~ St,aa9.99 n,so9 o9 n.s99.ao TRAFFIC SIGNING, STRIPING AND PAVEMENT 14 1 LS MARKINGS PER PLAN. COMPLETE IN PLACE $I.000W n.o99.9o saa9o.9o N,2W.a9 N,0.M.o9~ sa.99BOo 15 20 LF INSTALL CHAIN LINK FENCE IN LIKE AND KIND 520.00 Sg9o.00 Sizs.a9' usoo.o6 na0.00~ sx.eo9.o9 Sub[OtEI n0e.5T1.00 Sie>,63].t5 a219.fi0t.10 ETIWANDA AVENUE SIDEWALKS AND BL OCK WALLS I CLEARING AND GRUBBING(INCLUOES ALL 16 1 LB REMOVALS. AND MOBILIZATION ANO GRADING 520.000.00 axo 909.90 nS,0o0.90 su.9o0 o9 Siz,99o.a9 ssx.9o9 o9 C. PAVEMENT OVER NATIVE. ll 20 IONS WIDTH PER PLAN §105.OO sv99 oo smo o9 n.eo9.o9 av9.9o n.499.00 CONSTRUCT 4'THICK P.C.C. SIDEWALK, WIDTH '' 18 ].552 SF PER PLAN. PER STD. DWG. N0. 101 AND 103. $6.00' Ns.9tx.o9 92.901 nt9W.69 nao a>sa9 a9 $HEET2AND STANDARD t02. PER PLAN, uoo.aa' fiaa9.oo a1.99609 s?9a9 a9 19 2 EA COMPLETE IN PLACE b5o0m. s1.o99.09 CONSTRUCT B'BLOCK WALL (SPLIT FACE - FINISHWITI CAP) PER CITY STD. NO. 606, I INCLUDING REPLACEMENT OF EXISTING ~ ue.o9 Ss•.x9e.o0 atxb.o9 SRAIa.o9 LANDSCAPE. IRRIGATION, INSTALLATION OF ' 20 816 LP TEMPORARY FENCE DURING CONSTRUCTION 5150.00 n?•99.00 ~ INSTALL J' O STREET LIGHT CONDVIi, 1,3603 LF.PULL ROPE AND PULL BOXES (COORDINATE s115W.W~ st],SW.D] su,000.00' slaOCO.W 21 f LB WITH EDISONI !COMPLETE IN PLALEI Sf 2.000m slx.oro.09 22 ] EA RELOCATE SIGNS S30(100 ax.199 o9 509.00 no0.a9 si>s.0o~ sllxs.00 23 1 LS TRAFFIC CONTROL §B OOO pO booom 51.500.09 SI.so0.00 n.so699 n.s9o.90 TRAFFIC SIGNING, STRIPING AND PAVEMENT 2a 1 LS MARKINGS PER PUiN, COMPLETE IN PLACE 53.000.00 n.oo9.09 3L200.00 bLx00.00 31.0]5.001 Ao]s.99 5ubwtel sIa591x.09 st u.99e.e0 I st]LIDS.fi9 WILSON AVENUE MEDIAN MODIFICATION CLEARING AND GRUBBING (INCLUDES ALL ' 25 1 LS REMOVALS. AND MOBILIZATION AND GRADING) 86.000001 se.o99.09 SgsW.00 59.500.00 9~a.55•]91 siass•a9 N U 4' 1 v 26 66 TONS PAVEMENT 5105.00 ao a9o.99 05.09 a5,930.99 Emx.00~ i9]S?99 CONSTRUCT 4'CRUSHEO AGGREGATE BASE 2T 59 IONS CL45511 550.00' 5x550,00 n599', s 5]500 sas.o9', Sx,555.99 INSTALL BOMANITE PAVING BRICK PATTERN 1 (BYBOMANITE)PER MANUFACNRER'S, SPECIFICATIONS. COLOR BRICK RED. BULLETIN a9s9 u.99..09 A.00. usfi+.a9 25 852 SF 3t31t-B]INTEGRAL COLOR. MATCH EXIST §8.00 a6.b1B.00 ~ CONSTRUCT BLURB ONLY (TYPEAI-07 PER x9 2fl LF CITY STO.DWG. NO. 100. 530.00 u.u6o0 SI4.>s n.9gT35 n9.99i fs ax9.9o CONSTRUCT P.C.C. PAVEMENT MATCH 3D 2B 5F EXISTING. 516.00 s«e.0e n9.99 Ssa9.a9 s1500 sg29.W INCLUDING RELOCADNG TWO EXISTING VALVES, REMOVAL OF ONE EXISTING VALVE ~ aL000.00 n.000 o0 st9o9.99 a1.W0.0O ANO REMOVAL OFALL EXISTING SPRAY HEADS. 31 1 LS PER IRRIGATION PUIN !COMPLETE IN PLACE) 53.000.00 n,o99.99 CAR ULLY M VE I R AN BOX THEM i0 APPROPRIATE BOX SIZE RANGE ' FROM 3B"T04B'BOX ANO PLACE THEM ON THE uso'00' a•.9a9.9o as>599 S9,gs9.99 32 f4 EA SAFE AREA E50000'~ sno99.o9 TRAFFIC SIGNING. STRIPING AND PAVEMENT 33 1 LS MARKINGS PER PLAN, COMPLETE IN PLACE $2,000.00 Sx,W0.00 n,100.00~ n,loo.a0 9x.90o.a0 n9M.oo 34 1 LS TRAFFIC CONTROL $5.000.00' Ys.a9n a9 SlsoO OOi aL5W.90 53509.00' 52500.00 9Ybt0191 539,2]0.00 aG I.O5fi.25 551.595.30 TOTAL ~ S6M.>63.Po a3]9.69a.x0 aWx.30 x.Y01 P96 bID SUMMARY FOR BID OPENING MARCH IO,E009 S a ¢ ^(T FOOTHILL BI / ETIWANDA AV SIDEWALKS AND BLOCK r J WALLS. AND WILSON AVE MEDIAN MOD AT F[ELD$ PL WH6FIER PAVAC RC nnc nowDVAi aaoanmaaa n.c COEBTRDrnoR w. uart vaei waaeeasr asrt ® wbsarnn u•rt Pacmnoa wm Arnvm wm Arovm wm u9vm "room A I GAN RU ING(IN LUD ALL 1 t LE REMOVALS AND MOBttRADONAN yax.oo9.oB w.ooo 9o ooo sro 09 sxa oo9 00 . p GRADINGI d30.D00. DO sxo.ooo.oo . . . . . CONSTRUCT S'ASPHALT CONCRETE 2 385 TONS PAVEMENT 585001 wns.oo ml ao s:e.wsoo sae ze I n¢,9ro.¢o CONSTRUCi3'A.C. PAVEMENT OVER NATIVE 3 0> TONS WIDTH PER PLAN Sfdp Dpi ay~op aaoo. W,lua slas!s; ~ s9.oTS.is CONSTRUCT 6'CRUSHED AGGREGA TE BASE, ~ ~ 4 302 TONS CLAS511 SZ).OO afid.6a.o0 fi9.w atx.oe9m I ao.9 Sgv~Oo ~ CONSTRUCT O'iHICK P.C.C. SIDEWALK, WIDTH 5 B.ABT SF PER PLAN. PER STp. DWG. NO. f Of AND ID3. $2.901 atfi,ealao ntzs ssl,usaE Sxoe ue.oal.¢¢ CONSTRUCT B'CURB 6GUTTER (TYPE A2-8') ~ 6 01f LF PER CITY STp.DWG. N0. f09. EtB.00~ m+sg6.99 a¢oe aus+aa9 93eoi ~ msaes.oo B FINISH WITHCAP)PER CITY STD. NO. 6DB, ~ i INCLUDING REPLACEMENT OF EXISTING al.o9~ L9,99.00 L916EI ML+a+.a5 LANDSCAPE, IRRIGATION, INSTALLAiIONOF > 593 LF TEMPORARY FENCE DURING CONSTRUCTION 593.00 ass 9aaoo ' CONSTRUCT VARIABLE HEIGHT RETAINING , WAIL PER CITY STD.OWG. NO. 609 WITH Axs.oO~ y9A9.o9 ilaas ~ yu.0]s.i¢ 8 )8 LF STUCCO FINISHED TO MATCH EXISTING WALL 5105.00 aa.t9o.o0 CONSTRUCT RETAINING CURB VARIES HEIGHT TUCCO FINISHED TO MATCH IS ~ 9TO9 Osis.a0 ala.wi ~ dtss0.o0 9 95 LF EX TING WALL S32.OO1 v.99a.oo CONSTRUCT RIVER WASHED GRANITE 10 280 SF COOBLESTONES PER CITY STD N0 59 1 515.3B' S+!sT.W Seas ysnxs.To I . . 2. ST00 s9,oso.oo INSTALL ]'G STREET LIGHJCONOUIT, 1,360a ' L.F.PULL ROPE ANO PULL BOXES (COORDINATE SIa,a0a.00 Elip90.0a TBJ]s.o0 ets.ll8oo ll 1 LS WITH EDISON CO. (COMPLETE IN PLACE E15.000.OOi Els.o000¢ 12 3 EA RELOCATE SIGNS Ef00001~ 9oa oo atS9.W xup9o at6¢.6> ys¢O.ot 13 f LS TRAFFIC CONTROL 53.000.001 9.000.00 S1d00.0o aP00 oo es,ooo.aoj ys oo9.o0 TRAFFIC SIGNING. STRIPING ANO PAVEMENT E4 1 CS MARKINGS PER PLAN, COMPLETE IN PLACE 58.]0000 a6.J00.o9 y+,a0o.oo aa,ooo.ao 13.995.091 ~ 9.995.00 IS 20 1E INSTALL CHAIN LINK FENCE IN UKE AND KIND 5(0.00 ~ uo0.o0 59.00 n.a¢9.0¢ m.ss I y196¢.00 BubWW 911.9W.]0 L'ta,x1295 ~ n:9hlA Ex19,Ea16i ETNJANDA AVENUE SIDEWALKS AND BLOCK WALLS I CLEARING AND GRUBBING (INCLUDES ALL i ~ 15 f LS REMOVALS. AND MOBILIZATION ANO GRADING) 525.000.00 SxS.Np.09 sv.ao0.oo axJ,a0p.o9 m0.a0om a10.0oo.m ~ CONSTRVCT]'A.C. PAVEMENT OVER NATIVE. V 20 TONS WIDTH PER PLAN St30.00 ~ s2eo0.0a a9x.0o n.ea9.oo Sxsom ss,ooo.00 DTH p ~ 18 L552 5F PER PLAN PER STD. OWG NO i0~AN010 8290 5x1.900 e0 aE'xs l sxisai oo Ex.v ss0.m¢s¢ A M SHEET 2 AND STANDARD 102, PER PLAN, 31.099.09 5x,000.99 Ex,9ooW N,690.00 E9 Z EA COMPLETE IN PLACE b1.600 op 9.x90.09 CONSTRUCT 6'BLOCK WALL (SPLITFACE ~ I FINISHWITH CAPPER CITY STp. NO. BOB, INCLUDING REPLACEMENT OF EXISTING al.0o as¢.99 oo ylm.¢s. Sal6a6.49 LANDSCAPE. IRRIGATION, INSTALLATION OF 20 B10 LF TEMPORARY FENCE DURING CONSTRUCTION 499.00 sszgo..oo ' INSTALL 3' 0 STREET LIGHT CONDUIT. 1,300: LFPULL ROPEANO PULL BOXES (COORDINATE I aa.aw.o9~ yNap9.W v+.e¢s.w ~ n+A¢SW 21 t LS WITH EDISONI (COMPLETE IN PLACE) 51550000 515509.09 22 T EA RELOCATE 81GN5 dlDp pp EfPoPo neoW atpW.00 AS¢.q 51405.01 23 t LS TRAFFIC CONTROL gi,ppp pp y1~po el loo oo al!o0 o0 as.090.w Ss.o0o.00 TRAFFIC SIGNING, STRIPING AND PAVEMENT x4 1 LS MARKINGS PER PLAN. COMPLETE IN PLACE 51.200.00' ELx00.00 s1.15o.09' x1.19.90 n..+s.o0~ sl.las.oo BubN(91 31x9.504.60 I E1xE,950.M I IIS,:Po.4'i EIR¢,590.]T WILSON AVENUE MEDIAN MODIFICATION CLEARING AND GRUBBING (INCLUDESALL ~ 25 1 LS REMOVALS.AND MOBILIZATION AND GRADING 510.000001 x11000.00 ma.>o0.00 ue.T0o.0o alxalo.o01 51:x19.00 0 H/J N 26 88 TONS PAVEMENT 5120.00 T/gx0.m Egxm. y¢AT2W s11e.19 m.999 ea CONSTRUCT <'LRUSHEDAGGREGA TE BASf, 2T 59 TONS CL45511 568.00 .u.0lx.oo SaT.oo ax.no.o0 5¢x.45 vgTg.9 INSTALL BOMANITE PAVING BRICK PATTERN lBY BOMANITE) PER MANUFACTURER'S, $PECIFICATlOf15. COLOR BRICK RED. BU(LETIN 9.00'. s+.xaOW 31 a.w 51]9200 x8 852 SF ]t]: i1dJINTEGRAL COLOR. MATCH EXIST. E5J5 9.]51.00 CONSTRUCT B'CUR9 ONLY (iYPEA1-07 PER 29 2]f LF CITY STD.OWG. N0. 109. St8.00 5x.96.00 Ts.o9; Ss,o¢5.99 5xx.a9 E6.aB9a9 CONSTRUCT P.L.C. PAVEMENT MATCH 30 2B SF EXISDNG. E60.00~ SL¢sO.W 519.9, Sx9a 0p sts.Poi ~ x+20.00 INCLUDING RELOCATING TWO EXISTING VALVES, REMOVAL OF ONE EXISTING VALVE AND REMOVAL OF ALL EXISTING SPRAY HEADS, aixa90.00 i 9txao0.oo ~ 55¢50.00 ys eso o0 ~ 31 1 LS PER IRRIGATION PLAN /COMPLETE IN PLq LE) b2.B0000 E2ma o0 Y EMOV 1ST THE SANDS % THEM TO APPROPRIATE BOX SIZE RANGE FROM 30'T09B'BOX AND PLACE THEMON THE I 5¢x1001 53,9¢090 Sc+O.ooi ae.9a0.09 32 f9 EA SAFE AREA E000.M' LLxoloO TRAFFIC SIGNING. STRIPING ANO PAVEMENT 33 1 L$ MARKINGS PER PLAN. COMPLETE IN PLACE 52.900 W' lx goom ,p la0 W' ~ 100 p¢ v,o99.09~ v.ogo.o0 39 t LS TRAFFIC CONTROL 55.000.00 ss.am.o0 31!x0.00 31.aW.o9 ys,00o.09 55.009.00 Suhtntal S¢x,lalW a¢Igx+oO 566.9x060 TOTAL taUi.iW.10 aaw,oia.9a L~36519 NlE,ox.is BID SUMMA0.Y POR BID OPENING MARCH 10,2009 e 3 FOOTHILL BI/ETRVANDA AV SIDEWALKS AND BLOCK pg Lgp,3Dp PSRS3Y msB>RVrnoR WALLS. AND WILSON AVE MEDIAN MOD AT FIELDS PL LortsrBDrnon me YA3LVl ac. vm Sm vrrr vm fo n vm Pvumfos mer 3novrt mm .uovsr rom uovm LNG AIiD U N'(IN L ALL 1 1 L$ REMOVALS.AND MOBLLZATION AND GRADING/ 510.953.00 uo9v.9o ux,aoo.BOi sv.om.w fio.aoo.9o 310.000.80 CONSTRUCT SASPHALT CONCRETE 2 395 TONS PAVEMENT tffd.BO wBO3o.oo sus.oo Sas,4xsoo sus.0oi 3asnxs.oo CONSTRUCT J"A.L. PAVEMENT OVER NATIVE 0 3 fi) TONS . WIDTH PER PLAN 1114.00 Szve.oo Lw.00 EIO,Ow.99 3115.0 n.>os.oo CONSTRUCT e"CRUSHED AGGREGA TE BASE, 6 302 TONS CLASS II E2].001 ss.15e.00 sxa oo s>.xae.oo i ale.oo w,a3o.oo CONSTRUCT d'THICK P.C.C. SIDEWALK, WIDTH I 5 B.d9] SF PER PLAN, PER STD.OWG. NO f0f ANO 103. E5.00~ vxwes.bo N.OO 3x5.988.00 a].w. uxp39.w CONSTRUCT B'LURBBGUTTER (TYPE A2d1T I ~ 5 eff LF PER CITY STD DWG. NO. IW. 52).00 A1B9zp3 us ao~ sxeafs.9o sv.a9 ve.ev.oo FINISHWRH CAP) PER CITY 810. NO. BOB, INCLUDING REPLACEMENT OF EXISTING SusoO i6B}9SO0 tu1.90• myv.o0 LANDSCAPE, IRRIGATION, INSTALLATION OF > 593 LF TEMPORARY FENLE DURING CONSTRUCTION 5105.00 ssx.zbs.oo ~ CONSTRUCT VARIABLE HEIGHT RETAINING WALL PER LItt STp.DWG. N0. fi0d WITH Sno.oo sssw.oo uoo om n,EOO.oo B >B LF STUCCO FINISHED TO MATLH EXISTING WALL 111).00 w.ubo0 CONSTRUCT RETAINING CVRB VARIES HEIGHT 0'TO tS'WITN STUCCO FINISHED TO MATLH n1o0 ss9a5.00 wsooi w,vs.9o 9 95 LF EXISTING WALL. Ed500 3a.a>s.bo I CONSTRUCT RIVER WASHED GRANITE ~ 10 290 5E COOBLESTONES PER CITY STD. N0.502. $10.00 3x.900.00 aBOO i~ sasm9o wBOO su.ow.o9 INSTALLT05TREETLIGHT CONDUIT, I,3BOx ~ I LF.PULL ROPE AND PULL BOXES (COORDINATE us.o9o.00 su.aao.ao u.o99.00~ v.ooo.oo I l t LS WITH EDISON COJ /COMPLETE IN PLACE) Sf 5.056.00 a15.bw.ao 12 J EA RELOCATE SIGNS E158.00 w)aoo 3150.00 3850.00 atw ob~ saw.oo 13 f LE TRAFFIC CONTROL Sfi.32B.00 w.sxe.ob u.a0o.o9 w.aoo.9o u.so9 m u.soo.oo TRAFFIC SIGNING, STRIPING AND PAVEMEM 1A 1 LS MARKINGS PER PLAN. COMPLETE IN PLACE 5f0.252.00~ 310 xv.oo Sa,eoo.oo~ >a.eoo.bo ss.soo.oo ss.500.w IS 20 LF INSTALL CHAIN LINK FENCE INLIKE ANO HIND t]9.>Oi fiSa.W 535.00 31,188.03 3110.00• u.xoo.oo 9ubw1G1 ~ fuEAx>.oa Y351.sOb. DJ Su9,]ab.s9 ETIWANDA AVENUE SIDEWALKS AND BL OCK WALLS CLEARING AND GRUBBING (INCLUDES ALL i 16 1 LB REMOVALS,ANO MOBILIZATION AND GRADING) 515.592.00 85598.00 us.ooom 315.000.00 u.oo3 w u,b33.oo CONSTRUCT J"A.C. PAVEMENT OVER NATIVE. 1] 20 TONS WIDTH PER PLAN 5110.00 ~' w?80.00 31 w.o0 u.aao.oo aus.ob u,3oo.00 CONSTRUCT O'THICK P.G.C. SIDEWALK. WIDTH Hue 530508 08 Haei i38 x B IB )552 SF PER PLAN. PER STD. DWG. NO f0f AND 103. fS.LN u»SO.ao . , O 00 TR IL N SHEET 2 AND STANDARp 102. PER PLAN, sx,500.D0 ss,a08.00 w,500.w u.ooo.m 19 2 EA COMPLETE IN PLACE. Ef.3Y2.00 3R.>w.oe CONSTRUCT 6' BLOCK WALL (SPLIT FACE FINISHWITH LAPP PER CITY STD. NO. BOB, ~ INCLUDING REPLACEMENT OF EXISTING ' sus.oo no.aw.oo siv.o01 ua,u3.oo LANDSCAPE. IRRIGATION, INSTALLATION OF 20 818 LF TEMPORARY FENLE DURING CONSTRUCTION $fO5.00 3ba 638 oo INSTALL 3' 0 STREET LIGHT CONDUIT, f.360x I LF.PULL ROPE AND PULL BOXES (COORDINATE us.w0m 85500.00 u,ooo.0o n.ooo.00 21 1 LS WITH EDISONI (COMPLETE IN PLACE) 515.d3T.00 ; 3mA3>.o0 22 ] EA RELOCA TE SIGNS 1158.00• 31.106.00 3¢5.00 w>s.oo alw.oo al,aso.oo 23 1 LS TRAFFIC CONTROL E6.32J.00~ w3xT00 vaoo.00 53,00000 Sx.eW.08' 3x.000.00 TRAFFIC SIGNING. STRIPING AND PAVEMENT x0 1 L5 MARKINGS PER PLAN. COMPLETE IN PLACE E1.66000 3LSSlo9 u 000.00 sx 000 0o u 000 0o u 00000 Subfuul 31ai59o,op 5las nx].oo 91x9.098.80 WILSON AVENUE MEDIAN MODIFICATION CLEARING AND GRUBBING (INCLUDES ALL 25 1 LS REMOVALS, AND MOBILIZATION AND GRADING/ 815.59200 ms,vx.0o 310,000.00 310,000.00 ES.000.OOi S3.oC0.00 C RU d"A HAL 26 66 TONS PAVEMENT g110.00~ 9Z5aa.OV 5150.001 wA00.o0 3¢5.081 3L590.38 CONSTRUCTd'CRUSHEDAGGREGA TE BASE. 2> 59 TONS LLA5S 11 S2Z00 slsw oo 3zs.00 s1,a>s.oo sle.oo 51.0¢.00 INSTALL BOMANITE PAVING BRICK PATTERN (BY BOMANITE)PER MANUFACTURER'S. I SPECIFICAilONS, COLOR BRICK FED. BULLETIN 31'.001 5¢9x8.00 51xm1 ao.zxa.oo x8 852 SF 318 nA]INTEGRAL COLOR. MATCH EXIST E15.00 a1x-a0.oa CONSTRUCT B"CURB ONLY (TYPE Af dt~PER x9 2]f LF CITY SJD.OWG. N0. 100 126.00 no.b.oo szxml ss9bx.ro azt.w~ ss.w~oo CONSTRUCT P.C. L. PAVEMENT. MATCH 30 2B SF / EXISTING. E2B.00 TlSapp w0.00, 51.800.00 wao uba.ao INCLUDING RELOCATING TWO EXISTING VALVES. REMOVAL OF ONE EXISTING VALVE w.0oo.om, w.0oo.00 3z.ooo.00 58,008 oo AND REMOVAL OF ALL EXISTING SPRAY HEADS, ' 31 f LS PER IRRIGATION PLAN (COMPLETE IN PLACE) Ei.»000 51 n0 oa I CARE LILLY REMOV %I ANOB X , ~ THEM i0 APPROPRIATE BOX SIZE RANGE FROM 36"TO dB"BOX AND PLACE THEM ON THE wx3oo w.9w.oo w,>w.0o sw wo oo J2 fd EA SAFE AREA g]a2.00' alo'e' oo I TRAFFIC SIGNING, BTRIPING AND PAVEMENT 33 f LS MARKINGS PER PLAN. COMPLETE IN PLACE 84.01000 p,olo.a0 F.000.00' w.000.0o v.008m' v,W0.00 30 f LS TRAFFIC CONTROL E6.320.00 w.3xam n'~'m'~ 5x,839.00 8x.50090 ¢.580.08 Submml wzauo0 wo.bls.0o s1o3.ns.0o TDTAI, ~ sas>.w.m N6x.xls.w >am.ex3.o0 P98 81D SUMM1iARY FOR BID OPENING MARCH W 3009 v . f9 ff ^n FOOTHILL BI/ETIWANDA AV SIDEWALKS AND BLOCK rJ WALLS. AND WILSON AVE MEDIAN MOD AT FIELDS PL GpdITR4 BROa Tdc _ . .mc uc mnTR.5ct5po vm 5® vm 5m m5S5crm a5rt 5o v51r o5upvno5 mrt uovrt mrt I ASR AYOart msr 5xovrt IN AND UBBING (IN LUD ALL 1 t LS REMOVALS.AND MOBILIZATION AND GRADING 525,000.00 8..000.00 aa0.0o0.00 ae6.oo6.06 ua000.o0~ xu,ooo.00 CONSTRUCT $'ASPHALT CONCRETE 2 395 TONS PAVEMENT STO.OO BRfiso.00 5e5.00 8],ET5.00 80.x01 MT.fi50.00 CONSTRUCT J'A. C. PAVEMENT OVER NATIVE. ~ 3 6] TONS WIDTH PER PLAN S)OW 546w o0 suo.00 STATO.00 1 a1s.o0 aaos.00 CONSTRUCT 6'CRUSHED AGGREGATE BASE, I ~ 4 302 TONS CLASS II E20.00 8.ow.ao yAp_o0i 8,05050 xpo0 ~ Susg0.0o CONSTRUCT 4'THICK P.C.C. SIDEWALK, WIDTH 5 6 aB] SF PER PLAN PER STD NO E01 AN DWG ' B.W, Szx n9so O gol 8s ]E6 ]0 . , , . . D t03. 55.00 . 5]z4epa0 , . . . CONSTRUCT p'CURBp GUTTER (TYPE A2-07 0 6 611 LF PER CITY STD.DWG. NO. 104. S1BPo 114.59 e.W 810 at6m.56 as.]o' nx.4oea0 FINISHWITH CAPJ PER CITY STD. N0. 606. INCLUDING REPLACEMENT OFEXISTING I LANDSCAPE, IRRIGATION, INSTALLATION OF I 5101.00 559,89].00 st5v.00 Eq],t01.o0 T 593 LF TEMPORARY FENCEOURING CONSTRUCTION E12O.O0i 8Lm0.00 CONSTRUCT VARIABLE HEIGHT RETAINING WALL PER CITY STD.OWG. N0. B01 WITH i ags.00 n.a0.0o fv9m 5+]xx 00 8 ]B LF STUCCO FINISHED TO MATCH EXISTING WALL 512000 59.]50.00 . CONSTRUCT RETAINING CURB VARIES HEIGHT 0'TO LSWITH STVCCO FINISHED TO MATCH sxs.o0i 8.ns.00 I ib.ml u.mo.o0 9 95 LF EXISTING WALL 540.00 d.eo0.90 CONSTRVCT RIVER WASHED GRANITE i 30 290 5E COOBLESTONES PER CITY STD N0 542 ' SI~00 a4.Cfi0.00 slsa0 .HSV.aO . . . Sg.pO ixd10.M INSTALL 3'OSTREET LIGHT CONDUIT. I,3BOZ ~ i LF PULL ROPE AND PULL BOXES(COORDINATE fl4poo.0o 514900.00 84A00m su,x9o.oo 11 1 LS WITH EDISON COJ (COMPLETE IN PLACE 516.00000.. 51x,000,00 1 l2 3 E4 RELOCATE SIGNS E150.0011 ws0.0n 9100.00 ~ 5500.00 u00.00~ x500.00 13 1 LS TRAFFIC CONTROL S10.000.OO 5m.000.p0 55.00.001 8,500.00 8.400.001 8<00.00 TRAFFIC SIGNING, STRIPING AND PAVEMENT 14 i LS MARI(INGS PER PLAN COMPLETE IN P ~ 8.5W.001 8 500 x0 i4 LR50o N 1x5 00 , LACE E1.000.00 T.000a0 , . . . , . IS 20 LF INSTALL CHAIN LINK FENCE IN LIKE AND KINp 530.00 axoo.o9 s5o.6o• al,op6.a0 8..00, 51,100.00 8ubmrel 33.11.(51 W 5'®A+]51' xi55,uas0 88A0z.59 i i i ETIWANDA AVENUE SIDEWALKS AND BL OCK WALLS I ' ~ CLEARING AND GRUBBING (INCLUDES ALL ~' lfi i LS REMOVALS. AND MOBILIIATIONAND GRADING) 520.000.00 axo500 o0 Sr 000.001 5x4.000.00 ale,5a0.o0 310500.00 CONSTRUCT ]'A.C. PAVEMENT OVER NATIVE. V 20 TONS WIDTH PER PLAN S1p0.00~ 8.006 LU ^1550 saz69.o5 S19om 8.900.W CONSTRUCT 4'THICK P.C.C. SIDEWALK, WIDTH ' 18 7 552 SF PER PLAN PER STD DWG N0 101 AN ' 8.01 85 <]z.00 8x0• 84 15fi.w . . . . . O T W. EB00 S5TJ50, W , RAM I SHEET 2 AND STANDARD 102 PER PLAN. - 51.000.00 ~ 54,000 m 51,OT000~ 8.140.00 19 Z EA COMPLETE IN PL4CE. 52.000.00 34.000.00 CONSTRUCT 6' BLOCK WALL (SPLITFACE FINISMWITHCAPJ PER CITY STD. NO. 600, ' INCLUDING REPLACEMENT OF IXISTING ~ n01.00 f62v000 stszo6' s9x912W LANDSGPE, IRRIGATION INSTALLATION OF ' 20 fi16 LF TEMPORARY FENCE DURING CONSTRUCTION EII0.001 Svavx050 ' INSTALL 3' 0 STREET LIGHT CONDUIT, 1,3601 LF.PULL ROPE AND PULL BOXES (COORDINATE 1 u4,x0a.00 La,x00.oa SIeA00.06 40o.00 EU 21 1 LB WITH EOISON) COMPLETE IN PLACE( 516.00000 515.000.00 i , 22 T EA RELOCA TE SIGNS Sf50.00~ s1.0s0.9o 3100.09' i x00.00 8w.ao .1,400.x0 23 t LS TRAFFIC CONTROL Ef0.00000 510.000.00 31.xsx.001 ~ 91.x50.00 8,700.00 v.TW.eO TRAFFIC SIGNING, STRIPING AND PAVEMENT 24 1 LS MARKINGS PER PLAN. COMPLETE IN PLACE E1.400.p0 51400.00 51.100.00 51.100.00 f1.TN.00 31'x00'00 BYbiOtHl 51x61Jp Op EI]fi.09E.00 31x5.319A0 WILSON AVENUE MEDIAN MODIFICATION I ~ ~. CLEARING AND GRUBBING (INCLUDESALL 25 1 LS REMOVALS,AND MOBILIZ4TION AND GRADING) b22,000.00 8x.0x0.m sv.0o000 an,000.00 n90000 53.00.00 4 HAL C N 2fi 6H TONS PAVEMENT E]5.00 549W.x0 91w.W 8.xe0.a Su1.0o~ 8,5x5.00 CONSTRUCT O'CRUSHED AGGREGATE BASE, , 2T 59 TONS CLASS II 520.00 91.Ie0.00 fSE.W~ 11.8]$.W 8x.00 S4 ee4.pp INSTALL BOMANITE PAVING BRICK PATTERN (BYBOMANITEJ PER MANUFACTURER5. SPEGFICATIONS. COLOR BRICK RED. BVLLETIN SIO.WI Se.55o.W 311x0 39?aes0 28 B52 SF 313'ifd)INTEGRAL COLOR. MATCH IXIST g]50 ss gfi4 a0 ( CONSTRUCT B'CURB ONLY (TYPE A1dy PER I 29 2]t LF CITY STD.OWG. N0. 104. E2200~ L,gSx.W sxo w, 5s.axow fu9a. a.Eee90 CONSTRVLT P.G.C. PAVEMENT MATCH 30 2B SF EXISTING 1 512001 b50.00 6x501 E194 90 . $1500 Nx0.00 . INCLUDING RELOCATING TWO EXISTING ~ VALVES. REMOVAL OF ONE EXISTING VALVE '1 a.e00.00 x1.500.00 sx9x0.0o 3xR0x-0x AND REMOVAL OF ALL EXISTING SPRAY HEADS ' 31 1 LS PER IRRIGATION PLAN (COMPLETE IN PLACE) E4.000.00' HxCx.W CA FULLY MOVE EXIST. IRE AND X THEMTO APPROPRIATE BOX SIZE RANGE , ~ FROM ]6'T048'BOX AND PLACETHEM ONTHE saoo.oo i su.xoo.ao ~ sam.00 sg9w.0o 32 f4 EA SAFE AREA S]aoPo m.eo9.0o ' i ( TRAFFIC SIGNING. STRIPING AND PAVEMENT 33 1 LS MARKINGS PER PLAN COMPLETE IN P A sx,sw.w Sx sOx.ox 8 x0550 5] x00 00 , L CE E2,500.00 8.5x0.00 , . . . 34 1 LS TRAFFIC CONTROL $10.000.00 310.000.00 8,500.00 5x.50x.u0 sx.w0.00' .0.x00 00 Subtotal I afi6,n6.oo ~' Sx2JS1.Op S5JAS1wo TOT/,l. 54W.059.00 4xex625] 5{54.5x1.50 H]3.xT1M BID SUMMARY FOR BID OPENING MARCH 10,1009 r] fa 0 py oo FOOTHILL BI/ETIWANDA AV SIDEWALKS AND BLOCK r 1 WALLS. AND WILSON AV£ MEDIAN MOD AT FIELDS PL Yo 621'1'SR}BIgFp Aeon sao raatote mncacrc m van ® mavcxsa van van ao n oart PexRVnos mm saovar Eaovar mar uaoonr mar srovrt WGAN u U IN~IIN LU ALL 1 f LS REMOVALS,AND MOBILIZATION AND GRADING) ST.00(1 OO I E>~Po ne,eoD.DDI rfe,eao.m nD.ooD.oD sxD.oao.oo CONSTRUCT S'ASPHALTCONLRETE 2 385 TONS PAVEMENT §110.001 I w,aso.oo SB0~00 Ev.am.DD aa.DD~ sso.elD.oo CONSTRUCT 3'A.C. PAVEMENT OVER NATIVE. ~ J 6T TONS WIDTH PER PLAN b130.OB Se3to.oo Sllz.OO. nsotl.DO slxD.oo m,DaD.Do CONSTRUCT 6'CRUSHEO AGGREGATE BASE i 4 ]OZ TON$ LLA5511 ssv.DOl i9.as+.OD E9p.pp St3 pao 00 b30.00 E9.0fi0.oD , CONSTRUCT O'TMILK P.L.C. SIDEWALK, WIDTH ~ ER>s~ v ~ 5 6.O W SF PER PLAN, PER STD. DWG. N0. fOt AND 103. 5800 I aJe nezpD .666A6 E Sssp i]sPaa.aO CONSTRUCT e'CURBBGUTTER (TYPE A1d~ ~ 6 BH LF PER CITY$TD.DWG. NO iM. 520001 naa3om Eltlm aus9e aD S]p.Wl na.vD.w 6 FINISHWITH CAP) PER CITY STD. N0. BOb, INCLUDING REPLACEMENT OF IXISDNG ~ ~ (ANOSLAPE, IRRIGATION. INSTALLATION Of slxeAD ns.9w.oD Mafi.GO 59e,aJe.oo ] 59J LF TEMPORARY FENCE DURING CONSTRUCTION S1 t0.a0 ms.vo.oo CONSTRUCT VARIABLE HEIGHT RETAINING WALL PER CITY $TD.OWG. N0. B00 WITH a]JD.W SIO,IaD.W ssD.ml! ss.uoW B >B LF STUCCO FINISHED TO MATCH EXISTING WALL 515.001 Ef.125.00 L.bo.DO ' CONSTRUCT RETAINING CURB VARIES HEIGHT 0'iD 1.5'WITH STUCCO FINISHED TO MATCH No.pD aa,tlOD.W as.oDi E)dxs.0o 9 95 LF EXISTING WALL. E15.00 Ei.us,oo CONSTRUCT RIVER WASHED GRANITE 10 290 SF COOBLESTONES PER CITY STD. N0.502. bR.00. b.a9p.p0 Eu'aal m,]900D 8laoo sx,9pD.CO INSTALL 3'05TREET LIGHT CONDUIT, 1.3bOS LF.PULL ROPE AND PULL BOXES /COOROINA TE stz.ooo.oo fu,om.aD SfyDOO.op su.opD.oo 11 1 LS WITH EDISON LO.)lCOMPLETE IN PLACEI S2LOOp.00 Szl.opp.oo 12 3 EA RELOCA TE SIGNS 5258.W• ~ n60,pp slm.m sJm.DO EJD].00 s900.00 13 1 L$ TRAFFIC CONTROL E0.000.5D as oppro aa,aoo.oD u.a9o.m ss.DDD.oD ss.ooD.oD TAAFFIL SIGNING. STRIPING AND PAVEMENT ~ 10 1 LS MARKINGS PER PLAN, COMPLETE IN PLACE E].50(I Opt y]Mpm w.DDD.oD m,000.0a alD.am.m ftD,ppO.W l5 20 LF INSTALL CHAIN LINK FENCE IN LIKE AND KIND 500.00 ~' moD.DD aloD.oD a1.00D.00 fJS.m. E']N.00 9ubfu0l Sx]l]Jx 001 ixxa.]]ZCO B3]a.0aa.]a E368.])6.W ETIWANDA AVENUE BIDEWALKS AND BL OCK WALLS I I ~ I CLEARING ANO GRUBBING (INCLUDE$ALL ue oooDD ' 16 f LS REMOVALS. AND MOBILIZATION AND GRADING) gT.00800 n,opo.oo . , azaDm.oD afD.DOD.00 SlD.oap.o0 CONSTRUCT 3'A.C. PAVEMENT OVER NATIVE. IT 20 TONS WIDTH PER PLAN 5130.08 ax.aOD.W SxxD.m~ fs,dm.m SIBO.m ss,wD.aD CONSTRUCT O'THICK P.C.C. SIDEWALK, WIDTH 18 ).552 SF PER PLAN. PER$Tp.OWG. NO. 101 AND 103. b6.00 N6.a1x.00 Sxasi sxD]ae.aD m.m~ SJ],>aD.W I N UC A c IL SMEEi2ANp STANDARD 102, PER PLAN, ~ Sl.tloo.oo ss.aoD.m s3,soo.oo ss.oro.oo 19 2 EA COMPLETE IN PLACE 51.800.00 s,a00.oo I I CONSTRUCT 6'BLOCK WALL (SPLIT FACE I FINISHWITHCAPJ PER CITY STD. NO. 606, I I INCLUDING REPIAGEMENTOF EXISTING slxs.DD', n).a9D.oD alm.po• slox,xsaro LANDSCAPE, IRRIGATION, INSTALLATION OF I 20 816 LF TEMPORARY FENCE DURING CONSTRUCTION S11b061 EBTJbB.00 m]ASp.pp INSTALL 3'O STREET LIGHT CONDUIT, 1,]60s ' LF.PULL ROPE AND PULL BOXES (COORDINATE Ep.aoOw x11,]00.00 slD,ooo oD Efo.000.00 21 t LS WITH EDISON)(COMPLETE IN PLACE) 521.000.00 sxl.ooo.00 22 T EA RELOCATE SIGNS 5250.00 sl]SO.Dp sloD.DD~ a]DOm slsD.aD, sl,DSOm 2] f L$ TRAFFIC CONTROL 83.500.00 fa,500.m sl,lpo.oo 9I,IOO OO lt.ooo.00 Yf,ooo.pp TRAFFIC SIGNING. STRIPING AND PAVEMEM 2a 1 L$ MARKINGS PER PLAN. COMPLETE IN PLACE 53,500.00 SJ 500 W 5410000 SLImaD sJSOD.m aso9.w SY61pfAI 61]a,Ox3.D0 3156.Dxx.OD E1a9.9fitl.m EIi6.166.00 WILSON AVENUE MEDIAN MODIFICATION ~ ' CLEARING AND GRUBBING (INCLUDES ALL 25 1 LS REMOVALS,AND MOBILIZATION AND GRADINGI SB,OOBOOI a9.DOO 00 Sxp.pop.W 330,pm.00 Si.D00.0pI E].opp.w U d' N 26 68 TONB PAVEMENT Ef30.p0 se.6eD.pp Eliaoo slx.aoe,oo s1x0.0Di x>9x0.a0 CONSTRUCT O'CRUSHED AGGREGATE BADE, i 2T 58 TONS CLASS II 500.00 9xd60.p0 H2O0i E3.a]9.p0 xa0.00 f2aa0.a0 INSTALL BOMANITE PAVING BRICK PATTERN (BY BOMANITEI PER MANUFACTURER'S, SPECIFICAPONS, COLOR BRICK RED. BULLETIN m.oo w.em.oD moo m.nxm 28 851 BF 313: tt-0TIMEGRAL COLOR. MATCH IXIST E3000 nssao oo CONSTRUCT e'CURB ONLV (lYPEAtay PER 29 1>f LF CITY STD. DWG. N0. 100 51500 N Ofiboa su.DD sasxaao aaa oD se 1Jp.W CONSTRUCT P.L.L. PAVEMENT. MATCH 30 2B SF EXISTING. EB.00 S3$aPo ns.m a+xD.DD m.DD txxa.w ~ INCLUDING RELOCATING TWO EXISTING ' VALVES, REMOVAL OFONE EXISTING VALVE Elsoo.0o, El sOO OO u.Dpo.DOi p.opp.po AND REMOVAL OF ALL EXISTING SPRAY HEADS, I 31 f LS PER IRRIGATION PLAN (COMPLETE IN PLACE) ST.00(100 E)p000p I E ULLV REM V I ND BOX THEM TO APPROPRIATE BOX SIZE RANGE FROM 36'T008'SOX AND PLALETHEM ONTHE a]sp.po slDSUa.oO sJ]s.DD Es,xsow 32 id E4 SAFE ARE4 $800.00 Eu.xpp 0p ~ TRAFFIC SIGNING. STRIPING ANO PAVEMENT ~ 33 1 LS MARKINGS PER PLAN. COMPLETE IN PLACE $3.500.00 sJ SWm a3.sop.W 3x.sm.DO SJ.apD.OD~ m.soD.w 3a f LS TRAFFIC CONTROL E3.500.00 sD.soo.Dp al.lpp.ro sl iDO.DD a..ooD.ao sa,ooD.oD Bublafnl I S]o 9tl9.00 mLxaSW EW.99600 TMAL Es]5.)~J.CD EN9,af9.fa N91 OY.9 . BID SUMMARY FOR BIU OPENING MANCN 10,2009 15 13 p P1~ FOOTHILL BI / ETIWANDA AV SIDEW ALKS AND BLOCK r WALLS AND WILSON AVE MEDIAN MOD AT FIELDS PL vm anAaD PAUnc , o sAxABUCe me CORDlA(SORa ac fa BeBme¢xmD mm em am nart ® mvucraa m R*Y 95rr oeecsvnas mn Anoos> mn snavn con AYT AStovsr L LNG ANDG bWu(iN LU HLL 1 f CS REMOVALS. AND MOBIUZATION 4ND GRADING) d25000W' tts.am.oo StD.ooo.oo am.ooo.DO av.wD.9D~ i av.9oo.06 ICONSTRULT S'ASPNALT CONCRETE ~ 2 3DS TONS PAVEMENT 5115.00' aas axs.oo 9'>5.00 tt9,b:.OD 169.00' 5x'1255.00 LONSTRL'LT J' A' '-'vPVF NT OVER NATVE. 3 B] TONS WIOTHPER PL4N f115.00 n>os oo atas.oo ma)BOO m9.ao aa.6v.oo CONSTRULT6' CRUSHED AGGREGATE 845E 9 J02 TONS CLASS II 535.00 su.6>om tt3Po ~'~'Po tt~W ix.xae.00 CONSTRUCT a"THILK P.G.C. SIDEWALK, WIDTH 5 S,AW SF PER PLAN. PER STD. DWG. N0. f0f AND 103. 55.50' E3v]].w s+w 5x93]6.50 m.]s tttpfia.95 CONSTRUCT e'CURB&GUTTER (TYPE A2d~ ~ 6 etf LF PER CITYSTD.OWG. NO. fOS. 53800 aw.eteoo sxs.ao mo.ns.o5 tts.eo ttD,9v.e6 FINISHWITH CAP) PER CITY STD. N0. 60B, ~ ~ '. INCLUDING REPLACEMENTOFIXISTING 0 L4NDSCAPE. IRRIGATION, INSTALL4TION OF 5169.0 atx.9nm 315900 Ka.xenoo ] 593 LF TEMPORARY FENCE DURING CONSTRVCTION 58]00 $sL591.OD i CONSTRUCT VARIABLE HEIGHT RETAINING WALL PER CITY STD.OWG. N0. B04 WITH flxs.oo a9p59.-0 ft9x.00 Su 9>a.00 8 ]8 LF STUCCO FINISHED TO MATCH EXISTING WALL 5100.001 fl.9o,1.M , CONSTRUCTRETAININGOURB VARIES HEIGHT O'T01.5'WITH STUCCO FINISHED'3 M4TCH fl5.o0 n1x5.00 aa.oo 3x 565.69 9 95 LF EXISTING WALL. b6500 a6,t>s.oo , i CONSTRUCT RIVER WASHED GRANITE 30 290 5E COOBLESTONES PER CITY STD. N0.512. 525.00 flssem s.]s.o6 atD,uo.oa ' v6.a9 aa,eu.9o INSTALL ]' 0 STREET LIGHT CONDUIT, f,380x L.FPULL ROPEAND PULL BOXES (COORDINATE ~ s15.5xpm aA6z0.a0 Szi,t00.oo I tt11o0.00 li f LS WITH EDISON CO.)lCOMPLETE IN PLACE) 528.000.00' sze.ooo.Do 12 3 EA RELOCATE SIGNS 52W.00 a6oa.oo 519250 ss'zT.so s1]J.)s saot.xs 13 f LS TRAFFIC CONTRDL d2.00000' a.ooo pD M'~Po f6.66a.o0 N.]95.D0~ ia,]95W TRAFFIC SIGNING, STRIPING AND PAVEMENT la 1 LS MARKNGS PER PLAN, COMPLETE IN PLACE 510.000.00 510,W0.00 w•txs.ooi H.us.aD a6,6]a.90 5n.6]a.90 15 ZO LF INSTALL GRAIN LINK FENCE IN LIKE AND KIND 511500 sza66.o6 StaSOOI tt.9o0.00 axao.oo tt.oro.oD Subuul ax>0.96T.50 ' S]>S.tw.9p ~ 5$Sx.ea>.W ~ I ETIWANDA AVENUE SIDEWALKS AND BLOCK WALLS CLEARING AND GRUBBING(INCLUDES ALL Ifi f L5 REMOVALS.AND MOBILIZATION AND GRADING) 518,00000 ms.oo6.00 sxsoo.oo msoo.oo m.oao oo' ! w.6w.o9 CONSTRUCT J"A.L. PAVEMENT OVER NATIVE. ttxs ool 20 TONS WIDTHPER PLAN 512000 sx ao6.6o . ssoo.oo ~ stz9.oo sxsao.oo LDNSTRUCT 4'THICK P.C.C. SIDEWALK, WIDTH ~ 18 ).552 SF PER PLAN. PER STD. DWG. NO. 101 ANO 10]. 55.50 ~ w1966o yso a].9na.oo a].xo ma,t66.a0 O 5 A A SHEET2AND STANDARD 102, PER PLAN, I 31959.001 S],996.oD stgo9.6D tt noo oo 19 2 EA CDMPLETE IN PLACE. 52,800.00' Ss.6o6.oa , . CONSTRUCT 6'BLOCK WALL (SPLIT FACE FINISHWITH CAP) PER CITY STD. N0. 60Q INCLUDING REPLACEMENT OF EXISTING s1e9.6o sv6,aza.9o aus.oo ~ sn9,]x0.o0 LANDSGPE. IRRIGATION, INSTALL4TION OF 20 61H LF TEMPORARY FENCE DURING CONGTRULTION SB].00 a51.59x.00 INSTALL 3' 0 STREET LIGHT CONDUIT, f,380x , LF.PULL ROPE AND PULL BOXES (COORDINATE auaso.oo sts.]so o9 ttt.loo.oo av.loo.oo 2l 1 l5 WITH EDISON)LCOMPLETE IN PLALEI 528,000.00 fxa ooo4n 22 ] FA RELOCATE SIGNS 5200.00 AAW,Po i19xsD StAa>.50 au].>s f9w.xs 23 1 LS TRAFFIC CONTROL 51.000.00 31090.00 m'ea roi m.aa (w ix.ooD.oo~ St.o[O.oO TRAFFIC SIGNING, STRIPING AND PAVEMEM 24 1 LS MARKINGS PER PLAN. COMPLETE IN PLACE 53.50000 m,w0.ro sLte2W~ it,u259 umn9m' f1a0. VD.W 8ubmul nsx.na oo ftes.$sz.oo sua]us uas.um65 WILSON AVENUE MEDIAN MODIFICATION ' CLEARING AND GRUBBING (INCLVDES ALL 25 1 L5 REMOVALS, AND MOBILIZATION AND GRADING) 310,00000 fx0.oo0.N m'ooo'oo ~'~'Po M390.00 Sa.M0.o0 N U 0"A HAL 2fi 66 TONS PAVEMENT 511500 fls9om svs.oo a1x,550.a0 TSm fs.ue.oa CONSTRUCT <•CRVSHED AGGREGATE BASE 29 59 TONS CLA5511 5]5.00 tt.o65.00 ttx.0o a1x9B.o0 S>6.o0 5x.1 v.90 INSTALL BOMANITE PAVING BRICK PATTERN (BY BOMANITE) PER MANUFACTURER'S. ' SPECIFICATIONS, COLOR BRICK RED. BULLETIN St6s6; ae.w6.0o stps0 a5.699no 28 852 SF 313: 1tA]INTEGRAL COLOR. MATCH EXIST. S12.OO ai0.xxa.00 ~ CONSTRUCT BLURB ONLY (TYPEAA6'J PER ~ un 00 s > I 29 2]f LF CITY STD.OWG. N0. 104, 33900 ' 516.569.90 . a.e e.0o az9.00. I fl.659.00 CONSTRUCT P.C.C. PAVEMENT. MATCH 30 2B SF EXISTING 1 $n.00' Sxxa.00 59w0 ax6ax0 . 51100 55]600 INCLUDING RELOCATING PNO EXISTING I VALVES. REMOVAL OF ONE EXISTING VALVE tt.0oo.9o 5].660.66 5(0,600.00 fl0 00o 00 AND REMOVAL OFALL EXISTING SPRAY HE405, . 31 1 LS PER IRRIGATION PLAN !COMPLETE IN PLACE) 530.000.00 5]0050.50 ' CAREFULLY REMOV EXIT AND THEM TO APPROPRIATE BOX SIZE RANGE ~ ' FROM 36"i0 a6'BOX ANO PLACE THEM ON THE M60.W $9Rw.00 w.eoo0o 55x300.05 32 10 EA SAFE AREA 51.000.00 31a000.m ' TRAFFIC SIGNING. STRIPING AND PAVEMENT , 33 1 LS MARKINGS PER PLAN,LOMPLETE IN PLACE 53,000.00 a].OpO.oo $] t9o w m 196 w b mx w, man99 3a f LS TRAFFIC CONTROL 52.00000 n.oo0.00 35.55om ss.5w.00 n.0oo.0o m0a0m SYbuul $y9 x$00 SSa.990W $IlJ,9$x.59 TaT'LL I f3u,9a6.pJ $5fa 1Ly. 5655 95130. {61^. T19,50 , BIO SUMMARY F00. BID OPENING MARCH 18, 5009 f1 f1 xs PI O FOOTHILL BI/ET/WANDA AV SIDEWALKS AND BLOCK I pV, ~,pL asamu. wawcmArw soLLr-SaxA.oe WALLS, AND WILSON AVE MEDIAN MOD AT FIELDS PL mrEnvwan mxmtoerox3 ma'TnACrcaa OfR Em V11T ® ~COx)1RED OfR So mar o33amxP5 mm Axovm mm 3ar osm ~i Awmlr RIN AN U IN (IN U ALL 1 f LS REMOVALS. AND MOBILIL4 ilONAND GRADING) .ESO.000.OO uo.000.a0 s15aa0.9o1 Exs.oo0.00 Ssr,w0.o0 sn.a00.0o CONSTRUCT S'ASPHALTCONCRETE 2 985 TONS PAVEMENT S92.OO .u3aw.b9 ssxso tt0.vw.0o EaO.Tmso sex.00 ma9o90 CONSTRUCT ]'A.C. PAVEMENT OVER NATIVE 3 6T TONS . WIOiH PER PLAN 591.00 waw,o0 ttbsB EsJZS.00 561x560 elu o0 ElO.Els os CONSTRUCT B'CRVSHED AGGREGA TE BASE 4 302 TONS , LLA$S II $28.OO SS,aw.OO ttT~9 3e.ul.b0 ae,xn.35 I .us.o01 Slo,mx.of I CONSTRUCT A•THICK P.C.C. SIDEWALK, WIDTH SJ fi3 5]x]OS W 5 6.aW SF PER PLAN, PER 57D. DWG. NO. 501 AND 103. 54.00 3x5933.00 . . Ul]0E.]b 31501 3xz,f]9.50 CONSTRUCT B'LURB6GUTTER (TYPE A2-0'J ' ~ fi B11 LF PER CITYSTD.DWG. NO. 504. f15.00~ tt3.xrs.w ttO.TS. am9ze.oo EIb.5x3.xS nvoo als.ap9m FINISH WITH G4PJ PER CIN STD. NO. 606, ' ~ INCLUDING REPLACEMENT OF IXISTNG ~ LANDSCAPE, IRRIGATION, INSTALLATIONOF asl.39i a9a,w>.ob 39oAlTw slum) n9,wa.o3 T 593 LF TEMPORARY FENCE DURING CONSTRUCTON $125.00 na,lx5.b3 CONSTRUCT VARIABLE HEIGHT RETAINING WALL PER CITY STD.DWG. N0. fi0d WITH 0166.001 I a0.m090 5190.001 aa.el0ao 8 ]H LF SNLCO FINISHED TO MATCH EXISTING WALL bID0.00 m.e00.0b CONSTRUCT RETAINING CURB VARIES HEIGHT O'T01.5'WIiH STUCCO FINISHED TO MATCH Ex995~ asasm sxAO3xs 31E.oo 1].u5.oo 9 95 LF IXISTING WALL. 550.00 N]5593 i CONSTRUCT RIVER WASHED GRANITE ID 290 5E COOBLESTONES PER CITY STD. N0.542. 535.00 ao.ls0.o0 3e9s1 tt,E3a.oo Ex,SUSO ns.o01 n.zs0.0o INSTALL 3" 0 STREET LIGHT CONDUIT, x,3605 I LF.PULL ROPE ANO PULL BOXES (COORDINATE ' m.9TS.o0' sv.9mao as?so.0a~ au,xs0.ao ll 1 LS WRH EOISONCO.)ICOMPLETE IN PIACEI Et5.000.00 nso0o.m 12 3 E4 RELOLA TE SIGNS (325.001 s9xs.ao 51?o0.ooi a.60o.a0 Swo.oo, s9o3.B6 13 1 LS TRAFFIC CONTROL Et0.000.00' ao,ao0.ao 55.tTS.o3~. sslxs.m a1,00o.a0; su.o3o.w TRAFFIC SIGNING, STRIPING AND PAVEMENT 19 f LS MARKINGS PER PLAN, COMPLETE IN PLACE S10.000.OO 310.OWm 31o,9xs.bo~ 3109x5.00 ~ N,wo W N.w3.63 15 10 LF INSTALLLHAINLINK FENCEINLIKE AND KIND $50 OO eL3E000 naa5 f1 195.60 SIJS.G0 3x.900.00 9ub[ofil ERfl1.0x300 aL311W SxbO.fas.1. S]n,xJ550 ETIWANDA AVENUE SIDEWALKS AND BL OCK WALLS ~ ' CLEARING AND GRUBBING(INLLUDESALL 1 16 x LS REMOVALS,AND MOBILIZATION ANO GRADING) 530.000.00' sw.o6o.a6 515.000.66 ~ n3.a06.m ' 533sO6m' 3vs00.a6 CONSTRUCT 3'A.L. PAVEMENT OVER NAIVE. nb m~ ~ ' 1] 20 TONS WIDTH PER PLAN $(0000 yj.060.00 . 51,90.06 sx16.6o Ea,x00.6o CONSTRUCT 4'THICK P.C.C. SIDEWALK, WIDTH 18 ].552 SF PER PLAN. PER STD. D WG. N0. 1m AND T03. H.OO 536.zoe.6o u.939b.au.u0i Ub99J5 63.061 SxS,b>b.m ON U IL ON SHEET2AND 5TANDAR0101, PER PLAN, us0o 001 !9900.00 41gm.ao tt900_o0 19 2 EA COMPLETE IN PLACE. $2.00000 So,ro0.00 CONSTRUCT B' BLOCK WALL (SPLIT FACE FINISH WITH CAPPER CIrv STD. N0. 60B, ' INCL UDING REPL4CEMENT OF EJISTING 5151.30: 395.509001 391508/0 SIJO.oO sEb?x000 LANDSCAPE, IRRIGATION, INSTALLATION OF I 20 BIB LF TEMPORARY FENCE DURING CONSTRUCTION St25.00 ~~ m6a0 o0 ~ INSTALL 3"05TREET LIGHT CONOUR, I.3BOx LF.PULL ROPE AND PULL BOXES (COORDINATE sv9>s.ao 9A9T3o6 uas66.o0~ su.566m 21 5 LS WITH EDISONI (COMPLETE IN PLACEI 515.000.E i 915.000.00 22 ] EA RELOCATE SIGNS 531500 tt?x300 n~'~ 55,x50.06 3100.00, Sx.t00m 23 t LS TRAFFIC CONTROL EB.000 OO 03066.60 tt,ns.o6' Ez.m3o6 ssso6.o6~ 66600.06 TRAFFIC SIGNING, STRIPING AND PAVEMENT ' 24 1 L5 MARKINGS PER PLAN, COMPLETE IN PLACE 55.000OO 53.000.00 Ex.9>smi Sx1T5.oo 51.500.001 sL500.00 $ubtof6l El>Sg3d.00 fA1l64Ux sa01,O3L5b SIOgll6.80 WILSON AVENU M DIAN MODIFICATION CLEARING AND GRUBBING (INCLUDESALL 25 1 LS REMOVALS,AND MOBILIZATION AND GRADINGI 520.000001 3x0.000.00 av 600 wl ns00.6o ae.06o.60 00.060.00 N a L 26 BB TONS PAVEMENT $90.00' ss9w o0 ssz.9 9<xom 9.n0.xe sus m. se9lom CONSTRUCT 4"CRUSHED AGGREGATE B45E, 2T SB TONS CLASS II $3000 f1 n0.00 fn.l9'. 61,660 O0 n.bM.xt 65100 991T.p3 INSTALL BOMANITE PAVING BRICK PATTERN , (RY BOMANITE) PER MANUFACTURERS, '~ SPECIFICATIONS. COLOR BRICK RED. BULLETIN ~ fu.m~ j s9.wa.00 n.vs. Eb,boa00 28 B52 SF 313: if-B]INTEGRAL COLOR. MATCH EXISL E12.OOi Em.xxa.00 1 ' CONSTRUCT 6'GURB ONLY (TYPE At-0')PER l ~ 29 2]i LF CITY STD DWG N0 504 i ' axo.>0 es,509.00 sA60aT0 I 0eo0 5s 1w 00 . . . . S'8.00 ~ Ne>e.00 . . CONSTRUCT P.O.C. PAVEMENT. MATCH ' 30 26 BF EXISTING. $50001 st n00.a6 ~T5 n39.06 313001 3560 00 INCLUDING RELOCATING TWO EXISTING VALVES, REMOVAL OF ONE EXISTING VALVE 'i sa.6xs.0o~ ~ ss.6xs.00 faz06.oo nx0o.ao AND REMOVAL OF ALL IXISTING SPRAY HEADS, i JI 1 LS PcR IRRIGATION PLAN (COMPLETE IN PLACEI 55.000.00 56.000.00 CAREFULLY M J(I R AND BOX THEM TO APPROPRIATE BOX 52 RANGE FROM 36'T043'BOX AND PL4GETHEM ON THE ~ s:.:».0o n6,100.00 sem.0o nl.x0o.m 32 t4 EA SAFE AREA EBOO.00' sn?60.o0 TRAFFIC SIGNING, STRIPING AND PAVEMENT I 33 1 LS MARKINGS PER PfAN. COMPLETE IN PLACE E<, 500.00' x600.00 ss,TSaoa'. 56.]60.00 " 9.0m.00i. anoo.oo 3a 1 L5 TRAFFIC CONTROL $6.00000 w.000.00 avs0.o01 '~ 06.]6090 ms00.o01 mms0o.o0 SYb[Olel I S]0911.00 ~ E5J.59660~ E6J,39tl.19 Eb].13500 I roTAC '~ 50x6 ax3ro ssttanmi uu,50e15 sis0.303.00~ BID SUMMARY FUR BID OPENING MARCH 10,3008 r xx y P10G FOOTHILL BI/ETIWANDA AV SIDEWALKS AND BLOCK WALIS,AND WILSON AVE MEDIAN MOD AT FIELDS PL Bp~~ mECtBaeRmo DVC ouc conRnvrnoR wvTnunn conrrrsvcroR3 Q1 T GRIT PIEC@tf03 om Sm COR YIOOIIi vart COR ~ YIOVR vRn w muscnc COR WT .WOOrtT 1 1 LS IN AND UBBIN (IN LU ALL FEMO VACS. AND MOBILIZATIONAND GRAOINGI SaE00000 vs 000.0 0 s1D.ooD.apl alp,oop.o p uo,oop.0o~ j 510,00000 2 395 TONS CONSTRUCT S'ASPHALTCONLRETE PAVEMENT 582.00 tlx.3gD.0 MS.pD ExS,b]s.O p D 31x0 op 561x00.00 3 6T TONS CONSTRULI3'A.C. PAVEMENTOVER NATIVE. WIDTH PER PLAN 5123.001 seaw op itao.ao 56.)00.0 0 ttpo.o0 Sv,.DO.Oo CONSTRUCT 6'LRUSHED AGGREGATE BASE, 4 302 TONS G.ABE II E25.W ,51,550.00 Mlaol 5;$.610.0 0 Saa.aO Eta.txO.DD CONSTRUCT 4'TNICK P.C.L. SIDEWALK, WIDTH 5 6.49) SF PER PLAN, PER STD. DWG. NO. 101 AND 10]. Si00 El] w5op 'U'~ 523.]5$.50 Ssoo' 3]x.665.00 fi 811 LF CONSTRUCT B'CURB6GUTTER /TYPE AZd7 PER GTYSTD.DWG. N0. 101. ESB.00 5aTO5e.o0 naop slx.gpa.eo E4p.po ~ ux.«0.o0 FINISH WITH CAPE PER CITY STD. NO lO6, I INCLUDING REPLACEMENT OF EXISTING UNOSCAPE. IRRIGATION, INSTALLATION OF ivo ao uoa.el0.o0 tt0o.o0 suasOD.DD T 593 LF TEMPORARY FENCEOURING CONSTRUCTION 5125.00 Ra.ID5.p0 CONSTRUCT VARIABLE HEIGHT RETAINING 8 )8 LF WALL PER CITY STD.OWG. NO. lOd WITH SNCCO FINISHED TO MATCH EXISTING WALL 513000 mD.Iw.ap moo.ooli u.eoo.oo ss0o,o0~ I u3.aoD.oo ' CONSTRUCT RETAINING CURB VARIES HEIGHT 9 95 LF O'T01.TWOH STUCCO FINISHED TD MATCH EXISTING WALL SBOW'. R6o0.a0 vs.o0 s1 <xs.o0 aw.oD' tt.es0.o0 CONSTRUCT RNER WASHED GRANITE 10 290 5E COOBLESTONES PER CITYSTO. NO 542. f38.Lb~ ntox0 o0 Rp ap sw Soo op u0oo ~~pPo'~ INSTALL 3' O STREET UGHT CONDUIT, 1.OBOx 11 1 LS LF.PULL ROPEAND PULL BOXES (COORDINATE WITH EDISDNCO.)ICOMPLETE IN PLACE $24,000.001 ufi0oo.oo au.aoo o0 516,600.00 ExpaOO.pp ttzzo0.00 i j 12 3 EA RELOCATE SIGNS 5200.OO 360om ssOO.DO s1s0o.DO sso0.00' mOa Do 13 1 LS TRAFFIC CONTROL tB.000.00 .65.000 00 ES'oaom~ ss,00o.0o 16.000.00 ' SB.DDO.oO TRAFFIC SIGNING, STRIPING AND PAVEMENT 16 1 LS MARKINGS PER PLAN, COMPLETE IN PLACE 54.300001 NaW.W ss'WO.WI ~'~'~ #0'~'~ tt0,W0.00 15 20 LF INSTALL CHAIN LINK FENCE INLIKE AND KIND 55000 6;.000.60 31.000.00 u0.ooo.00 uo0.w u.oo0.00 SVbmiHl Slla a9aM SR)1.15550 4tllbbm, SSBI.R9E.W ETM'ANDA AVENUE SIDEWALKS AND BL OCK WALLS I I6 i LS CLEARING AND GRUBBING (INCLUDES ALL REMOVALS. AND MOBILIZAiIONAND GRADING E20,000.w 5x0 000.00 ~ na,o00,aa, 510,000.00 ss,o0o.o0i ~ ss,600.D0 tT ZO TONS CONSTRUCT 3'A.C. PAVEMENT OVER NATIVE. WIDTH PER PLAN 5240.OO N,E0o.00 ww.6p1 st5.o00.00 ttoo.o0~ N,000.00 t8 ).552 SF CONSTRUCT d'THICK P.C.C. SIDEWALK, WIDTH PER PLAN, PER STD.DWG. N0. 101 AND 103. 55001 SST papw Else; tt6.wx.W 35.D0' f])ps6.OD MP AI 19 2 EA SHEET Z AND STANDARD 102. PER PLAN, COMPLETE IN PLACE. ~ 52400.00 H.600 o0 s• OoD oo. 59 000 0o tt 000 00~ 56 006 m CONSTRUCT 6' BLOCK WALL (SPLIT FACE FINISH WITHCAP)PER CITY STD. N0. 608, i INCLUDING REPLACEMENT OF EXISTNG LANDSCAPE, IRRIGATION. INSTALL4TION OF m0.op' floasxo.a0 ~ ttoD.DD ax5.xoo.0o 20 61fi LF TEMPORARY FENCEDURING CONSTRUCTION 5125.001 $pp.OW Op 21 1 LS INSTALL J' O STREETLIGHT CONDUIT, 1,3fiox LF.PULL ROPE AND PULL BOXES (COORDINATE WITH EDISONI IOMPLETE IN PLACEI i 524.000001 5x6.000.00 i a1a00.6p1 316,600.00 sts.oo0.oD1 su.00o.00 I x2 ] EA RELOCATE SIGNS 5200.001 fl XOa.00 s~'^D tt.s06.00 ExW UO E1,wD.00 23 f LS TRAFFIC CONTROL E1.500.p0~ f1.sW W u'~O'w ES.OW.oD 51.660.00 s;,D06.00 TRAFFIC SIGNING. STRIPING AND PAVEMEM 24 1 LS MARKINGS PER PLAN. COMPLETE IN PLACE E1.IW.CO sLx0D.0p ~~'~ S°'~'w Bublutel alpx wp 0p St6a,xsx.p0 5x61?60.00 WILSON AVENUE MEDIAN MODIFICATION ~ I I I CLEARING AND GRUBBING (INCLUOESALL I 25 1 LS REMOVALS. AND MOBILIZATION AND GRADING) $8,000.001 E9.o00.0D fm.p00.00 510,OPo.00 S;006.001 I Ep,D00 UD d A HAL 0 26 66 TONS PAVEMENT SiB500 31z.avo.60 a1u.0oi RsgO.oD tt0p.p01 611x06 o0 CONSTRUCT 4'CRUSHED AGGREGATE BASE, 2T 59 TONS CUSS 11 525.00' EI n500 3us.06 Sb.xes.to S10D.o0 Ss.9D0.C0 INSTALL BOMANITE PAVING BRICK PATTERN (BY BOMANITE) PER MANUFACNRER'S. • SPECIFICATIONS. COLOR BRICK RED BULLETIN Exs.DO msro.00 310.00 sssxo.0o 28 !52 SF 313'114)INTEGRAL COLOR. MATLM EXIST E20.00~ sv.w0m 29 ZTi LF CONSTRUCT !'CURB ONLY (TYPEAI-B'J PER CITY STD.OWG. ND. 101. 550.001 511550.00 fu.06~ be.065.06 sx0.D0' 35.axow LONSTRVLT P.C.C. PAVEMENT. MATCH 351 2B SF EXISTING. ESO 00~ Etppu.DO 350.6011 EI,wD.oD Et D.DD I 5x50.00 I NCLUDING RELOCATING TWO EXISTING ~ ~. VALVES, REMOVAL OF ONE EXISTING VALVE AND REMOVAL OF ALL EXISTING SPRAY HEADS, uo,oo606 ttO,OW.00 ss.00p.aol I, 65.000 00 31 1 LS PER IRRIGATION PUN (COMPLETE IN PLACE) 52.000.00 dx o00m ' CA LL MOVE EXI .TREE AND X THEM TO APPROPRIATE BOX SIZE RANGE FROM 38'TO dB'BOX ANp PUCE THEM ONTHE 5x.060.00 Sxe.rop.o0 ttW W sa.zoo.0p ]2 14 EA SAFE AREA 5/00.00 tta00.00 TRAFFIC SIGNING. STRIPING AND PAVEMENT 33 1 L S MARKINGS PER PUN. COMPLETE INPUCE 5],300.00 ua0D O0 Y 000 0o fa 000.00 ss,000.00 55,000 op 39 1 L S TRAFFIC CONTROL 550000 6500.00 E],Spp.Dp' E3.s0O.o0 a9.ooo.ou ~ EB,DOp Op SubrotRl 66$.$5500 li Sno.6a0.oo Mxsxo UD I To2AC ams.su.w axE.wT.3o Sus csm uw.x)s.ao P104 STAFF REPORT ~ j I~NGI:~I~J-iRING SI?R\'U:I SS Dlir:utTMLNr RANCHO Date: April 1, 2009 C,,UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineeri Services/City Engineer By: Curt Billings, Associate Engineer ,L Shelley Hayes, Assistant Enginee 5~ Subject: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $239,300.00 INCLUDING ADDITIVE BID ITEM NO. 1, TO THE APPARENT LOW BIDDER, SILVIA CONSTRUCTION INC., AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $23,930.00, FOR THE ARROW ROUTE PAVEMENT REHABILITATION FROM MILLIKEN AVENUE TO ROCHESTER AVENUE, TO BE FUNDED FROM PROP. 16 FUNDS, ACCOUNT NO. 11943035650/1690194-0 RECOMMENDATION It is recommended that the City Council accept the bids received and award and authorize the execution of the contract in the amount of $239,300.00 including Additive Bid Item No. 1, to the apparent low bidder, Silvia Construction Inc., and authorize the expenditure of a 10% contingency in the amount of $23,930.00, for the Arrow Route Pavement Rehabilitation from Milliken Avenue to Rochester Avenue, to be funded from Prop. 1 B Funds, Account No. 11943035650/1690194-0. BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on March 10, 2009, for the subject project. The Engineer's estimate for the base bid and additive bid item number one was $306,295.00. Staff has reviewed all bids received and found them to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds the apparent low bidder meets the requirements of the bid documents. The scope of work consists of cold planing, striping, legends and pavement markers, loops, asphalt rubber overlay, routing, crack seal and dust blotter. The contract documents call for twenty (20) working days to complete this construction. Respectfully submitted, _.~/'~~ uer Director of Engineering Services/City Engineer MAS/CB/SH:Is Attachments P105 RANCHO CUCAMONGA ,~ r•' HILL51 E D /" i N ~ LSO AVE I ~ 24TH ST ' ~~ c ~~~ ST ~^ < ~ SUMMIT A HIGH ~ D A I MN ^~~ ~ ' y 30 ^ 19TH T 3D ~ °> > m 1. cZ N D~ j VICTORI PARK 8 LINE D ~ III C Y ~ ~ HUR ST TERRA IS A~ rW- ~ II x FOUTHI..L BLVD V ° ,y 10 C DR. ¢' ARROW ~ RTES > ¢ ARROW ~ o w ° ~ ~ a ~ ° ~ BNSF R ~ ~ ~ 6TH ST ° I I '~ ~ (~ .4TH sT ~ _ _ PROJB'CT SITS BID SCShNARY FOR BID OPENING MARCH 10, 3009 APPARENT LOwN/ODER 2 P 106 ARROR' ROUTE PAVEMENT REHABILITATION FROM MILLIKEN AVE TO ROCHESTER AVE ENGINEER'6 ESTIMATE 6N.VL1 CONSTRVCTION ALL AMERICAN ASPHALT URIT HID UIPiT ONIT NO QT4 UNIT DEBCRSI']ON C08T ' AMOUNT COST I pMOUNT CONT AMOUNT ASPHALT R BB R HOT MIX ~ARHM~, ' 1 1,950 TONS INCLUDING CRACK SEAL AND ROCK DUST $110.001 $2tasoo.oo 57E.ao1 Sts2,6as.oo $76.201 Staes9o.oo 2 12,500 $Y COLD PLANING $1.00 $12,500.00 $0.831 $10,375.00 $1.57 $19,625.00 ADJUST MANHOLE FRAME AND COVER TO ~ 3 10 EA FINISH GRADE $300.00 $3,000.00 $gg5.o0 ~ $4,450.00 S325.00 $3.250.00 ADJUST WATER VALVE BOX, GAS VALVE AND 4 23 EA COVER TO FINISH GRADE $65.OOi St.a9s.oo SaO.oo S920.00 $200.00 Sa,6oo.00 5 2 EA INSTALL CONSTRUCTION SIGNS $800.00 51,600.00 S67s.oo~ St,3so.0o StsaO.oo~ S3,o6o.00 STRIPING, LEG NDS AND PAVEMENT 6 1 LS MARKERS $15,000.00 515,000.00 S8,2o5.00 58,205.00 $B,o00.00, 58,000.00 7 22 EA INSTALL INDUCTIVE LOOPS $200.001 $4,400.00 5200.00 $a 900.00 $190.001 Sa,ta0.o0 8 1 LS TRAFFIC CONTROL $10,000.001 $to,ooo.oo Ss,ats.oo $s,ats.oo $aboo.oo~, 58,600.00 TOTAL $262,495.00 ~ 8388,200.00 8199,905.00 ADIIITI~'G Ii1U 1 7,300 SY Asphalt Rubber Aggregate Membrane (ARAM) 6 Sa 3.800.00 7' $st.t0o.oo 14, Slm Inn nn 3 < 5 ARROW ROUTE PAVEMENT REHABILITATION FROM IP6 INTERNATIONAL MILLIKEN AVE TO ROCHESTER AVE IMPERIAL PAVING CO. AARDY & HARPER PAVEMENT UMT BID UNCI DNIT ~ NO T4 UNIT DEBCRIP'TION COST I AMOUNT COBT ~ AMOUNT COBT AMOIRiT ASPHALT RUBBER HOT MIX (ARHM), 1 1,950 TONS INCLUDING CRACK SEAL AND ROCK DUST $82.001 $159,900.00 5aoso St sfi,97s.oo Sao.oo 5156,000.00 2 12.500 SY COLD PLANING $1.15 51 4,375.00 $0.85 $to,625.00 $1.45 S18,tz5.oo ADJUST MANHOLE FRAME AND COVER TO ~ i 3 f0 EA FINISH GRADE $450.00 $4,00.00 Ssso.oo Sssoo.oo $sso.ool $ssoo.oo ADJUST WATER VALVE BOX, GAS VALVE AND 4 23 EA COVER TO FINISH GRADE 520.00 5460.00 $10.00 5230.00 $14,.00 $4,255.00 I 5 2 EA INSTALL CONSTRUCTION SIGNS $400.00' Sboo.oo Ssoo.ool 51,000.00 S7so.oo $1,500.00 STRIPING, LEGENDS AND PAVEMENT , 6 1 LS MARKERS $7,500.00 $7,00.00 $10.479.001 510,379.00 Sa,7&o.001 58,780.00 7 22 EA INSTALL INDUCTIVE LOOPS $200.00 $4,400.00 St 95.00, $4,290.00 5220.001 54,840.00 8 1 LS TRAFFIC CONTROL $8,000.001 $8,000.00 $u,ooo.oo~ $n,ooo.oo $2,000.00 52,000.00 TOTAL 1 8199,935.00 8199,999.00 8201,000.00 1 ~ 7,300 ~ SY Asphalt Rubber Aggregate Membrane (ARAM) 9' 565,700.001 7.5 554.750.001 7.65 Sss nos nn~ Page 1 of 2 RID SUAIMARI' FOR BID OPENING MARCH ]0 2009 s P~ ~7 , 7 b ARROW ROUTE PAVEMENT REHABILITATION FROM MILLIKEN AVE TO ROCHESTER AVE LAIRD CONST. CO. INC. VANCE CORD GENTRY EROS INC. UNIT Bm UNIT ~ OBIT NO QTY VNIT DffiCR@TION COST AMOVNT CO6T ~ AMOUNT COST I AMOONT ASPHALT RUBBER H MIX (ARHM), 1 1.950 TONS INCLUDING CRACK SEAL AND ROCK DUST $75.OO Sta6,2so.oo 552.00 Sts9,9oo.00 $7s.ooi Sia6,2so.oo 2 12,500 SY COLD PLANING $1.37 $v,i2s.oo $o.eo Sto,ooo.0o SL4oII $t7soo.oo ADJUST MANHOLE FRAME AND COVER TO 3 f0 EA FINISH GRADE $400.OO Sa,ooo.00 $600.00 56.000.00 S3oo.ooi 53,000.00 ADJUST WATER VALVE BOX GAS VALVE AND I 4 23 EA , COVER TO FINISH GRADE $50.00 $t,tso.oo $2v.ool S62 t.oo Sso.oo SI,I SO.oo S 2 EA INSTALL CONSTRUCTION SIGNS $750.00 Stsoo.o0 5800.00 Si,6oo.0o Saoo.oa s3oo.o0 STRIPING, LEGENDS AND AVEMENT ' 6 7 LS MARKERS $8,500.00 Seso0.o0 510,000.001 bto,o0o.oa SIO,50o.00~ St0s0o.o0 7 22 EA INSTALL INDUCTIVE LOOPS $200.00 $4,aoo.o0 S2oo.00 54poo.oo $220.00, $4,Ba0.0o 8 1 LS TRAFFIC CONTROL $18,575.OO 513,575.00 $11,700.00 Su,7oo.00 523,000.001 $23,000.00 TOTAL ! 8zoi,soo.oo b2Da,221.DD bzoT,oao.oo , 8 f0 if ARROW ROUTE PAVEMENT REHABILITATION FROM MILLIXEN AVE TO ROCHESTER AVE RJ xoRLE co SULLY-MR.LER CONTRACTING NO TY UNIT DffiCRO'TION UNIT Bm C06T AMOUNT UNIT CO6T AMOUNT VN1T C06T AMOUNT A 1 1,950 TONS SPHALT RUBBER HOT MIX )ARHM), INCLUDING CRACK SEAL AND ROCK DUST $85.50 st66,725.0o Sa9.oo' S173aso.oo 2 3 12.500 10 SY EA COLD PLANING ADJUST MANH LE FRAME AND COVER TO FINISH GRADE $1.35 St6,$7s.oo $380.00: 53,900.00 St.as St3,i25.oo Sa7s.oo1 Sa,7so.oo , 4 23 EA ADJUST WATER VALVE BOX, GAS VALVE AND COVER TO FINISH GRADE $SO.OO Sl,tso.oo ~ s3o.oo~ 5690.00 i I 5 2 EA INSTALL CONSTRUCTION SIGNS $525.00 St,oso.oo Sa$s.oo~ 5970.00 ~ 6 i LS STRIPING, LEGENDS AND PAVEMENT MARKERS $8,300.00 53,300.00 56soa.ool 58,500.00 7 22 EA INSTALL INDUCTIVE LOOPS $197.00' $4,334.00 Szos.oo' S4,sto.oo 8 1 LS TRAFFIC CONTROL $11,000.00 5tt,ooo.oo S2.37s.oo 52,37s.oo TOTAL ~ b213,234.00 6213,470.00 8.9~ 564,970.OOI 8.5 Page 2 of 2 ~-~~~ '~X~.l P108 STAFF REPORT ENGINEERING SERVICES DEPARTMENT RANCHO Date: April 1, 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: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR CUP 99-53 LOCATED AT THE NORTHWEST CORNER OF 6TH STREET AND HAVEN AVENUE, SUBMITTED BY RANCHO HAVEN LLC RECOMMENDATION The required improvements for CUP 99-53 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond and accept a Maintenance Bond. BACKGROUND/ANALYSIS As a condition of approval of completion of CUP 99-53, located at the northwest corner of 6th Street and Haven Avenue, the applicant was required to complete improvements. The improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Bond and accept the Maintenance Bond. Developer: 224 Joy Street, Corona, CA 92879 Release: Faithful Performance Bond # 732479 S $521,000.00 (Bond No.) Accept: Maintenance Bond # 732479-S $52,100.00 (Bond No.) Respectfully submitted, uer Director of Engineering Services/City Engineer MAS:TLV Attachment(s) FOOTHILL( BLVD )W (ROUTE w w d Q w Q D Q ~ w I N LAN D 10 FRWY CITY OF RANCHO CUCAMONGA ENGWEERING DIVISION i ~~rr PRQ~JEC~TIGITE N ITEM: S'~//~Qq-~~13 TITLE: 1//c/n//T'y MAP P109 P110 RESOLUTION NO. Q 9' ~~y A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 99-53 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for CUP 99-53 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. P111 STAFF REPORT ENGINEERING SERVICES DEPARTMENT RANCHO Date: April 1, 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: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR DRC2006-00127 (PM 17866) LOCATED ON THE EAST SIDE OF ROCHESTER AVENUE, SOUTH OF FOOTHILL BOULEVARD, SUBMITTED BY WF CONSTRUCTION ,INC. RECOMMENDATION The required improvements for DRC2006-00127 (PM 17866) have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond and accept a Maintenance Bond. BACKGROUND/ANALYSIS As a condition of approval of completion of DRC2006-00127 (PM 17866), located on the east side of Rochester Avenue, south of Foothill Boulevard, the applicant was required to complete improvements. The improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Bond and accept the Maintenance Bond. Developer: 620 Arrow Highway, La Verne, CA 91750 Release: Faithful Performance Bond # SU5023089 (Bond No.) Accept: Maintenance Bond # SU5023089-A (Bond No.) Respectfully submitted, ~.-® euer Director of Engineering Services/City Engineer MAS:TLV $174,000.00 $17,400.00 Attachment(s) P112 CITY OF RANCHO CUCAMONGA ENGLNEER]NC DMSiON ITEM: /C C ?OQ~y~I?7 TITLE: YIC~IVI T / ~~ P113 RESOLUTION NO. Q9-Ds'J` A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2006-00127 (PM 17866) AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for DRC2006-00127 (PM 17866) 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: April 1, 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 P114 RANCHO C,UCAMONGA Subject: RELEASE OF MAINTENANCE GUARANTEE CASH DEPOSIT FOR PARCEL MAP 17938, LOCATED ON THE EAST SIDE OF PITTSBURGH AVENUE AT 5TH STREET, SUBMITTED BY ROCK-PITT LLC RECOMMENDAl10N It is recommended that City Council authorize the City Clerk to release the Maintenance Guarantee Cash Deposit, for Parcel Map 17938, located on the east side of Pittsburgh Avenue at 5th Street, submitted by Rock-Pitt LLC BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. DEVELOPER Rock-Pitt LLC 1221 Avenue of the Americas New York, NY 10020 Release: Maintenance Guarantee Cash Deposit #CR103178 Respectfully submitted, ~~~~~ euer Director of Engineering Services/City Engineer MAS:TLV $2,760.00 Attachment P115 VICINITY MAP ~ '~ NOT TO SCALE ~I_I . I )~ers~LQNd " I . I _ sey BHE :..~ la, la U ~ _L.. 4~r r.t::._ ~0.rt 'V' ,I< I _ ,. -. ~'~ J~.;•`-`.~_~'= :~w.. t ~iwn Lane I 11 ~J T I ~ .J:~ _~~1 rv ~~~'. Ir•.'-.. ,'rel. rr.'~_~'~~ i-" _ ,TI+ , ._t ~.~.%i'.. this{ 'Mlss~on:perlc•DC'..t~ Imo. ~~ ,: '.:• > 13f1C $t,'. - '-I.IE. y •SY' ~:.'.___ F...V 11f 1: b'.: , 'St'r l `.~,~ ,,r,~1~-'.,,{ b X44 ~.,~ i ., S'nsr I": ~< 1'-f_aa: use $t'. ~ ~v `-'P~~~~~'"}'Hw''SY,Y;'i:''F. •+'- .,E.M _~-V.~.~frqy ti,;r. i1l., r ~..s~~ ~'• _`,' I. .1,rf. `~...:.'' ''Iwi .~!;. ~1:C1.:' ~.. ...,I .I,-y,~,i{!V, fk:~.,. ~' ~i;: ~ IJJ j~`~-SIhS~ 'E 4th'St' .~`: ~~ . ~'?.~~f ..~:..ir.M~, kOLK SL.< .~ 1•! .' ~ '' ConmuriSt Q..j ~. .',...L'..^ _.I I . L.y7 ~' .r .aE:frPn.".~is' x_. _ '!DI :. 1~ /' ~ \ t: ~ N y ` ~ YJ!'J!'J(fff(!ll~MAgq kk~kkYY%% ~ ~ ~ r j ,6 ~_ ~ •`~: '. 3:... ~; I ®. ~. .I 'Ontarla~Mllls,_Pkwy •, ~~< T _ ~ ~~ .' .. 4 n ( .~ - _~~ :'t i~ ~; '. ~ '; ~ •; '~. 11,'4.0 ~~a . 1.: - I I ~i ~ r~'• ,'y'7~IC y05tl Rtl_ ~' _J ~.,.'~.1' j F_GnaSti Rtl..__. ~J.o~..~=1~~'=- _ "!~0200~MapOu~~nc~_Jl~ly'~:ly:y •. .• Cify of Rancho Cucamonga ENGINEERING DIVl510N Item: Parcel Map No. 77938 Title: VICINITY MAP EXHIBIT: 1 ~ ~~~~,,,,P116 STAFF REPORT ~~s~~~x.~ ENGINEERING DEPARTMENT CRANGHo Date: April 1, 2009 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: Trina Valdez, Public Services Technician II Subject: ACCEPT IMPROVEMENTS, RETAIN THE FAITHFUL PERFORMANCE BOND IN LIEU OF A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR PARCEL MAP 18680, LOCATED AT 9275 CHARLES SMITH AVENUE, SUBMITTED BY THE WILLIAM FOX GROUP, INC. RECOMMENDATION: The required improvements for The William Fox Group, Inc. 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 retain the Faithful Performance Bond in lieu of a Maintenance Bond. BACKGROUND/ANALYSIS: As a condition of approval of completion of The William Smith Avenue, the applicant was required to complete have been completed and it is recommended that the Performance Bond in lieu of a Maintenance Bond. Fox Group, Inc., located at 9275 Charles street improvements. The improvements City Council retain the existing Faithful Respectfully submitted, a euer Director of Engineering Services/City Engineer MAS:TLV Attachment(s) P117 City of Rancho Cucamonga Engineering Division Vicinity Map ~~~~ ~ ~ . :h`~, . V o ~ 6T~) N srH SUBTPM18680 Y SAN MARINO ~/ I. o ,~ z o i a o. 08 ~ --~ a I ° _ LL i z H m t ~ - .~. 4T 4THI N W r E S Item: j'/.~RcE1. MAP ~ SGSO Title: 1IIGINIT"Y MAP P118 RESOLUTION NO. O -1 - C~ S~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 18680 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Parcel Map 18680 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: April 1, 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 BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR TRACT 16726, LOCATED NORTHWEST CORNER OF DAY CREEK BOULEVARD AND BANYAN STREET, SUBMITTED BY YOUNG CALIFORNIA CUCAMONGA, L.P. RECOMMENDATION The required improvements for Tract 16726 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 Tract 16726, located northwest corner of Day Creek Boulevard and Banyan Street, 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: Young California Cucamonga, L.P.: PO Box 2869, San Ramon, CA 94583 Release: Faithful Performance Bond 2137758 $ 375,900.00 (Bond No.) Respectfully submitted, ,~ ::-S euer Director of Engineering Services/City Engineer MAS:TLV P119 Attachment(s) P120 RANCHO CUCAMONGA TITLE: vicinity Mao £or •^~•l-.~.+-•-~•+•~- ~••••~~~~* ~ AYLTTR TT~ Aanrhn FfimanAa CITY OF NORTH ~ IQTS P121 RESOLUTION NO. D / - d S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16726 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Tract 16726 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. P122 STAFF REPORT ~- ~ ' PL,~11~?~1ING DEP:IRTD~I~T r~ RANCxo C,UCAMONGA Date: April 1, 2009 To: Mayor and Members of the City Council From: James R. Troyer, AICP Planning Director By: Tabe van der Zwaag, Associate Planner Subject: ENVIRONMENTAL ASSESSMENT AND TERRA VISTA COMMUNITY PLAN AMENDMENT - DRC2008-00761 - LEWIS OPERATING CORP. - A request to reduce the front-to-front building separation from 30 feet to 16 feet and the side-to-side building separation requirement from 15 feet to 8 feet for two-story buildings within the Medium-High Residential Development District (14-24 dwelling units per acre) of the Terra Vista Community Plan. Related Files: Tentative Tract Map SUBTT18710, Development/Design Review DRC2008-00306 and Variance DRC2008-00762. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. RECOMMENDATION: Staff recommends that the City Council affirm their initial action taken on March 18, 2009, to approve the Terra Vista Community Plan Text Amendment DRC2008-00761 through adoption of the Ordinance for DRC2008-00761. Respectfully submitte/d~^'~~ ~I ~~ D Jal~Tro er AICP Y , Planning Director JRT:TV/ge P123 ORDINANCE NO. 811 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2008-00761, A REQUEST TO REDUCE THE FRONT-TO-FRONT BUILDING SEPARATION FROM 30 FEET TO 16 FEET AND THE SIDE-TO- SIDE BUILDING SEPARATION REQUIREMENT FROM 15 FEET TO 8 FEET FOR TWO-STORY DUPLEX AND DETACHED SINGLE-UNIT BUILDINGS WITHIN THE MEDIUM-HIGH DENSITY RESIDENTIAL DISTRICT (14-24 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals 1. Lewis Operating Corporation filed an application for Terra Vista Community Plan Amendment DRC2008-00761, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Terra Vista Community Plan Text Amendment is referred to as "the application." 2. On November 12, 2008, the Planning Commission approved the initiation of Terra Vista Community Plan Text Amendment DRC2008-00761. 3. On January 14, 2009, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above-referenced Terra Vista Community Plan Amendment DRC2008-00761 and, following the conclusion thereof, adopted its Resolution No. 09-03 recommending that the City Council of the City of Rancho Cucamonga adopt said Terra Vista Community Plan Amendment DRC2008-00761. 4. On March 18, 2009, the City Council of the City of Rancho Cucamonga conducted a duly-noticed public hearing on the application. 5. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Based upon substantial evidence presented to the City Council during the above- referenced public hearing March 18, 2009, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application applies to property located within the City; and b. The amendment proposes reducing the required front-to-front building separation from 30 feet to 16 feet and the side-to-side building separation requirement from 15 feet to 8 feet. The amendment will only apply to detached single-unit buildings and two-story duplex buildings within the Medium-High Density Residential District of the Terra Vista Community Plan. Specifically, Chapter V of the Terra Vista Community Plan will be amended by adding the following underlined text: Community Development Standards, Medium-High P124 Ordinance No. 811 Page 2 of 10 Density Residential Site Development Standards, page V-15: (h) Building separations: The standards from the Rancho Cucamonga Development Code shall apply except for the following feet; and c. Proper site planning can overcome any issues that may arise from the reduced building separations, and that future residents of projects developed using this criteria will be afforded the same high quality-of-life standards expected from all developments within the City; and d. The proposed Terra Vista Community Plan Amendment will provide the necessary legislative action that will permit a variety of multi-family dwelling unit types for rental purposes, such as duplexes and detached units, which are not typically found in apartment home communities. e. The proposed amendment is in conformance with the General Plan and objectives of the Terra Vista Community Plan; and f. The proposed Terra Vista Community Plan Text Amendment will not have a significant impact on the environment. 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 Terra Vista Community Plan Text Amendment does not conflict with the Land Use Policies of the General Plan and will provide for development, within the district, in a manner consistent with the General Plan and with related development; and b. The proposed Terra Vista Community Plan Text Amendment does promote the goals and objectives of the Development Code, and; c. The proposed Terra Vista Community Plan Text Amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. The subject application is consistent with the objectives the Terra Vista Community Plan; and e. The proposed amendment is in conformance with the General Plan. PizS Ordinance No. 811 Page 3 of 10 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the Terra Vista Community Plan Amendment will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Mitigation Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The City Council has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The City Council further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. Based on these findings, the City Council adopts the Mitigated Negative Declaration. c. The City Council also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The City Council adopts the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program, and all other materials which constitute the record of proceedings upon which the City Council's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this City Council hereby approves Terra Vista Community Plan Text Amendment DRC2008-00761, thereby amending Chapter V, Community Development Standards, Medium- High Density Residential Site Development Standards, page V-15, (h) Building separations, with the addition of the following underlined text to the existing regulations: The standards from the Rancho Cucamonga Development Code shall apply except for the following exception: Two-story duplex and detached single-unit buildings may be developed with a reduced front-to-front building separation of 16 feet and aside-to-side building separation of 8 feet. P126 Ordinance No. 811 Page 4 of 10 Planning Department 1) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits, the developer shall submit construction plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: Reestablish ground cover on the construction site through seeding and watering. Pave or apply gravel to any on-site haul roads. Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. P127 Ordinance No. 811 Page 5 of 10 • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City, if silt is carried over to adjacent public thoroughfares or occur as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with SCAQMD Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce Fine Particulate Matter (PM,o) emissions, in accordance with SCAQMD Rule 403. 7) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible. 8) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. 9) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 10) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity far the City to establish its archaeological value. Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. P128 Ordinance No. 811 Page 6 of 10 Pursue educating the public about the archaeological heritage of the area. Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report, with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit the summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy to the report to the San Bernardino County Museum. P129 Ordinance No. 811 Page 7 of 10 Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM,o emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM,o emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM,o emissions from the site during such episodes. 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions. Hydrology and Water Quality 1) Prior to issuance of grading permits, the permit applicant shall submit to the Building Official for approval, Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An erosion control plan shall be prepared, included in the grading plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This erosion control plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. P130 Ordinance No. 811 Page 8 of 10 5) The developer shall implement the BMPs identified in the Water Quality Management Plan (WOMP), prepared by Madole & Associates, Inc. on September 15, 2008, to reduce pollutants during the construction phase of project from entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 7) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a WOMP, including a project description and identifying BMPs that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WOMP shall identify the structural and non- structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 8) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Noise 1) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 2) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. The developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 3) The perimeter block wall shall be constructed as early as possible in the first phase. P131 Ordinance No. 811 Page 9 of 10 4) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 6. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. Please see the Iollowing page /or /ormal atlopfion, certification and signatures P132 Ordinance No. 811 Page 10 of 10 PASSED, APPROVED, AND ADOPTED this 1st day of April 2009. Donald J. Kurth, M.D., Mayor ATTEST: Janice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 18th day of March 2009, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 1st day of April 2009. Executed this 2nd day of April 2009, at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk P133 STAFF REPORT ENGINEERING SERVICES DEPARTMENT 12ANCxo Date: April 1, 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' Dan James, Senior Civil Engineer Subject: CONSIDERATION OF AN AMENDMENT TO TITLE 12 RANCHO CUCAMONGA MUNICIPAL CODE CHAPTER 12.16 REGULATION OF NEWSPAPER RACKS (SECOND READING) RECOMMENDATION Staff recommends that the City Council approve the second reading of the proposed amendment to Title 12 of the Rancho Cucamonga Municipal Code Chapter 12.16 Regulation of Newspaper Racks. BACKGROUND/ANALYSIS On March 18, 2009, Staff provided a written and oral report to the City Council regarding the request to adopt Ordinance 812 amending Municipal Code Chapter 12.16 Regulation of Newspaper Racks. The City Council unanimously approved the proposed Ordinance with no changes. Respectfully submitted, ~~~'~~`- ar . Steuer Director of Engineering Services/City Engineer MAS/DJ:alrw P134 ORDINANCE NO. 812 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA MAKING TECHNICAL CHANGES TO THE CITY'S NEWSRACK REGULATIONS, AND AMENDING TITLE 12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE Section 1. Chapter 12.16 of Title 12 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: Chapter 12.16 "Sections: REGULATION OF NEWSRACKS 12.16.010 Intent and purpose. 12.16.020 Definitions. 12.16.030 Compliance with newsrack standards required. 12.16.040 Prohibited installations. 12.16.050 Placement standards. 12.16.060 Maintenance standards. 12.16.070 Display of certain matter prohibited. 12.16.080 Display of harmful matter. 12.16.090 Violation--Notice to owner. 12.16.100 Impounding of newsracks--When authorized. 12.16.110 Impounding of newsracks--Notice to owner. 12.16.120 Return of impounded newsracks--Conditions. 12.16.130 Sale or disposal after impoundment. 12.16.140 Impoundment--Hearing procedures. 12.16.150 Appeals. 12.16.160 Restoration following newsrack removal. 12.16.010 Intent and purpose. The city council of the City of Rancho Cucamonga finds that newsracks, stands, containers, and similar newspaper and vending devices have proliferated and increased in areas of the City of Rancho Cucamonga to the extent that, in some instances, they constitute a threat to the public health, safety, and welfare by impeding pedestrian traffic and interfering with ingress and egress to and from buildings, vehicles, and public modes of transportation. The purpose of this chapter is to promote the public health, safety, and welfare through the regulation of placement, appearance, number, and size and servicing of newsracks on public rights-of-way so as to: A. Provide for pedestrian and driving safety and convenience; B. Insure no unreasonable interference with the flow of pedestrian or vehicular traffic including ingress into, or egress from, any residence or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles; C. Provide reasonable access for the use and maintenance of sidewalks, poles, posts, traffic signs or signals, hydrants, mailboxes, and access to locations used for public transportation services; Ordinance No. 812 Page 2 of 10 D. Reduce visual blight on the public rights-of-way and protect the aesthetics of store window displays, public landscaping, and other improvements; E. Maintain and protect the value of surrounding properties; F. Reduce exposure to the city to personal injury or property damage claims and litigation; G. Protect the right to distribute information as protected by the state and federal constitutions through the use of newsracks; H. Avoid interference with the emergency activities of public safety agencies. It is not the intent of this chapter to in any way discriminate against, regulate, or interfere with the publication, circulation, distribution, or dissemination of any newspapers or other written materials. 12.16.020 Definitions. For purposes of this chapter, the following words and phrases shall be construed to have the meanings herein set forth, unless it is apparent from the context that a different meaning is intended: 'Director' means the director of community development of the City of Rancho Cucamonga or his or her designee. 'Explicit sexual acts' means depictions of sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, sadism, masochism, or excretory functions in conjunction with sexual activity, masturbation, or lewd exhibition of genitals, whether any of the above conduct is depicted or described as being performed alone or between members of the same or opposite sex or between humans and animals, or other acts of sexual arousal involving any physical contact with a person's genitals, pubic region, pubic hair, perineum, anus, or anal region. 'Newsrack' means any self-service or coin-operated box, container, storage unit, or other dispenser, including any attached support structure, that is installed, used, or maintained for the display, sale, or distribution of any publication. 'Owner' means any person or company whose name appears as an owner on a newsrack as required by Section 12.16.050 L of this chapter. 'Parkway' means that area between the sidewalks and the curb of any street, and where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. Parkways shall also include any area within a roadway which is not open to vehicular travel. 'Public right-of-way' means any place of any nature which is dedicated to use by the public for pedestrian and vehicular travel, and includes, but is not limited to, a street, sidewalk, curb, gutter, public easement, crossing, intersection, parkway, highway, alley, lane, mall, court, way, avenue, boulevard, road, roadway, viaduct, bridge, thoroughfare, park, square, and any other similar public way. 'Roadway' means that portion of a street improved, designed, dr ordinarily used for vehicular travel. 'Sidewalk' means any surface provided for the use of pedestrians. 'Street' means all that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys, and sidewalks. 12.16.030 Compliance with newsrack standards required. P135 No person shall install, use, or maintain, or cause to be installed, used, or maintained, any newsrack that, in whole or in part, rests upon, in, or over any public right-of-way, except as provided in this chapter. Ordinance No. 812 Page 3 of 10 12.16.040 Prohibited installations. A. No person shall install, use, or maintain, or cause to be installed, used, or maintained, any newsrack which projects onto, into, or over any part of the roadway of any public street, or which rests, wholly or in part, upon, along, or over any portion of the roadway of any public street; or which projects or rests within any required setback area or where otherwise prohibited by the Development Code of the City of Rancho Cucamonga. For purposes of application of the Development Code to newsracks, a newsrack shall be deemed to be a structure. B. No person shall install, use, or maintain, or cause to be installed, used, or maintained, any newsrack which, in whole or in part, rests upon, in, or over any public sidewalk or parkway, when such installation, use, or maintenance: 1. Would likely endanger the safety of persons or property; or 2. Is on a site or location used for public utility purposes, public transportation purposes, or other governmental purpose; or 3. Would likely and unreasonably interfere with or impede the flow of pedestrian or vehicular traffic, including access to any legally parked or stopped vehicle; or 4. Would likely and unreasonably interfere with or impede ingress into or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near the location; or 5. Would interfere with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery. 12.16.050 Placement standards. Any newsrack which, in whole or in part, rests upon, in, or over any public sidewalk or parkway shall comply with the following standards: A. Each newsrack shall be installed in an upright and secure position. B. Each newsrack shall be of a type that is completely enclosed with aself-closing door that is either self-latching or otherwise requires manual or mechanical release at each use. C. No newsrack shall exceed forty inches in height, thirty inches in width, or twenty-four inches in thickness. D. Newsracks shall only be placed near a curb or adjacent to the wall of a building. Newsracks placed near the curb shall be placed no less than eighteen inches nor more than twenty-four inches from the edge of the curb and shall not open toward the roadway. Newsracks placed adjacent to the wall of a building shall be placed parallel to the wall and not less than six inches nor more than eighteen inches from the wall. No newsrack shall be placed or maintained on a sidewalk or parkway opposite a newsstand or another newsrack. P136 P137 Ordinance No. 812 Page 4 of 10 E. No newsrack shall be chained, bolted, or otherwise attached to: 1. Any property without the express written permission of the owner of such property; provided however, that the director may require newsracks to be secured to the sidewalk by means of an approved device; or 2. Any fixture located in the public right-of-way, except to other newsracks, including but not limited to, any tree, streetlight post, traffic signal, or sign. F. Attachment to Other Newsracks. Newsracks, when placed side-by-side, may be chained or otherwise attached to one another, provided that no group of newsracks shall extend for a distance of more than ten feet along a curb, and a space of not less than six feet shall separate each group of newsracks. . G. Notwithstanding the provisions of Section 12.16.040, no newsrack shall be placed, installed. used or maintained: 1. Within ten feet of any marked mid-block crosswalk; or 2. Within thirty feet of any street or alley curb return; or 3. Within eight feet of any fire hydrant, fire call box, curb bordering any fire access lane, police call box, or other emergency facility; or 4. Within ten feet of any driveway; or 5. Within five feet ahead of or twenty-five feet to the rear of any sign marking a designated bus stop; or 6. Within six feet of any bus bench or bus shelter; or 7. At any location whereby the clear space for the passageway of pedestrians is reduced to less than four feet; or 8. Within three feet of any area improved with lawn, flowers, shrubs, or trees or within three feet of any display window of any building abutting the sidewalk or parkway or in such manner as to impede or interfere with the reasonable use of such window for display purposes. H. Color. Newsracks shall be of unobtrusive neutral colors of grey, brown, or black in order to blend in with the streetscape. I. Materials. Newsracks shall be constructed of metal, except for the display window. J. No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale, or purchase of the newspaper or printed material sold therefrom. K. Each newsrack shall be constructed and located in compliance with this chapter and in such manner as to comply with all state and federal regulations concerning access by disabled persons. Ordinance No. 812 Page 5 of 10 L. Each newsrack shall have affixed thereto, in a place where such information may be easily seen, the correct name, address, and telephone number of the current owner. By placing a newsrack within or upon any public sidewalk or parkway, the owner shall be deemed to have consented to receive any notices given pursuant to this chapter, by mail, at the address affixed to such newsrack. M. Upon transferring ownership of a newsrack, the new owner shall be responsible for continued compliance with the provisions of this chapter. 12.16.060 Maintenance standards. Each newsrack shall be maintained in a clean and neat condition and in good repair at all times in accordance with the following provisions: A. Each newsrack shall prominently display the correct name, address and telephone number of the current owner thereof. B. Each newsrack shall be maintained in a condition that is free of accumulations of outdated printed materials, trash, rubbish or debris. C. Each newsrack shall be regularly serviced, repaired and/or maintained so that: 1. It is kept reasonably free of chipped, faded, peeling, and cracked paint in the visible, painted areas thereof; 2. It is kept reasonably free of rust and corrosion in the visible, unpainted metal areas thereof; 3. The clear glass or plastic parts thereof, if any, through which the printed material being dispensed, are not broken and are kept reasonably free of tears, peeling, fading, dirt, or grime; 4. The structural parts of the newsrack are not broken or unduly misshapen, and are otherwise safe for normal use. 5. The newsrack bears no visible evidence of 'graffiti', as that term is defined in Section 8.24.020 of this Code. 12.16.070 Display of certain matter prohibited. Publications offered either for sale or at no charge from newsracks placed or maintained on or projecting into or over a public right-of-way shall not be displayed or exhibited in a manner which exposes to public view from any public right-of-way any of the following: A. Any statements or words describing explicit sexual acts, sexual organs, or excrement where such statements or words have as their purpose or effect sexual arousal, gratification, or affront; P138 B. Any picture or illustration of genitals, pubic hair, perinea, anuses, or anal regions of any person where such picture or illustration has as its purpose or effect sexual arousal, gratification, or affront; P139 Ordinance. No. 812 Page 6 of 10 C. Any picture or illustration depicting explicit sexual acts where such picture or illustration has as its purpose or effect sexual arousal, gratification, or affront. 12.16.080 Display of harmful matter. A. Definitions. For purposes of this section, the terms harmful matter, matter, person, knowingly, exhibit, and minor shall have the meanings specified in Section 313 of the California Penal Code, or any successor provisions thereto. For the purposes of this section, the term blinder rack shall mean opaque material placed in front of, or inside, the newsrack and which prevents exposure to public view. B. Prohibition. No person shall knowingly exhibit, display, or cause to be exhibited or displayed, harmful matter in any newsrack located, in whole or in part, in or on a public right-of-way or other public place from which minors are not excluded, unless blinder racks have been installed so that the lower two-thirds of the matter is not exposed to public view. 12.16.090 Violation--Notice to owner. Whenever any newsrack is found to be in violation of this chapter, the director may cause a tag to be attached to such newsrack specifying the date and nature of the violation. Within three calendar days thereafter, a written notice of such violation shall be sent by first-class mail by the director to the owner, provided the owner's name and address appear on the newsrack as required in Section 12.16.050 L, specifying the nature of the violation and that the newsrack shall be impounded if corrections are not made. The owner shall, within ten calendar days from the date on which the notice of violation was mailed, either cause the violation to be corrected or request a hearing pursuant to Section 12.16.140. 12.16.100 Impounding of newsracks--When authorized. A. If an owner fails to timely correct the violation(s) specified in the written notice, and fails to request a hearing within the time provided herein, the director may impound such newsrack or newsracks. B. In the event a newsrack does not have the owner's name, address, and telephone number affixed thereto as required by this chapter, then such newsrack may be impounded if, within ten calendar days of the date the violation tag was affixed, the owner has not requested a hearing as provided in Section 12.16.140, in which case the newsrack shall be deemed to be abandoned. C. Where the installation, use, or maintenance of a newsrack creates an immediate threat to the public health, safety, or welfare, it may be impounded, provided written notice is thereafter provided to the owner by first-class mail pursuant to Section 12.16.110 of this chapter. D. When such newsrack has been abandoned, it may be impounded. For purposes of this section, a newsrack shall be deemed abandoned when it has remained empty for thirty consecutive days or longer or no new publication has been placed in the newsrack for forty-fve days or longer. Upon abandonment, a newsrack may be impounded without prior notice, provided post-impoundment notice is given to the owner, if the owner can be identified, pursuant to Section 12.16.110. Ordinance No. 812 Page 7 of 10 12.16.110 Impounding of newsracks--Notice to owner. Whenever any newsrack is impounded, the director shall provide written notice by first-class mail to the owner at the address shown on the newsrack within three calendar days, of such impoundment and of the rights of the owner to recover such impounded newsrack(s). 12.16.120 Return of impounded newsracks--Conditions. A. Any newsrack, together with its contents, which has been impounded shall be returned to the owner: If a hearing is not timely requested, upon receipt of an impound fee within thirty days of impoundment, the amount of which has been set by resolution of the city council; or 2. Upon a determination, after hearing by the director, that the newsrack should not have been impounded and should be returned to the owner; or 3. Upon a decision by the administrative hearing officer on appeal that the newsrack should not have been impounded. B. In the event a hearing has not been requested within the time permitted, an impound fee, the amount of which has been set by resolution of the city council, shall be imposed upon the owner. 12.16.130 Sale or disposal after impoundment. The director may sell or otherwise dispose of any newsrack, together with its contents, and retain the proceeds, on behalf of the city, from any such or other disposition and any moneys contained in the newsrack at the time of its impoundment, provided that either: A. Thirty days have elapsed since impoundment occurred and (i) the owner is unknown; or (ii)required notice was given to the listed owner but no hearing has been requested within the time permitted, and the owner has failed to pay all impound fees assessed; or B. A hearing or an appeal, if filed, has resulted in a final determination that the newsrack was properly impounded and impound fees assessed have not been received within thirty days from the date of said final determination. 12.16.140 Impoundment--Hearing procedures. A. Any newsrack owner may file a written request with the director for a hearing within the time specified in Section 12.16.090, for the purpose of demonstrating that a newsrack should not be impounded, was improperly impounded, or that a violation as specified in the notice of violation has not in fact occurred. B. Notice of Hearing. Within five calendar days from the date on which the request for hearing is received, the director shall set a hearing date and shall notify the owner by first- class mail of the date, time, and place of such hearing. The hearing shall occur within ten calendar days of the date of mailing the notice. P140 Ordinance No. 812 Page 8 of 10 C. Conduct of Hearing. At the time set for the hearing or at the date to which the hearing is continued, the director shall receive all evidence relevant to the occurrence or non-occurrence of the specified violation(s), the compliance or non-compliance with any or the provisions of this chapter, and any other relevant information. The hearing need not be conducted according to technical rules relating to evidence and witnesses. D. Decision after Hearing. Within ten calendar days after the conclusion of the hearing, the director shall find and determine, from the facts adduced at the hearing, whether the newsrack is in violation of this chapter. The decision of the director shall be in writing and shall contain findings of fact, a determination of the issues presented and the amount of the impound fee, if any, to be imposed. Thereafter, the director may order the owner to remove such newsrack, if determined to be in violation of this chapter, within ten calendar days of the mailing date of the decision. If a notice of appeal is not timely filed during said ten-day period, the director may thereafter order the newsrack to be impounded without further notice to the owner. E. Notice of Decision. The director shall send to the owner, by first-class mail, a copy of the decision and order. 12.16.150 Appeals. A. Any newsrack owner may, within ten calendar days of the mailing date of the copy of the director's decision and order, appeal such decision to an administrative hearing officer appointed by the city manager in accordance with the provisions of Section 1.12.150 of this Code, by filing a written notice of appeal with the director. If no hearing was timely requested and a newsrack was impounded, then the owner may appeal such impoundment provided a written notice of appeal is received by the director within ten calendar days of such impoundment. B. An appeal shall set forth in writing specifically wherein the appellant believes there was error or abuse of discretion on the part of the director. The director shall, within ten calendar days, transmit the appeal, together with a copy of his or her file, decision and order, to the appointed administrative hearing officer who shall set the matter for hearing. The hearing shall be conducted in accordance with the procedures set forth in Sections 1.12.160 and 1.12.170 of this Code. C. The administrative hearing officer shall, upon receipt of the material specified in the preceding paragraph from the director, and after a hearing: Affirm the decision and order of the director; or Reverse or modify the decision and order, and refer the matter back to the director; or Where no hearing before the director was timely requested, sustain the impoundment or impose fees or order the newsrack returned with or without fees being imposed. P141 Ordinance No. 812 Page 9 of 10 12.16.160 Restoration following newsrack removal. In the event an owner removes any newsrack, or has a newsrack removed by the director following hearing and/or appeal, if any, it shall be such owner's responsibility to restore the site of the newsrack to an undamaged condition. Undamaged condition shall mean a condition which is smooth, free of holes, fasteners, and physical devices of any nature, such that another newsrack may be located on that specific site without further restoration. In the event such newsrack owner fails to restore the site as required herein, the City of Rancho Cucamonga shall be authorized, at its discretion, to restore the site following the expiration of five calendar days prior written notice to the owner stating his or her obligation to perform restoration. The cost of such restoration performed by the city shall be recoverable from the owner as a debt in a contract action." Section 2. The adoption of this Ordinance shall not affect or excuse any violation of Chapter 12.16 of Title 12 of the Rancho Cucamonga Municipal Code, occurring prior to the effective date of this Ordinance. Section 3. The City Clerk shall certify to the adoption of this Ordinance. P142 Please see the following page for formal adoption, certi/ication antl signatures Ordinance No. 812 Page 10 of 10 PASSED, APPROVED, AND ADOPTED this 1st day of April 2009. Donald J. Kurth, M. D., Mayor ATTEST: Janice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 18th day of March 2009, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 1 sc day of April 2009. Executed this 2nd day of April 2009, at Rancho Cucamonga, California. P143 Janice C. Reynolds, City Clerk STAFF REPORT ~~= " ~, ~~-' RANCHO CUCAMONGA FIRE PROTECTION DISTRICT _r RANCHO Date: April 1, 2009 CLJCAMONGA 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 (NEW BEGINNINGS FAMILY WORSHIP CENTER - APNS 0207-241-31 & 46 -ANNEXATION NO. 09-1) 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 (New Beginnings Family Worship Center-Annexation No. 09-1) to existing Community Facilities District No. 85-1 ("CFD No. 85-1 ") and calling a special election for such purpose. BACKGROUND New Beginnings Family Worship Center has submitted a proposal to construct a 1,464 sq.ft. addition on 43 acres identified as APNs 0207-241-31 & 46 (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 February 18, 2009, 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 an annexation map (Exhibit "A") of the territory proposed to be annexed and the Resolution of Intention to Annex APNs 0207-241-31 & 46 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 April 1, 2009. P144 P145 Annexation of Territory to an existing CFD 85-1 April 1, 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 April 8, 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. New Beginnings Family Worship Center, 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. New Beginnings Family Worship Center, 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 April 8, 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. Respectfully submitted, Petef M. B an Fire Chie Attachments EXHIBIT 'A' F146 .~,Y. ,~. >Sf• , rz , ANNE %ATION MAP NO. Oq~I OF COMMUNITY FACILITIES DISTRICT N0. 85-1 OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COUNTY OF $AN BERNARDINO, STATE OF CALIFORNIA •02 MS .r[ulq •Y 9•w 0Yr rw w K Wf +s •0 M [. Rn• T M M1wW +r[¢p ry1 nY MOK RPC R Dy+/n ram mmc• IIORtY• p v( eupq fv[YbW A[ riF[Mi b[rM •. fr..morY =r. o . sm_ ~c 5 + /-9-~ Q~ sr oO ~-~ .+ .. ~ r woos.,or rc ..erzcm~osrc. s•.rz o rµcor+ s +.rr c r8 .. M . r. as.esv m r i i : w c ' R i w e Y s+.ru rc rcr as- o . a :..i¢o io m.rM.n r+a S o r e.erw... m Ynofo e. rortenr mrrt•. ew.n o sY evr.Yan, surz eow a rzc~ws v m rs rert~ o; n• +r + cbt.e RfrO Murzr. +iwaM_w.v rsburiw+R MS YKUNi •Y u[rdi M W~ ~ n IY.VT WK• - 6 M HMO O.(inrU lE ROR[ bSNCf~CW VnU}SY e{rM•A SLR 6 ~ r+O 4WROr ~ V •ucR. e ip~. 6rSY R LOMM1 RNLP ~ 1~[ 4V/n 6 SY B[r+9O. f4fP•u M YO[rYM1 i•+R 6fµ[µ/Wn+~ rOR[m• oSrCr NINTH STREET I ~- xsa'00'OO'[ 4 xonm_ _ _ _~______- o iTti n I o i rroovo'mZ us.Tr '. mm ~ ~ ~ ver v.n ~ w I w I a , I I ~ I j ~ I c y J I I ~j - I ~~5 > ` I c~~ a1rU q I I <<O ~`L~ c ~ < ~ \L ~ < ( ~1~ I v R ~f ~~ ~ ~ ,~ ti Y ~ ry~ ` r . ! ti - .j\~ r ~ ~ ~ A C s~ J ~ h~ am' ~ ~ ~ rU •C 7 "• l `~ ~~ _ .~ ~~ I 8 I I M I B I LOT 3 LOT 1 I LG'"f 2 LO TL I LOT 3 I ~ I I I I .vx. otor-on-m I i RLODJ'OU~ ~ I ».ro' + ~ 8 ssv ~ gg5 n SA - S _ ---- - - --w.w -- -- - - - W000'00'f X0]3+' uit• a. o¢. xo vcomeo s .o n j N ~ lY ORf) R'~ RT f R RN RR NO ~ + e M u~o s o ~=re+'z+ +~ b +S3[Syp~µV tartan ru.V RS bzrL•i +•eYt ~M[ 40.(51 6 •M..w.roe_ uAA arCrmWA-r Wrt+ SY lpxuprq P147 RESOLUTION NO. FD 09- O ~ 9 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. 09-1) 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') ofthe RANCHO CUCAMONGA FIRE PROTECTION DISTRICT (the "Fire Protection DistrcY'), 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 orwithin 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 landownerwho 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; P148 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 qualified electors of the Annexation Area; D. the Secretary, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of this resolution; 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 "Annexation Map No. 09-1 of Community Facilities District No. 85-1 of the 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 financed 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 insufficient detail the method of apportionment to allow each landowner or resident within the Annexation Area to clearly estimate the maximum amount of the special tax that such person will have to pay. P149 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 Pursuantto 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 specifc 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 beheld on the 8th day of April 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 "Annexation Map of Community Facilities District No. 85-1 Annexation No. 09-1 Rancho Cucamonga Fire Protection District, County Of San Bernardino, State Of California" (the "Annexation Map") P150 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 fnance 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 hereby authorized 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 offcers necessary election supplies for the conduct of the election. Cause to be printed the requisite number of 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 and/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 number of votes given in the election. 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. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. P151 Resolution No. FD 09- Page -5- PASSED, APPROVED, AND ADOPTED this _ day of 2009. AYES: NOES: ABSENT: ABSTAINED: Donald J. Kurth, M.D., President ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the day of 2009. Executed this day of 2009 at Rancho Cucamonga, California. Janice C. Reynolds, Secretary P152 Resolution No. FD 09- Page -6- EXHIBIT "A" COMMUNITY FACILITIES DISTRICT NO. 85-1 ANNEXATION NO. 09-1 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 fre suppression services, the Maximum Special Tax in Community Facilities District No. 85-1, Annexation No. 09-1 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 151 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. P153 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 Tax for each separate floor above or below the main ground floor of the structure. LIMITATION ON SPECIAL TAX LEVY The Special Tax shall only be levied on Developed Property. Developed Property is defined to be property: which is not owned by a public or governmental agency; which is not vacant; - where a "certificate of occupancy" or "utility release" from the City of Rancho Cucamonga has been issued; which has an existing building or structure onsite; - which does not have as its sole use power transmission towers, railroad tracks, and flood control facilities. Areas granted as easements for such purposes shall be subtracted from the total acreage of the underlying lot. The annual levy of the Special Tax shall be based upon an annual determination by the Board of Directors of the Rancho Cucamonga Fire Protection District of the amount of other revenues available to meet budget requirements. As used in this formula, "available revenue" shall include ad valorem taxes, State of California augmentation, tax increment revenues received from the Redevelopment Agency of the City of Rancho Cucamonga and any other source of revenue except the Special Tax. The Board of Directors shall take all responsible steps to retain maximum Redevelopment Agency funding to which, by agreement, they may lawfully receive. To the extent available revenues are insufficient to meet budget requirements, the Board of Directors may levy the Special Tax. For further particulars regarding the rate and method of apportionment of the Special Tax, reference is made to the Final Report Mello-Roos Community Facilities District No. 85-1 for Fire Suppression Facilities/Services -Foothill Fire Protection District, a copy of which is on file in the office of the Fire Chief of the Rancho Cucamonga Fire Protection District. STAFF REPORT - ADMINISTRATIVE SERVICES DEPARTMENT RANCHO Date: April 1, 2009 C,UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: John R. Gillison, Deputy City Manager/Administrative Services By: Tamara L. Layne, Finance Director Subject: CONSIDERATION OF A RESOLUTION AUTHORIZING THE CREATION OF REVENUE ENHANCEMENT ZONES WITHIN THE CITY FOR THE PURPOSE OF GENERATING ADDITIONAL PROPERTY TAX REVENUE FOR THE CITY OF RANCHO CUCAMONGA RECOMMENDATION It is recommended that the City Council approve the attached resolution authorizing the creation of Revenue Enhancement Zones (REZ) within the City for the purpose of generating additional property tax revenue for the City of Rancho Cucamonga. BACKGROUND On February 28, 2006, the San Bernardino County Board of Supervisors (the Board) approved Policy No. 02-14, Sharing Property Tax Revenues with Cities (the Policy) which approved the creation of Revenue Enhancement Zones to provide for an equitable allocation of property tax revenues between the County and Qualifying Cities receiving an allocation of less than 7% of the 1 % General Tax Levy Distribution Percentage within their incorporated boundaries. Any additional allocation of property tax revenues generated through the establishment of the REZs is intended to be used to fund public safety services and infrastructure expansion within the Qualifying Cities. On June 26, 2007, the Board approved an amended Standard Practice No. 02-14SP, Revenue Enhancement Zones (the Standard Practice) to establish procedures for applying for and approval of Revenue Enhancement Zones. Both the Policy and the Standard Practice were effective on July 1, 2006. The City of Rancho Cucamonga is a Qualifying City under the Policy and the Standard Practice. As such, the City has applied for the creation of Revenue Enhancement Zone(s) with the County and has met all requirements for the establishment of the proposed REZs. The City identified 32 individual parcels and 18 groups of contiguous parcels of substantially undeveloped land not within the City's Redevelopment Area which qualify for the REZ. (See detailed listing attached to the resolution). In order to establish the proposed REZs, the attached resolution must be approved by the City Council and the corresponding Standard Agreement must be executed by the City Manager and forwarded to the County Board of Supervisors for their final approval. P154 After the Board approves the Standard Agreement, the City will file the appropriate forms with the State Board of Equalization to establish the new tax rate areas and establish a new tax-receiving entity that will be allocated the additional share of the 1 % general tax levy revenue generated by the P155 CONSIDERATION OF ARESOLUI'IONAUTI-IORIZING TI-lE CREATION OF REVENUE PAGE 2 ENHANCEMENT ZONES WITHIN THE CITYFOR THE PURPOSE OF GENERATING ADDITIONAL PROPERTY TAX REVENUE FOR THE QTY OF RANCHO CUCAMONGA APxtL1,2009 REZs. The City's share of the 1% general tax levy will be increased from 5.112112% to 7.0% for the parcels that are within the REZs. The City will be required to submit a written report to the Board once every five years providing an accounting of how the increased property tax revenue allocations have been spent for the previous 5-year period and a plan of expenditure for the next five fiscal years. The presentation and timing of the reports to the Board will be coordinated with the County Administrative Officer. Respectfully submitted John R. Gi ison Deputy City Manager/Administrative Services P156 RESOLUTION NO. 09- OSS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE CREATION OF REVENUE ENHANCEMENT ZONES WITHIN THE CITY FOR THE PURPOSE OF GENERATING ADDITIONAL PROPERTY TAX REVENUE FOR THE CITY OF RANCHO CUCAMONGA WHEREAS, the County of San Bernardino (the "County"), through its amended Standard Practice No. 62-14SP, effective June 26, 2007 (the "Standard Practice") implemented County Policy No. 02-14, Sharing Property Tax Revenues with Cities (the "Policy"), which establishes procedures concerning applying for and approving Revenue Enhancement Zones ("REZ") within Qualifying Cities (defined in the Standard Practice), pursuant to the Policy and provides that it is the policy of the County's Board of Supervisors ("Board") to provide for the equitable allocation of ad valorem Property Tax Revenues (defined in the Standard Practice), between the County and its incorporated cities; and WHEREAS, the Board approved the creation of Revenue Enhancement Zones in order to provide for the equitable allocation of the rp owth of ad valorem Property Tax Revenues between the County and incorporated cities that receive an allocation of less than 7% of the 1 General Tax Levy Distribution Percentage (defined in the Standard Practice), within its incorporated boundaries. WHEREAS, the property tax revenue growth distributed to the Qualifying City and County in each Revenue Enhancement Zone approved by the Board will be divided equally (50/50 split) between the Qualifying City and the County, but in no event shall a Qualifying City receive more than a 7% share of the 1% General Tax Levy Distribution Percentage if the Qualifying City has any Redevelopment Areas within its incorporated boundaries; and WHEREAS, the Standard Practice identifies the City of Rancho Cucamonga as a Qualifying City and the County has determined that all land within the proposed Revenue Enhancement Zones is Qualifying Land (defined in the Standard Practice) for the parcels listed in Attachment A, and incorporated herein by reference; and WHEREAS, the Standard Practice requires each Qualifying City to enter into an agreement with a 25-year term setting forth the details of the Property Tax Revenues transfer for each Revenue Enhancement Zone; and WHEREAS, on 2009, the City held a duly noticed public hearing in accordance with Revenue and Taxation Code Section 99.02 to consider the proposed effect of the transfer of Property Tax Revenues for each Revenue Enhancement Zone. 1098477 P157 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY FINDS AND RESOLVES AS FOLLOWS: Section 1. The facts set forth in the Recitals are true and correct. Section 2. The Council authorizes the establishment of Revenue Enhancement Zones for the parcels listed in Attachment A for the purpose of generating additional property tax revenue for the City as growth occurs. Section 3. The form of Standard Agreement for Revenue Enhancement Zones, by and between the City and the County of San Bernardino, is hereby approved, and the Mayor and , or either of them, are hereby authorized and directed, for and in the name and on behalf of the City to execute the Standard Agreement for Revenue Enhancement Zones in substantially the form on file with the City Clerk and presented at this meeting, with such changes therein as the officer executing the same may approve, such approval to be conclusively evidenced by such execution and delivery thereof. Section 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this _ day of 2009. AYES: NOES: ABSENT: ABSTAINED: Donald J. Kurth, M.D., Mayor ATTEST: Janice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said City Council held on the _ day of 2009. Executed this _ day of 2009, at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk 1098477 P158 ATTACHMENT A LISTING OF ALL PARCELS WITHIN THE CITY OF RANCHO CUCAMONGA THAT QUALIFY FOR ESTABLISHMENT OF REVENUE ENHANCEMENT ZONES Identifving Number Parcel Number(s) Acreage P01 020005107 31. 09 P02 020005167 50. 16 P03 020006127 20. 23 P04 022519112 40. 74 P05 022519113 29. 50 P07 022612111 37. 41 P08 022904109 79. 67 P09 022929154 32. 83 P10 0106151112 20. 85 P11 0108708113 39. 56 P12 0108708114 39. 56 P13 0108708115 40. 18 P14 0108708126 38. 44 P15 0108708127 39. 62 P16 0108708128 40. 08 P17 (contiguous) 022608106, 0108708129 59. 68 P18 020119127 40. 88 P19 022608223 20. 09 P20 022610101 38. 08 P21 022610219 50. 01 P22 022611105 52. 56 P23 022611202 67. 93 P24 0106101110 25. 64 P25 0106141111 21. 75 P26 0106145104 22. 52 P27 0107401102 21. 65 P28 0107435101 78. 30 P30 0108707115 37. 44 P31 0108708104 30. 12 P32 0108708105 39. 56 P33 0108708109 28. 77 P34 0108708122 39. 53 P35 0108708123 58. 82 C1 (contiguous) 108708106, 108708107, 108708108, 108708110,108708111,108708112, 108708119,108708120,108708121 91. 07 C2 (contiguous) 022510132, 022515207, 022515208, 022515209, 022515210, 022515211, 1098477 P159 C3 (contiguous) C4 (contiguous) C5 (contiguous) C6 (contiguous) C7(contiguous) CS (contiguous) C10(contiguous) C11 (contiguous) C12 (contiguous) C14 (contiguous) C15 (contiguous) C16 (contiguous) C18 (contiguous) C19 (contiguous) C20 (contiguous) 022515215, 022515216, 022515220, 022515221,022516102,022516141, 022516142,108707116,108707117, 108707121,108707122,108707123, 108707124, 108707125, 108708101, 108708102,108708117 204.32 022608105, 022608107, 022608108, 022608111,022608112,022608113, 022608115, 022608116, 022608117 75.98 022512201, 022512202, 022512203, 022512204, 022512205, 022513105, 022513106, 022513107, 022513108, 022513109,022513110,022513111, 022513112, 022513113, 022513114, 022513115, 022513120, 022513121 109.50 022610202, 022610203, 022610204, 022610205, 022610206, 022610207, 022610208, 022610211, 022610220, 022610221, 022610222, 022611106 63.46 022608258,022625101,022625141, 022628201 50.67 022608228, 022678217, 108719116 30.73 022519103, 022519104, 022519115 26.35 022511105, 022511107, 022511108, 022511109, 022511137 22.31 020005166, 020006132, 020006133, 106101102,106101103,106101108, 106101109,106102105,106104107 38.08 104311101,104318101,106175101, 106175106,106175107 59.56 106117204,106117207,106117218, 106117219, 106117220, 106119112 21.13 106106130,106108101,106108102, 106108103,106108104,106108105, 106108107, 106108108, 106109102 26.33 106138102,106140102,106141102, 106145105 41.72 110018134,110019104,110019105, 110020103,110020104,110020105, 110020106,110020107 47.37 022706157, 022706173, 022706174 23.30 020127215, 020127216, 020127217, 020127218 37.86 1098477 STAFF REPORT REDE~'ELOPb1ENT AGENCY Date: April 1, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Linda D. Daniels, Redevelopment Director By: Tranda Drumwright, Housing Programs Manager RANCHO CUCAMONGA Subject: APPROVAL OF A RESOLUTION AUTHORIZING THE ISSURANCE OF MULTIFAMILY HOUSING REVENUE BONDS BY CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY("CSCDA") FOR SAN SEVAINE VILLAS LOCATED AT 13233 FOOTHILL BOULEVARD RECOMMENDATION: It is recommended that the City Council conduct a public hearing and approve the issuance of housing revenue bonds by the CSCDA for San Sevaine Villas Housing Development through adoption of the attached Resolution. BACKGROUND/ANALYSIS CSCDA has received an application from Northtown Housing Development Corporation requesting an amount not to exceed $30 million of tax-exempt obligations to assist with the construction of the proposed San Sevaine Villas. San Sevaine Villas housing project will consist of 225 units, with a combination of one, two, and three bedrooms. Seventy-Four percent (74%) of the units will be restricted to families earning between 35% and 60% of the area median income. Twenty-Six percent (26%) of the units will be made available to families earning 90% of the area median income. The bond debt is supported by the project revenues, and is the obligation of the developer. Neither the City nor the Agency incurs any obligation for the bond debt. Prior to issuance of bonds by CSCDA, the City is required to conduct a Tax Equity and Fiscal Responsibility Act (TEFRA) public hearing on the proposed bond financing. Although the CSCDA will be the issuer of the tax-exempt revenue bonds for the borrower the financing cannot proceed without the City, as the governmental entity having jurisdiction over the site, approving CSCDA's issuance of indebtedness. P160 P161 APPROVAL OF A RESOLUTION AUTHORIZING THE ISSURANCE OF MULTIFAMILY P:1GR 2 HOUSING REVENUE BONDS BY CALIFORNIA STATE~X/IDF_ COMMUNITIES DEVELOPMENT AUTHORITY("CSCDA") FOR SAN SEVAINE VILLAS LOCATED AT 13233 FOOTHILL BOULEVARD Ara[~_ 1, 2009 As required by Section 147(f) of the Internal Revenue Code, notice of this hearing was advertised in the Inland Valley Daily Bulletin on March 17, 2009. Following consideration of any written or public testimony provided either prior to or during the public hearing, the attached Resolution has been provided for Council consideration. The Resolution provides authority to CSCDA to issue Multi-Family Housing Revenue Bonds in an amount not to exceed $30 million to provide financing for the project. Respectfully submitted, ~~ LiC~~s, Redevelopment Director Attachment: Resolution of Approval P162 RESOLUTION NO. Dq OS9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING THE ISSUANCE BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY OF MULTIFAMILY HOUSING REVENUE BONDS FOR SAN SEVAINE VILLAS WHEREAS, the Califomia Statewide Communities Development Authority (the "Authority") is authorized pursuant to the provisions of California Government Code Section 6500 et seq. and the terms of an Amended and Restated Joint Exercise of Powers Agreement, dated as of June 1, 1988 (the "Agreement"), among certain local agencies throughout the State of Califomia, including the City of Rancho Cucamonga (the "City"), to issue revenue bonds in accordance with Chapter 7 of Part 5 of Division 31 of the Califomia Health and Safety Code for the purpose of financing multifamily rental housing projects; and WHEREAS, Northtown Housing Development Corporation has requested that the Authority adopt a plan of financing providing for the issuance of multifamily housing revenue bonds (the "Bonds") in one or more series issued from time to time, including bonds issued to refund such revenue bonds in one or more series from time to time, and at no time to exceed $30,000,000 in outstanding aggregate principal amount, to finance the construction of a 225-unit multifamily rental housing project located at 13233 Foothill Blvd., Rancho Cucamonga, California and generally known as San Sevaine Villas (the "Project"); and WHEREAS, the Bonds or a portion thereof will be "private activity bonds" for purposes of the Internal Revenue Code of 1986 (the "Code"); and WHEREAS, pursuant to Section 147(f) of the Code, prior to their issuance, private activity bonds are required to be approved by the "applicable elected representative" of the governmental units on whose behalf such bonds are expected to be issued and by a governmental unit having jurisdiction over the entire area in which any facility financed by such bonds is to be located, after a public hearing he]d following reasonable public notice; and WHEREAS, the members of this City Council (this "Council") are the applicable elected representatives ofthe City; and WHEREAS, there has been published, at least 14 days prior to the date hereof, in a newspaper of general circulation within the City, a notice that a public hearing regarding the Bonds would be held on a date specified in such notice; and WHEREAS, such public hearing was conducted on such date, at which time an opportunity was provided to interested parties to present arguments both for and against the issuance of the Bonds; and OI fS Wcsc3000 194033 M1929-199 P163 WHEREAS, it is intended that this resolution shall constitute the approval of the issuance of the Bonds required by Section 147(fl of the Code and Section 9 of the Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AS FOLLOWS: Section 1. The above recitals are true and con•ect. Section 2. The Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the Council that this resolution constitute approval of the Bonds for the purposes of (a) Section 147(f) of the Code and (b) Section 9 of the Agreement. It is further the purpose and intent of the Council that the approval of the Bonds shall not be construed to grant any ]and use approvals or other entitlements for the Project. Section 3. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents that they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing approved hereby. Section 4. The City Clerk shall forward a certified copy of this Resolution and a copy of the affidavit of publication of the hearing notice to: Justin Cooper, Esq. Orrick, Herrington & Sutcliffe LLP 405 Howard Street San Francisco, California 94105 Section 5. This resolution shall take effect immediately upon its passage. Section 6. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. OHS West?606194033 40929-199 2. P164 ADOPTED AND APPROVED this 1st day of April, 2009. Mayor ATTEST: City Clerk OIIS Wesr20001940i3 40921-199 P165 STAFF REPORT ~-; ~ - ~ CITI' iV'L9N.lGER'S OFFICE RANCHO Date: April 1, 2009 CUCAMONGA To: Mayor and Members of the City Council From: Joe Cusimano, Chief of Police Fabian Villenas, Principal Management Analyst Subject: Appeal from Respondent Jennifer Mason to Decision and Administrative Abatement Order RE: 6416 and 6422 Eagle Peak Place in City of Rancho Cucamonga v. Jennifer Mason Recommendation It is recommended that the City Council receive arguments presented by both sides regarding the appeal filed by Respondent Jennifer Mason to the Decision and Administrative Abatement Order in City of Rancho Cucamonga v. Jennifer Mason and render a decision to either uphold, revise, amend or alter the Hearing Officer's decision Background Chapter 9 of the Rancho Cucamonga Municipal Code supplements state law regarding the abatement of public nuisances by establishing an internal administrative process that does not engage the courts. On March 20, 2008, the City of Rancho Cucamonga commenced a nuisance abatement proceeding with a determination by the Rancho Cucamonga Chief of Police and in conjunction with the City Attorney's Office that there was sufficient evidence that a Nuisance Abatement hearing should be brought against Respondent Jennifer Mason, pursuant to Rancho Cucamonga Municipal Code 9.19. The hearing took place on October 14, 2008, in which the Hearing Officer subsequently presented a Decision in the City's favor. A copy of that Decision is included as Attachment A. In this proceeding, the City sought an administrative order requiring Ms. Mason to abate a public nuisance emanating from her properties located at 6416 and 6422 Eagle Peak Place and 11442 Mount Baxter Street (one block north of Eagle Peak Place). Ms. Mason is the legal owner of record for these three properties. Through evidence submitted in a brief and through testimony at the hearing, the City demonstrated activities and behavior that emanated from these properties harassed, threatened, intimidated, and even attacked neighbors over a prolonged period of time by the family members and associates of Respondent Jennifer Mason, and in particular her common-law husband Carlos Herrera. Through this proceeding, the City sought an Administrative Order (Determination) that persons living at these properties, especially Carlos Herrera, his brother Joseph, and associates have engaged in "criminal activities" as defined by RCMC section 9.19.020 against people living in the neighborhood; that the Property Owner (Jennifer Mason) has maintained a public nuisance at these properties; and that the Property Owner, Carlos Herrera, Joseph Herrera, their associates, children, P166 APPEAL FROM RESPONDENT JENNIFER MASON 'FO DECISION AND ADMINISTRATIVE ABATEMENT PAGE 2 ORDIiR RE: 6416 AND 6432 EAGLE PEAK PLACE IN CI"I'Y OF RANGIIO CI)CAbIONGA V. JENNIFER il4.iSON APRIL 1, 2009 and family refrain from intimidation, possessing guns or dangerous weapons in public view, vandalizing, trespassing, and blocking access. A copy of the brief is attached as Attachment 8. At the October 14, 2008 hearing held at the RC Police Station, Hearing Officer Glenn M. Gottlieb heard arguments from both sides and testimony from witnesses, including residents from that neighborhood. Representatives from the Rancho Cucamonga Police Department provided testimony regarding the number of service calls received from that neighborhood, as compared to a comparable neighborhood in Rancho Cucamonga. The City also submitted written declarations from several additional neighbors and former neighbors. A complete transcript of the hearing is included as Attachment C. On October 30, 2008 Hearing Officer Gottlieb released his Decision (Attachment A) in which the Hearing Officer found substantial, credible evidence that supports the City's case that a variety of criminal acts, including assault, threats, harassment and intimidation, were allowed to emanate from the 6416 Eagle Peak Place property. The Decision found that the City met its burden of proof that Ms. Mason allowed a nuisance to exist at the 6416 Eagle Peak Place property as well as the next-door property of 6422 Eagle Peak Place. The Hearing Officer did not find proof that the property owner allowed a nuisance to exist at the Mt. Baxter Street property, and the subsequent order does not cover that property. Determination and Order: The Hearing Officer found as follows: 1. Persons living at 6416 Eagle Peak Place, specifically Jennifer Mason and Carlos Herrera, their families and associates, have engaged in "criminal activities," as defined by RCMC Section 9.19.020.A against people in the neighborhood. These criminal activities have included assault with a deadly weapon, intimidation of witnesses, vandalism, threats to commit crimes resulting in death or great bodily injury, and carrying a concealed firearm. 2. Respondent Jennifer Mason has maintained a public nuisance at 6416 Eagle Peak Place by providing a building to Carlos Herrera and his family members from which they, among other things, intimidated, harassed, threatened and attacked people in the neighborhood. Based on the above findings I [Hearing Officer] hereby Order that Jennifer Mason, Carlos Herrera and their family members, relatives, associates and anyone visiting or renting the Eagle Peak Properties (including 6416 Eagle Peak Place and 6422 Eagle Peak Place) refrain from: a. Intimidation: Including confronting, intimidating, annoying, harassing, threatening, challenging, provoking, assaulting, or committing battery on any person in the neighborhood of the Eagle Peak Properties; b. Possessing guns, firearms or any dangerous or deadly weapons: Including, but not limited to, possessing any handgun, rifle, ammunition, or any illegal weapon anywhere in public view, or in any place accessible to the public; c. Vandalizing: Including damaging, defacing or marking any public property or the private property of any other person, whether in the neighborhood or otherwise; d. Trespassing: Including being present on or in any property, or running through any property, not open to the general public, except (i) with the prior written consent of the owner or person in lawful possession of the property, or (ii) in the presence of and with the voluntary consent of the owner, the owner's agent or the person in lawful possession of the property; or P167 APPF..~II. FROM RESPOSDL'ti'I'~LNIQIFIiR IoL\SOK'1'O DFCISIO\:L'~D AU~(I~ISTIL\1'll'E ABA1'I:Sf1iNT PAGF.3 DRDI?R RI?,: 6416:\tiD 64'_'2 E!\GLF PI:.\K PIJtG6 IN CITY OF RANCHO CCCANO~G:\ V. JI:NNIPLIi 1\ti\SON APRIL ], 2009 e. Blocking Access: Including impeding or blocking free passage of any vehicle or any person on any street, walkway, sidewalk, driveway, alleyway, building entrance or other area of public access. I [Hearing Officer] hereby further Order Respondent, Jennifer Mason, to notify the San Bernardino County Sheriff's Department and the Office of the City Attorney at least five (5) days prior to any visit to the City of Rancho Cucamonga by her or her husband, Carlos Herrera, for any reason, including court appearances. Appeal Process Rancho Cucamonga Municipal Code 9.19.070 allows for an appeal process by the Property Owner. The Property Owner has ten days from the date of the Hearing Officer's Decision to file an appeal and request that the appeal be placed on the first available City Council agenda. The Appeal Request, filed with the City within the 10-day requirement, is included as Attachment D. The City Council will consider the appeal in conjunction with the record of the nuisance abatement hearing which has occurred, including all documents filed with the Hearing Officer, a transcript of the oral proceedings and the Hearing Officer's written decision. All of these are attached for the City Council's review. The City Council may uphold, revise, amend or otherwise alter the decision of the Hearing Officer in its sole discretion insofar as such is supported by the evidence. Conclusion With the consent of the attorneys from both the Appellant and the City, this matter has been placed on the April 1, 2009 City Council agenda. Both sides will provide arguments in support and against the appeal and in conjunction with the attached documents on record, the City Council will be asked to render a decision to either uphold, revise, amend or alter the Hearing Officer's decision. Respectfully Submitted, ,~~` Joe no, Chief of Police Attachments: ~v,. \I Fabian A. Villenas, Principal Management Analyst A. Decision and Administrative Abatement Order B. Nuisance Abatement Hearing Brief C. October 14, 2008 Nuisance Abatement Hearing Transcipt D. Notice of Appeal P168 ATTACHMENT A HEARING OFFICER DECISION AND ADMINISTRATIVE ORDER P169 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GLENN M. GOTTLIEB, ESQ. 7482 Denrock Avenue Los Angeles, CA 90045-1022 Telephone: (310) 645-8824 Facsimile: (310) 670-7542 E-mail: glenn~r~glenn~ottlieb.com CITY OF RANCHO CUCAMONGA NUISANCE ABATEMENT PROCEEDING In the matter of: CITY OF RANCHO CUCAMONGA, Complainant v. JENNIFER MASON, Respondent. DECISION AND ADMINISTRATIVE ABATEMENT ORDER RE: 6416 AND 6422 EAGLE PEAK PLACE, RANCHO CUCAMONGA This matter came on for hearing before Glenn M. Gottlieb, Esq., Administrative Hearing Officer, at Rancho Cucamonga, California, on October 14, 2008. Patrick K. Bobko, Esq., of Richards, Watson & Gershon, represented the City of Rancho Cucamonga (the "City" or "Complainant"). Stephen Bernard, Esq., of Bemard Marrache LLP, represented Jennifer Mason ("Mason" or "Respondent"). Background The City Attorney commenced this proceeding pursuant to an initial determination, dated March 20, 2008, by the Chief of Police of the City of Rancho Cucamonga (the "City") that there was sufficient evidence that a nuisance abatement hearing should be brought against Respondent. This proceeding was accordingly commenced by the City Attorney under Chapter 9.19 of the Rancho Cucamonga Municipal Code (the "RCMC"). In this proceeding, the City seeks an administrative order requiring Mason to abate a public nuisance allegedly emanating from the properties located at 6416 and 6422 Eagle Peak Decision and Administrative Order P170 Place (individually, the "6416 Property" and the "6422 Property," respectively, and together, the "Eagle Peak Properties") and 11442 Mount Baxter Street (the "Mt. Baxter Property"), all of which are located in the City of Rancho Cucamonga. Respondent is the legal owner of record of the Eagle Peak Properties and the Mt. Baxter Property. Discussion At the hearing, the City presented testimony from two witnesses who are residents in the 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 immediate neighborhood of the subject properties. The City also presented written declarations from several additional residents of the neighborhood, including the resident of 6412 Eagle Peak Place (the "6412 Property"), directly next door to the 6416 Property, and former residents of the 6422 Property. The testimony and evidence concerned certain incidents involving these residents and acts of Respondent, her family members (including particularly her "common law" husband, Carlos Herrera ("Carlos"), and his relatives), and their associates. The City also presented the testimony of Corporal Kaysie Smith of the MET division of the Rancho Cucamonga Police Department (the "RCPD"). Corporal Smith testified to the number of service calls to which the RCPD had been asked to respond for the subject neighborhood, as compared to a comparable neighborhood in Rancho Cucamonga. Respondent presented the testimony of the current tenants of the 6422 Property and the Mt. Baxter Property, respectively, and of Joseph Herrera ("Joseph"), brother of Carlos and the current tenant of the 6416 Property. Respondent's daughter, Kristina Herrera, also testified, and Respondent testified on her own behalf. The two neighbors who testified at the hearing, Mr. Robert Santa Cruz and Ms. Patricia Dickinson, recounted multiple incidents of harassment, threats, intimidation and outright assault to which they and their family members had allegedly been subjected, particularly involving Carlos. For example, Ms. Dickinson recounted an assault on her in which Carlos drove his truck directly at her, stopped just inches short of hitting her, after which "he laughed and took off" She further testified to an incident involving Car]os' brandishing at her of a concealed handgun, Decision and Administrative Order _2_ P171 4 in an apparent, and successful, attempt to intimidate her. Dickinson also testified to a graffiti incident involving the Herrera children and the wall between the 6412 Property and the 6416 Property (corroborating certain testimony about this incident included in the written declaration of Ms. Karen Pusateri, resident of the 6412 Property), and other events involving Robert, the current tenant of the 6416 Property. Mr. Santa Cruz testified to numerous incidents over a period of many years involving 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 himself, Carlos, the Herrera children and Carlos' associates, including incidents of threats, intimidation, assault and other acts of violence. Respondent argued that these incidents had been provoked as much by the acts of Santa Cruz as by Carlos. Santa Cruz even admitted that he had been the aggressor in one incident involving the shooting of a paintball gun at Carlos' track, resulting in a judicial restraining order's having been issued against Santa Cruz. There was also a relatively recent incident between Santa Cruz and Carlos, in which Carlos was arrested and is cun'ently being prosecuted, but in which Santa Cruz admittedly also participated in a violent confrontation involving blunt weapons (in his case, a wooden bat, and in Carlos' case, a rock). Ms. Mason and her daughter testified to various incidents involving Santa Cruz when they were in the vicinity of his property, mostly encompassing alleged verbal taunting and foul language directed at them. Respondent testified that various neighbors had also complained to her about various disturbing incidents involving Santa Cruz, but these third-party statements were hearsay and unsupported by any other corroborating testimony or evidence. I find that substantial, credible evidence was presented that supports Complainant's case that a variety of criminal acts, including assault, threats, harassment and intimidation, were allowed to emanate from the 6416 Property for a substantial period of time. Respondent's denials notwithstanding, I do not find her self-serving testimony, or that of her daughter, Kristina, to be credible. In the case of the graffiti incident, for example, two neighborhood witnesses testified to the involvement of the Herrera siblings, and no independent witness presented conflicting Decision and Administrative Order -3- P172 testimony to support the denials of Kristina or Respondent, her mother. Furthermore, I find it curious that if Kristina and her young siblings and friends were subject to such continual intimidation and (at best) highly unpleasant behavior by Santa Cruz, they apparently did not see any need to modify their travel route through the neighborhood, as they could have at only minor inconvenience to them, to avoid him or his property. On the other hand, Santa Cruz and other neighbors have done just that for years, to avoid tangling with Carlos, or his relatives and associates. If anything, taking all the evidence in its totality, Respondent's denials seem to represent 10 more her own, mental "state of denial" about her husband's anti-social and sometimes violent and/or criminal behavior, than credible evidence to counter whether these acts did, in fact, occur. With respect to the current tenants of the 6416 Property and the Mt. Baxter Property, I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 neither found their testimony to be relevant, nor to cover most of the time period, except quite recently, in which the vast majority of the alleged incidents took place. No other testimony was presented from any other non-family-related person living in the neighborhood to refute either the testimony of Complainant's witnesses, or the written declarations of the other neighbors who did not appear in person at the hearing, but whose written accounts are consistent with the testimony presented. I also find it persuasive that police records indicate a ]evel of criminal reports and activity in the neighborhood that is far out of proportion to the activity in a similar neighborhood in the area. The only evidence presented of action taken by the police is against Mason's family members and associates of her family members, and not against any other neighbor. The sole exception is Santa Cruz, who is subject to a restraining order for his actions on one occasion. Clearly there has been "bad blood" between Santa Cruz and Carlos for many years. But as Complainant persuasively points out, all occurrences in which Santa Cruz was involved took place when family members of Mason and/or their associates presented themselves at Santa Cruz's property and an incident was provoked. No evidence was presented that on any occasion Decision and Administrative Order _q_ P173 did Santa Cruz present himself at the Eagle Peak Properties, whether to provoke an incident or otherwise. Accordingly, I find it credible, as Santa Cruz claims, that the paintball incident, in which he was the aggressor, was an aberration. Furthermore, Carlos has also become subject to additional court sanction resulting from the attempted intimidation of and threat against the life of Santa Cruz and his family, occurring when Santa Cruz was present as a witness at a hearing involving Carlos' arrest. Lastly, I do find it relevant that since Carlos has ceased being afull-time resident of the 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 neighborhood, the number of incidents in the neighborhood has decreased markedly. This is attested to both by the neighbors, as well as in RCPD reports. Such evidence lends credence that Carlos was the main perpetrator and provocateur of these incidents. Respondent argues that this means further action against her regarding the Eagle Peak Properties is unnecessary. Indeed, there is even a court order against Carlos that he not present himself in the neighborhood or its vicinity. However, with an immediate family member (i.e., his brother, Joseph) currently residing in the neighborhood as tenant of the 6416 Property, and with incidents emanating from the 6416 Property still being reported, albeit lesser in degree and frequency than before, I do not find that the situation has been "cured" by any means. This neighborhood has clearly been under siege for a number of years by conditions existing at the 6416 Property. Neighbors have been intimidated and victimized by a variety of incidents, and have had to go well out of their way to modify what would have been their otherwise "natural" behavior to accommodate their fears. Indeed, the atmosphere of terror in the neighborhood is almost palpable in listening to the testimony presented at the hearing and in reading the written accounts presented in the declarations. The enjoyment of these people's homes, their neighborhood, their families and their very lives has been impaired to a great degree. They have had to live under the ongoing threat and overhanging atmosphere of impending violence these incidents have created. It is understandable that they, in conjunction with the City, find this state of affairs to be intolerable. Decision and Administrative Order -5- P174 Leal Anal~is and Conclusions 2 3 4 5 6 7 8 9 ]0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The City's burden of proof in a nuisance abatement hearing is to prove by a preponderance of the evidence the existence of a nuisance. See, e.g., Parker v. City of Fountain Valley, 127 Cal. App. 3d 99, 113 (1981). A public nuisance is defined as a condition that substantially and unreasonably interferes with rights common to the public. See County of Santa Clara v. Atlantic Richfield Co., 137 Cal. App. 4`~ 292, 305 (2006), quoting People ex reb Callo a Acuna 14 Ca1.4th 1090 (1997). The California Civil Code (the "Code") states that "anything which is ...indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any ...public park, square, street, or highway, is a nuisance." Cal. Civ. Code §3479. Section 3480 of the Code defines a public nuisance as "one which affects at the same time an entire community or neighborhood, or any considerable number of persons ...." Cal. Civ. Code §3480. Section 9.19.030 of the RCMC provides that, "Every structure or place used for the purposes of criminal activity ..., or each building or place wherein or upon such criminal activity takes place, or as defined in Penal Code Section 186.22(a), is a public nuisance and may be abated as set forth herein." The acts enumerated in California Penal Code Section 186.22(a) include, among other things: assault with a deadly weapon, the intimidation of witnesses and victims, possession of a pistol, revolver, or other firearm capable of being concealed upon the person and carrying a concealed firearm. I find that the City has met its burden of proof that Respondent has allowed a nuisance to exist at the 6416 Property. For reasons of its immediate proximity (directly next door) to the 6416 Property, the order below covers the 6422 Property, as well. I find no proof presented that Respondent allowed a nuisance to exist at the Mt. Baxter Property, and therefore the current order does not cover that property. However, the lack of an order with respect to the Mt. Baxter Decision and Adminisva[ive Order -6- P175 4 Property is based only on the evidence presented to date, and will not be "with prejudice" to the City's ability to present evidence in the future that this property, which is in the general neighborhood of the two Eagle Peak Properties, has subsequently become a nuisance and should therefore become subject to the order, should similar or other conditions be allowed to emanate from that property constituting a nuisance at some time in the future. Determination and Order Accordingly, I find as follows: 1. Persons living at 6416 Eagle Peak Place, specifically Jennifer Mason and Carlos 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Herrera, their families and associates, have engaged in "criminal activities," as defined by RCMC Section 9.19.020.A against people in the neighborhood. These criminal activities have included assault with a deadly weapon, intimidation of witnesses, vandalism, threats to commit crimes resulting in death or great bodily injury, and carrying a concealed firearm. 2. Respondent Jennifer Mason has maintained a public nuisance at 6416 Eagle Peak Place by providing a building to Carlos Herrera and his family members from which they, among other things, intimidated, harassed, threatened and attacked people in the neighborhood. Based on the above findings, I hereby Order that Jennifer Mason, Carlos Herrera and their family members, relatives, associates and anyone visiting or renting the Eagle Peak Properties (including 6416 Eagle Peak Place and 6422 Eagle Peak Place) refrain from: a. Intimidation: Including confronting, intimidating, annoying, harassing, threatening, challenging, provoking, assaulting, or committing battery on any person in the neighborhood of the Eagle Peak Properties; b. Possessing guns, firearms or any dangerous or deadly weapons: Including, but not limited to, possessing any handgun, rifle, ammunition, or any illegal weapon anywhere in public view, or in any place accessible to the public; Vandalizing: Including damaging, defacing or marking any public property or the private property of any other person, whether in the neighborhood or otherwise; Decision and Administrative Ordcr _7_ P176 2 3 4 5 6 7 8 9 ]0 11 12 13 14 15 16 17 ]8 19 20 21 22 23 24 25 26 27 28 d. Trespassing: Including being present on or in any property, or running through any property, not open to the general public, except (i) with the prior written consent of the owner or person in lawful possession of the property, or (ii) in the presence of and with the vo]untary consent of the owner, the owner's agent or the person in lawful possession of the property; or e. Blocking Access: Including impeding or blocking free passage of any vehicle or any person on any street, walkway, sidewalk, driveway, alleyway, building entrance or other area of public access. I hereby further Order Respondent, Jennifer Mason, to notify the San Bernardino County Sheriff s Department and the Office of the City Attorney at least five (5) days prior to any visit to the City of Rancho Cucamonga by her or her husband, Carlos Herrera, for any reason, including court appearances. As this Order concerns conduct which is ongoing, the time frame for abatement of the nuisance at the Eagle Peak Properties shall be for so long as Respondent, or Carlos Herrera or any of their family members, relatives or associates is the legal owner of record of either or both of the Eagle Peak Properties. In accordance with RCMC Section 9.19.060, I also advise you that the civil abatement alternative, if voluntary abatement fails to abate the nuisance, is that the City could proceed with the civil abatement process in Superior Court, under Section 731 of the California Code of Civil Procedure. Dated: October 29, 2008 By: ' Tenn M. Gottlie ,Hearing Officer Decision and Administrative Order _g_ P177 ATTACHMENT B NUISANCE ABATEMENT HEARING BRIEF P178 o _~ ~ o z ow ~ o a ,< ,s oa U o ~ < -. iu =-'i 1 2 3 4 5 6 7 8 9 ]0 Il 12 13 14 I~ 16 17 18 19 20 21 22 23 24 25 26 27 2g R[CHARDS, WATSON R GERSHON A Professional Corporation PATRICK K. BOBKO (20876) KENNETH J. POOLE (251158) 35~ South Grand Avenue, 40th Floor Los Angeles, CA 90071-3101 Telephone: (213)626-8484 Facsimile: (213) 626-0078 Attorneys for Plaintiff, CITY OF RANCHO CUCAMONGA CITY OF RANCHO CUCAMONGA NUISANCE PROCEEDING I. NUISANCE ABATEMENT HEARING BRIEF FOR 6416 AND 6422 EAGLE PEAK PLACE, AND 11442 MOUNT BAXTER (PROPOSED ORDER SUBMITTED CONCURRENTLY HEREWITH) (EXHIBITS SUBMITTED UNDER SEPARATE COVER CONCURRENTLY HEREWITH) Hearing Date: July 23, 2008 Time: 10:00 a.m. , Rancho Cucamonga City Hall Hearing Officer: Glenn Gottlieb, Esq. Introduction The City Attorney has commenced this proceeding against Jennifer Mason (the "Property O~~mer") for the public nuisances caused by residents and tenants of her properties. The Property Owner and persons living at her properties, especially her "common law" husband Carlos Herrera and his associates -have harassed, intimidated, II231-017A1OGI000rI O.doc In rr. Jennifer Dlason P179 z o o . x a ~ o w l7 < z 0 ~o .a 0 va ~ < ~Y =Yi t 2 3 4 5 6 7 8 9 10 11 l2 13 14 l5 16 17 18 19 20 21 22 23 24 25 26 27 28 threatened, and even attacked their neighbors. In addition to living in a daily state of fear, the neighbors have endured the following incidents: • Herrera brandished a handgun at and made death threats against two neighbors, Patty Dickinson and Robert SantaCrnz; • Herrera and an accomplice attacked Mr. SantaCruz, breaking his ribs with a rock. Criminal charges in San Bernardino Superior Court are pending against Herrera for the attack; • Herrera was recently arrested for making threats against Mr. SantaCruz at a court hearing. In the wake of this arrest, Herrera's accomplices have appeared in the neighborhood and made threatening gestures towards Mr. SantaCrnz; • Herrera would stand at the fence-line of neighbor Leticia Gallindo's yard and stare at her teenage daughter through her bedroom ~vindov<~ as she changed clothes at night; • Herrera (and his brother Joseph) lurked in the neighborhood until female neighbors were leaving for work and then follow them through town, or tailgate them on the highway; and • The Property Owner encouraged (and assisted) her children to graffiti a wall separating Karen Pusateri's property from theirs; Because of threats of violence and intimidation by Carlos Herrera, his brother Joseph, their families and associates, the people of this neighborhood are prisoners in their own homes. Neighbors are forced to stay indoors and keep their children from playing outside. Their friends refuse to visit. They adjust their daily schedules avoid chance of an encounters with Herrera, his brother Joseph, or one of their associates. People do yard work at odd hours, or are forced to hire people to do things for them for fear of ehposing themselves to Herrera, his brother, or their associates. Neighbors have -2- Li re: Jennifer Mason 11231-0172\I061060vI0.doc P180 1 difficulty selling their homes because of the proximity to properties where Herrera lives, 2 or is known to frequent. Verbal harassment, physical intimidation, threats of retaliation, 3 and violence are the fate of anyone who crosses Hen-era, or reports his activities to the 4 Police. For years, the Property O.+mer, her "common law" husband Herrera and his 5 associates have interfered with the comfortable enjoyment of life and property of the 6 other people who live in their neighborhood. They have terrorized everyone around 7 them. They are a gang. 8 The City of Rancho Cucamonga brings this Nuisance Abatement proceeding under 9 Chapter 9.19 of the Rancho Cucamonga Municipal Code ("RCMC"). That Chapter 10 supplements "the general laws relating to the abatement of such public nuisances" by zo ~ 1 1 establishing a process for abatement through a "voluntary cooperative effort between the _~ w o 12 city and owner of the property." See RCMC §9.19.020. The City has initiated this ~ a z o 13 process under its Municipal Code in lieu of a formal nuisance abatement proceeding in 0 ~!' a 14 the Superior Court. = < 1 ~ The City will present testimony from the Property Owner's neighbors that will a w 16 establish that she has allowed this nuisance to exist on her property and has even _~ 17 participated in the harassment and intimidation of her neighbors. The City will provide v sv, 18 testimony from neighbors to show that Herrera, his brother Joseph, their families, and 19 associates have intimidated, harassed, and threatened their neighbors on an almost daily 20 basis. The City v',~ill also provide records and documents that establish the gravity and 21 veracity of the neighbors' complaints. 22 At the conclusion of this hearing the City seeks: 23 (1.) An administrative determination that persons living at 6 ~a or 6422 24 Eagle Peak Place, and 1 1442 Mount Baxter, specifically Carlos Herrera, 25 his family, and his brother Joseph, and their associates have engaged in 26 "criminal activities" as defined by RCMC section 9.19.020.A against 27 people in the neighborhood including, but not limited to: assault with a 28 deadly weapon; intimidation of witnesses; vandalism; threats to commit -3- In re: Jennifer Mason 11231-0172\IOGIUGOvIO.doc P181 l crimes resulting in death or great bodily injury; and carrying a concealed 2 firearm. 3 4 (2.) An administrative determination that the Property Owner has maintained a 5 public nuisance at 6416 and/or 6422 Eagle Peak Place, and 11442 Mount 6 Baxter Street, by providing a building to Carlos Herrera and his associates 7 from which they intimidated, harassed, threatened, and attacked people in 8 the neighborhood. 9 0 (3.) An Administrative Order that the Property Owner, Carlos Herrera, Joseph oz o I I Herrera, their associates, children and family refrain from: =a w o 12 a. Intimidation: Including confronting, intimidating, annoying, harassing, z o 13 threatening, challenging, provoking, assaulting, or battering any person 0 `~^ 14 in the neighborhood; - < 15 b. Possessing guns or dangerous weapons: Including possessing any o < w 16 gun, ammunition, or illegal weapon anywhere in public view or in any _~ 17 place accessible to the public; ~Y =.Y~ 18 c. Vandalizing: Including damaging, defacing, or marking any public 19 property or the private property of another, in the neighborhood or 20 elsewhere; 21 d. Trespassing: Including being present on or in any property, or running 22 through any property not open to the general public, except (i) with the 23 prior written consent of the owner, or person in lawful possession of the 24 property, or (ii) in the presence of and with the voluntary consent of the 25 owner, owner's agent, or the person in lawful possession of the 26 property; 27 28 -4- In re: Jennifer Dlason 11231-0172V1061060v10.doc P182 e. Blocking Access: Including impeding or blocking free passage of any o =a w C7 z 0 _ 3 v, = o a x~ U o ~~ =Yi vehicle or any person on any street, walkway, sidewalk, driveway, alleyway, building entrance or other area of public access. II. Facts Jennifer Lynn Mason is the owner of the property located at 6416 Eagle Peak Place in the City of Rancho Cucamonga. She purchased the property in 1999 and has been the owner of record ever since. See Grant Deed (May 14, 1999) (a copy of the deed is attached hereto as Exhibit "A".)' The Property Owner and Herrera rented the house prior to purchasing it in 1999. The Property Owner has three children with Carlos Herrera, and at various times in the past she lived at 6416 Eagle Peak Place with them and Herrera. Although there is no record of the Property Owner being married to Herrera, they hold themselves out to the public as husband-and-wife. Herrera refers to her as his "common-law" wife. According to her Counsel, the Property Owner no longer lives at 6416 Eagle Peak Place, but instead rents the property to Carlos Herrera's brother, Joseph and his family. Eagle Peak Place is a relatively short street that forms the base of a U-shaped cul- de-sac between Mount Palomar Street and Mount Ritter Street. (A true and correct map of the neighborhood is attached hereto as Exhibit "B.") The Galindo and Martinez families lived in the homes adjacent to 6416 Eagle Peak Place and bore the brunt of the nuisance. The Martinez family still lives at 6428 Eagle Peak Place. The Gallindos could not withstand the harassment and moved away. Patricia Dickinson lived a few doors ' A copy of the grant deed for 6422 Eagle Peak Place is also attached as Exhibit "A." The deed shows Jennifer Mason is the sole owner of that property. Ms. Mason also owns the property at 11442 Mount Baxter Street, and Carlos Herrera is known to frequent that property as well. 2 3 4 5 6 7 8 9 10 I1 12 13 14 ]5 16 17 18 19 20 21 22 23 24 25 26 27 28 -5- 1123 I-017211061060clQdoc In re: Jennifer b1ason P183 zo o~ _~ W ~ ~ < z 0 ~ o 3 (!1 a 0 a v~ ~ a :!v -!~i down from 6416 Eagle Peak Place on Mount Ritter Street and suffered as well. The same is true for Robert Santa Cruz and his family who lived nearby on Mount Palomar Street. Declarations from these neighbors detailing their experiences with the Property Owner and Herrera are attached. A synopsis of selected facts follows: A. Rober[ SautaCruz Robert SantaCruz owns the house at 11436 Mount Palomar Street, and has lived at the house for the last 13 years. Mr. SantaCruz's home is less than a block from 6414 Eagle Peak Place. See Exhibit "B." Mr. SantaCruz first met Herrera when he and his family first moved into their home on Mount Palomar. At that first meeting, Herrera offered to help Mr. SantaCruz defraud his insurance company by flooding his house while he was away on vacation. See Decl. of Robert SantaCruz at ¶2 (attached hereto as Exhibit "C"). Mr. Santa Cruz declined the offer; the relationship deteriorated from there. On one occasion Herrera and one of his sons, both of whom were living at 6414 Eagle Peak Place, drove past Mr. SantaCruz while he was standing in his driveway, pointed a gun at him, and told SantaCruz he was going to kill him. See Decl. of Robert SantaCruz at ¶5. On a separate occasion, two of Carlos Herrera's acquaintances who ~V were frequent visitors to 64~Eagle Peak Place followed Mr. SantaCruz to his workshop and when they got there, threatened to kill him. See Decl. of Robert SantaCruz at ¶7. On July 7, 2005, San Bernardino County Sheriffs arrested Herrera after he threatened Mr. SantaCruz in front of his home and charged him with making "terrorist threats" against Mr. SantaCruz. See Exhibit "F." The Sheriff's report documenting the incident included the statement from a witness who agreed to speak with the Sheriff only on the condition of anonymity because she was afraid of retribution from Herrera. The Property Owner's son is now approximately 20 years old, and has also threatened neighbors and their children. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 zs -6- 1123 I -0172\ 10610GOc 10-doc In rc Jen niter Masun P184 zo o~ x a w~ ~ < z 0 i a .< _ ; !n 0 a` Q vo ~ < iu =-'i 1 2 3 4 5 6 7 8 9 ]0 11 12 13 14 15 16 ]7 18 19 20 21 22 23 24 25 26 27 28 On June 23, 2007, Herrera and an accomplice, Vincent Fondario, attacked Mr. SantaCruz and broke his ribs with a large rock. See Decl. of Robert SantaCruz at ¶ 10. This attack occurred after Mr. Santa Cruz sa~v the two men following his son. Fearing for his son's safety, SantaCruz went to retrieve him, and possibly defend him if necessary. See Decl. of Robert SantaCruz at ¶ 10. When he did, words were exchanged between Herrera and Mr. Santa Cruz, and Herrera attacked Mr. SantaCruz with a large rock. Sheriffs arrested Vincent Fondario and Herrera and charged both with assault with a deadly weapon (Penal Code §245(A)(I )). Fondario pleaded guilty ro one count of disturbing the peace. See Exhibit "D." A copy of the police report following the attack is attached hereto as Exhibit "P." Herrera's trial was set to begin on August 8, 2008. That date may be delayed however, because Herrera was arrested and taken into custody following threats he made to Mr. SantaCruz on July 7, 2008, at [he Rancho Cucamonga Courthouse. See Exhibit "E." Herrera is currently free on a $500,000 bond.' B. Leticia 8; Lizette Galindo Raymond and Leticia Galindo lived at 6422 Eagle Peak Place from approximately 1987 to 1998 with their two daughters. Their house was adjacent to the Property Owner's home. See Exhibit "B." Attached hereto as Exhibit "R"are three photographs showing the proximity of the Gallindo's home to the Property Owner's home. The Galindos no longer live a[ that address, and their relocation was largely due to the harassment and intimidation they endured as Herrera's neighbors. See Decl. of Leticia Gallindo at ¶7 (attached hereto as Exhibit "G"). ' The City attempted to obtain a copy of the transcript of proceedings from Herrera's July 7, 2008, court appearance, but was unable to do so in time to include as an exhibit to this brief. The City will provide a copy of the transcript to the Hearing Officer and opposing Counsel as soon as it is able to obtain one. The City maintains that this incident is important to the proceeding because it demonstrates that Herrera presents an on-going threat to his neighbors, and that he is still present in the community. -7- In rc: .Icnnifcr Dlasmi 11231-0172VI OGI Oli0vl0.doc P185 The Gallindos' relationship with Herrera was difficult from the start, and o ° w C7 i z 0 o - 3 vi s o a a V o ~ < ~Y -!'< deteriorated to the point that they minimized the time they spend outside their home to avoid potential confrontations with Herrera. The Gallindos did not do things many people take for granted: they could not mo~v [heir lawn, they could not do yard work; they were afraid to take a walk in [heir own neighborhood. See Decl. of Leticia Gallindo at ¶6. Leticia Gallindo stated that her fear of Herrera was such that "my youngest daughter, Gabriella, never learned to ride a bicycle because we did not want her to go outside for fear that we would have to confront Mc I-Ierrera." See Decl. of Leticia Gallindo at ¶3. Carlos Herrera instigated fights with Raymond Gallindo, and on one occasion came to the Gallindos' front door looking for trouble. But for the intervention of Leticia Gallindo, the two men would have fought each other in the Gallindos living room. See Decl. of Leticia Gallindo at ¶4. Herrera's intimidation and threats were so severe that Raymond Gallindo purchased a handgun to protect his family. See Decl. of Leticia Gallindo at ¶4. Herrera also targeted the Gallindos daughter, Lizette, for harassment. Lizette remembered "on three or four separate occasions" []rat Herrera would "sit or stand on the fence adjacent to our house and peer through my second story window as I undressed." See Decl. of Lizette Gallindo a[ ¶4 (attached hereto as Exhibit "H"). The omnipresent threat of harassment by Herrera was "always in the front of my mind whenever I left the house." See Decl. of Lizette Gallindo at ¶3. Herrera's harassment did not stop even after [he Gallindos' marriage crumbled and they decided to leave the neighborhood. He continued to harass and intimidate realtors and potential buyers to the poiut that "showing our house to potential buyers necessarily became a clandestine operation, and we took the `For Sa]e' sign down in hopes that Mr. Herrera would not assume that any car parked in front of our house was a potential buyer." See Decl. of Leticia Gallindo at ¶7. 2 3 4 5 6 7 8 9 ]0 i] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -8- 11231-0172\IO61000c I0.doc In re: .Icnnifer ;Mason P186 z o x w g ~ < z 0 ~ o - 3 ~, s o a V o ~ a ~Y =Yi Interestingly, the Property Owner eventually profited from Herrera's harassment of the Gallindos. She is now the owner of record of the Gallindos' home. See Exhibit "I" (San Bernardino County Property Information Shee[). C. Karen Pusateri Karen Pusateri lives in the home immediately adjacent to 6416 Eagle Peak Place, and her house borders the Property Owner's home on its south side. See Exhibit "B." In 2001, Herrera and the Property Owner constructed an addition to their house, and as part of that addition they added a wall along the common property line with Ms. Pusateri's home. Exhibit "S" is a photograph of the wall between the two homes. The Property Owner left the portion of the wall facing Ms. Pusateri's wall unfinished. Approximately one year after the Property Owner built the wall, Ms. Pusateri purchased the necessary supplies and finished the portion of the wall facing her property herself. She also planted rose bushes on her side of the wall. See Decl. of Karen Pusateri at¶]0. Shortly after she finished the wall, Herrera graffitied it. He also spray painted the rose bushes, killing them. See Decl. of Karen Pusateri at ¶ ] 0 (attached hereto as Exhibit "T"). (A true and correct photograph of the graffiti is attached hereto as Exhibit "J"). Ms. Pusateri repaired the wall at her own expense, working in the early morning hours to avoid contact with Herrera. See Decl. of Karen Pusateri at ~~ ] 0. A few days later Ms. Pusateri again found her wall graffitied, this time with the names of the Property Owner's children, Jesse and Christina. See Decl. of Karen Pusateri at ¶ 12. The Property Owner admitted to Ms. Pusateri that she had encouraged her children to graffiti the wall because she built it, and it belonged to her. See Decl. of Karen Pusateri at ¶] 2. The neighbor across the street, Patricia Dickinson, witnessed the Property Owner's children graffiti the wall. See Decl. of Patricia Dickinson at ¶9. Ms. Dickinson's declaration is attached hereto as Exhibit "K." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 ~I 25 II 26 27 28 -9- 11231-017Z.I UGIO60vI0.doc In rr. Jennifrr Alawn P187 1 Again Ms. Pusateri repaired the wall and again Herrera graffitied it. See Decl. of 2 Karen Pusateri at ¶13. (A true and correct photograph of the third graffiti is attached 3 hereto as Exhibit "L"). 4 5 D. Patricia Dickinson 6 Ms. Dickinson lives at 11407 Mount Ritter Street, two doors down from 6414 7 Eagle Peak Place. See Exhibit "B." Ms. Dickinson lives at this address with her 13-year 8 old grandson, and has lived in the home since 1987. See Decl. of Patricia Dickinson at 9 ¶¶I, 2. 10 Ms. Dickinson fears for her safety and the safety of her grandson because Herrera zo 0 11 does things to intimidate and harass them. For example, on one occasion Herrera lifted x < w o 12 his shirt to show Ms. Dickinson the handgun he had tucked into his waistband. See Decl. Z o 13 of Patricia Dickinson at ¶7. His threats are so severe that Ms. Dickinson's grandson's 0 `'] 14 friends will not come to her house because people in the area know that Carlos Herrera -.a = < I S lives on the street. See Decl. of Patricia Dickinson at ¶6. o < 16 x `~ 0 17 ~ < ~~ .s.~ 18 Additionally, the San Bernardino Sheriffs' Department made hundreds of service 19 calls to the neighborhood. See Exhibit "O" ("Calls for Service Report: 199-2005, and 20 2005-08). The calls ranged from barking dog complaints at to a report of a grand theft 21 auto at 6416 Eagle Peak Place. 22 23 lII. 24 Procedure and Notice 25 The Chief of Police determined that there is sufficient evidence to conduct a 26 nuisance abatement hearing for 6416 and 6422 Eagle Peak Place, and set the hearing date 27 for June 25, 2008 in the Rancho Cucamonga City Hall. A true and correct copy of the 28 Chief's decision to initiate the hearing is attached hereto as Exhibit "M." ~~ -10- In rc Jennifer Mason 11231-0172~106I O60vI0.doc P188 1 On June 5, 2008, the Chief of Police sent a letter to the Property Owner notifying 2 her of his decision, and the date, time, and location of the hearing. The Chief sent the 3 letter via registered mail and personal delivery. A true and correct copy of the letter, 4 along with a copy of the registered letter and Federal Express receipt at attached hereto as 5 Exhibit "N." 6 On June 16, 2008, the Property Owner's Counsel, Mr. Stephen Bernard, contacted 7 the City's Counsel and asked to continue the hearing date to mid-July. The parties agreed 8 upon July 23, 2008 as the hearing date. 9 10 IV. zo 0 11 Standard of Review x < 12 The City's burden at this hearing is to prove by a preponderance of the evidence W z o 13 the existence of a nuisance. See Parker v. City of Fountain Valley 127 Ca1.App.3d 99, 0 . a < 14 113 (1981); Pipkin v. Board of Supervisors, 82 Ca1.App.3d 652, 658 (1978). To the N 15 extent the Property Owner wishes to raise an affirmative defense, it is her burden to prove o 16 it. See Fukuda v. City ofAugels, 20 Ca1.4th 805, 810, n3 (1999). `_' it ~ 17 18 ~~_ 19 Analysis 20 Chapter.9 of the Rancho Cucamonga Municipal Code supplements state law 21 regarding the abatement of public nuisances by establishing an internal administrative 22 process that does not engage the courts.° The intent is to abate ougoing nuisances "by a 23 voluntary cooperative effort between the City and the owner of the property whereon the 24 public nuisances are occurring." See RCMC §9.19.010. 25 26 ' The City Attorney for the City of Rancho Cucamonga has the authority to bring 27 a nuisance abatement action on behalf of the People of the State of California. See e.g., 28 People v. Robbiu, 56 Cal.App.2d 885, 886 (1943). In re: Jennifer Dlason 11231-0172VIO61060v1Qdoc P189 1 A public nuisance is one that substantially and unreasonably interferes with rights 2 common to the public. See County of Santa Clara v. Atlantic Richfield Co., l37 3 Cal.App.4th 292, 305 (2006). The Civil Code states that "anything which is injurious to 4 health including but not limited to...[actions] indecent or offensive to the senses, or an 5 obstruction to the free use of property, so as to interfere with the comfortable enjoyment 6 of life or property, or unlawfully obstructs the free passage or use, in the customary 7 manner, of any ...public park, square, street, or highway, is a nuisance." See Civil Code 8 §3479 (emphasis added). Section 3480 defines a public nuisance as "one which affects at 9 the same time an entire community or neighborhood, or any considerable number of ] 0 persons." (Emphasis added). The remedies available include a "civil action; or, z o o~ 11 abatement." See Civil Code §3491. = a ~ ~ 12 It is within the City's inherent Police Power to abate nuisances, and the "exercise w Z o 13 of the police power is not limited to the regulation of such things as have already become o.w "_' ~ 14 nuisances or have been declared to be such by the judgment of a court." See Sullivan v. = < 1 ~ Ciry of Los Angeles Dept. of Building & Safety, 1 ] 6 CaLApp.2d 807, 810 (1953). o Q w 16 Pursuant to its inherent Police Po~n~er, the City enacted section 9.19.030 of its x 17 municipal code to supplement its ability to abate "public nuisances" without resort to the ~~ ~-~ 18 courts. The Rancho Cucamonga Municipal Code states: 19 20 "Every structure or place used for the purposes of criminal activity by a 21 criminal street gang, gangs, or individual members thereof, or each 22 building or place wherein or upon such criminal activity takes place ... is 23 a public nuisance and may be abated as set forth herein." 24 25 (Emphasis added). The Municipal Code defines "Criminal activities" as "any 26 misdemeanor or felony as defened by focal or federal laws, including but not limited to 27 28 -12- ln re: Jennifer Mason 11231-0172~106I060vIO.doc P190 o w g ~ Q z 0 ~ o .< - 3 N a 4 a vo ~u =Yi the offenses set forth in Penal Code Sections 186.22 (a) and 186.22 (c)."5 §9.19.020 A (emphasis added). Penal Code sections 186.22 (a) & (e) are part of the larger "Street Terrorism Enforcement and Prevention Act" that was designed to secure the right of every person "to be secure and protected from fear, intimidation, and physical harm caused by the activities of violent groups and individuals." The Act was aimed at gang members who "threaten, terrorize and commit a multitude of crimes against peaceful citizens of their neighborhoods" -exactly the type of things Carlos Herrera, his brother, their families and associates do to the neighbors here. See Penal C. §186.21. Section 186.22 (e) identifies thirty-three different crimes "the commission of, attempted commission of, conspiracy to commit, or solicitation of constitute a "pattern of criminal gang activity" for purposes of the statute. Among the crimes identified are: (1) assault with a deadly weapon or by means likely to cause great bodily injury; (8) the intimidation of witnesses and victims; (20) felony vandalism; (24) threats to commit crimes resulting in death or great bodily injury; and, (32) carrying a concealed firearm. The attached declarations establish that Carlos Herrera, his brother Joseph, their children, and associates effectively operate as a "criminal street gang" that engages in "criminal gang activity" in their neighborhood. Attached declarations show that Carlos Herrera and his family and associates are violent individuals who threaten, terrorize, and commit crimes against the innocent neighbors who have the misfortune to live nearby. Declarations, police reports and court records show that Herrera and his associates have committed or attempted to commit each of the above-identified crimes in Section 186.22 (e). Herrera, his brother, their families and associates constitute a public nuisance, and that nuisance emanates from the properties located at 6416/6422 Eagle Peak Place. ' The Rancho Cucamonga Municipal Code identifies subsections (a) & (c), but it is most likely that subsection (e) was the one intended because it lists offenses that constitute a "pattern of criminal gang activity." Subsection (c) deals with probation. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -13- 11231-0172V1061060x10-doc In re: Jennifer Mason P191 1 The Property Owner's ignorance (or indifference) to the public nuisance Carlos 2 Herrera, her tenant Joseph Herrera, their families and associates have created for the 3 neighborhood does not absolve her of responsibility for it. "It has long been the law in 4 California that not only is the party who maintains the nuisance liable but also the party 5 or parties ivho create or assist in its creation are responsible for the ensuing damages." 6 City ojtYlodesto Redevelopment Agency v. Superior Court, 119 Cal.App.4th 28, 38 7 (2004) (emphasis added). It is an incidence of her ownership that the Property Owner 8 take some action to curtail the public nuisances that emanated from her home. "Thus, 9 whether the context be civil or criminal, liability and the duty to take affirmative action 10 flow not from the landowner's active responsibility for a condition of his land that causes zo 0 11 widespread harm to others or his knowledge of or intent to cause such harm but rather, =a ~ 0 12 and quite simply, from his very possession and conb-ol of the land in question." Leslie .., ,, ~ a Z o 13 Salt Co. v. San Francisco Bay Conservation & Dev. Comm'n, 153 CaLApp.3d 605, 622 ow ~' 14 (1984) (emphasis added) (interpreting statute regarding liability for placing landfill on the ca = ~ 15 shoreline of San Francisco Bay). cn o < Q w 16 The Property Owner has made no effort to curtail the nuisances emanating from _~ a 17 her property or their impact on the surrounding neighborhood, and she is responsible for =v, 18 them. 19 20 V1. 21 Conclusion 22 The neighbors in this community have had their lives severely and negatively 23 affected by Carlos Herrera and the activities that emanate from 6416 and/or 6422 Eagle 24 Peak Place and 1 1442 Mount Baxter Street. All of the neighbors relate nearly identical 25 stories corroborating Carlos Hel-rera's intimidation and harassment. He has attacked 26 them, destroyed relationships, intimidated their children, damaged their property, and 27 upended [heir lives. 28 -14- In re: Jennifer D7ason 11231-0172VIOGIO60vI0.doc P192 1 2 3 4 5 6 7 8 9 10 0 0 11 ~ 12 u, ~ 13 z 0 v? 0 14 a = 3 IS ~ s o Q 16 ~ 17 ~v 18 19 20 21 22 23 24 25 26 27 28 By: A RICK {. B B { Attorneys for Plaintiff CITY OF RANCHO CUCAMONGA -15- The Chief of Police deemed it necessary for the City Attorney to commence abatement procedures against the Property Owner as set forth in the Rancho Cucamonga Municipal Code. Based on the evidence in this brief and the evidence that will be presented at the nuisance abatement hearing, the City Attorney contends that the actions emanating from 6416 and/or 6422 Eagle Peak Place and 11442 Mount Baxter Street constitute a public nuisance as defined by the Rancho Cucamonga Municipal Code. DATED: July 16, 2008 RICHARDS, WATSON & GERSHON A Professional Corporation PATRICK K. BOBKO KENNETI-I J. POOLE II231-0172\IOGIOGOvIO.doc In re: Jennifer pleson P193 1 2 3 4 6 7 8 9 10 z = 11 w 12 ~ a z 13 0 14 _3 s IS ,< = 16 v_ o ~ 17 ~~ -~>!'~ 18 19 20 21 22 23 24 25 26 27 28 RICHARDS, WATSON & GERSHON A Professional Corporation PATRICK K. BOBKO (208756) KENNETH J. POOLE (251 158) 355 South Grand Avenue, 40th Floor Los Angeles, CA 90071-3101 Telephone: (213)626-8484 Facsimile: (213) 626-0078 Attorneys for Plaintiff, CITY OF RANCHO CUCAMONGA CITY OF RANCHO CUCAMONGA NUISANCE PROCEEDING In the Matter of JENNIFER MASON EXHIBITS SUPPORTING CITY'S NUISANCE ABATEMENT HEARING BRIEF FOR ADDRESSES 6416 AND 6422 EAGLE PEAK PLACE Hearing Date: July 23, 2006 Time: 10:00 a.m. Rancho Cucamonga City Hall Before: Glenn Gottlieb, Esq. Exhibits Supporting Ciry's Nuisance Abatement Brief 11231-0172\10680SOv3.doc P194 1 2 3 4 5 6 7 8 9 10 zo 0 11 _~ ~' 12 w g -~ ~ 13 z ow o ]4 ~- ~ 1 S ,s a 16 '' x ~ 17 =v 18 19 20 21 22 23 24 2S 26 27 2g Exhibit Description "A" Grant Deed for 6416 Eagle Peak Place (Jennifer Lynn Mason); Grant Deed for 6422 Eagle Peak Place (Jennifer Lynn Mason) "B" Neighborhood Map "C" Declaration of Robert SantaCruz "D" Superior Court San Bernardino County Case Report -People v. Vincent Fondario (Case No. FWV701399) "E" Superior Court San Bernardino County Case Report -People v. Carlos Herrera (Case No. FWV701399) "F" Arrest Report for Carlos Herrera (Case No. 110509168) (July 7, 2005) "G" Declaration of Leticia Gallindo "H" Declaration of Lizette Gallindo "I" San Bernardino County Property Information Sheet (6422 Eagle Peak Place "J" Photograph of Karen Pusateri's Wall (151 time) "K" Declaration of Patty Dickinson "L" Photograph of Karen Pusateri's Wall (3`d time) "M" Chief Joe Cusamano's Letter Initiating Nuisance Abatement Hearing process against Jennifer Mason "N" Letter from City of Rancho Cucamonga to Jennifer Mason notifying her of the July 23, 2008 hearing "O" Summary of Police Reports (1999-2005) "P" San Bernardino County Sheriff s Department Report for June 23, 2007 incident between Robert SantaCruz and Carlos Herrera "Q" Intentionally blank "R" Photographs of 6416 and 6422 Eagle Peak Place "S" Photograph of wall separating 6416 Eagle Peak Place from 6412 Eagle Peak Place -2- Eahibits Supporting City's Nuisance Abatement Brief 11231-0172~1068080v3.doc P195 1 2 3 4 5 6 7 8 9 10 oz o 11 xa ~ 12 ws ~ 13 z ow ~ ~ 14 ¢a - 3 ~ 15 1 J `a Q 16 17 'v 18 19 20 21 22 23 24 25 26 27 28 Exhibit Description "T" Declaration of Karen Pusateri DATED: July ] 6, 2008 RICHARDS, WATSON & GERSHON A Professional Corporation PATRICK K. BOBKO KENNETH J. POOLE By. - A RICK I . B B' Attorneys for Plaintiff CITY OF RANCHO CUCAMONGA -3- Exhibi[s Supporting City's Nuisance Abatement Brief 11231-0172\106SOSOv3.doc P196 Exhibit A PT 97 RECORDING REQUESTED BY. ~AlTC_ AND NRi RECORDED, )MIL TO: JENNIFER LYNN MASON 6476 EAGLE PEAK PLACE .`2ANCH0 CUCAMONGA, CA 91737 RECORDING REQUESTED Ul' ~DE[fp( NATIONAL TITLE INSURANCE CO. Racordao !n 0{fSCSaI Raeorda, County of San BarMrdino, tarry kLtkar, Racordar Doc No. 19990206589 08:00tam 05/14/99 Fi~lity National A GRANT DEED 1 2 3 -~ 5 ~ 7 1 ! ~ rn cn elMt rc to nr or aoo as nx rs rws wx rr u m orco twls rss p~ asc uax ASSESSOR'S PARCEL NO.: 0225-271-20 The undersigned Grantor(s) dedare that the DOCUMENT TRANSFER TAX IS: TITLE ORDER No.: 579320-DE $ 144.70 County $ City ESCROW NO.: 30096-GL xx computed on the full value of the interest of property conveyed, or computed on the fuU value less the value of liens or encumbrances remalning thereon at the time of sale. _ OR transfer is EXEMPT from tax for the following reason: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, DAVID LIU and EMILY LIU, Husband and Wife, as Joint Tenants hereby GRANT(S) to JENNIFER LYNN MASON, a Single Woman all That real property situated in the City of RANCHO CUCAMONGA, County of SAN BERNARDINO, State of California, described as: LOT 20 OF TRACT NO. 72936. AS PER PLAT RECORDED IN BOOK 787 OF MAPS, PGES 32 THROUGH 36, INCLUSIVE, RECORDS OF SAID COUNTY. Dated March 23, 1999 STATE OF CALIFO N10.C• - / COUNTY OF ~2 lift . Ndary Public, parswially appearetl `~`~-~ _ 119L I D i u /Y A,)l~ ~/y/ y l V ~ ![.J DAVID U EMILY LIU Persmally known b me (a proved b me on the basis of sa4sfactory evltlerx'e) to be ere parsm(s) whose namels) is/are subscribed to the within instrument and ackrrowledged b nro that hrlshe/Ihey exeated the same in his/her/their _ nLOIIIAALOVQ aulhodzed capatitypes), and that oy his/herAheir signaWrels) on the msWrnent ~'~~ Ilyp/ the person(s), d the entity upm betWl of xvA4ir ete person(s) acted, execulM ~W /1ESO_O~yy Ne 'utsWmanL My ~'~^o'a'~b WITNESS my ha d and offioal seal. ~W~alt'bI P•7~ SiplaWre~ ~-~f ~L ~~/ MAIL TAX STATEMENTS TO: / / (This aroa to nlfigal raUry seal) JENNIFER LYNN MASON - 6476 EAGLE PEAK PLACE, RANCHO CUCAMONGA, CA 97737 SAN BERNARDINO,CA Document: DD 1999.206589 Page 1 of I Printed on 6/1 (/2008 1:25:31 PM Provided by Data Trace System P198 9 l/v RECORDING REQUESTED BY: Fidelity National Title Company of Oregon Eccrow No. 1 P110929B-KH -29 Tige Oraer No. 33210527 When Recorded Mail Document and Tax Statement To: Jennifer Mason 6422 Eagle Peak Place Rancho Cucamonga, CA 91737 RseeNee la Omnal gecwer, eoenry al son 9ernarelno 4/3W2g00 LARRY WALKER t:og PM AoddorlController -Recorder lam' SW 744 Fidelity National Tltle Co. oo c N: 20 0 4 - lalet: 1 0 3 0 2 0 7 6 Paget: t 1 1 I ' l tl g 1 I1 g' tt ~ I N V N N I l l 1 1 l I f 1 p 1 ' p ( t l ' N I I ~III II~ I II~ I I III II I I N ^ ' 1 p y ' f ry 1 l y ' l ~ 114 II II 4 N Y Y YI' I B. W PRID N sa _--~ ~~ ~ ~~ GRANT DEED JYAI,t AtlUVt IRIS LINE FOR RECD The undersigned grantorlsl dedare(~sf, /Y/\/-//~/\/// Documentary transfer tax is5313d VCity Tax S [ 1 computed on full value of property conveyed, or [ ) computed on full value less value of liens or encumbrances remaining at time of sale, [ 1 Unincorporated Area City of Rancho Cucamonga FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowlodged, David Allen Thompson, hereby GRANTIS) to Jennifer Mason, a single woman the following described real property in the Ciry of Rancho Cucamonga County of San Bernardino, State of California: Lot 19, Tract No. 12936, as per plat recorded in Book 187, of maDS, Pages 32 trhough 36 inclusive, records of said County. DATED: April'~~ , 2004 STATE OF Orego r COUNTY OF ,f ON before me, /Y!. bru5 personally appeared r n personally known to me for proved to me on the basis of satisfactory evidence) to be the Dersonasl whose namels) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/[heir authorized capacity (iesl, and that by his/her/their signaturelsl on the instrument the personlsl. or the entity ypon behalf of which the personls) acted, executed~he instrument. !Rev 9/941 anew[ seat t~RlEE=p Qg. NUfJBIMS NOTNtt FUBtK-GREGON epptMli9GN Ne. A509Ga ' FttC/~MA959IM16~s OCIGBEq 2q 7LOfi MAIL TAX STATEMENTS AS DIRECTED ABOVE SAN BERNARDiNO,CA Document: DD 2004.302076 Printed on 6/11/2008 1:26:57 PM Provided by Data "!'race System Page 1 of I P199 Exhibit B +4 O NO O O - N C v T N V N V N V /U d (O d f0 ~ Y ~ Ul Y T Y /O d ~ QJ d N d ~ N _N ~ W ~ ~ W ~ ~ W N N ~ rv N ~ ~ ~ ~ ~ C ~ UI A pi ~ l7 UJ N ~ QI O - O - ` ~ J v m ~ . V r u V ~ -a ~ _ _ ~ G C .C p ~ O 'p O ~ Ql -p C 2 c G ~ lQ C ~ ~ ~ ~ ~ } C W ~ C C C _V Y Z ~' ~ ' H . ~ f f ~(f ) E ) E?i! N ~ ~ V !O u N d ~ Y i R ~p N O N d N ~ V N d 0. N C Y W C ~ N ~ ~ O N N p _N ~ M ~ ~ ~ O W C ~- N ~ N ~ ~ ~ O U '~ ~ C tO N Ql y C t0 v V ,O H ~ Q w O_ ~ ~ N ~ N .~ ~ v ._ a'' ~ Y H d P201 Exhibit C P202 DECLARATION OF ROBERT SANTA CRUZ: z o oa w V Q Z ~ 0 ¢~ }_ a 3 ~ -< ¢w U o Q' `a iu _YI 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, Robert Santa Cruz, hereby declare as follows: 1. I am the property owner of 11436 Mount Palomar Street, Alta Loma, California, and that address is my sole residence. I have lived at this address for the past thirteen years. My property is located around the corner to the north of the property owned by Jennifer Mason, where Carlos Mr. Herrera resides. I have personal knowledge of all matters stated herein, and, if called as a witness, I could and would testify competently to the following: 2. The first time I met Mr. Herrera, about six months after we moved in, he tried to persuade me to commit an insurance fraud with him. Just after I entered my house through the open garage, I looked back to find Mr. Herrera had followed me into my house without my knowledge. When I asked him what he was doing, he proposed that I take my wife to Las Vegas for the weekend and while I was away he would flood my house and I could file a claim to collect money from my insurance company. I assume he was serious, but instead of having a confrontation with him in my garage, I simply declined his offer. Mr. Herrera began harassing and intimidating me soon after this, I believe, because I refused to participate in his scheme. 3. I worked as a the contractor primarily for In-N-Out Burger and consequently, worked mostly at night when the restaurants were closed. Mr. Herrera made a habit of waiting up for me to leave for work at 1-2 a.m. On several occasions, as I left and drove by with my workers, Mr. Herrera would come out, hose down my truck windshield. On another occasion, he ran up to my vehicle and attempted to bang on the windows. 4. Mr. Herrera made a habit of racing his car at me while I was driving, and would only avoid hitting me at the last minute. I believe he did this in an effort to harass and intimidate me. II231-0172\1016912 v4.doc P203 1 5. Mr. Herrera repeatedly threatened to kill me. Once while I was out front of 2 my home, Mr. Herrera drove by with his eldest son in the car. As Mr. Herrera 3 approached, he reached over his son, pointed a handgun at me and said "I'm gonna 4 fucking kill you." 5 6. On July 7, 2005, while washing my boat late in the day, Mr. Herrera 6 approached me and told me I better fear for my life because he was coming to get me. I 7 called the police. An officer responded to the scene, and while I gave my statement, one 8 of my workers spotted Mr. Herrera sneaking around in the shadows of my neighbor's 9 side-yard. Mr. Herrera apparently did not see the officer or her squad car because both 10 were obscured by my truck and boat. When my worker spotted Mr. Herrera and pointed z 11 him out to me and the Police Officer. As soon as he knew we had seen him, Mr. Herrera o x ~ 0 12 stood up to run. He did not get away because the Police Officer drew her gun and ~,., ,, - 13 ordered him to stop. She eventually took him to the ground and arrested him. Soon z ° 0 ~ ~ 14 thereafter numerous other police cars responded to the scene and Mr. Herrera was taken t a ,a - a 15 into custody. o < a w 16 7. Two individuals (one of which goes by the nickname "Big Mac") who are x~ " ~ 17 acquaintances of Mr. Herrera and are frequently seen at Ms. Mason's house; followed me ~ < ~V v, 18 to my workshop where they confronted me and threatened to kill me. Fortunately, I was 19 able to call 9-1-1 and the police responded before anything unfortunate occurred. 20 8. My trucks have been repeatedly vandalized and I believe Mr. Herrera and 21 his cohorts are responsible for the damage. My truck windows have been smashed; tires 22 slashed; soda, sugar, and urine put into the trucks' gas tanks; and other substantial 23 damage inflicted on the trucks. I never had any problems with vandalism to my trucks, 24 work equipment at my workshop, or my home prior to the day when Mr. Herrera's 25 cohorts followed me from my house to my workshop. 26 9. I constantly fear for the safety of my family and my property. When my 27 son's all-star little league team made it to the Cooperstowns Dreams Park Tournament in 28 Cooperstown, New York, I did not feel it was safe to leave my home for fear of what Mr. 2 11231-0172\IOIG912v4.doc i P204 z ; o . =a N ~ ~ o w „ z 0 ¢~ ~ < o V °o ~~ =!~i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Herrera might do in my absence. From our first interaction he told me he knew how to "flood" my house so we could recover insurance money, and I did not feel safe leaving, knowing he was there. Instead, my wife and children went, and I missed the entire two- week tournament because I felt I had to protect my property from Mr. Herrera. 10. Mr. Herrera has attacked me and my family. He has followed my son Kale on past occasions causing me to fear for my family's safety. On June 23, 2007, Mr. Herrera followed my son, Kale. Concerned, I approached to retrieve my son, and Mr. Herrera and his accomplice, Vincent Fondario, attacked me by attempting to throw a rock at my face, but I tripped and the rock instead hit mein my upper torso, breaking a number of my ribs. Assault with a deadly weapon charges are currently pending against both Messrs. Herrera and Fondario. 1 I . Shortly before I was scheduled to go to court for the assault, I received suspicious phone calls erroneously telling me I did not have to appeaz in court. Afrer I did go, my car was vandalized again, with soda poured into the gas tank. About a month ago, right after the most recent court date, a trailer I own and use for work, was broken into. I believe Mr. Herrera or his cohorts did this to intimidate me into not testifying. 12. Mr. Herrera has caused me substantial property damage. Mr. Herrera has taken severely affected my qua]ity of life, and I do not feel that my family, my property, or my o~~n self are safe as long as Mr. Herrera lives in the neighborhood. I declaze under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this Z3`~day of February, 2008. / ,~ ROB RTSANTACRUZ -3- P205 Exhibit G P206 I 2 3 4 5 6 7 8 9 10 z~ o ° xa w g ~ <' z ° 0 ¢~ ~_ °< 3 s J ~ r Q w x~ U o Q' a ~V _.Y~ I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF LETICIA GALINDO: I, Leticia Galindo, hereby declare as follows: My husband and I were the property owners and residents of 6422 Eagle Peak Place, Alta Loma, California. I lived at this address for a number of years after moving there in 1987. The property I used to own abutted the property owned by Jennifer Mason, south of her property. Jennifer Mason is now the property owner of this house located at 6422 Eagle Peak Place. I have personal knowledge of all matters stated herein, and, if called as a witness, I could and would testify competently to the following: 2. I first encountered Mr. Herrera in 1993. At that time, he wanted my youngest daughter, Gabriella to play with his daughter. Mr. Herrera's children were rough, and frequently pushed my daughter around to the point where her face would get scratched and she would be bruised. Since both my ex-husband Raymond (Ray) and I are FedEx drivers and not home during the day, we had a nanny who would watch our children. After a few incidents where my children were hurt playing with Mr. Herrera's kids, I instructed the nanny not to allow my daughters to play with Mr. Herrera's children because they were too rough. Afrer we stopped allowing our children to play with his, Mr. Herrera became very hostile and threatening towards my family and I. 3. Because Herrera was so threatening to all members of my family and we feared for their safety, Ray and I stopped allowing our children to play outside. An unfortunate side effect of our fear of Leaving our home was that my youngest daughter, Gabriella, never learned to ride a bicycle because we did not want her to go outside for fear that we would have to confront Mr. Herrera. Mr. Herrera was an erratic and dangerous driver, and neither my husband nor I wanted to be in the street with our small child on a bicycle. 4. Mr. Herrera often tried to instigate fights with my ex-husband Ray. In one instance, Mr. Herrera came over to our home and tried to pick a fight with Ray at the 11231-0172\1017130v5.doc P207 o ° = a w o z 0 a - 3 o x v a ~ < iu ='!'! 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 front door. The two men would have gotten into a physical altercation had I not separated them and shooed Mr. Herrera from my home. This incident so shook Ray that he felt it necessary to purchase a handgun in order to protect our family from Mr. Herrera. 5. The incidents between Mr. Herrera and my husband caused substantial tension in my family, that in turn lead to marital strain above and beyond the usual strains of work and raising kids. I attribute most of the marital strain that resulted in our eventual divorce to Mr. Herrera. It was truly a temble time when, after a long day at work, neither my husband nor I could come home and relax. We were constantly worried that Mr. Herrera was going to come to our home and pick a fight with my ex-husband, or threaten our children, or harass us in some other way. Mr. Herrera deprived us of any sense of security we had in our home. 6. Because Mr. Herrera caused Ray and I to fear for our family's safety as well as that of our property, we avoided spending time outside. We were essentially prisoners in our own home. We were no longer able to do things many people take for granted; we did not mow our lawn, do yard work, or go fora walk in our neighborhood. We were deprived of these things because we feared Mr. Herrera. We hired someone to do our yard work to avoid confrontations with Mr. Herrera. These expenses were incurred as a direct result of our living next-door to Mr. Herrera. 7. The tensions I attribute largely to Mr. Herrera's harassment of my husband and family ultimately led to my divorce. We w-ere forced to sell our home and move, and Mr. Herrera would not leave us in peace even as we were trying to leave the neighborhood. Initially we put a "For Sale" sign in our front yard but had to remove it because Mr. Herrera would wait in front of our house to harass potential buyers. He would park his car in front of our home and play his music very loudly, in an obvious attempt to intimidate any potential buyers. Showing our house to potential buyers necessarily became a clandestine operation, and we took the "For Sale" sign down in hopes that Mr. Herrera would not assume any car that parked in front of our house was a -2- 1123 I-01720 017130v5.doc 02/14/20081 16:42 2136223992 NOTICE/MOLLY PAGE 05/05 P208~- 1 2 3 4 5 6 7 8 9 10 z 11 o ° ~ 12 W ~ l7 -+ ~ 4 13 0 14 -~ 75 ,s w 16 xs "~ 17 ~ ~a ~.v 18 19 20 21 22 23 24 25 26 27 28 potential buyer. Rut even this did not work. On the occasions when Mr. IIerrcra saw someone come to the house for a showing, he would go so far as to come within shouting distance to tell them they should look to buy somewhere else because if they purchased our home, "you'1[ have to deal with me." I believe his harassment of potential buyers severely and negatively aflcxacd the final sale price of the home. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of~c°~, -3- 1123 I -0 172\ 1019130v5. dce Received at RWG Law 2/19/2008 3:51:16 PM P209 Exhibit H P210 I I DECLARATION OF LIZETTE GALINDO: 2 3 I I, Lizette Galindo, hereby declare as follows: 4 5 1. My family and I lived at 6422 Eagle Peak Place, Alta Loma, California, 6 since moving [here in approximately 1987. The property bordered the property owned by 7 Jennifer Mason, where Carlos Herrera resides, with Mason and Herrera located 8 immediately north of our property. I have personal knowledge of all matters stated 9 herein, and, if called as a witness, I could and would testify competently to the following: 10 2. I first remember meeting Mr. Herrera in 1993, when he would have his z g ° 0 11 daughter, Christina play with my younger sister, Gabriella. Christina, however, played 12 extremely rough with Gabriella. After Herrera's children pushed around and injured my -~ zo „ ] 3 child's face, my mother forbade our nanny from allowing my sister or me to play with a 14 Herrera's children. Shortly thereafter, Herrera began to harass and intimidate me. 3 ~ IS 3. Our home was located on a very quiet street. Often when I was out in the _ 16 street, Mr. Herrera would drive very fast right at me and swerve to avoid me just at the ~, o 17 last minute. He would sometimes do this and then pull a u-turn and do it again. As a =Yi 18 child I was always terrified of Mr. Herrera, and his presence in the neighborhood was ] 9 always in the front of my mind whenever I left the house. 20 4. On about three or four separate occasions, when I was about 14 or 15 years 21 old, I spotted Mr. Herrera staring at me through the window while I was changing. Mr. 22 Herrera would sit or stand on the fence adjacent to our house and peer through my second 23 story bedroom as I undressed. I never felt he was "leering" at me, but instead believe he 24 was trying to intimidate me. 25 5. Frequently Mr. Herrera would harass and intimidate me when I would leave 26 my house to go to school in the morning. This escalated to the point that I did not feel it 27 was safe to walk anywhere, and instead had to arrange for a ride to school and anywhere 28 else I went. 11231-0172\1017133v4.doc 02/14!2008 16:42 2136223992 NOTICE/MOLLY PAGE 02/05 P211` 1 2 3 4 5 6 7 8 9 10 ~ 0 11 o "' 8 12 ~ o u, ~ K 13 z o ~ d 14 ~~ 15i o I __ 16,E 17 ~~ lx 19 20 21 j 22 23 24 I 25 26 27 7_R 6. When our home was for sale, I sow Mr. Herrero harass and intimidate potential buyers of our home. On a couple of occasions, while we were holding open houses, I saw Mr. Herrera park his van in firont of our house and blast his music- Mr. Herrera would tell the prospective buyers that they did not want to buy the house, "because you' Il have to deal with me." I believe this impacted my pazents' ability to sell our house and probably prevented them from getting the best possible price for our home. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this ~ dsy of ~ , 2007. ~~~ ~_ _ LIZET'I'E GALINDO -2- 1123(-0172\1017133v4,doc Received at RWG Law 2/19/2008 3:51:16 PM P212 Exhibit I OwnerHlstory _._ ~.- ~' ~ Sill Postmus Assessor Yage 1 of 1 P213 San Bernardino County - PIMS Property Information for Parcel 0225-271-19-0000 Parcel Parcel Parcel Pro a S Tax Use Land Size land District Res Res ~ Status Type ID Status Code Access Type Group Uni 0225271190000 ~q ~p ~ ~ SFR PUB/PV O1 OS FONTANA ~ RES Ownership History Name R/I %In[ Type Acquisition Date Document Date Inactive Date Document Numbers MASON, JENNIFER SO 100.0000000 ~ 04/30/2004 04/30/2004 NONE 20040302076 THOMPSON, DAVID SO 700.0000000 a NONE 71/10/1998 04/29/2004 9848144400000 GALINDO, LETICIA HW 50.0000000 ~ NONE 03/31/1967 11/09/1998 8710370100000 GALINDO, RAMON HW 50.0000000 ~ NONE 03/31/1987 11/09/1998 8710370100000 MARLBOROUGH DEV CORP CT 100.0000000 ~ 06/25/1985 03/01/1986 03/30/1987 8700000000000 http://nppublic.cosan-bemardino.ca.us/newpims/(S(ggbkgiul gbpkOmyiiclmcs4~))/OWN... 2/29/2008 P214 Westlaw A PN: 0225-271-19 REAL PROPERTY TRANSACTION RECORD Filings Collected Through:07-O1-2008 County Last Updated:07-09-2008 Frequency of Update:WEEKLY Current Date:07/10/2008 Source: COUNTY RECORD- ER SAN BERNARDINO, CALIFORNIA OWNER INFORMATION Owner(s):MASON JENNIFER Owner Relationship:SINGLE WOMAN Additional Owner #1:MASON JENNIFER Owner Relationship:SINGLE WOMAN Property Address:6422 EAGLE PEAK PL RANCHO CUCAMONGA CA 91737-6523 Mailing Address:6422 EAGLE PEAK PL RANCHO CUCAMONGA CA 91737-6523 PROPERTY INFORMATION Page I County:SAN BERNARDINO Assessor's Parcel Number:0225-271-19 Property Type:SINGLE FAMILY RESIDENCE - TOWNHOUSE Land Use:SINGLE FAMILY RESIDENCE Building Square Feet:1988 TRANSACTION INFORMATION Transaction Date:04/25/2004 Seller Name:THOMPSON DAVID A Sale Price:$285,000.00 Consideration:UNCERTIFIED Deed Type:GRANT DEED Type of Transaction:RESALE Mortgage Amount:$228,000.00 Mortgage Type:CONVENTIONAL Mortgage Term:30 YEARS Mortgage Deed Type:DEED OF TRUST Mortgage Date:04/13/2004 Mortgage Due Date:05/01/2034 Interest Rate:ADJUSTABLE Lender Name: FOUNTAIN GROVE MTG 0 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works. APN:0225-211-19 Paget P215 Lender Address: SANTA ROSA, CA 95409 Recording Date:04/30/2004 Document Number:302076 Title Company:FIDELITY NATIONAL TITLE CO Construction Type:RESALE Purchase Payment:MORTGAGE TAX ASSESSOR RECORD is available for this property. The record contains informa- tion from the office of the local real property tax assessor office. In addition to identifying the current owner, the record may include tax assessment informa- tion, the legal description, and property characteristics. Additional charges may apply. TRANSACTION HISTORY REPORT is available for this property. The report contains de- tails about all available transactions associated with this property. The report may include information about sales, ownership transfers, refinances, construction loans, 2nd mortgages, or equity loans based on recorded deeds. Additional charges may apply. Call Westlaw CourtExpress at 1-877-DOC-RETR (1-877-362-7387) to order copies of documents related to this or other matters. Additional charges apply. END OF DOCUMENT ° 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works. P216 Exhibit J ~:. ~~~ ~ ~--~ .~ P218 Exhibit K i P219 DECLARATION OF PATR[CIA DICKINSON: z o oQ ~ g w ~ C7 a' z °- 0 ~ o Ua x u o d' a iu~ _iY~ 2 3 4 5 6 7 8 9 t0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, Patricia Dickinson, hereby declare as follows: L I am the property owner of l 1407 Mount Ritter Street, Alta Loma, California, and that address is my sole residence. [have lived at this address since March 1987. My property is located four houses south of one property owned by Jennifer Mason, where Carlos Herrera resides, and three houses south of another house she owns. I have personal knowledge of all matters stated herein, and, if called as a witness, I could and would testify competently to the following: 2. I live with my grandson, who is thirteen years old. [have had different family members live with me since [moved into the home. Herrera has repeatedly harassed and intimidated me, severely injured my pet, and I am afraid for my grandchild's safety. 3. About eight or nine years ago, my wood fence blew down, and my small pug dog, Bailey, wandered into Herrera's property. After walking the neighborhood calling for my dog, I found my dog with a neighbor who lived across the street from Mr. Herrera, and who had retrieved the injured dog. I took Bailey to the Veterinarian who diagnosed Bailey with a broken leg. After he casted the dog's leg, the Veterinarian informed me that the injury was consistent with being struck by a heavy object. Convinced that Mr. Herrera had injured the dog, I went over to Mr. Herrera's to confront him about it, and I told him he hurt my dog, that there were witnesses to this incident, and to stay away from my family and I. He threatened me and said, "you don't know who you're messing with bitch." 4. About five years ago, I walked over to a neighbor's house fora party. I looked both ways across the street and noticed Mr. Herrera sitting in his parked truck with the engine running. Since I did not see any vehicles coming, I started crossing the street, at which point, Mr. Herrera put the car in gear, screeched from a stop, and drove t(23(-0172\101646Iv5.doc i P220 z a o~ x W~ ~ <' z ° 0 ~ a 3 _~ s o < w x ~ o ,v _'!'! I 2 3 4 5 6 7 8 9 LO 12 13 14 15 I6 17 18 19 20 21 22 23 24 25 26 27 28 right at me. [froze in fear, and b2r. Herrera slammed on his brakes at the last minute almost hitting me. He apparently thought the entire incident was funny because he laughed at me as he backed up. He abruptly drove off. 5. [ have repeatedly witnessed Mr. Herrera stare at my thirteen year-old grandson in a manner [believe is intended to intimidate him. The way Mr. Herrera looks at my grandson makes me fear for the child's safety. Because [ am concerned about my grandson's safety around Mr. Herrera, [told my grandson never to talk to him and to stay away from him and his house when he is outside in the neighborhood. 6. The problem with Mr. Herrera is so severe that one of my grandson's friends is not permitted to come over to play because Mr. Herrera lives on the street. 7. A few years ago while I was in front of the house, I saw Mr. Herrera lift his shirt to display a silver handgun tucked into his pants, in what I believe was an overt effort to frighten me. 1 have seen guns before, and I recognized it as a gun from the short distance he was from me. I believe Mr. Herrera showed me his gun to intimidate me. 8. On one occasion, police came to talk to me about a report of some kids who had vandalized Christmas lights in the neighborhood. That same evening, the police also received a separate call about Mr. Herrera's truck that was illegally parked. I think Mr. Herrera saw me talking to the police and wrongly inferred that [ was speaking with the police about Mr. Herrera's truck. [believe this because, the next morning when I awoke, my tires were slashed. [believe that Herrera thought I called the police in response to his truck, and in retaliation he slashed my tires. 9. I witnessed Mr. Herrera's daughter Christina and youngest son Jesse graffiti Karen Pusateri's wall. The Herrera children spray-painted Ms. Pusateri's wall and left it a horrible, unsightly mess. 10. Mr. Herrera frequently tailgates me while driving. I see him leave his house to follow me, tailing me by only a couple of feet for blocks until I pull over to let him pass. 1 L Herrera frequently spits in my direction when I walk on the sidewalk by my -2- 1123(-0172\1016461v5.doc i P221 zo o~ x cn g ~ o w l7 'a z oW ~ o a 3 _Q n o < x v ~Y _YI I 7 3 4 5 6 7 8 9 10 (l l2 L3 14 15 16 l7 18 19 20 7j 2Z 23 24 25 26 27 28 home. l2. [ used to be active in the neighborhood, but I am afraid to do so for fear that Mr. Herrera will retaliate or verbally abuse me if I forge close relationships with neighbors whom Mc Herrera targets. [have had to change my lifestyle since Mr. Herrera moved into the neighborhood and [feel as though [have become a prisoner in my own home. L3. I am fearful for the safety of my family and property because of Mr. Herrera. I want to move as soon as possible, but I am afraid to allow areal estate agent to put a lock box on the door or a "for sale" sign in front of my house, because I believe Mr. Herrera would retaliate by damaging my property. I declare under penalty of perjury under the laws of [he State of California that the foregoing is true and correct. Executed thisv~ ~ day of -3- PATKICIA DICKINSON P222 Exhibit L '223 P224 Exhibit M P225 Date: 3 z., . P I, Chief Joe Cusimano, have reviewed the petition for nuisance abatement regarding the properties located at G416 and 6422 Eagle Peak Place. Based on the petition and the attached declarations and evidence, I determine that Nuisance Abatement Proceedings: (Circle One): SHOULD SHOULD NOT Be brought against the property owner of record: Ms. Jennifer Mason. If proceedings are deemed appropriate, I will appoint on the recommendation of the City Attorney, a neutral hearing officer for these proceedings. I will also notify the property owner of the date and time of the hearing in accordance with the requirements set forth in the Rancho Cucamonga Municipal Code § 9.19.050. The location of the proceedings will take place at City Hall. Rancho Cucamonga Police Department 11231-0172\1038975v1.doc Chief of Police P226 Exhibit N P227 ~~~ , ,, ti ,~ ~ _~ RANCEiO CUCAMONGA POLICE DEPARTMENT June ~. 2008 YIA PERSONAL SERVICE AND CERTIf1ED MAIL Jennifer Lynn Mason 6416 Eagle Peak Place Rancho Cucamonga, CA 91737 Re: Notice of Nuisance Abatement Kearing Dear Ms. Mason: I write this letter to inform you that the City of Rancho Cucamonga will conduct a nuisance abatement hearing regarding the public nuisances emanating from 6416 Eagle Peak Place, Alta Loma, California (Assessor Parcel Number 0225-271-20) and 6422 Eagle Peak Place, Alta Loma, California (Assessor Parcel Number 0225- 271-19) on June 2~, 2008, at 10:00 a. m., in the Tri-Communities Room at Rancho Cucamonga City Hall, located at 1.0500 Civic Center Drive, Rancho Cucamonga, California 91730. I have conducted an investigation of the properties located at 6416 and 6422 Eagle Peak Place and determined that sufficient facts exist to justify a nuisance abatement hearing. I based my determination on facts contained in police reports and upon the declarations of neighbors who have been harassed, intimidated, and accosted by persons living al your properties. An independent hearing officer will conduct the hearing. The hearing will be recorded and all persons presenting testimony will be sworn prior to offering such testimony. All written evidence shat( be signed and dated by the person submitting the evidence. Each part}' may call and examine all witnesses, present evidence, rebut any evidence presented against them. Each party may be represented by anyone they choose. All relevant oral or written evidence shall be admitted and considered by the hearing officer. The hearing officer leas the authority to exclude irrelevant or repetitious testimony. 10510 Civic Cenrer Drive • !?O. E3oz 807 • Rancho Cuamonga, CA 91729-0807 • Tel 909-477-2800 • Faz 909-477-2899 • wwuc<i.rancho-cuwmonga.ca.us P228 Pa~~e The hearing oC~cer ~~ ill scn~c on the propert} o~cner by certified mail a written decision that states ~~~hethcr a nuisance exists based on Uu evidence presented. ~fhe hearing officer must render his written decision not more than five (~) working da}'s after the hearing. lCthe hearing officer determines that a nuisance exists, he wilt specify a time frame Cor its voluntary abatement by the propert}' owner The hearing officer's decision shall also explain the civic abatement alternative if voluntary abatement fails to abate the nuisance. [f the hearing officer determines that you have maintained a nuisance on your property, you may appeal that decision, on any grounds, on or before the tenth day after the date of the hearing officer's decision. Any appeal must be in writing and describe with particularit}' the grounds for the appeal The hearing officer's decision is appealable to the Rancho Cucamonga City Council and will be heard on the first available City Council agenda. The Council shall consider the appeal in conjunction with, and respective to, the record of the nuisance abatement hearing. The Council may revise, amend or otherwise alter the decision of the hearing officer in its sole discretion insofar as such is supported by the evidence. Alternatively, the City could proceed with the civil abatement process in the Superior Court. Civil Procedure Code section 73 l expressly provides that the City Attorney can "bring such action (or a public nuisance existing within a town or city' ...". Civi(Code section 3480 defines a "public nuisance" as one that `'affects at the same time an entire community or neighborhood, or an}~ considerable number of persons ...". [f you have any questions regarding this matter, please contact either Patrick [3obko or Kenneth Poole at the Rancho Cucamonga City Attorney's Office. They may be reached at (2l3) 626-8484. Very truly yoges~~ ice, Rancho Cucamonga Police Department ca Glenn M. Gottlieb, Hearing Officer l l?31-0172\1061101 v2.doc P229 hcc: I<cn Poole Jaiurs h~larkman Ki[ Lic~bko PedGs I Crack ud=&totalPiecP2 start http:/r«wu~.Cedes.com/Trackin~/Detail?ftc 30 _ _ Track Shipments/FedEx Kinko's Orders '.~.~ owce Neln Detailed Results Tracking number 861711703605 Reference 11131-0061 Signed for by Signature release on fle Delivered to Residence Ship date Jun 10, 2008 Service type Standard Envelope Delivery date Jun 11, 2008 4:18 PM Status Delivered Signature image ___ available DatelTime Activity Location Details Jun it, 2008 4.78 PM Deliveretl Left on porch. Package delivered to recipient address -release authorized 8:76 AM On FetlEx vehicle for ONTARIO, CA delivery 6:59 AM At local FedEx facility ONTARIO. CA 3:47 AM At dest sort facility ONTARIO, CA Jun 10, 2008 7:42 PM Lett origin LOS ANGELES, CA 5:57 PM Picked up LOS ANGELES, CA Signature proof ' e-mail results ~ ?rack more shipmentslorders Subscribe to tracking updates taptionat) Your name: Your a-mail address: Exception Delivery E-mail address Language updates updates -y ~ English _ r r --~ ~ English ~ r r ~- English ~ r r r--~ rEnglish _ f r Select format: t: NTML ~ Text (' Wireless Add personal message: Not available far Wireless or non-English characters. ~- By selecting this check box and the Submit button, I agree to these Terms and Sutimit Conditions -~ I of 1 6/(2/2008 10:38 AM P231 ., r ~ rmn . . 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P240 Exhibit T I I DECLARAT[ON OF KAREN PUSATERi: 2 3 [, Karen Pusateri, hereby declare as follows: 4 5 L [ am [he property owner of 6412 Eagle Peak Place, Alta Loma, California, 6 and that address is my sole residence. [have lived at this address since March 1987. [ 7 have personal knowledge of all matters stated herein, and, if called as a witness, I could 8 and would testify competently to the following: 9 2. My property is immediately adjacent to the property owned by Jennifer l0 Mason. Carlos Herrera is Ms. Mason's boyfriend, and he has lived with her at that z o o (( address over the years. Ms. Mason's property borders mine on the south side of my ~ o w IZ home. ~ a _ i oz „ 13 3. Mc Herrera continually harasses, threatens, and intimidates me. My l4 trouble with Mc Herrera began shortly after he moved into Ms. Mason's home, and in s 15 1996 the harassment grew to a point that I felt it necessary to document Mc Hen-era's u a d' ... v o 16 activities and my interaction with him. Mr. Herrera's harassment has caused me to incur ~ 17 substantial costs, has injured my property, and his intimidation makes me Ceel unsafe in 1 ~v =~'r~ l8 my own neighborhood and home. 19 4. Mr. Herrera began harassing me by frequently driving across my driveway 20 to park on the side of his house, blocking an casement I have on the border of his 2l property. [repeatedly asked Mr. Herrera to stop driving across my driveway, but he 22 refused. Mr. I{errera has his awn driveway, and it was not necessary Cor him to drive 23 across mine to access his. [confronted him about it and he told me, "Bitch, mind your 24 own business" and spit at me. [then contacted the Rancho Cucamonga Police about the 25 incident, and when they arrived, Mc Herrera immediately entered my garage and began 26 yelling at me for calling the police. This required the officer to remove Mr. Herrera from 27 my property and take him back to his own yard. I was afraid to pursue further action 28 /// i 1231-0I72\1016456v5.doc P241 P242 zo o - x w t7 'a _~ z ° 0 ~o a 3 oa ¢w x p vo ~ a ~V _.v~ 2 3 4 5 6 7 8 9 10 11 12 13 l4 15 1G 17 18 l9 20 21 22 23 24 25 26 27 28 such as obtaining a restraining order against Mr. Herrera because [thought this would only make him angrier and perhaps inflict damage to my property. 5. In 1997, Mc I-(errera and his children set up a basketball hoop against my house, using the wall of my property that faces his home as a backstop. The basket was positioned such that the ball would repeatedly strike my home, often with such force that things fell off the wall inside my home. On numerous occasions, [asked him to move the basket away, but he refused, and he told me he "can do whatever [he] wants to do." 6. [n 1998, [attempted to paint my house. While the painters were at my home, Mc Herrera confronted them and harassed them to the point that they left the job and refused to complete the work they started. This caused a three-month delay and added expense to complete the job. 7. In July 1999, Mc Herrera began doing work on his house. He often performed this work late at night, sometimes as late as 1-2 a. m. Much of the work was performed using a jackhammer and flood lights, and as a result [had to sleep on the couch in the living room because it was too loud and bright in my bedroom. [have no doubt that Mr. Herrera conducted this work at these odd hours to be disruptive and to keep me awake late at night. 8. During this construction, Mr. Herrera also removed an earthen slope between our properties to the point that his excavation eventually exposed my home's foundation. The resulting ditch was unsightly, caused water to pool at its base, and made it impossible for me to access Iny electrical breaker box and other utilities for more than six months. He then piled wood along the side of my house, and I attribute the subsequent termite damage to my home to the ofd wood he put there. Mc Herrera also dug a three to four foot deep ditch next to my driveway, and left the dirt from the excavation in a large pile next to the driveway. 9. During this construction period, while trying to pull into my garage, I observed Mc Herrera beat on the side of my home with a two-by-four He called me a "bitch," and told me [ "better hide." -2- 11231-0172\1016456v5.doc P243 l0. In 2001, Mc Herrera made an addition to his house and built a wall along zg oa x~ ~ a u, g 6 -~ z ° 0 0 r -~ oa v_o 6 ~V _'!'! 2 3 4 5 6 7 8 9 10 ll 12 13 14 i5 16 17 18 l9 20 21 22 23 24 25 26 27 28 our property line. Mr. Herrera left the side of the wall that faced my property unfinished, so [bought the necessary supplies, and finished the wall myself, after it stood unfinished for over one year. I spent time stuccoing and painting the wall so that it matched the facade of my home. I did all of this work on the weekends because [did not have time to do it during the week because of my job. Shortly after I finished doing this work, [heard a banging on my wall, and heard him yell, "there you go bitch." [was afraid to go outside, so [opened the garage just enough so that [could peer out from under it, and saw that the wall had been graffitied. Large Xs were painted on the rose bushes in front of the wall, killing the rose bushes. 1 I . [ could not leave the wall with the graffiti on it, so I again spent my own money to purchase paint and fix the wall. I decided the best time to do the work would be at 6 a.m., because I could avoid Mr. Herrera, who typically did not come outside at that time in the morning. 12. When I returned home frotn work a few days later, I found the names of Jesse (Mr. Herrera's youngest son) and Christina (Mr. Herrera's daughter) painted on the wall with various obscenities. I called the police and when they arrived, Ms. Mason (the children's mother) admitted that she encouraged the children to graffiti the wall because she felt that it was their wall and they could do anything they wanted to it. l3. For the third time I re-stuccoed the wall, spending a whole Saturday on the job to completely cover up the graffiti left by Mc Hetrera's children. The wall was then graffitied again. Mr. Herrera came over while [was doing yardwork in the front yard. He told me he had grafittied the wall and would do it again, and stated, "it is [his] wall and [he] could do anything he wanted with it." At this point I decided to let some time pass before [felt it was safe to slowly paint over the graffiti, one small section at a time. I was afraid that if I tried to repair too much of the damage, that he would again graffiti my wall. /// -3- 11271-0172\1016456v5.doc z = o ° =a W ~ l7 < z O H .< -~ <n 5 o~ vo ~~ =~ t 2 3 4 5 G 7 8 9 10 ll 12 l3 l4 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 14. Part of the wall Mr. Herrera built effectively Cenccd me off from my utilities so they are not accessible for reading or maintenance. There was no practical or engineering reason for Mc [-[eRera to wall-off my utility meters. l5. This past year my roof required work to replace the tarpaper underneath the tiles. Again, to avoid a confrontation I informed Mr. Herrera that there would be workers on my roof, and he told me he had no problem with the work. But as soon as [he roofers began the job, I saw Mr. Herrera harass the roofers and tell them they were trespassing (even though they never entered his property). Mr. Herrera threatened to call the police, and he did in fact call the police on September 16, 2006. After the police arrived, Mr. Herrera shouted insults and obscenities at me, and the roofers walked off thejob. The roofers were so intimidated by Mc Eierrera's harassment thaC they requested police presence if they were to come back to work on my roof. Ultimately, however, this encounter resulted in the necessity to hire new roofers and caused a significant delay before I was able to have the work completed. I declare under penalty of perjury under the laws of the State of California that [he foregoing is true and correct. Executed this a~~ day of February, 2008. P244 -4- i P245 PROOF OF SERVICE I, Maurine Lopes, declare: z = o x ~ a w g L7 < -~ z ° 0 ~ ` _3 a x v o ~ a iu -~Y~ 9 10 12 13 l4 l~ l6 17 lc4 19 20 21 22 23 24 25 26 27 28 I am a resident of the State oC Califomia and over the age of eighteen years, and not a party to the within action; my business address is Richards, Watson & Gershon, 35~ South Grand, 40th Floor, Los Angeles, California. On July 16, 2008, I served the within documents: EXHIBITS SUPPORTING CITY'S NUISANCE ABATEMENT HEARING BRIEF FOR ADDRESSES 6416 AND 6422 EAGLE PEAK PLACE [ ] by causing facsimile transmission of the document(s) listed above from (213) 626-8484 to the person(s) and facsimile number(s) set forth below on this date before 5:00 P.M. This transmission was reported as complete and without error. A copy of the transmission report(s), which was properly issued by the transmitting facsimile machine, is attached. Service by facsimile has been made pursuant to a prior written agreement between the parties. [ ] by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Los Angeles, California, addressed as set forth below. I am readily familiar with the firm's practice for collection and processing correspondence Cor mailing with the United States Postal Service. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing contained in this affidavit. [ X ] by placing the document(s) listed above in a sealed envelope and affixing a pre- paid air bill, and causing the envelope to be delivered to a agent for delivery, or deposited in a box or other facility regularly maintained by , in an envelope or package designated by the express service carrier, with delivery fees paid or provided for, addressed to the person(s) at the address(es) set forth below. [ ] by personally delivering the document(s) listed above to the person(s) at the address(es) set forth below. [ ] by causing personal deliverv by First Legal Support Services, 111 West Beverly Boulevard, Los Angeles, California 90026 of the document(s) listed above to the person(s) at the address(es) set forth below. See Attached Service List I declare under penalty of perjury under the laws oC the State of California that the above is true and correct. Executed on July 16, 2008. PES z o O x a w g ~ < z 0 a 3 O `< Q _ "_ vo ~ a ~r .!'! 1 3 4 5 6 7 8 9 10 11 12 13 14 I~ 16 17 18 19 20 21 22 23 24 25 26 27 28 Glenn Gottlieb 7482 Denrock Avenue Los Angeles, CA 90045 Stephen Bernard Bernard & Bernard 10990 Wilshire Blvd., Suite 1175 Los Angeles, CA 90024 SERVICE L[ST i P247 l 2 3 4 5 6 7 8 9 l0 z g 11 ~ o w 12 ~ a z l3 0 Q °< 14 _~ o 15 = 16 vo ~ 17 ~Y .y, 18 19 20 21 22 23 24 2~ 26 I 27 ~ 28 RICHARDS, WATSON & GERSHON A Professional Corporation PATRICK K. BOBKO (20876) 35~ South Grand Avenue, 40th Floor Los Angeles, GA 90071-3101 Telephone: (213) 626-8484 Facsunile:(2l3) 626-0078 Attorneys for Plaintiff, CITY OF RANCHO CUCAMONGA CITY OF RANCHO CUCAMONGA NUISANCE PROCEEDING In the Matter of JENNIFER D4ASON SUPPLEMENTAL EXH[BITS SUPPORTING C[TY'S NUISANCE ABATEMENT HEARING BRIEF FOR ADDRESSES 6416 .4ND 6422 EAGLE PEAK PLACE Hearing Date: August 27, 2006 Time: 10:00 a.m. Rancho Cucamonga City Hall Before: Glenn Gottlieb, Esq. SUPPLF.MEA'TAL Eshibris Supporting Gtp's Nuisance Abatement Brief I I23I-01 %2~IOS0'Oh I.doc P248 I 2 3 4 5 6 7 s 9 10 zo s 11 _~ "' G 12 w 13 Z °- O ~ ~ 14 z < 15 L ~ Q 16 x `J ~ 17 ~ a ~~ is 19 20 21 22 23 24 25 2G 27 28 Exhibit Description "U" Reporter's Transcript of Oral Proceedings (July 7, 2008) People v. Carlos M. Herrera DATED: August 21, 2008 RICHARDS, WATSON & GERSHON A Professional Corporation PATRICK K. BOBKO KENNET J~,P /O/OnnL,^E PATRICK K. BOBKO Attorneys for Plaintiff CITY OF RANCHO CUCAA~IONGA -~- SUPPLPMENT.4/_ Exhibits Supporting Crt}''s Nuisance Abatement Brief 11231-0172V108U702v1 doc P249 EXHIBIT U P250 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO DEPARTMENT 3 HON. MARY E. FULLER, JUDGE THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff, VS. CARLOS M. HERRERA, Defendant. Super'~i~Connr Court CaSEi I"-5AN faEHNARDIN~O~Cp~ DISSfICI SUPERIOR COURT JUl 3 1 2008 9v_ ~~ Deputy REPORTER'S TRANSCRIPT OF ORAL PROCEEDINGS July 7, 2008 APPEARANCES: For the Plaintiff: OFFICE OF THE DISTRICT ATTORNEY By: MICHAEL JONES Deputy District Attorney 8303 North Haven Avenue Fourth Floor Rancho Cucamonga, CA 91730 For the Defendant: LAVONNA HAYASHI Attorney at Law Reported By: GEORGIA BRACAMONTE Official Reporter C.S.R. NO. 7335 P251 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RANCHO CUCAMONGA, CALIFORNIA - MONDAY, JULY 7, 2008 MORNING SESSION DEPARTMENT 3 HON. MARY E. FULLER, JUDGE APPEARANCES: (The Defendant CARLOS M. HERRERA, with his Counsel, LAVONNA HAYASHI, Attorney at Law; MICHAEL JONES, Deputy District Attorney for San Bernardino County, representing the People of the State of California.) (Georgia Bracamonte, C.S.R., Official Reporter, C-7335.) THE COURT: All right. Carlos Manuel Herrera. MS. HAYASHI: Thank you, your Honor. I'm making a courtesy appearance for Mr. Bernard on behalf of Mr. Herrera who is present out of custody. I believe Mr. Jones is on his way down. I understand that there's a trial date currently set on this matter. THE COURT: There is, August 18th. MS. HAYASHI: And so I wasn't given any new dates, but I wasn't asked to vacate any of the days that are currently set. I assume that -- THE COURT: Here comes Mr. Jones. Why don't you hold off for just a moment. Mr. Jones, Ms. Hayashi is appearing for Mr. Bernard this morning. Has indicated that she wasn't P252 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 asked to change the trial dates. MR. JONES: Before we get into setting dates and confirming dates. There was an incident that occurred as the courtroom was clearing for the Marsden Motion that just occurred. I was a witness to it. But my victim in this case was threatened by the defendant. And because of that I want to address his status as being out of custody, of course, the bond issue as well. And that, of course, might effect or may or may not effect the dates that were set. So I don't know how the Court wants to -- THE COURT: An allegation of a threat to a victim is very serious. MS. HAYASHI: I'd like to respond. THE COURT: Well, we'll let -- Mr. Jones, have you talked with Ms. Hayashi? MR. JONES: This is the first time I've seen her all day. THE COURT: Then why don't you just have a seat in the front row, Mr. Herrera, and you're not to move. And Ms. Hayashi, Mr. Jones, go talk about what happened. (Brief pause.) THE COURT: Let's go back on the Herrera matter. A11 right. Mr. Herrera and Ms. Hayashi are present as is Mr. Jones. You've had an opportunity to speak and the allegation is extremely serious. Especially in light of the fact that the charges in this case are 245(a)(1) and 422. P253 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Mr. Jones. MR. JONES: I've had a brief opportunity to discuss what I witnessed and the facts as they were related to me by my victim to counsel who is, of course, not the attorney of record but is appearing as a courtesy to Mr. Bernard, I believe. The People think they're serious. My victim, of course, thinks they're vezy serious. And, of course, completely accurate. The case that's before the Court today stems out of the same sort of conduct that has been ongoing for close to a year at this point as this case has worked its way through the system. This is the first time I've been a witness to it, but my victim has recounted many, many incidents in court and while he is at his home of this defendant driving by squealing tires, same sort of conduct. But this is the first time I have been a witness to it. I don't know if the Court is interested, but I would certainly encourage the Court to make an inquiry of the victim at this point and that might aid in making a decision on what the Court's to do with this defendant today. THE COURT: Well, why don't you explain to the Court what your observations were. MR. JONES: All right. As the courtroom was clearing for the Marsden Motion that had just occurred, I walked out the second set of doors that lead directly into the hallway. At that point I had a chance to observe my victim against, just kind of around the corner to the left, P254 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I guess it would be on the north wall of the hallway. And then I looked across the hallway and observed the defendant, Mr. Herrera, seated on one of the benches. At that point I observed Mr. Herrera point at the victim. I observed his lips moving but because there were so many people in the hallway I couldn't hear what he was saying, but then he took his hands, I guess his hands, and motioned across his throat, his neck like cut, to suggest cutting of the throat. Again, his lips were moving. And then he pointed at the victim as he did -- shortly after he did that. Also, worth mentioning is the fact that while he was doing this Mr. Herrera appeared to be kind of trying to hide his actions. He had his left hand up and he was kind of hunched down a little bit and it appeared to me that he was trying to conceal what he was doing. Didn't work out in his favor because, of course, I observed it. Again, I wasn't in a position where I could hear the words that were spoken, but he clearly motioned across his neck in a cutting fashion and pointed to the victim in the case. Whereupon, the victim approached me very upset. Victim indicated that he was in a position to hear Mr. Herrera. And it was a threat against my victim, Mr. De La Cruz, his family, I think specifically it was "your wife and kids." THE COURT: A11 right. In addition to being new criminal conduct, Ms. Hayashi, this Court finds this extremely disturbing. It would be my intention to remand Mr. Herrera into custody and raise his bail. P255 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 s MS. HAYASHI: If I might, your Honor. I know that Mr. Jones is making an assumption based on gestures alone. And if I could have Mr. Herrera explain in his own words what was happening. He was sitting next to someone talking to them and that person -- THE COURT: Just a moment, Ms. Hayashi. MS. HAYASHI: -- can confirm -- THE COURT: Your suggestion of having Mr. Herrera make a statement, keep in mind he's in open court and anything he says would be, could be used against him in any prosecution that takes place on this matter. MR. JONES: One more thing. I'm sorry to interrupt counsel. One other thing also worth mentioning is after I observed this and my victim approached me and revealed what he just observed, I said to my victim, "I saw it. I saw it. I didn't hear him, but I saw it." The defendant spoke to me and said, "You didn't see anything. You didn't see anything." And I said, "I saw it." And I paused for a moment. And then I observed the defendant begin to somewhat frantically look around for an eyewitness and say, "You didn't see that. You didn't see that. You didn't see that." And then I walked away. So I would, you know, I'd like the Court to take that into consideration before they entertain any eyewitnesses that Mr. Herrera is attempting to produce. THE COURT: All right. Ms. Hayashi, I'll give you P256 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the same courtesy that I gave Mr. Jones. You can indicate anything to me that you wish to. MS. HAYASHI: Thank you, your Honor. I appreciate that. I don't have the advantage of having been there to see what he saw. So the only other person that can inform the Court as to the exact nature of what happened is Mr. Herrera himself. And there was another person that you were sitting next to on the bench. And can you tell me what you were doing on the bench and who you were talking to when this incident that Mr. Jones said just occurred. THE COURT: Again, Ms. Hayashi, I think that it's not in your client's best interest to make a statement on the record because he is in open court and it can be used against him. Even if you believe that it's going to in some way exonerate him. He can still say something or do something that can be used against him. I mean, I have no -- if you want to represent to me what he's told you, I have no problem -- MS. HAYASHI: All right. THE COURT: -- having you do that. But it doesn't -- again, I will listen, but I am concerned about Mr. Herrera's Constitutional rights since you're not his attorney of record. MS. HAYASHI: I understand. And he did tell me that he was talking to the person sitting on the bench next to him. And he was P257 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 explaining to that person that -- THE DEFENDANT: I'd like to speak. MS. HAYASHI: No, she's not going to let you speak. You need to tell me so I can tell her. (Discussion between client and counsel off the record.) MS. HAYASHI: So he was sitting on the bench, Mr. Santa Cruz [sic] came out, approached Mr. Herrera and said "you've got three strikes against you. You're going to go to prison, mother fucker." And then he went around the corner and then he proceeded to talk to the person next to him saying, "that's the guy that just said that to me." And he was looking around to see if there was anybody else that could, you know, explain, you know, what had just happened after what was spoken to him by the so-called victim. Looks like the victim's just trying to start something, trying to provoke, trying to begin -- so then Mr. Herrera explains that when the D.A. came out then the victim immediately left and went over to Mr. Jones and that's when he said, "see what he's starting? See what he's starting again?" THE COURT: All right. I've listened to what both counsel have to say. I take the threat extremely seriously. I am going to raise bail in this matter. I am going to set bail in the amount of $500,000. I am going to put P258 s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 conditions on that bail. If you post that bail, Mr. Herrera, you are not to be in the vicinity of the victim's employment. You are not to be in the vicinity of his residence. You're to have no communication or contacts with the victim or any of his family members. And I will set this matter for further pretrial -- well, when is Mr. Bernard going to be available, Ms. Hayashi? MS. HAYASHI: Other than today he didn't provide any dates that he said would be bad dates for him. MR. JONES: This was kind of a mid-60 day pre-trial as I recall; is that correct? THE COURT: Let me just set it for further pretrial on July 18th then. MR. JONES: All right. Thank you. THE COURT: At 8:30 in the morning. MR. JONES: Thank you. All right. THE COURT: All right. You're taken into custody. Follow the directions of my officers. (Proceedings in the above-entitled matter were concluded.) 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 26 27 28 REPORTER'S CERTIFICATE STATE OF CALIFORNIA ) B8. COUNTY OF SAN BERNARDINO ) I, Georgia Bracamonte, Official Reporter of the Superior Court of the State of California, for the County of San Bernardino, do hereby certify that to the best of my ability, the foregoing pages, 1 through 8, comprise a full, true, and correct computer-aided transcription of the proceedings held in the above-entitled matter on Suly 7, 2008. Dated this 24th day of July, 2008 CSR Georgia Bracamonte, C-7335 P259 P260 PROOF OF SERVICE I, Audrey Powell, declare: I am a resident of the state of Califomia and over the age of eighteen years and not a party to the within action. My business address is 355 South Grand Avenue, 40th Floor, Los Angeles, California 9007 1-3 1 0 1. On August 21, 2008, I served the within document(s) described as: Supplemental Exhibits Supporting City's Nuisance Abatement Hearing Brief for Addresses 6416 and 6422 Eagle Peak Place o x w g L7 z 0 rN-- v1 a o < ¢w _~ V o Q' a ~r ='!'! 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27' 28 on the interested parties in this action as stated below: Stephen Bemard Bernard & Bernard Glenn Gottlieb 10990 Wilshire Blvd., Ste. 1175 7482 Denrock Avenue Los Angeles, Califomia 90024 Los Angeles, California 9004 ^X (BY OVERNIGHT DELIVERY) By placing the document(s) listed above in a sealed envelope and affixing apre-paid air bill, and causing the envelope to be delivered to a FedEx agent for delivery, or deposited in a FedEx box or other facility regularly maintained by FedEx, in an envelope or package designated by the express service carrier, with delivery fees paid or provided for, addressed to the person(s) at the address(es) set forth above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on August 21, 2008, at Los Angeles, Califomia. Audrey Powell (Type or print name) 11231-0172\10807)Od i P261 o x v, LL, ~ < z 0 ¢a ~a ~ < o ~< ¢W _~ vo tr a CITY OF RANCHO CUCAI\'fONG.4 NUISANCE PROCEEDING t 3 4 6 7 s 10 ~ [n the Matter of JENNIFER MASON If I2 13 l4 l~ ADMINISTRATIVE ABATEMENT ORDER 6416 AND 6422 EAGLE PEAK PLACE -. ~~ _.Y~ l6 A Nuisance Abatement Hearing authorized by the Chief of Police of the City of 17 Rancho Cucamonga occurred at 10:00 a.m. on July 23, 2008, at the Rancho Cucamonga l8 City Hall before Hearing Officer Glenn L. Gottlieb. The City appeared through its 19 Counsel, Richards, Watson & Gershon by Patrick K. Bobko and Kenneth J. Poole. 20 Jennifer Mason appeared through her Counsel, Bernard & Bernard, by Stephen Bernard. 21 After considering the declarations, documentary evidence, and briefs submitted by 22 the parties, and after hearing the argument of counsel, and being fully advised in the 23 premises, the Hearing Officer finds as follows: 24 25 (l .) Persons living at 6414 and/or 6422 Eagle Peak Place, and 11442 Mount 26 Baxtet- Street, specifically Jennifer Mason, Carlos Herrera, Joseph Herrera, their families, 27 and associates have engaged in `'criminal activities" as defined by RCMC section zs [Proposed] Administrative Order II2J 1-0172\1070CJOv2.doc P262 I ~j 9.19.020.A against people in the neighborhood These criminal activities have included 2 .~ assault with a deadly weapon, intimidation of witnesses, vandalism, and threats to 3 ~ commit crimes resulting in death or great bodily injury, and carrying a concealed firearm. 4 ~ (2.) Jennifer Mason has maintained a public nuisance at 6416 and/or 6422 6 Eagle Peak Place and (1442 Mount Baxter Street by providing a building to Carlos 7 Herrera, Joseph Herrera and their associates from which they intimidated, harassed, 8 threatened, and attacked people in the neighborhood. 9 10 Based on the above findings, the Hearing Officer Orders that Jennifer Mason, oz o 1 I Carlos Herrera, Joseph Hen-era, and their associates, children and family, and anyone =a w o 12 visiting or renting these properties to refrain from: o l3 a. Intimidation: Including confronting, intimidating, annoying, harassing, `_^ ~ l4 threatening, challenging, provoking, assaulting, or battering any person in the a ~ a 13 neighborhood; o -< a l6 b. Possessing guns or dangerous weapons: Including possessing any gun, _~ 17 ammunition, or illegal weapon anywhere in public view or in any place accessible to the ~~ _.r~ 18 public; l9 c. Vandalizing: Including damaging, defacing, or marking any public 20 property or the private property of another, in the neighborhood or elsewhere; 2l d. Trespassing: Including being present on or in any property, or running 22 through any property not open to the genera( public, except (i) with the prioc written 23 consent of the owner, or person in lawful possession of the property, or (ii) in the 24 presence of and with the voluntary consent of the owner, owner's agent, or the person in 25 lawful possession of the property; 26 e. Blocking Access: Including impeding or blocking free passage of any 27 vehicle or any person on any street, walkway, sidewalk, driveway, alleyway, building 28 entrance or other area of public access. -~- [Proposed] Administrative Order 11231-0172\1070630v2.doc i P263 l 2 3 4 5 6 7 8 9 10 zo 0 11 III, x ~ 12 ~u ~ l3 z 0 ~^ 0 14 -3 l5 ~, a o Q l6 x `-' 17 ~ < 'v 18 19 20 2l 22 23 24 25 26 27 28 E Notification: Carlos [ietYera notifies the San Bernardino County Sheriff's Department and the Office of the City Attorney at (east 5 days prior to any ~~isit to the City of Rancho Cucamonga, for any reason, including court appearances. Dated: Glenn L. Gottlieb -3- (Proposed] Administrative Order 1123 LO172\1070630v2.doc i P264 PROOF OF SERVICE I, Maurine Lopes, declare: 4 I am a resident of the State of California and over the age of eighteen years, and not a party to the within action; my business address is Richards, Watson & Gershon, 3~5 South Grand, 40th Floor, Los Angeles, California. On July l6, 2008, [served the within documents: ADNIINISTR4TIVE ABATEA4ENT ORDER 6416 AND 6422 EAGLE PEAK [ ] by causing facsimile transmission of the document(s) listed above from (213) 626-8484 to the person(s) and facsimile number(s) set forth below on this date before 5:00 P.M. This transmission was reported as complete and without error. A copy of the transmission report(s), which was properly issued by the transmitting facsimile machine, is attached. Service by facsimile has been made pursuant to a prior written agreement between the parties. z o O x a w g z 0 ¢~ ~3 ,s n`< V o ~r ?'s'! 10 12 13 14 1~ 16 17 18 19 20 21 22 23 24 25 26 27 28 [ ] by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Los Angeles, California, addressed as set forth below. I am readily familiar with Che firm's practice for collection and processing correspondence for mailing with the United States Postal Service. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing contained in this affidavit. [ X ] by placing the document(s) listed above in a sealed envelope and affixing a pre- paid air bill, and causing the envelope to be delivered to a agent for delivery, or deposited in a box or other facility regularly maintained by , in an envelope or package designated by the express service carrier, with delivery fees paid or provided for, addressed to the person(s) at the address(es) set forth below. [ ] by personally delivering the document(s) listed above to the person(s) at the address(es) set forth below. [ ] by causing personal delivery by First Legal Support Services, 1511 Wesl Beverly Boulevard, Los Angeles, Califomia 90026 of the document(s) listed above to the person(s) at the address(es) set forth below. See Attached Service List I declare under penalty of perjury under the laws of the State of Califomia that the above is true and correct. Executed on July 16, 2008. M UR S 1 3 4 5 6 7 8 9 10 z o 11 o~ _~ ~ ~ 12 w g ~ 13 z ° 0 ~ 0 14 a ~- 3 15 ~, s 1G x `J 17 ~ < '~ 18 =!'i 19 20 21 22 23 24 25 26 27 Glenn Gottlieb 7482 Denrock Avenue Los Angeles, CA 90045 Stephen Bemard Bemard & Bemard 10990 Wilshire Blvd., Suite 1175 Los Angeles, CA 90024 SERVICE L[ST 28 P266 ATTACHMENT C OCTOBER 14, 2008 NUISANCE ABATEMENT HEARING TRANSCRIPT P267 Nuisance Abatement Hearing CITY OF RANCHO CUCAMONGA NUISANCE PROCEEDING --000-- IN THE MATTER OF JENNIFER MASON ) NUISANCE ABATEMENT HEARING RANCHO CUCAMONGA, CALIFORNIA TUESDAY, OCTOBER 14, 2008 10:28 A.M. REPORTED BY: Amy P. Smith, CSR 12154 Dianne Tones & Associates certified pRIGINAL shorthand reporters PO Box 1736 Pacific Palisades CA 90272 tel: 310.472.9882 fax: 310.454.0942 DIANNE JONES 6 ASSOCIATES, APC 310.472.9882 P268 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 Nuisance Abatement Hearing, taken on behalf of The City of Rancho Cucamonga at 10500 Civic Center Drive, Rancho Cucamonga, California, beginning at 10:28 a.m. on Tuesday, October 19, 2008, before Amy P. Smith, CSR No. 12154. APPEARANCES THE HEARING OFFICER: GLENN M. GOTTLIEB MEDIATOR-ATTORNEY 7482 Denrock Avenue Los Angeles, California 90045-1022 310-695-8824 gmgottlieb@att.net glenn@glenngottlieb.com FOR THE CITY OF RANCHO CUCAMONGA: RICHARDS WATSON GERSHON BY: PATRICK K. BOBKO, ESQ. 355 South Grand Avenue 40th Floor Los Angeles, California 990071-3101 213-626-8984 pbobko@rwglaw.com FOR JENNIFER MASON: BERNARD MARRACHE LLP BY: STEPHEN BERNARD, ESQ. 10990 Wilshire Boulevard Suite 1175 Los Angeles, California 90024 310-312-0220 e:sb@bblaw.org 2 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P269 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 l0 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 APPEARANCES (Continued) ALSO PRESENT: CITY MANAGER'S OFFICE BY: FABIAN A. VILLENAS PRINCIPAL MANAGEMENT ANALYST 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 91730 909-477-2700 ONTARIO COURT REPORTING BY: JANETT JIMENEZ, CSR #13215 951-544-9971 SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT SERGEANT JEFF NOTARO 3 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P270 Nuisance Abatement Hearing __ 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I N D E X PATRICIA DICKINSON Examination by Mr. Bobko ................. Examination by Mr. Bernard ............... Further Examination by Mr. Bobko......... PAGE 16 30 50 ROBERT SANTA CRUZ PAGE Examination by Mr. Bobko ................. 53 Examination by Mr. Bernard ............... 76 SHERRIE C. HUNTER PAGE Examination by Mr. Bernard ............... 99 Examination by Mr. Bobko ................. 110 MARK BARBER PAGE Examination by Mr. Bernard ............... 127 Examination by Mr. Bobko ................. 128 KAYSIE SMITH PAGE Examination by Mr. Bobko ................. 135 Examination by Mr. Bernard ............... 196 4 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P271 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I N D E X (Continued) JOSEPH HERRERA PAGE Examination by Mr. Bernard.......... 153 Examination by Mr. Bobko............ 170 KRISTINA HERRERA PAGE Examination by Mr. Bernard.......... 182 Examination by Mr. Bobko............ 190 JENNIFER MASON PAGE Examination by Mr. Bernard.......... 197 Examination by Mr. Bobko............ 219 51 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P272 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 1B 19 20 21 22 23 24 25 E X H I B I T S PAGE 1 - Request for Orders to Stop Harassment...... 78 2 - Police Report, Case No. 110611389.......... 81 3 - Police Report, Case No. 110509168.......... 83 4 - Declaration of Karen Pusateri .............. 150 5 - Declaration of Leticia Galindo ............. 150 6 - Declaration of Lizette Galindo ............. 150 7 - Police Report, Case No. 110510546.......... 196 8 - Letter from Raquel Salazar ................. 235 61 DIANNE JONES fi ASSOCIATES, APC 310.972.9882 P273 Nuisance Abatement Hearing -~ 1 I 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 TUESDAY, OCTOBER 14, 2008, RANCHO CUCAMONGA, CALIFORNIA 10:28 A.M. --000-- MR. BERNARD: Okay. So here's my concern, and that is that Jennifer Mason is the common-law wife of 'Carlos Herrera. They've been together for almost 20 ,years, and they have three children. Jennifer Mason owns and holds title as a single woman to three properties, which are the subject properties that are involved in this neighborhood dispute -- this ongoing dispute. There is 6422 Eagle Peak Place. They have a tenant by the name of Courtney Hunter. They have a 6416 Eagle Peak Place address, and they have a 11992 Baxter Court. A11 three of these properties were purchased in -- I'm sorry. The first two were purchased in '99, and the third, the Baxter Court, was purchased in 2003. And all of these properties have tenants. My clients moved over 400 miles away to Utah about August of last year after the incidents occurred where Carlos was arrested. So they not only do not live in the area, they don't live in the state. The 7 i DIANNE JONES & ASSOCIATES, APC 310.472.9882 P274 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 three tenants -- (Interruption in the proceedings.) (Recess taken.) MR. BERNARD: The three tenants pay their rent by depositing their rental checks each month at the bank account of Jennifer Mason, which is Union Bank. There occasionally is a repair that needs to be done, and they have a handyman. Carlos used to do those repairs, but since his arrest in August of '07, there's somebody else available to do those repairs. The point being that he has no reason, that i is, Carlos, has no reason to be in this neighborhood or even the city, nor does he have any reason to do any work in the neighborhood and/or the city. He has his own business in St. George, Utah, and doesn't come here except for court. There has been no issue of a violation of a stay-away order. The only contact that my client has with Mr. Santa Cruz has been in court, and Mr. Santa Cruz has been vehement about attending each and every session, and I have seen him there, and I'll discuss my view of -- of what's going on in a closing argument. I But for purposes of this abatement of this nuisance, it doesn't appear that my client and/or his 8 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P275 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 wife can do anything further than they've already done. They've moved from the area. They can't sell their properties at the present time because they would be negative, and they would suffer extreme financial hardship. These properties have decreased in value, as everybody, I'm sure, at this table is aware of, of at least 30 to 35 percent. In fact, they're negative on two of the three mortgages because of property taxes and the depreciation value of the properties and the increase in interest. So having said that, I'm requesting that this hearing be terminated in that it doesn't appear that this tribunal has any authority to do anything other than what's already been done. They can't order my client to leave, because he's left. They can't order my client to sell properties. I think that would be a violation of due process. They can order him to stay away, which he's done. So there's nothing further that he can do. I~~ There's no ongoing nuisance. The only contact he has -- my client has is that he has to appear in court. He's ordered to do so, 91 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P276 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 and that's the only reason he appears here. So for all those reasons, I don't see that this tribunal has any authority to take any other action that's constitutional other than the action that's already been taken by my client. THE HEARING OFFICER: I just want to clarify one thing for the record. You've talked about your client several times as "he," and I presume you're referring to Mr. Herrera. And this nuisance abatement hearing is really against Ms. Mason, who's the owner of the properties. Is that right -- MR. BERNARD: That's correct. THE HEARING OFFICER: -- as I understand it? MR. BERNARD: Thank you. And let me say this: My client, Jennifer Mason, has not been in Rancho other than for this hearing today. I think she was here one other time. She had a doctor's appointment in the last 14 months. She's not here. She's made her residence in St. George. Her parents live in St. George. Her family lives in St. George, and she intends to stay there. THE HEARING OFFICER: So I'm understanding 10 DIANNE JONES 6 ASSOCIATES, APC 310.972.9682 P277 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 correctly, you're saying she's an absentee owner, but she's -- you're not disputing that she's still the owner of the properties? MR. BERNARD: She is the owner of those three properties. THE HEARING OFFICER: Fair enough. MR. BERNARD: And -- and by the way., if the -- if we weren't in the recession, Z'll be so deliberate as to say that, she would have put the properties on the market, because I advised her to do so, and then we found out, when we researched it, that there would be a substantial loss. In fact, these would be short sales, at best. And I believe that it would be a violation of due process to order somebody to sell their properties that they didn't live at, visit with, or enter onto due to the current economic circumstances. So I don't know that this tribunal has any authority to take any action. They may make a finding that Jennifer's husband may have been a participant in a nuisance for some time in the neighborhood, but he doesn't live there, nor does she. So what can come out of this? THE HEARING OFFICER: Anything further? MR. BERNARD: No. 11 DI ANNE JONES & ASSOCIATES, APC 310.472.9882 P278 Nuisance Abatement Hearing -, 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 THE HEARING OFFICER: Thank you very much. MR. BOBKO: And I will make a brief opening The proceeding that we're here for today has been sanctioned by the chief of police according to the Rancho Cucamonga City Municipal Code. And he has reviewed evidence and determined that there is, in fact, a need for this hearing today. And the hearing that we're here for is a nuisance abatement hearing regarding certain properties owned by Ms. Mason. Now, Mr. Herrera is someone who lives in those houses -- who has lived in those houses, but Mr. Herrera isn't the sole person to whom -- for whom the problems -- or because of whom the problems emanate. There's also his brother, Joseph Herrera, who's been a problem. There are people who frequent the homes who are friends with the Herreras. There are the Herreras' children who are also part of the problem. In essence, the homes are the hives from which this criminal activity, which has negatively impacted the rest of the neighbors, emanates, and that's the evil that this proceeding is aimed at. 12 ', DIANNE JONES & ASSOCIATES, APC 310.472.9882 P279 Nuisance Abatement Hearing -, 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 Now, today you're going to hear testimony from three witnesses. You're going to hear from Patty Dickinson, who is the resident and the homeowner at 1147 Mount Ritter Street, on the bottom of the page. You're going to hear testimony from Robert Santa Cruz who lives on Mount Palomar Street, which is at 11436 Mount Palomar. And they are going to relay incidents where they have been assaulted. They've been intimidated. They have had property vandalized. They had threats from Mr. Herrera and his associates, and they're going to tell you about concealed firearms as well. Now, all six of the things -- all five of the things that I just mentioned are actually enumerated in the Penal Code as being criminal activities to which this type of ordinance is directed. Now, let's not be fooled when Mr. Herrera walks into this room in a suit and his children come in well-dressed. They know the game. And, in fact, you're going to hear testimony about how well they play the game, and the game being .threatening and intimidating neighbors. That's the evil that this proceeding is aimed at quashing. Now, my colleague says that they don't live 13 DIANNE JONES 5 ASSOCIATES, APC 310.972.9882 P280 Nuisance Abatement Hearing 1 2 3 4 5 6 7 6 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 in the state any longer, and that may be true. However, that hasn't stopped these things from ~ occurring. And, in fact, when Mr. Herrera comes back into town, these activities spike because he's driving around the neighborhood or his associates are driving around the neighborhood threatening witnesses, telling people not to show up to court. You're going to hear all this testimony today. So, in essence, what we're asking this hearing for is not to sell property, is not to deprive anyone of a right. We're simply asking for an administrative order, much like a gang injunction, that is aimed at all of these activities that emanate from Ms. Mason's properties. Two final notes. The first one is that -- that Ms. Mason is an absentee owner does not alleviate -- is not absolved of her obligation to control what happens on her property. No more than an absentee landlord would be responsible if he allowed a drug den to occur on his property. Now, of course, I'm not suggesting that Ms. Mason has allowed this, but she certainly has a responsibility for what occurs on her property legally. My second point is that, unlike a criminal 14 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P281 Nuisance Abatement Hearing - 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 proceeding, the standard to which the City must prove its case today is by a preponderance of the evidence. And a preponderance of the evidence is simply more likely than not. It is not beyond a shadow of a doubt. So when we start talking and you hear people -- witnesses come forward and give testimony, the question that needs to be asked is not whether this erases all doubt as to that event, but the question is whether, given all of the facts and circumstances, this proves, by a preponderance, that these things have occurred. Finally, some of the people who we would like to have testify today are either unable or unwilling to come forward, and we submit that the declarations and the other documentary evidence, according to the Municipal Code, is perfectly admissible here. Of course, my colleague will have an opportunity to comment on these things if he'd like, but there should be no -- there should be no question that those things are certainly within the scope of admissible evidence for the purpose of this -- this hearing. MR. VILLENAS: Just if I may, there's another 15 DIANNE JONES & ASSOCIATES, APC 310.472.9862 P282 Nuisance Abatement Hearing 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 court reporter out there. MR. BOBKO: Let's go off the record. (Recess taken.) MR. BERNARD: I'd like to just comment on something you said in your point number one. You're asking for the abatement of certain conduct? MR. BOBKO: That's correct. MR. BERNARD: We may be able to stipulate or agree to some of this if you can tell me specifically what you're asking for. MR. BOBKO: Let's go off the record. (Recess taken.) PATRICIA DICKINSON, called as a witness, having duly stated under penalty of perjury, was examined and testified as follows: EXAMINATION BY MR. BOBKO: Q. Good morning. Sorry to keep you waiting. A. That's all right. Q. Ms. Dickinson, can you give us your full 16 DIANNE JONES 6 ASSOCIATES, APC 310.972.9882 P283 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1B 19 20 21 22 23 29 25 name, please. A. Patricia Dickinson. Q. And can you tell us where you live? A. I live at 11907 Mount Ritter Street. Right here (indicating). Q. Okay. And how long have you lived at that location? A. 22 years. Q. 22 years. Does anyone live with you there? A. Oh, my family lives with me, my son and my grandson. Q. And how old is your son? A. My son is 32. Q. And your grand son? A. He's 13. Q. Okay. What do you do for work? A. I work for the railroad. Q. And does that job -- what does that job entail? A. I travel with the train. I'm a porter. Q. And are you -- when you travel, are you gone for more than -- consecut ive days, or are you - - A. Yes. Q. -- only gone o ne day at a time? 17 I DIANNE JONES b ASSOCIATES, APC 310.972.9882 P284 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. I'm gone executive (sic) -- for long periods of time, anywhere from nine days, six days, four days. MR. BERNARD: Are there any women porters? THE WITNESS: Yes. MR. BOBKO: You're looking at one. MR. BERNARD: Other than yourself? THE WITNESS: I'm a breakthrough. MR. BERNARD: Really. 4- (BY MR- BOBKO) And who keeps an eye on your grandson when you're gone? A. I hired a baby-sitter for many years, and now his mother is staying with us. Q. Okay. Do you know who lives at 6916 Eagle Peak Place? A. At this moment a Joseph Herrera, I think his last name is. Q. Okay. Did you know the people who lived there before Joseph? A. Yes. 4• And who were they? A. Carlos and his wife and three children. Q• Okay. And did you know who lived there before Carlos lived -- A. Yes, Robert Pyle and his daughter. Q. Have you ever had any interactions with 18 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P285 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 Carlos Herrera? A. Yes, I have. Q. And what was the -- what was the last time you had an interaction with Carlos? A. The last time, name-calling. Q. And how long ago was that? A. Last year. Q. Okay. Have you had any interaction with Mr. Joseph Herrera? A. Yes, I have. Q. And when was the last time you had interaction with him? A. A few months ago -- about a month and a half ~ ago. Q. Have you had any interaction with Mr. Herrera -- Carlos Herrera's children? A. Not personally, but I've witnessed problems with Carlos's children. Q. What have you witnessed? A. Well, I witnessed them graffiti'ing on Karen's wall. Karen lives right here (indicating). It was ~a wall right here (indicating). Q. And can you tell me what they were doing? A. They were painting on the wall -- on Karen's 19 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P286 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 side of the wall. Q. And how old were the kids when that was going on, if you recall? A. Oh, they were probably 13, 10. In that -- I'm not sure. Q. Okay. So, in other words, a few years ago? A. Yes. Q. Going back to your interaction with Carlos Herrera, do you have any particular incidents or interaction with him that sticks out in your mind right now? A. Yes, many, but the most serious to me was I was going to a party, a neighborhood party. Q. which -- if you would like to show us, that might be helpful. A. I was right in front of my house. I pulled up with a friend, and I was getting out of the car, and I was going to a party right here (indicating) at ,Karen's house. It was a kitchen party, but, anyway, as I was crossing the street -- MR. BERNARD: I'm sorry. Could you just -- THE WITNESS: Oh, I'm sorry. MR. BERNARD: Thanks. Thanks. , THE WITNESS: Carlos was in his car with the engine going, and as I stepped out, he drove his truck 20 I DIANNE JONES & ASSOCIATES, APC 310.472.9882 P287 Nuisance Abatement Hearing 1 2 3 4 5 6 7 B 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 and stopped, missing me just a couple inches. I was horrified, and he laughed, put his car back like "uuurrr" and took off. And that was horrifying. I called the police that evening. MR. BERNARD: When was -- what year was this? THE WITNESS: Oh, I don't know what year it was, five years ago maybe. Q. (BY MR. BOBKO) Do you have any other incidents that you remember with Carlos? Anything else that sticks out in your mind? A. Yes. He was crossing the street from this ~ house (indicating). It was in his -- the garage of the rental house -- MR. BERNARD: Again -- MR. BOBKO: I'm sorry. THE WITNESS: 6960- or 6422. Q. (BY MR. BOBKO) And what happened? A. And when he was going -- I was outside picking up leaves, and I looked up at him, and he went like this to me (indicating), and he had a gun. Q. How -- how do you know it was a gun? A. I know what a gun looks like. Q. Have you ever held a gun? A. Yes, I have. 21 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P288 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 Q. Have you seen a gun before? A. Yes, I have. Q. And how far away from -- would you -- from him were you when you saw the gun? A. I was here (indicating), and he was here (indicating). MR. BERNARD: Again -- I'm sorry. THE WITNESS: I don't know. MR. BERNARD: Can you -- you did something I didn't see. THE WITNESS: I was here (indicating). MR. BERNARD: In front of 11407? THE WITNESS: Yes, and he was coming out of the driveway onto the street -- MR. BERNARD: 6422. THE WITNESS: -- to the street at 6422. Q. (BY MR. BOBKO) Okay. So you're certain it was a gun? A. Positive, no hesitation. ~~ Q. Why do you think he showed you the gun? A. To intimidate me. Q. Did you call the sheriff's department when any of these things happened? A. I did when he tried to run me over. Q. Okay. And what did they do? 22 I DIANNE JONES & ASSOCIATES, APC 310.972.9882 - P289 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. They didn't respond. Q. How many times did you call the sheriff about these incidents? MR. BERNARD: Well, I'm going to make an objection because it's vague as to time. I -- we have two separate incidents. MR. BOBKO: Okay. MR. BERNARD: And I don't know whether they occurred at the same time. I understand that one occurred approximately five years ago, the car issue. THE WITNESS: Uh-huh. MR. BERNARD: Is that -- MR. BOBKO: Sure. Q. (BY MR. BOBKO) When did the gun incident occur? A. About a year and a half, two years ago. Q. Okay. When he brandished the gun, did you call the sheriff? A. No. Q. Okay. When he nearly ran you down, did you call the sheriff? A. Yes. Q. Have you made any other calls to the sheriff about Carlos Herrera? 23 I DIANNE JONES & ASSOCIATES, APC 310.472.9882 P290 Nuisance Abatement Hearinq 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Yes, I did. Q. Okay. A. I had an incident with my grandson was with some other children down the street, and they broke some Christmas lights, my grandson did. And the people called the police, and they came to my house. Q. Why did they come to your house? A. Because my grandson was involved in it. Q. Okay. A. So I went down to apologize and take care of ~ it. Well, at the same time the police were at my house, the police came for Carlos's house, because he had a truck parked there for a long time in front of a neighbor's. Q. And when you say "Carlos's house," which house do you mean? A. He was -- the truck was in front of 6422, and the police went to 6416, where he lives. Q. Okay. And what happened next? A. And he -- I had seen Carlos go into his house just minutes before, and the police went over there, and he wouldn't respond to them. Q. How do you know he wouldn't respond? 24 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P291 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Because the police said he won't come out to the other police. There was two sets of police. And -- MR. BERNARD: I'm going to make an objection. Hearsay. THE WITNESS: Uh-huh. MR. BERNARD: Are you ruling on objections? I ~ mean -- THE HEARING OFFICER: Oh, sorry. MR. BERNARD: The witness said -- I assume she's telling us what one police officer said to another. That's double hearsay. THE HEARING OFFICER: Well, Z'm not particularly taking the relevance for the point that she's making. I'll let it go on, but I understand what you're -- what you're talking about. I appreciate it. THE WITNESS: Well, the next day when I woke up, my tires were slashed. Q. (BY MR. BOBKO) And what -- what -- I don't understand. How do you think Carlos was involved in that, if at a11? A. Because when the police went to his house, also coming to my house, which are two different 25 I DIANNE JONES & ASSOCIATES, APC 310.472.9882 P292 Nuisance Abatement Hearing 1 2 3 4 5 ' 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 29 25 incidents, I believe -- and this is my feeling -- that he felt I called the police on him, and it was retaliation. MR. BERNARD: Objection. Calls for speculation. THE HEARING OFFICER: I'm sorry. Did you have something? MR. BERNARD: That's fine. Q. (BY MR. BOBKO) What happened to your grandson? A. My grandson was out playing, and Carlos was following him with a car. Q. Well, hang on. That -- what I meant was with the Christmas lights. A. Oh -- Q. Did the police get him? A. The police talked to him, and he was punished. Q. Grandma got him? A. Grandma got him. Grandma really got him, and he also went down to volunteer work. Q. Okay. I'm sorry. You were going to tell me something else about your grandson and I interrupted you. A. Yeah. My grandson was out playing, and I was in Chicago at the time working. I had a 26 DIANNE JONES 6 ASSOCIATES, APC 310.472.9882 P293 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 baby-sitter, and my grandson called me that he was terrified that Carlos was following him with the truck, staring at him and circling the street, coming back, stopping the truck, staring at him, and he was i frightened. Q. Okay. MR. BERNARD: Can we get a year on this? MR. BOBKO: Sure. Q. (BY MR. BOBKO) Do you remember when this was? A. Oh, this was probably about a year and a half. It was around the same time as the gun incident. MR. BERNARD: So this is October 2008? THE WITNESS: I don't know the month, but Z know it was about a year and a half ago. THE HEARING OFFICER: Forgive me. If I could ask, about how old is your grandson in this time period? THE WITNESS: 12. THE HEARING OFFICER: Okay. So he's now about 13, 13 and a half? MR. BERNARD: He's 13 years. THE HEARING OFFICER: Okay. Thank you. Sorry, Kit. Q. (BY MR. BOBKO) Has -- has living close to the Herreras had any impact on the way you've raised 27 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P294 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 your grandson? A. Yes. I don't allow him to play very often in front of the house. I tell him he needs to get out of the neighborhood, not to talk to the -- any of -- Carlos or his family, to -- because I don't want him involved in any of what I've gone through. Q. Why isn't he here? A. Because my daughter doesn't want him involved in this. He's a child. MR. BERNARD: I don't blame her. Q. (BY MR. BOBKO) Why don't you just move away? A. I tried to move away. Q. What happened? A. Well, I had the house up for three months, and my real estate agent told me, he said, "This is becoming impossible," and I could get a statement of this, that Carlos is going by revving the engine anytime that anybody comes. He stares at them. He causes disruption and intimidates, so I took the house off the market. I was frightened. I was frightened even having a key box in front of my house. Q. why? A. Because I had a fear that he could get in 28 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P295 Nuisance Abatement Hearing 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with a real estate (sic), and I don't trust him. He's irrational with everything that he does. I never know what's -- who's the flavor of the month. Q. Okay. And I -- I asked you about Joseph Herrera. A. Uh-huh. Q. And you said you had some interaction with him I think you said about six months ago? A. Yes. Q. What was that? II A. Well, first my son came in and he said, "Who's that guy that's living at Carlos's house?" I said, "I think it's his brother." He said, "He just came out and accused me of harassing his wife or making passes." He said, "He" -- "one minute was saying I was harassing her. The next minute he asked me if I liked his wife, and he was posturing up to me and" -- MR. BERNARD: I'm just -- let me just make a blanket hearsay objection to all of this. THE WITNESS: Well -- MR. BERNARD: I'm just making objections. THE WITNESS: Okay. MR. BERNARD: You can continue. THE WITNESS: And he was picking a fight with my 29 I DIANNE JONES & ASSOCIATES, APC 310.472.9882 P296 Nuisance Abatement Hearinq 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 son. Q. (BY MR. BOBKO) Did your son fight with him? A. No. My son came in the house. My son said to him, "I don't even know who your wife is." Q. Okay. Is there anything else you'd like to add, Ms. Dickinson, before I let Mr. Bernard ask you some questions? A. Yes. I've lived there for 22 years. It was a peaceful neighborhood before the Herreras moved in. Our life has changed. You go outside. I've been spit at. I've been cursed at. It's -- it's been a life of -- excuse my language -- of hell. Q. Thank you. A. I could -- it's emotional. MR. BOBKO: Thank you.. Mr. Bernard, would you like to ask her any ~ questions? EXAMINATION BY MR. BERNARD: Q. What train do you work on? A. I work on Amtrak. Q. Okay. How long have you been doing that? 30 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P297 Nuisance Abatement Hearing 1 2 3 9 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 A. 15 years. Q. I used to take the Daylight. It used to be called the Daylight of the Pacific. A. Oh, it's Coast Starlight now. Q. Yeah. Yeah. Okay. when's the last time you saw Carlos Herrera? A. Saw him, a few months ago. Q. Where? A. On the turn -- Hillview Road, which is right here (indicating). Q. Okay. A. I was going up. He also owns a home up here on this street (indicating). Q. Okay. Did he say anything to you at that time? A. No. He just stared at me. Q. Okay. And the time before that, when's the last time you saw him? A. I saw him probably about a month before that, and he followed me in his automobile. Q. Where was that? A. On Hillview Loop going up. I -- I turned here (indicating). He came -- I turned here (indicating). He came out of this street and tailgated 31 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P298 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 me, followed me. Q. And the time before that? A. Oh, I don't know. There's been so many. Probably when he spit at me. Q. How long ago was that? A year and a half ago? A. No. Yeah. Maybe about a year and a half ago. Q. Okay. A. It was all during a period when I was the flavor of the month. Q. Okay. You're aware that there was an altercation between Mr. Herrera and Mr. Santa Cruz? A. Yes. Q. Did this -- these incidents occur before or after that fight that they had? A. Before and after. Q. Okay. This spit incident, was that before or after? A. Before. 4• Okay. What incidents occurred after that, other than you said he followed you when you were up on Hillview? A. Before, they -- what incidents? Q. The fight between Santa Cruz and -- 32 DIANNE JONES 6 ASSOCIATES, APC 310.472.9882 P299 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 A. The physical fight? Q. Yeah. A. What happened after that? Q. Yeah. I'm just asking you -- A. The following in the car -- Q. Okay. A. -- the -- the looks, harassing my grandson. Q. You said that was over a year and a half ago, though? A. Uh-huh. Hasn't it been about a year and a half si nce the problems with Robert? Q. A little over a year. A. Yeah. Q. Okay. You haven't seen my client in your -- on your street in over a year; have you? A. Yes, I have. Q. When? A. I've seen him a few months ago. Q. Carlos? A. Yes, Carlos. Q. Where? A. Driving. Q. Where? A. By my house. Q. On Mount Ritter? 33 DIANNE JONES 6 ASSOCIATES, APC 310.472.9882 P300 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 A. Yes. Q. Did he stop? A. No. Q. Did he say anything to you? A. No. Q. Okay. What about the time before that? Was there a time before that? A. There's so many times. I don't know, you know. Q. I'm just -- I'm just talking about -- A. You mean since his brother moved in and -- Q. Yeah. A. -- he's -- Q. Yeah. A. I've seen him a few times. Q. How many times? A. Maybe twice. Q. Okay. And that's twice in a little over a year? A. In front of -- in his house. I've seen him other places, but by my house twice. Q. Okay. And the incident concerning your -- what is your older son's name? A. Michael. Q. The incident concerning Michael where you 39 I DIANNE JONES & ASSOCIATES, APC 310.472.9862 P301 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 told us that Michael told you -- A. Uh-huh. 4• -- that -- that Joseph had accused him of doing something -- A. Uh-huh. 4• -- flirting with his wife, you weren't a witness to any of that; were you? A. No, I was not. Q. Okay. And other than that incident that you're relating that was told to you by Michael, have you had any conversations with Joseph Herrera? A. I haven't had a conversation, but I've had him stand in the middle of the street right here by his car (indicating) -- MR. BOBKO: Patty, if you could show again. Mr. Bernard can't see when you -- THE HEARING OFFICER: Let me move this. MR. BOBKO: That might be better. There you go. THE WITNESS: Okay. He was outside. There's a car parked in front of the house. He was on the other side, and he postured like this (demonstrating) and stared at me just like this (demonstrating) while I'm working in the yard -- MR. BOBKO: For the record -- 35 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P302 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 THE WITNESS: -- intimidation. MR. BOBKO: -- Ms. Dickinson had her hands on her hips staring forward. THE WITNESS: Yeah. Q. (BY MR. BERNARD) And did he say anything to I you? A. No. Q. And are there any other incidents that you recall that Carlos -- I'm sorry -- that Joseph said or did anything? A. No. Q. So that was that one incident? ~! A. No. That's happened several times. Q. Okay. Well, my question is -- I'm trying to understand what Joseph did that you witnessed that was of concern to you. And you've told us that one time he stood in the middle of the street and bent slightly and stared at you; correct? A. Yes. Q. Didn't say anything to you; correct? A. Correct. Q. Okay. And were you driving or walking or what were you doing? A. I was working in my yard. 36 I DI ANNE JONES & ASSOCIATES, APC 310.472.9882 P303 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 Q. Okay. And were there other occasions where that happened? A. Yes. 4. When? A. Maybe within the same week or three to four days. It went on for a few days. 4• So it was a few days of him staring at you? A. Uh-huh. But it wasn't just staring. It was staring, intimidating me. People don't go out in the street and posture up and stare at a woman and -- like that unless -- I felt is going to hurt me, or is he trying to intimidate me? 4. Did he make any gestures when he stared at ~ You' A. Well, I think a gesture like this (demonstrating) is -- on his hip, forward and posturing, yes. 4. Okay. A. I find it either sexually intimidating or physically intimidating. I've never had anybody ever do that to me, outside of the Herreras. Q. Okay. So you're saying that Joseph put one hand on each hip -- A. Uh-huh. 37 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P304 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4. -- and stared at you -- A. Bent forward. 4. -- and bent forward a couple times in a two- or three-day period? A. Yes. 4. Okay. And how long ago was this? A. This was a month ago maybe. 4. Okay. A. And neighbors witnessed it. 4. One second. And did he do anything other that that which you just described -- A. To me? 4• -- two or three days? Yes. A. No. 4. Have you ever had a conversation with him? A. No. 4. Has he ever said anything to you? A. No, not Joseph. 4. Right. We're talking about just Joseph. A. Uh-huh. But I did witness -- 4- One second. All right. Let me get back to Carlos for a 38 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P305 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 moment. A. Uh-huh. Q. You said that Carlos -- this is regarding a gun. You said Carlos was in front of 6416 or ~ 6412? A. 6422. Q. I'm sorry. A. Wait a second. Where are we? I'm sorry. 16922. Q. 6422? A. Yes. Q. And you were where? A. I was on -- right at the border here (indicating), because I was working right near the driveway of 11401 and 11407, which is my residence. Q. Okay. And about what time was this? A. Oh, probably about -- it was early, because I do my yard work. It was probably about 9:30, ten o'clock in the morning. Q. And how long ago? A. About a year and a half ago. Q. And you said that he -- A. Picked up his shirt. Q. Picked up his shirt? 39 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P306 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Uh-huh. Q. And you observed a gun? A. Right. Q. And was it in a holster or in his belt or was it -- A. No. It was in his pants, holding into his pants. Q. Okay. What portion of the gun could you observe? A. The round -- part of the round part and the handle. That's how -- I could see the upper part of the gun. Q. Well, I -- you're -- it's hard to -- A. We11, I need a gun to -- to explain. From the -- that part of it (demonstrating). Q. The -- the part you hold onto is the stock. A. Then I witnessed the stock. Q. Okay. You didn't see a barrel -- A. No. 4• -- or a cylinder? A. I saw -- Q. The pa rt you hold onto? A. Right. Q. Okay. And approximately how many feet away were you from him ? 90 DIANNE JONES & ASSOCIATES, APC 310.972.9682 P307 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 And you can use car lengths or whatever distance. A. I was probably as far as to that door -- a little farther than that. Well -- Q. We're talking about -- one,- two, three -- A. But it curves. It curves. So I would say a little past that door. It isn't just houses that go this way (indicating). It curves, so it's a little bit closer. Q. Would you say about 15 feet? A. Maybe 20/25 feet. Q. 20 -- 20/25 feet? A. Yeah, maybe. Maybe 50. I'm not sure. Q. And did he say anything to you? A. No. Q. And were you in fear when you saw that? A. Oh, yeah. Q. Okay. But you didn't call the police? A. No. Q. Even though you were in fear? A. Uh-huh. Q. Why not? A. Because he left. Q. He left? A. He left. 41 I DI ANNE JONES & ASSOCIATES, APC 310.972.9882 P308 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 Q. And the reason you didn't call the police is because he left? A. No, because -- well, that's one of the reasons. Another reason is, I've never -- I've seen what's happened with other neighbors, with calling the police. Nothing ever happens to Carlos, and when I called the night that he tried to run me over, the police didn't even show up. Q. Okay. With regard to the graffiti, you said you witnessed the kids. A. Yes, I did. Q. Now, I understand there are three children. A. Yes. I only witnessed two. Q. Who were the children you witnessed? A. The two younger ones, Kristine and Jesse, I believe his name is. Q. And Kristine is -- A. Carlos's daughter. Q. No, I know. I just want to get some ages I here. A. I want to get some water. Q. Kristine is 17 now? A. Uh-huh. Q. So how old was she at the time you witnessed 92 DIANNE JONES fi ASSOCIATES, APC 310.472.9682 P309 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this, seven or eight? A. When -- no. She wasn't seven or eight. This happened about -- Q. I thought you said about over five years ~ ago. A. Well, she wouldn't be eight, if she's 16. What, 13. Q. Okay. And then the youngest is Jesse, and he's 15 n ow. A. Uh-huh. Q. So he was nine or ten? A. Ten, yeah. Q. Okay. And what were they doing? Were they spray-painting or using a brush? A. They were marking on it. I was driving by. I just watched. I saw kids marking on Karen's wall. I thought it was bizarre. Q. Were there any other kids? A. No. Q. Just those -- A. Just those two. Uh-huh. Q. Did you report the graffiti to anybody? A. To-Karen, I called her up. I left a message on her recorder. She didn't pick up the phone, and later she told me that she had had problems with 93 DI ANNE JONES & ASSOCIATES, APC 310.972.9882 P310 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 Mr. Herrera -- Carlos, with the wall. That this wasn't the first time. MR. BERNARD: I just need a moment, please. Q. (BY MR. BERNARD) You said you only saw the -- the handle of the gun? A. Uh-huh. Q. What color was it? A. It was silver. THE HEARING OFFICER: I'm sorry. You said silver? THE WITNESS: Silver. Q. (BY MR. BERNARD) And let's just talk about the tire incident. A. Uh-huh. Q. Evidently somebody called the police because your grandson did something with some Christmas lights? A. Uh-huh. Yes. Q "Yes"? And about the same time other officers came to the Herrera house, or were they the same officers? A. No. They were different officers. Q. Okay. Did they came about the same time? A. They came about -- about five to ten minutes after they came to my house. Q. So who -- officers came to your house first or to the Herrera house first? 49 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P311 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. To my house first. Q. Okay. And the officers reported to you that there's been some vandalism? A. Uh-huh. Q "Yes"? A. Yes. Q. And -- A. Uh-huh. Q. And had somebody reported that your grandson was a participant? A. Yes. Q. Who had reported it? A. The homeowner. Q. Which homeowner? A. I don't know his name, but I could show you where he lived. I don't remember the name. It was -- let's see. What am I? It was down about right here (indicating). I Q. Okay. A. Yeah. About right here (indicating). Q. Did you ever talk to that homeowner? A. Oh, yes. I wanted Mike to apologize and told him I would -- my grandson was punished, and if there was anything I could do to -- to help and replace it. 45 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P312 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Did they have children that lived there? A. I believe they had one son. Q. And how old was he at the time? A. I think he was older. I'm not sure. Q. What does "older" mean? Over 20? A. No, in the teens. Q. Teenager? A. Uh-huh. Q. Okay. And then you said a few minutes later another unit went to the Herrera house? A. Well, they pulled up where -- right behind where the officers -- the officers are in front of my house. They went -- well, it's better if I show you. i The officers were in front of my house. The police came, and they stopped right here (indicating), and they went out, and they went -- the truck was over here (indicating). Q. When you say "the truck," you're -- the Herrera truck was -- A. Was -- Q. -- parked in front of 6422? A. No. It was actually in front of -- Q. 6928? A. -- 6428. Yes. 46 I DIANNE JONES & ASSOCIATES, APC 310.472.9882 P313 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 Q. Okay. And do you know what they were doing there? A. Who, the officers? Q. Yeah. A. Well, I found out what they were doing there. Q. Did you know what they were doing at the time? A. Why they were going to Herrera's? Q. Yeah. A. No. Q. Did you find out that same night or at some other -- A. The police? I heard them talking. Q. That night? A. That -- yeah. Q. Okay. And you heard the officers talking about what? What did you hear them say? A. I heard them say that they came because the truck was parked there for a long period of time -- Q. Okay. A. -- and that the owner lived at 6412. Q. Okay. A. And so they went. over to have him come out 47 DIANNE JONES & ASSOCIATES, APC 310.972.9682 P314 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 and talk to him, and he didn't come out. Q. Okay. And when you say he didn't come out, did any of the officers tell you that he was there but didn't want to come out? A. No. They didn't say he was there and wouldn't come out. Q. Okay. Did you know -- A.. I knew he was. Q. And how did you know that? A. I saw him. I just saw him minutes before when I was talking to the other officers. Q. Did you tell the officers that? A. Yes. Q. And what did they say? A. They went over and tried to get him to come out. They knocked on the door. I don't think they were in -- there on an incident strong enough to break the door down or have a warrant, so they -- they let it go. Q. Okay. And so then the next day -- A. The next morning my tires were slashed. Q. All of them? A. Two of them. Q. Okay. Did you call the police? A. Yes. 48 ~ DIANNE JONES & ASSOCIATES, APC 310.472.9882 P315 Nuisance Abatement Hearing 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Did they come to the -- A. Yes. Q. Did you tell them that you believed that Carlos had done this? A. I told them that he was a suspect. Q. Do you know whether they questioned him or I not? A. No, I don't. MR. BERNARD: Okay. I don't have anything further. THE HEARING OFFICER: Just to interrupt for one second, just relating to the last incident, you mentioned that the police told you that the truck belonged to somebody in 6412. That's Karen's house. THE WITNESS: I'm sorry. THE HEARING OFFICER: Did you mean 6416? THE WITNESS: I meant 6416. THE HEARING OFFICER: I just wanted to make sure. THE WITNESS: I apologize for that. THE HEARING OFFICER: And you meant Mr. Herrera -- right? -- Carlos? THE WITNESS: Yes, I did. Uh-huh. THE HEARING OFFICER: Okay. Thank you. /// /// 99 I DIANNE JONES E ASSOCIATES, APC 310.472.9882 P316 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 FURTHER EXAMINATION BY MR. BOBKO: Q. One question, has anybody else in the neighborhood scared you? A. No. Q. Anybody other than Carlos and Joseph come out and posture and look at you, anything like that? A. No. Q. Have you ever had any problems with anyone else -- A. No. Q. -- in the neighborhood ever? A. No. I've never had a problem. I have been cursed at, spit at by Carlos. I have never had that. I have always gotten along with my neighbors. I don't visit much with them because I work a lot. But I have had incidents where we've gone to the show or we've gone out to dinner together, different neighbors, and that has stopped, because as far as viewing it, outside talking together, because it agitates the situation. Q. And you said earlier that you were outside 50 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P317 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 doing yard work early, and that's when you do your yard work. A. I do it in morning. Q. Why do you do your yard work in the morning? A. I do it in the morning because it's cool, and I do it because -- it's basically because it's cooler. MR. BERNARD: Everybody does it in the morning. MR. BOBKO: They do? MR. BERNARD: Yeah. THE WITNESS: I mean, that's -- that's why I do my yard work. MR. BOBKO: Okay. THE HEARING OFFICER: I'd like to ask one more question. THE WITNESS: Uh-huh. THE HEARING OFFICER: Mr. Bobko asked you whether you had had any problems with anybody else in the neighborhood. Have you ever filed any other police reports regarding any other incidents other than the ones that we've related today regarding the Herreras about -- THE WITNESS: No. THE HEARING OFFICER: -- about people or incidents that have happened? 51 DIANNE JONES S ASSOCIATES, APC 310.972.9882 P318 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 THE WITNESS: No. THE HEARING OFFICER: So the only ones that you've filed have been with regard to the incidents you've reported with the Herreras and so forth? THE WITNESS: Yeah. Yeah. I've never had -- MR. BERNARD: When you say "Herreras," you mean -- you mean Carlos? THE WITNESS: Yes. THE HEARING OFFICER: Carlos, yes. THE WITNESS: I have never had any problems with any of my neighbors. Yeah. You know, I've never, to my knowledge, had the police come to my house except for the incident with my grandson, which I corrected. I mean, he was grounded. I haven't had any problems since. THE HEARING OFFICER: Thank you. MR. BOBKO: Off the record. (Recess taken.) /// ~// /// 52 I DIANNE JONES & ASSOCIATES, APC 310.472.9882 P319 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ROBERT SANTA CRUZ, called as a witness, having duly stated under penalty of perjury, was examined and testified as follows: EXAMINATION BY MR. BOBKO: Q. Can you tell us your name. A. Robert Santa Cruz, R-o-b-e-r-t, S-a-n-t-a, C-r-u-z. THE REPORTER: Thank you. Q. (BY MR. BOBKO) Can you tell us where you live? A. I live at 1114- -- Q. Show us on the map. A. 11436 Mount Palomar Street. Q. Okay. How long have you lived there? A. I've lived there for 13 years now. Q. Okay. Is there anybody -- does anybody live with you there? A. My wife and my kids, two boys. Q. How old are your boys? A. 15 -- 10 and 15. Q. What are their names? 53 DIANNE JONES & ASSOCIATES, APC 310.472.9882 - P320 Nuisance Abatement Hearing 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 A. Kahle and Kade. Q. Which is which? A. Kahle is the 15 year old, and Kad e is 10. Q. K-a-d-e? A. Yes. Q. What do you do for work? A. I am a contractor. Q. And what kind of contractor? Where do you work? What do you do? A. I work for In-N-Out Burger. Q. Okay. A. A the contractor. Q- A the contractor. Does that require that you travel around? A. I do, very much. Q. And what times of -- what -- what' s your normal workday? A. I leave my home around 1:00 a.m., and I return about 10:00 a.m. the following day. Q. Why do you work that -- those odd hours? A. When the restaurants close down, I go in and remodel their stores for them. Q• Okay. Do you know who lives at -- or who lived at 6416 Eagle Peak Place? 54 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P321 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Yes, I do. Q. And who lives there currently? A. Joseph Herrera. Q. Okay. And do you know who lived there before Joseph? A. I do, Carlos Herrera. Q. Okay. Have you ever had any interactions with Carlos Herreras? A. I've had quite a few. Q. Okay. What was the first time you had contact with Mr. Carlos Herrera? A. It would be approximately six months after I moved into my home. Q. Okay. So that's about 12 years ago? A. Yes. Q. And what was that interaction? A. He walked into my home without me knowing and asked me if I would do a -- a -- a strange deal with him. Q. And what was the strange deal? A. He asked me to take my wife to Vegas for the weekend and allow him to come in and flood out my house. Q. And why would anyone want to do that? A. To collect insurance money. 55 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P322 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 Q. Okay. Did you do it? A. No. Q. Okay. What did you say? A. I told him I have a job, and I don't work like that. Q. Okay. What's the last time you've had interactio n with Carlos Herrera? A. Would be July 7th of this year, in court. Q. And what was that? A. He made a threat that he was going to my -- end my wife and kids. Q. That he what? A. He was going to end my wife and kids. Q. And what was -- what were you doing in court that day? A. We're -- I was there for an assault with a deadly weapon against him. Q. Okay. Were you a witness? A. I'm the victim. Q. Okay. Did you have to testify that day? A. That day, no. Q. Okay. Do you know if Carlos Herrera has any kids? A. He has three. Q. Do you know their names? 56 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P323 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. I do. Q. What are they? A. Oldest Anthony, Kristine is the daughter, and Jesse is the youngest. Q. And do you know their approximate ages? A. The oldest being maybe 20, 17, and maybe 15. Q. Okay. Would you know them on sight? A. I do. Q. Have you had any interaction with the children? A. Over the years, yes. Q. Anything recently? A. Not recently. Q. Okay. What was the last interaction you had with one o f the kids? A. It would have been on June 23rd of -- I believe it was '06. Q. And what was that interaction? A. That was an assault with a deadly weapon. Q. And what part did the kids play? And more specifically which kid was it? A. It was the daughter. Q. And what was she doing? A. I believe she was in the middle of the street screaming, "Kick his ass." 57 I DIANNE JONES & ASSOCIATES, APC 310.472.9882 P324 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 Q. All right. And who was she screaming at? A. At her dad to "Kiss his ass." Q. And "his ass" being yours? A. Being me, yes. Q. Okay. So apart from the two incidents that we've already talked about -- well, actually, those two incidents, are there other incidents that stand out in your mind regarding Carlos Herrera? And before we get into that, the first one you talked about was "Kick his ass." Can you describe -- give me the detail on how we end up at the point where someone is -- A. Well, that was on the 23rd. I was at home with my family, and he pulls up in front of my house -- Q. "He" being Carlos Herrera? A. Carlos Herrera pulled up and -- MR. BERNARD: Is this June '06? MR. BOBKO: Yes. THE WITNESS: What was that? Q. (BY MR. BOBKO) Is this June '06? A. Yes, it is. He pulls up in front of my house. I had been cleaning the front yard, and he yells to me that I better watch my kids at all times. I better know where they are, and at that moment my son had just skated 58 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P325 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 29 25 down the street, and he -- Q. Can you -- can you show us on the map where you were standing and where your son skated? A. Yes. I was here in my front yard in my driveway (indicating). He pulls up in this direction and pulls in front of my house. My son skated across the street this way (indicating), and he immediately -- when he saw my son, he took off after my son. Q. And why do you believe he took off after your son? A. Because he saw my son, and he took off after him in his truck. He went right after him. Q. Why would he care what your son was doing, if you know? And if you don't, that's fine. A. I don't know. Q. Okay. So what did you do? A. I -- I grabbed a baseball bat. I yelled to my wife to get to her car and go get my son, and Z ran in this direction (indicating). MR. BERNARD: This isn't -- I'm sorry. But this is in '07. This is the incident that led to his arrest. THE WITNESS: Yes. MR. BERNARD: You said '06. 59 DIANNE JONES fi ASSOCIATES, APC 310.472.9882 P326 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 THE WITNESS: '07. MR. BERNARD: You meant '07? THE WITNESS: I meant '07. I'm sorry. MR. BERNARD: Right. THE HEARING OFFICER: Okay. This is the '07 incident. Q. (BY MR. BOBKO) Why did you go the opposite way from where your son went? A. In my mind, him having the vehicle, I thought he would grab my son and maybe I could meet him -- he was going to try to come back out this area (indicating). I knew my son was skating and plays with the boy who lives in this area here, so I assumed my wife would go this way (indicating) and I would come this I way (indicating), and if he had my son, I was going to try to -- I wanted my son. I was worried about my son. Q. And what did your wife do? A. My wife jumped in her truck and drove down the street, and when she came down this -- there's a cul-de-sac here (indicating) -- Herrera had my son pinned in in the corner in front of his truck and was screaming at my son. So my wife pulls her truck up and yells to my son to get into the truck, and at that point, I had 60 I DIANNE JONES & ASSOCIATES, APC 310.972.9882 P327 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 made it up to this point (indicating) and seen that my wife was getting my son, and I -- I proceeded to -- to -- I wanted to go back home. And when I qot to this point (indicating), Herrera and one of his other neighbors who tends to back him up -- Q. What's his name? A. His name is Vincent Fondario (phonetic). Q.• Okay. A. As I proceeded -- I was backing -- backing up and trying to get him to -- to calm down and leave us alone. I just kept telling him, "Please go home and be with your family and just leave us alone," and I backed up to this point here (indicating) where I tripped over the curb, and he picked up a rock about this big (demonstrating), and -- Q• "He" being who? A. Carlos Herrera. As I was tripping, I was going down, the rock -- he was trying to hit me in the face. He was looking right in my face, and as he threw the rock, I turned, and he caught me here in my ribcage (indicating) and broke several ribs. 4. Did you see Carlos Herrera with his truck pinning your child? 61 DIANNE JONES 6 ASSOCIATES, APC 310.472.9882 P328 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 A. I did. Q. Okay. A. I did. Q. And did your wife take your son home? A. Well, she started backing out trying to get me to block the view of Carlos. She was kind of using her truck to allow me to get home in a safe manner, but once the other guy jumped in -- there was actually several others. There was so much commotion. I just kept backing up trying to get the ~ guy -- asking somebody to call the police is what I kept doing, asking somebody to call the police. Q. Okay. And do you know if that case is still ~ pending? A. Yes, it is. Q. All right. Any other incidents with Carlos Herrera that stand out in your mind? A. There was another incident where he had been doing a lot of harassing throughout the years, but this one particular time he had a made -- the one of the first times he made a threat saying he was going to fucking kill me, and that started getting me a little worried because he started talking about killing. So I called the sheriff's department because I wanted to get a paper trail. I needed them to know 62 I DIANNE JONES & ASSOCIATES, APC 310.472.9882 P329 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 li 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that this man had just threatened my life, and it was time I believe to get the police involved. Q. Has he ever come up to your house and threatened you? A. Yes, he has. Q. Has he ever done anything that would make you believe that he could actually do you any harm? A. Yes. I was -- I was in front of my house. The night that I called the police, the police were dispatched. They came to my home. The officer -- female officer was taking a police report, and as she's taking the report, he came sneaking around the neighbor side and -- which he was in an attack -- he was crouched down sneaking along the house. He didn't realize the police officer was there. Well, she ended up arresting him that day. Q. Did she draw her weapon when she arrested ~ him? A. She did. She took him with her weapon. Yes, she was. 4• Was this in June of '06? A. Yes, it was. Q• Okay. A. There was another time I was in front of my house -- I had to put up surveillance cameras 63 DZANNE JONES & ASSOCIATES, APC 310.472.9882 P330 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 because Q. I'm sorry. Hang on. You've -- you installed surveillance cameras in front of your home? A. Well, yeah, all the way around, front and back. Q. How much -- how much did that cost you? A. Oh, it's close to $10,000. Q. And why do you think that's necessary? A. Because he was sneaking around my house from front to back. He's -- he's a very sneaky man, and he's very dangerous and unpredictable. 4• Okay. I'm sorry. I interrupted your -- what you're telling us. You'said there was another time. A. I was -- I had just put up the cameras, and so I was adjusting to see -- to get the best view, the safest view of my home, and as I was walking out front, he pulled up to my house and reaches over and points a gun right at me. 4• You say "reaches over," reaches over what? A. His son. His son was in the front seat with him, the oldest son. 4- Anthony? A. Anthony. 64 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P331 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. What did Anthony do? Was he -- A. He leaned back. He just leaned back and let his father point the gun at me. Q. Do you remember -- MR. BERNARD: What year was this? I'm sorry. MR. BOBKO: This was -- THE WITNESS: Of '06. MR. BOBKO: '06. Q. (BY MR. BOBKO) Are you certain it was a ~ gun? A. Yes, it was. Q. Okay. Could you tell the make or design? Was it a revo lver? Was it an automatic gun? A. It was -- it was a handgun. It was a pistol. Q. Okay. You're certain? Have you seen a gun before? A. Yes, I have. Q. Have you ever held a gun? A. I have. Q. Fired a qun? A. Oh, yes. Q. Okay. Have you ever had anybody else -- 65 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P332 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Carlos Herrera, you said earlier other people that he hangs around with -- A. Yes. Q. -- have you ever had anybody else who's intimidated, threatened, done anything with you while you've been out in your neighborhood or in the yard? A. Yes. Q. Tell us about that. A. There's an African-American man who lives in the area that goes by the name of Big Mac attacked me in my storage unit here in Rancho. Told me he was going to kill me. I had to call 911. They were able to send officers out and calm the guy down. They didn't arrest him for whatever reason, but I've noticed Herrera and this Big Mac, they -- they associate. Q. Have you seen Big Mac -- this gentleman named Big Mac, have you seen him in your neighborhood? A. Oh, yes. Q. _ Have you seen him in the neighborhood recently? A. Yes, I have. Q. When's the last time you've seen Big Mac in the neighborhood? A. It's been about three weeks now. 66 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P333 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Okay. What kind of car does he drive? A. He drives a green Dodge pick-up. Q. Pick-up? A. Yes. Q. Are you certain it's Big Mac and not just another green Dodge pick-up in the neighborhood? A. No. It's Big Mac. Q. Okay. How do you know? A. Well, he has distinctive -- he's -- he's a very large man and he wears a lot of gold necklaces, and he's just a very intimidating man. Q. Has he ever spoken to you? A. Yes, he has. Q. And what does he say? A. He's going to fucking kill me. Q. Has he ever -- when was that? A. That was the day of the attack. Q. And do you remember how far -- how long ago that was? A. I don't -- don't -- do not recall. It's been over six years. Q• Okay. But you've seen Big Mac in the neighborhood as recently as three weeks ago? A. Yes, I have. Q• When he drove through three weeks ago, did 67 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P334 Nuisance Abatement Hearing 1 2 3 4 5 6 7 B 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 he say anything to you? Did he beep his horn? Did he wave? A. Yes. Q. What did he do? A. He followed me up Milliken to Banyon. Q. Can you show us? Is it on this map or -- A. No. Actually -- no. Big Mac lives here (indicating). I live here (indicating), so he's got pretty much a view of me all the time. He walks his dogs, two pitbulls along here all the time (indicating), and if I'm ever out front, he just gives me funny looks, and he kind of laughs at me and gives me very uneasy feelings all the time. Q. Do -- do you have any reason to believe that he's got any connection at all with Joseph or Carlos Herrera? A. I know for -- I know for sure he does. Q. How do you know that? ~~ A. Because I have -- when I used to come through -- I could not drive my trucks in this direction (indicating) because he would stop me. He would hose me down, or he would just -- he would do -- 'because I have diesel trucks. He could hear my trucks when I came. 68 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P335 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 His brother used to live above us, so whenever I came through the neighborhood, Joseph would give Carlos a call so then Carlos would come out -- MR. BERNARD: Objection. I'm -- it calls for speculation. No foundation. THE WITNESS: So Z would have to drive -- MR. BERNARD: Pure conjecture. THE WITNESS: I would come in this way (indicating) to get out quicker, and I could leave the house real quick. As I would come in from around -- I'd have to change my driving pattern because they're -- they're aware -- in my mind, they're aware of what I'm doing, so I'd come through here real quick (indicating), I would catch Big Mac and Carlos speaking in front of Carlos's house numerous of times. Q. Okay. A. Carlos leaning in the window of his vehicle talking with Big Mac, and I've also seen Big Mac and Carlos talking right here (indicating), and Carlos owns a house above here (indicating), and they would be speaking in the street. 4• Have you -- you've been going to most of Mr. Carlos Herrera's court hearings; have you not? A. Yes, I have. 69 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P336 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 Q. And when you said you saw Big Mac three weeks ago, did that sighting coincide with the court appearance? A. I was on my way to court. Q. Okay. In your mind, do you believe that Big Mac shows up in the neighborhood when Carlos is here for court appearances? A. I do. Q. Okay. We've heard a lot about what Carlos Herrera has done. Have you ever done anything to antagonize Carlos? A. I have done one -- I had one incident. Q. And what was that incident? A. He had been making me feel very uneasy, and usually on Friday nights he would act up, and he had been parking his vehicle right here (indicating), and his son, the oldest one, had been throwing rocks at my house, and I watched him from the very back of my yard, and this particular night I knew that they were going to do something. I just had this gut feeling that they were going to act up, and as soon as it gets dark, he would start acting up. He pulls in front of my house and stops right at the walkway and starts to get out of his 70 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P337 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1B 19 20 21 22 23 24 25 truck, and I had a weird feeling. I grabbed my paintball gun, and as he started t o get out of the vehicle, I shot his truck up with the paintball gun to let him know that he should not come to my house. Don't think that he can come up any time he wants. Q. Okay. At the -- A. It was a bad judgment call on my part to do it, but I had to let him know that I didn't want him coming to my house. Q. Have you done anything like that before? A. Never have. Q. And when was that incident? A. It's been five years, four or five years. Q. Okay. Did you have a restraining order against - - did he have a restraining order against you at one point? A. He did get his restraining order against me. 4• Okay. Did you have one against him? A. I got one against him as well. The judge just decided that he didn't want to hear it, and he just issued two restraining orders, one for me and one for him. Q. Okay. Did you honor that? A. I did. I've never even driven by his house. 71 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P338 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 Q. Okay. A. I would literally -- I have a large trailer, working -- due to the work I have to do. I would have to back my trailer out of the street at midnight, back out and then take off just so I didn't pass his house. I did that for too many years. Q. Okay. You can sit down there now. Thank I You. Have you actually ever genuinely feared for your life because of Carlos Herrera? A. I still do. Q. How about his brother? A. His brother is starting to show me that I need to fear him as well. Q. Okay. What -- what has he done to show you that? A. He follows us around. My wife and I were leaving to work one morning, and Joseph -- we're sitting at the stoplight on Milliken and Vintage, and Joseph pulls alongside us and makes this turn in the middle of the intersection and stops his vehicle and would not let us through the red light. He -- green light, red light, he just sat there in the middle of the interaction and stop -- stopped all traffic. Q. And what happened? 72 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P339 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 How did that end? A. I called -- my wife -- we called 911, and he took off, and we just let them know, 911, what was going on. The other -- last week he pulls over on Vintage, gives me the finger -- MR. BERNARD: I'm sorry. "He" being? THE WITNESS: Joseph Herrera. MR. BERNARD: Joseph Herrera. THE WITNESS: That was -- was Thursday of last ~ week. Pulls his vehicle heading west on Vintage, and starts flagging me down to come on, like come and fight him. Q. (BY MR. BOBKO) How about -- how about the Herrera kids, do you have any fear of them? A. They're unpredictable children, yes. Q. Okay. A. They -- if I can say. Over the years, the oldest one would walk past my house and say just to fight his dad. His big thing was just to fight his dad. He -- Carlos, as well, would send the kid over, I believe, to antagonize me to go and fight him, and that's just not the way I conduct myself. 73 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P340 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Have you ever called anybody -- have you ever called the sheriff's department about anybody other than the Herreras or their associates in your neighborhood? A. Yes. There's two families. Q. And who are they? A. I don't know their names. One lady came very close to running over my son. She was driving too fast, and when I approached her and asked her if she could slow down, she called me a fucking wetback and a dumb fucking Mexican, and so I called the police to have them go and speak to her and tell her if she could slow it down. 4• And what was the incident? A. The other incident, same thing. A young boy driving too fast, asked him if he could slow down. I actually went to his house and asked him. At that point Carlos Herrera comes running up to the side of my window, reached in and punched me on the side of the face, and at that point I didn't call the police for that one. He got lucky that day. I just wanted it to end. I -- I just realized that the neighborhood -- I didn't know who was friends of his, and I just didn't feel safe, so I just I keep to myself. 74 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P341 Nuisance Abatement Hearing -~ 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 Q. Why don't you just move away? Why don't you just leave? A. Because my wife is not going to let him or anybody else chase us out of -- we've worked hard for our home. I -- my hands -- I physically work to make my money, and she's not going to allow somebody to chase us out of our home. Q. Okay. Is there anything else you would -- would you like to add anything else we need to know? A. Other than the fact that I feel that, you know, myself and my wife, just as a family, we have not been able to -- in the 13 years we've lived there, we haven't been able to walk the neighborhood, you know, take walks, walk our dog. My children haven't been able to ride their bikes through the neighborhood. They're -- they've been cheated out of their -- their younger years of life. They have been completely taken away because of what Mr. Herrera has done to my family. MR_ BOBKO: Okay. Mr. Bernard, I know you're chomping at the bit. MR. BERNARD: Yeah. This is going to go all day. I mean, I assume we're here all day. THE HEARING OFFICER: We'll go until we're done. MR. BERNARD: Okay. Good. 75 UIHN NF; JONES & ASSOCIATES, APC 310.472.9882 P342 Nuisance Abatement Hearing 1 2 3 4 5 6 7 B 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 MR. BOBKO: I actually -- off the record (Recess taken.) EXAMINATION BY MR. BERNARD: Q. At the very end of your testimony, you mentioned a black woman who told you you were a wetback or a Mexican. A. I didn't say a black woman. 4• Oh, I'm sorry. A woman? A. It was a woman, yes. Q. Okay. And who is this woman? A. She's a neighbor, and they still live there, and I've n ever had any altercations with them since. Q. And do you connect this woman to Carlos Herrera? A. Now I do, yes. Q. Okay. And when did this happen? How long ~ ago? A. This has been -- it's well over seven years. 4• Okay. Over seven years ago. And what about this young boy who also was speeding and you told him to stop and you said -- A. Yes. 76 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P343 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 1B 19 20 21 22 23 24 25 Q. -- Joseph -- he leans in the window and -- A. Carlos did. Q. Carlos. I'm sorry. And that -- was that over seven years ago? A. Yes, it was. Q. All right. And you didn't call the police when Carlos stuck his hand in the window, hit you in the face? A. I did not. Q. Why not? A. Because I felt that it was starting to escalate, and my best bet was just to ignore the guy as much as I could. If you do anything, you -- you retaliate. If you call the police, he's going to retaliate. Your client is a -- is a tough man. Q. Okay. So let me just go over a few documents with you. I have a document that's called a Request For Order to Stop Harassment and it's filed in the Superior Court of Rancho, and it's dated July 1st -- 18th, 2005, and it alleges that you intimidated, annoyed, drove by my client's house, threatened his oldest son when he rides his bike by your house and told him to get the fuck off the street, don't go down 77 I DIANNE JONES & ASSOCIATES, APC 310.472.9882 P344 Nuisance Abatement Hearing L 2 3 4 5 6 7 8 9 10 it 12 13 19 15 16 17 18 19 20 21 22 23 29 25 my fucking street. I'm going to kick your ass. You're familiar with the statements? A. I don't make threats against children. Q. Excuse me. Are you familiar with the statements that were made in the -- in the application for the restraining order? A. I was not. Q. Okay. You were served with it, though? A. I never received that. MR. BERNARD: Okay. Well, I'm going to ask the hearing officer to take this copy. (Exhibit 1 was marked for identification.) Q. (BY MR. BERNARD) And -- and you were, in fact, ordered, restrained and enjoined from doing anything to contact, harass, or annoy my client or his family; isn't that true? A. I never did. Q. The court signed the order ordering you not to do those things. A. And I never did. Q. And the court did sign the order; correct? A. Okay. Q. A11 right. So you have a copy of this? MR. BOBKO: I don't know that I do, but we can 78 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P345 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 it 12 13 19 15 16 17 18 19 20 21 22 23 24 25 make a copy of it at the break, if that's okay. THE HEARING OFFICER: That's fine. MR. BERNARD: And this is -- this is the order, and I want to also indicate on the record that this is not a mutual restraining order. This was a -- an order signed by the court only as against Robert Santa Cruz. Q. (BY MR. BERNARD) You also talked about the paint-gun (sic) incident; correct? A. Yes. Q. Okay. And you said in your testimony under oath that you knew that they were going to come by or you felt they were going to come by, and, in fact, Carlos Herrera came by the house -- your house, stopped his vehicle, got out of the vehicle, and then you had the paintball gun, or did you go -- A. He didn't get out. He started to get out. Q. Okay. Did he get out of his vehicle? A. He didn't get out: Q. Okay. And where were you at the time? A. I was in my front yard. Q. Did you have a paintball gun in your hand? A. Yes, I did. Q• What were you doing with it in your hand? A. I was going to shoot him if he came up in my yard. 79 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P346 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Okay. But what came first, you getting the paintball gun or you seeing him? A. I had the paintball gun, and I was out front. Q. Okay. So you were out front waiting for him; right? A. In my yard. Q. Is that correct, you were out there waiting for him? A. Yes. 4. Okay. In the police report, which I would also ask it be marked next in order. It's case number 110611384. There's a statement attributed to you, and the statement is "Santa Cruz says he became tired of the constant harassment from Herrera and just snapped" -- in quotes. Did you tell the police officers that you just snapped? A. If it's there, I probably said that. Q. Okay. You (sic) said he was walking from his vehicle to his home holding this paintball gun. He said he was prepared to go paint-balling the next day and was about to clean the gun when Herrera drove by his home yelling obscenities. Santa Cruz became upset and fired two rounds towards the moving vehicle. 60 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P347 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 And you -- you know that his son was in the car when you shot the gun; didn't you? A. I -- no, and the police -- Z never even gave a statement that day. 4. Well, it's a statement attributed to you. I'm not telling you you said it that day. You did have a conversation with police officers about this incident; correct? They took a report; correct? A. No, about four days later. MR. BERNARD: Okay. All right. And this is going to be next in order. (Exhibit 2 was marked for identification.) 4. (BY MR. BERNARD) And you talked briefly about a -- a deputy drawing her gun and -- and what happened? You said that Mr. Herrera was hiding in the bushes? A. He wasn't hiding in the bushes. He was creeping along this home on the corner (indicating), and he crept across here (indicating) and tried to sneak in. We were standing here in my driveway (indicating), and as he got into plain sight, we spotted him, and we told the officer, and she came around and did what she had to do. 81 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P348 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 Q. Okay. In your declaration under oath you -- and which will be my next in order. It's page 2, paragraph 6. You said, "When. my worker spotted Mr. Herrera and pointed him out to the" -- "to me and the police officer. As soon as he knew we had seen him, Mr. Herrera stood up to run. He did not get away because the police officer drew her gun and ordered him to stop. She eventually took him to the ground and arrested him." Is that right? A. Uh-huh. Q. You saw that? A. Uh-huh. Q. I have the report of the police officer attached to your declaration, and this is Case Number 110509168 -- THE REPORTER: I'm sorry. 1105- -- MR. BERNARD: -09168. Q. (BY MR. BERNARD) And the report indicates -- this is from the officer Deputy C-a-r-a-b-a-j-a-1 -- MR. BOBKO: And we'll object to everything that he's about to say as hearsay. MR. BERNARD: This is -- this is a statement 82 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P349 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 ~- 17 18 19 20 21 22 23 24 25 attributed to the officer. "As I was talking to the victim at his residence, Herrera walked up behind me and was identified by Santa Cruz as Carlos. I turned around and asked Herrera if his name was Carlos, and he told me, 'yes. "' "I told him I needed to speak with him in reference to the incident that had taken place in the location earlier in the evening. He told me he was fine and he would talk to me." "The following is a summary of that I interview." And 1 offer this as next in order. There was no indication that there was any taking to the ground, use of a weapon or any of the exaggeration testimony that the witness has offered. MR. BOBKO: Well, move to strike as argumentive. (Exhibit 3 was marked for identification.) Q. (BY MR. BERNARD) You -- speaking about Joseph Herrera, you said about a week ago he gave you 'the finger? A. Uh-huh. Q. Have you ever given him the finger? A. Yes, I have. Q. Okay. Thank you for being honest. 83 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P350 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 And you'said several months ago you and your wife were at Milliken and some other street, and the two of you again had some kind of an altercation; correct? A. Yes. Q. Okay. And were you both yelling, at each other? A. No. Q. Talking to each other? A. Nope. Q. Were any words spoken by either one of you? A. Nope. Q. Okay. So was his vehicle blocking your right-of-way, so to speak? A. Yes, it was. Q. No words were spoken? A. No. Q. Okay. Other than that incident, have there been any other incidents involving you and Joseph Herrera? A. No. 4• Okay. So it's -- we're just talking about the intersection incident; correct? A. Yes. Q• Okay. Let's talk about the incident 89 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P351 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 concerning the altercation in 2007. You said that -- by the way, weren't you and Mr. Herrera friends at some point in time in all these years? A. Never. Q. Never friends? A. Never. Q. Always warring? A. I just didn't like -- he's -- he's not a very good guy, and I don't deal with bad people. Q. Have you ever heard of the Hatfields and the McCoys? A. I don't. I work. Q. Okay. It's a warring family, neighbors. You said that -- and this is regarding the incident t hat led to my client's arrest in '07. You said that my client drove by your house; correct? A. Uh-huh. Q. And did he have anybody in the car with him? A. At that point, I was focused on what he was yelling at me. Q. Okay. And he yelled something to you about one of you r children? A. Uh-huh. Q. What was it? 85 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P352 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. I better watch my kids at all times. Q. Okay. And you then went into your garage and got a baseball bat? A. No. I squirted him. I told him to get the fuck out of here is what I did. Q. Okay. So you squirted his car with a hose? A_ Yes, I did. Q. Okay. Did the -- did it appear that that angered him? A. No, because the second he -- he took off after my son. It was real quick. Q. Were you angry? A. I was concerned that he was now stepping into going after my children, so... Q. When you squirted my client's car with a hose, were you angry? A. At that moment I wasn't, no. I was just cleaning my yard. I was in a good mood. Q. When you squirted the car, were you angry? A. No. I just wanted him to get out of my I face. 4• Okay. So did you believe that by hosing his car that that somehow would resolve any problems that the two of you had at that moment? A. No. I knew that when I squirted him that he 86 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P353 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1B 19 20 21 22 23 29 25 would get out of my face. Q. Okay. And then you went and went after the baseball bat? A. Well, he took off after my son, so I grabbed the baseball bat in order -- he had a vehicle, which I took as now a weapon. Q. Right. And then you started -- can you show us which way you were walking down the street with your baseball bat? A. Well, I wasn't walking. I was running about as fast as you can imagine a father would run after his child, so I'm running around this way here (indicating) -- Q. Which way was my client going? A. Your client left from my house and went this way (indicating) -- Q. Right. A. -- and stopped here in the -- Q. Where was your son? i A_ -- cul-de-sac (indicating). When I got there, he had -- his truck was facing in this direction (indicating), and my son was standing in front of it. Q. Where was your son when you were hosing my 87 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P354 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 client's vehicle down? A. He was skate-boarding right around here with a group of boys (indicating). Q. Okay. A. And then he crossed the street. Q. Why didn't you just go in the same direction as your son? A. In my mind, in dealing with your client, the crazy guy that he is, I thought he would grab -- Q. Just tell me -- just tell me -- Sir, just tell me why you didn't go in the direction of my client's vehicle instead of the direction that you took. A. Because he was already out of my sight, and I thought that he would grab my kid and try to come out through this direction (indicating). Q. Has he ever grabbed your kid? A. No, but when you stop in front of somebody's house -- Q. Has he ever grabbed your -- A. He has not. Q. Okay. Thank you. All right. And so then you're running down the street with a baseball bat? A. True. 88 DIANNE JONES 6 ASSOCIATES, APC 310.472.9882 P355 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 29 25 Q. And then as you approach the area where your -- you said your son was -- A. Uh-huh. Q. You encountered Mr. Rodriguez; didn't you? A. There was -- there was several people out there, so I wasn't concerned with who was around. I wanted my son. Q. You knew who Mr. Rodriguez was; right? A. I do now. Q. Okay. And Mr. Rodriguez testified under oath that you swung the bat at him. MR. BOBKO: Objection. That's hearsay. Q. (BY MR. BERNARD) Do you remember that? You were in -- you were in court; weren't I you? A. Yeah, Z was. Q. You heard his testimony; didn't you? A. I did. Q. Okay. You heard him tell the court that -- under oath that you swung the bat at him; is that correct? MR. BOBKO: We'll renew our objection, but we'll allow him to answer. THE WITNESS: I heard him say it -- MR. BERNARD: Okay. 89 I DIANNE JONES & ASSOCIATES, APC 310.472.9882 P356 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 THE WITNESS: -- but it's a lie. 4• (BY MR. BERNARD) And then -- and, by the way, did you have any prior dealings with Mr. Rodriguez? A. I never have seen the man. Q. Okay. Okay. So that was a lie. And then Mr. Rodriguez further testified that he tried to come in between you and Mr. Herrera because you were swinging the bat. You heard him say that; didn't you? A. I did. MR. BOBKO: And we'll object. We'll interpose ~ the -- MR. BERNARD: You can have a blanket objection to all of this. MR. BOBKO: Okay. MR. BERNARD: There's a preliminary hearing transcript under oath. It's not hearsay. MR. BOBKO: For the record, I haven't seen any transcript. No transcript was presented for the purpose of this administrative hearing. Nothing, in fact, was presented. All the documents that we're looking at now are documents that, at least, the City is viewing for the first time from the defense, so before -- 90 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P357 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. BERNARD: It doesn't matter. He's not denying this, so... MR. BOBKO: Well, I understand, but I'm simply making the record clear that you're -- the suggestion is that there are documents that we are not -- MR. BERNARD: No. My suggestion is he's testifying -- he's heard testimony. That's all my suggestion is. MR. BOBKO: Okay. 4• (BY MR. BERNARD) All right. And he came in -- Mr. Rodriguez did, in fact, come in between you and Mr. Herrera; correct? A. If you say so. Q. Well, did you -- A. From my point of view, it didn't -- Q. Did you hear him say that, sir? A. I heard him say it, but did it happen, no. Q. Okay. And so you were swinging the bat at Mr. Herrera; weren't you? A. I was not swinging the bat. If I was going i to swing the bat, somebody would have been hit. Q. So it's your testimony under oath that you never swung the bat? A. Never swung the bat. Q. At anyone? 91 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P358 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. At anybody. Q. Okay. And so did you start to walk away from where -- strike that. When you realized that Mr. Herrera wasn't grabbing your son, what was the next thing that you did? A. I wanted to get out of there. Q. Okay. So what did you do? A. I started backing up. I backed up from the point of contact with my son, and I backed up. At this point -- when I got to this point (indicating), there must have been ten people or more coming at me. At that point I didn't know who was friend, who was foe, and I backed up, and I -- I lost -- I guess I lost track of where I was at, and I ended up backing up into this section here (indicating). They were coming at me pretty fast, and I backed up to this point (indicating) -- Q. All right. A. -- and tripped. Q. At that point when you're backing up, were you swinging the bat to protect yourself? A. I was backing up. Q. Okay. Did you throw the bat down? 92 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P359 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 A. Yeah. I'm going to let your client get ahold -- Q. Did you throw the bat down? A. No. Q. So you kept holding onto the bat? A. Yes. Q. And then you mentioned a Mr. Fondiary (phonetic) -- Fondario -- A. Uh-huh. Q. Did -- did he also come towards you? A. Oh, yeah. Q. All right. Were you backing up when he came towards you? A. Uh-huh. ' Q "Yes"? A. Y.es. Q. Okay. And were you swinging the bat at him at that time? A. No, I wasn't. Q. And then at some point you said you tripped and you went down; is that right? A. Yes, it is. Q. Okay. Not as a result of anybody throwing you down; is that right? A. No. I tripped. 93 DIANNE JONES 6 ASSOCIATES, APC 310.472.9882 P360 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 29 25 Q. Okay. And when you tripped, Mr. Fondario was kickin g you; is that right? A. Yes. He starting kicking me as I was down. Q. Okay. And you were swinging the bat to protect yourself? A. I wasn't swinging the bat. Q. What were you doing with the bat? A. Well, first of all, the bat was this big (indicatin g), so... Q. Indicating that it wasn't a full -- A. Indicating that it was my son's first bat. Q. Okay. So are we talking about three and a half feet? A. Probably less than that. It was a child's small bat. Q. All right. So when you were on the ground and you we re being kicked by Mr. -- Mr. Fondario -- A. Uh-huh. 4• -- you were not using the bat? A. No. Your client was trying to pull it out of my hands. Q. Okay. And you were holding onto it? A. Yeah. I wasn't going to give it up. Q. Okay. And how did this altercation then break up? 94 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P361 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 Nuisance Abatement Hearing A. I had just gotten hit with a huge rock. I had lost my breath. I couldn't -- I was gasping for air. I remember hearing somebody identify themselves as a police officer, and I was able to get up and walk around the vehicle. I walked from -- I walked from here (indicating) all the way home, and I dropped flat on my face in my driveway. MR. BERNARD: Just give me a moment, please. Q. (BY MR. BERNARD) When you approached the area with your baseball bat that you saw my client at, you pointed to a direction. Can you do it one more time on the map? A. This would be a cul-de-sac (indicating). I This -- Q• Would it have been on Mount Ritter? A. It is on Mount Ritter. Q. Okay. And were there a number of children playing in that vicinity? A. I believe they were playing with my children. Q. Yeah. So it wasn't just your son there; was it? A. Yeah. Q. How many children were there? 95 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P362 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 A. I didn't -- I wasn't really concerned about people. I just wanted my son. Q. All right. And so when you observed your son, where was Mr. Herrera? A. Standing in front of him -- well, screaming in his face. Q. All right. How close was Mr. Herrera to your son? A. Well, within ten feet. Q. Okay. So about ten feet away from him screaming? A. Yes. Q. Did you hear what he was screaming? A. Something about your pussy dad. Q. Okay. And then you continued running towards Mr. Herrera? A. I was going for my son. Q. Okay. Were you running in the direction of Mr. Herrera? A. I was going for my son. Q. Okay. Listen to my question. Were you running -- listen. I heard what you said. Were you running in the direction of Mr. Herrera? A. I was running towards my son. 96 DIANNE JONES 6 ASSOCIATES, APC 310.472.9882 P363 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 Q. All right. I heard that part. Were you -- A. I wasn't going after your client. I was going after my son. Q. I said were you running in the_direction of where Mr. Herrera was? A. I was running in the direction of my son. Q. Okay. A. And your client happened to be in the direction of my son. Q. Okay. All right. And when you got close to Mr. Herrera, what did you do? A. I didn't get close to h'im. Q. How close were you to him in this -- at its closest point? A. I stayed -- Q. Let me finish. -- at its closest point? A. That would have been when he was on top of me. Z never got close to him. He got close to me. Q. Okay. So you're running towards your son, i and you grabbed your son; is that right? A. I didn't get -- never got my -- I didn't touch him. Q. Okay. So how close did you get to your son? 97 I DIANNE JONES 6 ASSOCIATES, APC 310.972.9882 P364 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 16 19 20 21 22 23 29 25 A. I didn't even get within 15/20 feet of him. Q. Okay. So you were about 15 or 20 feet away fro m your son? A. Uh-huh. Q. And about 10 feet away from Mr. Herrera? A. Yes. As I got close, your client turned and started walking towards me. Q. Okay. And so my client is walking towards you -- A. Yes. 4• -- and you're walking towards him? A. No. I'm walking backwards now. Q. Now you're walking backwards. And -- and you have the bat in your hand, and my c lient is walking towards you? A. Yes. Q. And there are other -- A. And he's spitting on me the whole time. Q. And there were other people walking towards you; cor rect? A. Fondario and your client. Q. And Mr. Rodriguez? A. At that -- I -- no. He was not. There was only two of them at that point. MR. BERNARD: Okay. I don't have anything 98 DIANNE JONES 6 ASSOCIATES, APC 310.972.9882 P365 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 further. MR. BOBKO: Okay. Unless you do? THE HEARING OFFICER: I'm fine. MR. BOBKO: Okay. Thank you, Mr. Santa Cruz. That's it. What I propose, Mr. Bernard -- Off the record. (Recess taken.) SHERRIE C. HUNTER, called as a witness, having duly stated under penalty of perjury, was examined and testified as follows: EXAMINATION BY MR. BERNARD: Q. State your full name for the record. A. Sherrie Courtney Hunter. Q• Spell that. A. S-h-e-r-r-i-e, "C," Hunter, H-u-n-t-e-r. Q. What's your occupation? A. Faculty coordinator -- THE REPORTER: I'm sorry. I didn't get the first -- 99 DIANNE JONES & ASSOCIATES, APC 310.972.9862 P366 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 THE WITNESS: Faculty coordinator of professional and organizational development. Q. (BY MR. BERNARD) For what company? A. San Bernardino Valley College. Q. How long have you been working there? A. I've been there for a very short period of time -- that's why I need to leave -- a month and a half. Q. Where did you go -- work before there? A. Eleven years at Pasadena City College. Q. So you were -- you're not a commuter? A. Oh, thank God. Not anymore, except Monday nights. Q. Okay. Where -- where do you presently live? We have a map of the area. A. Sure. I live at 6422 Eagle Peak Place. 4- 6422? A. Uh-huh. Q. And do you know who lives here (indicating)? A. My neighbor would be Mr. Herrera. Q. Okay. Is that Joseph? A. Joseph Herrera. Q. Okay. And do you know who lives here (indicating)? A. There would be -- I don't know them, but I 100 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P367 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 Nuisance Abatement Hearing know they're neighbors who live in that home. Q. Okay. Do you know whether it's a man or a woman or -- A. I think there's a family. I think there is a woman -- Q. Okay. A. -- and a man and maybe one son or so, maybe. Q. Okay. A11 right. Does the name Dickinson refresh your memory? A. It sounds like a name of a neighbor. Q. Okay. All right. Who are you renting your property from? A. Jennifer Mason, and she's the owner of the property that I live in. Q. Okay. And how long have you lived there? A. Since May of 2007. Q. So what -- A. Almost a year and a half. Q. About -- would that be one and a half years? A. Uh-huh. Q. Okay. Have you ever witnessed or observed anything out of the ordinary from the Herreras, that is, from Joseph Herrera and/or his wife or children? A. No. Q. Have you ever observed Joseph Herrera and/or 101 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P368 Nuisance Abatement Hearing 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 his wife or children have any altercation with anyone in the neighborhood that you've observed? A. Not that I know of. Q. Okay. What -- and when are you usually home, in the evenings? A. Do you mind -- I know you're asking questions, but do you mind if I make a short little comment? 4• I don't mind. A. You don't mind? Okay. MR. BOBKO: I may? THE WITNESS: You may. MR. BOBKO: No, go ahead. THE WITNESS: Okay. Because no one really explained to me about these proceedings and what they're about, and so I'm giving you a significant amount of personal information about who I am under the pretense which I don't -- I don't know. MR. BOBKO: Okay. MR. BERNARD: There is an allegation that the Herreras, that is Carlos Herrera and his -- somewhat Joseph Herrera have created a nuisance in that they have -- that their conduct has been abusive towards other people in the neighborhood. THE WITNESS: Uh-huh. 102 DIANNE JONES & ASSOCIATES, APC 310.972'.9882 P369 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 29 25 MR. BERNARD: And there's been some testimony from -- from Mr. Santa Cruz and from Ms. Dickinson, a neighbor at 11907, that she witnessed some of this, and I'm asking you, since you've lived there a year and a half, if you've witnessed anything out of the ordinary -- THE WITNESS: Sure. MR. BERNARD: -- with regard to the Herreras. THE WITNESS: I have not. I have not. Q. (BY MR. BERNARD) And does anybody ever come up to you, any neighbor, and said, you know, the Herreras are bad people, or they've done something to me? Have you heard any gossip or anything like that? A. What -- I don't know lots of people in the community at all really, but I know my daughter walks home. She's a 16-year-old at Los Osos High School, and from the very beginning she has said that on neighboring blocks that people have kind of made her feel a little bit unsafe and uncomfortable. Someone says, you know, "Oh, you live in Manny's house" or the "Herreras' house," "I know him," and insinuating some negative kind of things about him. Even a person followed her and her friend 103 DIANNE JONES S ASSOCIATES, APC 310.472.9882 P370 Nuisance Abatement Hearing 1 2 3 9 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 home one day, so she's always had a sense of being unsafe and watched in the community. That may sound odd, but that's been her experience. Q. Did she say the general location of where that person lives? A. She walks -- yeah -- she walks home -- Q. Do you want to show us with your -- A. Well, I guess if I could see Baxter Street is here. I don't know where that would be on here. Okay. So this is Mount Palomar (indicating). Q. Right. A. And, gosh, this is Hillview (indicating). A11 right. So -- I don't know. Baxter Street is -- MR. VILLENAS: It should be one street -- THE WITNESS: Is that right? It's right here somewhere (indicating); right? MR. BOBKO: No. No. That's the middle of the block. MR. BERNARD: Maybe up here (indicating)? MR. VILLENAS: Yeah. THE WITNESS: Okay. Where's the other residence? The gentleman who lives out -- who's out there, Mark? Where does he live? 104 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P371 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Is this his property (indicating)? MR. BERNARD: Yes. Yes. THE WITNESS: Okay. Down that street. Okay. So there's someone who lives on this property -- MR. BOBKO: No. No. No. I object to this. That's not where Mark lives. That's -- that's incorrect. THE WITNESS: Well, I don't know. You have a map, so wherever Baxter Street is -- MR. BOBKO: Yeah. Well, the point where you were pointing on the map is on Palomar Street. THE WITNESS: Okay. MR. BOBKO: And where -- Baxter Street, I believe, according to the Deputy City Manager -- THE WITNESS: Intersects. MR. BOBKO: -- is the next street up. THE WITNESS: If I'm not mistaken, Baxter Street and Mount Palomar intersect. Is that not correct or -- MR. BOBKO: I don't have -- THE WITNESS: -- it is Hillview? It's Hillview? MR. VILLENAS: Hillview is right there. MR. BOBKO: Hillview is on the map. THE WITNESS: Okay. 105 I DIANNE JONES 6 ASSOCIATES, APC 310.972.9882 P372 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 29 25 MR. BOBKO: And you can see Hillview. THE WITNESS: A11 right. MR. BOBKO: And that connects to Kettle Peak Place. THE WITNESS: All right. MR. BOBKO: And then it also interests Palomar Street, a nd I believe on that map, if we to go due north, th at the next street up is -- THE WITNESS: Baxter Street? MR. VILLENAS: Is that the street, the cul-de-sac right the re? THE WITNESS: It is a cul-de-sac. MR. VILLENAS: Yeah. She means -- MR. BERNARD: These are all homes -- THE WITNESS: Okay. MR. BERNARD: Let me just start over ag ain. Q. (BY MR. BERNARD) Is -- when your daughter -- does she walk home from school? A. She does. Q. And what school does she attend? A. Los Osos High School. Q. And so does she walk necessarily down I Hillview? A. No, she does not. Q. Okay. 106 I DIANNE JONES & ASSOCIATES, APC 310.972.9882 P373 Nuisance Abatement Hearing 1 2 3 9 5 6 7 B 9 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 29 25 A. There's a little cutaway that goes into Baxter Street -- Q. Can you just -- A. -- right in the cul-de-sac. I'm not good with maps. Q. Okay. A. So I believe if Baxter is stated, it's north of what we're looking at -- Q. Right. A. -- on the map. Then she cuts through -- off of -- what is the street that we turn down? We turn down on Vintage. There's a cutaway in the cul-de-sac of Baxter Street, which comes around to Hillview, and she walks down one block. She walks down one block to Mount Palomar. Q. Okay. A. Okay. And so she has had experience with someone commenting about Manny Herrera on Baxter Street. Q. When you say Manny Herrera, do you -- A. Or Carlos Herrera. On Baxter Street, as well as someone following her to our door practically where we live, Eagle Peak Place. 107 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P374 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 And she's also come home where there was a man in front looking at our property or at least the property that I lease. It's created a sense of being. unsafe in that community. Q. And -- and is it your understanding that that person is Carlos Herrera or Joseph Herrera or somebody else? A. It's not either of the two -- Q. Okay. A. -- gentlemen. It is a neighbor -- neighbors. Q. Okay. A. Yeah. Q. And you said your daughter is fearful? A. She's very fearful and feels unsafe there. Q. Okay. Have you asked anybody about why this is going on or -- A. No. Q. -- inquired? A. No, I have not. Q. Okay. A. I have not. I did place a call to the City last week a couple of times, Code Enforcement, to ask a question about this property or me being named as a part of some -- something about Code -- in relationship 108 DI ANNE JONES & ASSOCIATES, APC 310.472.9882 P375 Nuisance Abatement Hearing 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to Code Enforcement because it was communicated to me that my daughter was perceived as a gang member and that I was perceived as a gang member, gang affiliated, gang associated, that the neighbors thought I was selling drugs out of our house, and -- Q. Wait. Who told you all of this? A. This was communicated to me through Mr. Herrera, that neighbors were complaining about this, and I don't know. I know that since I have been there, in addition to my daughter feeling unsafe, we've had a dead rat thrown in our yard. We've had our sprinklers -- our main switch to our sprinklers go off twice. Neighbors didn't turn it -- at least, the neighbor, Mr. Herrera, to my left, did not turn them off. My gardener did not turn them off. I didn't turn them off, and the master switch of my sprinkler system was turned off twice. I know that I've had my car towed. I can saw with law enforcement in the room that my tags were expired, but it was after a day in which one of my neighbors to my right drove behind me in a car, and I have felt harassed as well, so that's why I'm here and giving you my time at this point. MR. BERNARD: Thank you. I have nothing further. 109 DIANNE JONES 6 ASSOCIATES, APC 310.472.9882 P376 Nuisance Abatement Hearing _~ i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EXAMINATION BY MR. BOBKO: Q. Has Mr. Herrera ever threatened you, Carlos Herrera? A. Oh, no. Q. Has Joseph Herrera ever threatened you? A. No. Q. Do you know -- do you know how many times Carlos Herrera has been arrested? MR. BERNARD: Objection. Relevance. MR. BOBKO: Well, we're talking about whether or not he's a -- he's a worthwhile person. I mean -- THE WITNESS: Are we talking about that? MR. BOBKO: Well, here's what we're talking about today -- if I clarify what Mr. Bernard said. What's happened is, is that over many years Joseph -- Carlos Herrera has, in the City's opinion -- and I'm attorney -- City attorney -- MR. BERNARD: Wait a minute. I don't think this is fair. This is more argument. I mean, you have the right to ask questions, but not to characterize your positions in this case. MR. BOBKO: Well, I think that -- that obviously you've had a chance to characterize what you perceive 110 DIANNE JONES 6 ASSOCIATES, APC 310.472.9882 P377 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 iB 19 20 21 22 23 29 25 this is -- this proceeding -- MR. BERNARD: No. I've asked this witness questions. I think that you need to intervene here. I don't think that -- that really kind of paints a picture. MR. BOBKO: Well, may I tell her what that -- MR. BERNARD: Whether he's been arrested or not, what does that have to do with her testimony? MR. BOBKO: She's opened up the character testimony. That's why she's sitting here. She's never perceived any of the incidents that we've talked about. MR. BERNARD: Well -- MR. BOBKO: She's never mentioned anything. MR. BERNARD: She's talking about her percipient. MR. BOBKO: She's talking about her opinion of Mr. Herrera. THE WITNESS: I'm talking about me feeling unsafe in the property because of neighbors who have created a hostile and harassing environment. That's why I'm here, and that's what I'm talking about. Q. (BY MR. BOBKO) Okay. Who -- A. Your intentions are maybe something different. Q. Who -- who first contacted you to come here 111 DIANNE JONES & ASSOCIATES, APC 310.972.9882 - P378 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 today? A. Well, the City didn't contact me. The family who owns the property. Q. Okay. And what did -- who contacted you? Was it Carlos Herrera? A. Yes. 4. And what did he tell you? A. Said that there was a hearing at the City in reference to a property, of which property I lived in was named, and that the property -- the tenants of the property, meaning myself and my daughter, that we were a nuisance to the community. Q. Okay. That is false. MR. BERNARD: Well, wait a minute. Counsel, you can't make that statement. MR. BOBKO: That is false. MR. BERNARD: You can't make that statement. You can argue that. You asked her what she was told. MR. BOBKO: Well, this witness is clearly here under false pretense. MR. BERNARD: No. This is -- wait, stop. THE HEARING OFFICER: It's okay. We don't have to go into this. Let's just find out what she knows, Kit, 112 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P379 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 and -- Q. (BY MR. BOBKO) Have you ever seen -- are you aware that on -- in' January 2009, Carlos Herrera barged into one of your neighbor's homes searching for one of their children? MR. BERNARD: What a minute. MR. BOBKO: I'm asking her if she knows. MR. BERNARD: I'm going to object. This is irrelevant. MR. BOBKO: It's not irrelevant. This absolutely has to do with this neighbor's ability to give any impression or any information about Carlos or Joseph Herrera. Clearly there isn't -- this proceeding has nothing to do with her personally. MR. BERNARD: There's no foundation that that occurred. MR. BOBKO: I have her signed statement which is permitted in evidence. MR. BERNARD: From who? MR. BOBKO: From one of the neighbors. MR. BERNARD: Well, she hasn't seen it. MR. BOBKO: It was faxed to you, and it was faxed to her (sic). I'm not asking if she's seen it. I'm asking 113 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P380 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 if she's aware of it. That's a perfectly reasonable question of her. Q. (BY MR. BOBKO) Are you aware that Mr. Herrera barged into one of your neighbor's home -- MR. BERNARD: Allegedly. Q. (BY MR. BOBKO) -- allegedly barged -- well, according to a statement, a signed statement -- MR. BERNARD: So what? Q. (BY MR. BOBKO) -- searching for a child who he thought threw a rock at one of his cars? Are you aware of that? A. Is that common knowledge? Q. I'm asking you if you're aware of it. A. I'm completely -- you've just shared it with i me . Q. Okay. THE HEARING OFFICER: So you were not aware of it before -- THE WITNESS: No. THE HEARING OFFICER: -- this moment? THE WITNESS: No, not before this moment. THE HEARING OFFICER: Forgive me, Kit, I just want to clarify. It was Mr. Herrera, if I'm understanding you -- I'm repeating what I think I heard from you, so 119 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P381 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 you correct me if I'm wrong. THE WITNESS: Okay. THE HEARING OFFICER: It was Mr. Herrera who told you that other people had said that you were part of the nuisance problems; is that -- THE WITNESS: That the address that -- yes, absolutely. THE HEARING OFFICER: That you personally or just the address? THE WITNESS: Well, that as a tenant within that address, yes, and so I would accept that as personal. THE HEARING OFFICER: Okay. So he -- he told you that, but you did not hear that from anybody else other than him; is that what I'm understanding? THE WITNESS: Well, I think Z viewed a legal document today very briefly that had the address in which I reside in and "tenant" next to it, so I would assume that that would mean me as -- THE HEARING OFFICER: You saw the document, but I'm -- what I was asking, did anybody else in the neighborhood, any of the other neighbors -- THE WITNESS: No. THE HEARING OFFICER: -- say directly to you, "You're a nuisance and you're doing bad things in our neighborhood" or something to that effect? 115 uleuvly C, JUNES S ASSOCIATES, APC 310.472.9882 P382 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 THE WITNESS: Z would say, no, not directly, but I think neighbors have ways of letting you know whether or not they're welcoming you to their community or they're not, and I -- THE HEARING OFFICER: And these are some of the things that you were talking about, being followed -- THE WITNESS: Absolutely. Absolutely. THE HEARING OFFICER: -- and your daughter feeling as though she was intimidated? THE WITNESS: That's right. MR. BERNARD: The dead rats and sprinklers. THE HEARING OFFICER: Right. THE WITNESS: Yes. THE HEARING OFFICER: And -- and do you know -- and I can understand that's very upsetting. Do you know who or do you have -- have you identified anybody, or you just think that's sort of the character of the neighborhood and how you were -- felt there, but you don't know that any particular neighbor was involved in that; is that -- THE WITNESS: Well, I mean, of course not, unless I have cameras, which I've thought about putting up, but I'd rather not. THE HEARING OFFICER: Okay. THE WITNESS: I would say I have had friendly 116 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P383 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 interactions with my neighbors, my neighbor to my left, which would be Mr. Herrera, there's a welcoming, a greeting, a smile from he and his wife or his children. My neighbor to my right, I know it took me a bit to get a hello from him even after asking -- saying hello, and it definitely -- he doesn't seem to be very friendly to my daughter or to myself. So I can only characterize the community, the block, you know, or two that we live in and how people seem to interact with us during the time in which they're able to. I can't speak to anything else. THE HEARING OFFICER: So when you're saying the neighbors to the right, you're referring to this home, 6428, which on the chart is identified as being the Martinezes'; is that right? THE WITNESS: Yes. THE HEARING OFFICER: And when you say that -- I'm sorry. Do you guys mind if I -- MR. BOBKO: Go ahead. THE HEARING OFFICER: When you say that he hasn't been particularly warm, have you felt that he's been intimidating or unwelcoming or just he hasn't -- I'm sort of looking for a degree here on, you know, a scale of one to ten. THE WITNESS: Sure. Z appreciate that. I 117 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P384 Nuisance Abatement Hearing -~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 appreciate that. I would say unwelcoming. THE HEARING OFFICER: Unwelcoming? THE WITNESS: Unwelcoming. THE HEARING OFFICER: Okay. 4• (BY MR. BOBKO) Do you believe that you're here today because this has something to do with you personally? A. I'm not quite sure. I'm trying to figure that one out. As time goes on, I've been trying to figure that out. THE HEARING OFFICER: Well, just so you know -- I'll let you know, since I'm the hearing officer, and I'm unconnected with either of these guys -- this has nothing to do with you. Okay? THE WITNESS: Okay. THE HEARING OFFICER: There is -- there is an allegation that Ms. Mason, as the property owner of the property that you're renting, has caused some conditions to exist -- or they have not, necessarily, directly caused, but conditions have existed in the neighborhood that have been a problem in the neighborhood. But it does -- it has nothing to do with you 116 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P385 Nuisance Abatement Hearing --~ 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 personally, and there have been no allegations that you personally or your family have been involved in any of these incidents whatsoever. THE WITNESS: So when, in fact, on a legal document, that I'm sure you have, where it says 6922 and "tenant" next it, what does that refer to? Who does that refer to? THE HEARING OFFICER: Well, I'm not -- I haven't seen the legal document, so Z can't exactly characterize it. It could have been a former tenant. MR. BERNARD: It says an administrative determination that persons living at 6419 and/or 6422 and at 11442 Mount Baxter have engaged in criminal activities. THE HEARING OFFICER: All they did was, they -- MR. BERNARD: And that's what she's referring to. THE HEARING OFFICER: And as part of the -- yes. And as part of the convening documents for this particular hearing, they included all the properties that are owned by Ms. Mason, but it did not have to do with -- as far as I understand -- MR. BOBKO: Your name doesn't appear -- MR. HEARING OFFICER: Your name personally -- and no allegation concerning you appear as part of this 119 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P386 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 29 25 hearing. THE WITNESS: May I ask a question, point of clarification? MR. BERNARD: Absolutely. MR. BOBKO: Why don't you ask your question to the hearing officer so that we don't get into -- Mr. Bernard and I don't end up at fisticuffs. THE WITNESS: Sure. But the previous statement that he read, the -- do we have a record of what was just read by the attorney here of -- in reference to 6422, the language that we have? THE HEARING OFFICER: All it is is the convening of the nuisance hearing. THE WITNESS: Okay. But it does -- it says illegal activity including the residence in which I live in, these people have been engaged in illegal activity. Does that not imply the residents? MR. BOBKO: No. THE WITNESS: How -- how would I know that? THE HEARING OFFICER: Just -- I'm telling you it doesn't have to do with you. MR. BERNARD: And by the way, 2 think -- if I may, when you -- THE HEARING OFFICER: Do you understand what role 120 DIANNE JONES & ASSOCIATES, APC 310.972.9882 = P387 Nuisance Abatement Hearing 1 2 3 4 5 6 7 6 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 I'm playing here? Z'm the hearing officer. THE WITNESS: I understand. THE HEARING OFFICER: When you (sic) render your decision, he's like a judge. THE WITNESS: Sure. THE HEARING OFFICER: Yeah. MR. BERNARD: You can make that point that you -- THE HEARING OFFICER: Yeah. This will have -- this -- when I write up my -- MR. BERNARD: Decision. THE HEARING OFFICER: -- decision as to what happened here, what I believe happened here -- and I'm the only one whose opinion counts here at the end of the day and any conclusions that I make, none of this will have to do with you personally. THE WITNESS: Okay. THE HEARING OFFICER: No order will be directed at I You. MR. BOBKO: Or your children. THE HEARING OFFICER: The only -- or your family. The only thing this will have to do with is Ms. Mason and her properties and if she has allowed a condition to exist in that neighborhood that may be a problem. Anything that happens here will be directed 121 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P388 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 toward her or not. THE WITNESS: I understand that. I'm not really concerned about myself. There's nothing here that -- that legally that would be -- it would only be a mischaracterization of me, so I'm not concerned about that. I do believe that the statement written in the legal document implies something. Now, why -- THE HEARING OFFICER: Just so you know, it's not intended to. THE WITNESS: It's not. THE HEARING OFFICER: Okay. It's -- it's a -- it's in a form that is intended to respond to certain City ordinances -- THE WITNESS: Oh, okay. THE HEARING OFFICER: -- and the form of this proceeding, so it looks sort of broad, but it's not intended to imply anything as respect to your conduct whatsoever -- THE WITNESS: Okay. THE HEARING OFFICER: -- or your family's conduct. THE WITNESS: Okay. THE HEARING OFFICER: Is that -- THE WITNESS: That's clear. ~ THE HEARING OFFICER: Okay. 122 DIANNE JONES 6 ASSOCIATES, APC 310.472.9882 P389 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 li 12 13 19 15 16 17 18 19 20 21 22 23 24 25 Q. (BY MR. BOBKO) And you pay rent to Mr. Herrera obviously? A. I pay rent to Jennifer Mason. Q. Okay. A. Yes, I do. Q. And she controls when things get fixed, if things get fixed at your house? A. Uh-huh. Q. Okay. Do you recall when you were first contacted about appearing here today? A. I think it was -- let's see. Today is the 114th -- Q. Uh-huh. A. -- yesterday was the 13th, seven days from there was -- Q. So it's been within the month of October? A. Of course, yeah. Q• Have you looked at any other -- you keep referring to legal documents. Have you, yourself, had a chance to review any of the documents in this case? A. It would be great to have a copy. 4- Well, we can provide you a copy. But have you reviewed any? A. No. Q. Okay. So you haven't, in fact, seen any of 123 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P390 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 the things that you were talking about earlier. People were just telling you -- A. No. Q. -- what the contents of those documents were? A. I think you're making an assumption. What I looked at was, in fact, the cover sheet of the document. If you have a cover sheet of the legal document. Q. Okay. Let me ask -- let me ask you a different question. Have you read anything other than the cover sheet? A. No, I have not. Q. Okay. Any other information that you got is from what Mr. Herrera told you? A. You know, it's interesting, because I called the City twice within the last -- I guess it would have been ten days -- I Q. Uh-huh. A. -- and called the main number, code enforcement, to try to find out what this is regarding, the hearing regarding the address in which I lived in, and there was not any information that was given to me. They said there was no complaints, code enforcement complaints. There was no complaints in 129 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P391 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 it 12 13 19 15 16 17 18 19 20 21 22 23 24 25 reference to the house that I lived in, and so that's the information that I've received. Q. Is it safe to say that the only -- that you're here today though because you, on first impression, believed that you personally were being implicated in this hearing? A. I think it's safe to say that because Z live at 6422 Eagle Peak Place as a tenant and I was communicated that there had been -- actually, the first time I was communicated that there was potentially a problem was when I signed my new lease, which I think was August 1st or so, that Mr. Herrera had stated that he had received some form of a letter or a complaint or something from the City, and he would let me know if it had anything to do with the property that I lived in, so that's the very first time that I heard of this complaint. Q. But is that safe to say that the reason that you were here, at least initially, is because you believe that you were personally implicated in this proceeding? A. Absolutely. Q. Okay. A. Personally implicated might be a little bit strong. As a resident of the address I would say. I'm 125 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P392 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 here to see what's going on. What's the complaint firsthand, because I couldn't get much information in advance. Q• Okay. And the gentleman sitting to my right is the City embodied, and I'm sure he'll be happy to give you a card if you have any other phone calls or questions that he would be happy to answer, and I will provide, through him, a copy of the City's papers. A. I appreciate that. Thank you. MR. BOBKO: I don't have any other questions. MR. BERNARD: This one other witness is one minute. I'm just going to ask him -- he knows nothing. He's a police dispatcher. He's got to leave. Thanks. THE HEARING OFFICER: Thank you very much for coming in. THE WITNESS: Thank you. I appreciate your time. (Recess taken.) /// /// /// 126 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P393 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 1B 19 20 21 22 23 29 25 MARK BARBER, called as a witness, having duly stated under penalty of perjury, was examined and testified as follows: EXAMINATION BY MR. BERNARD: Q. Okay. State your full name for the record. A. Mark D. Barber, B-a-r-b-e-r. Q. And, Mark, where do you reside? A. 11942 Mount Baxter Court. Q. What is your occupation? A. Community supervisor with the Ontario Police Department. Q. Okay. And how long have you -- you're a ranter r~ A. Yes, sir. Q. And how long have you lived at that address? A. July of '08. Q. Okay. And do you know Carlos Herrera? A. Manny? ~, Q. Okay. That's his middle name or -- A. I don't know. I didn't know Carlos was his name. 127 I DIANNE JONES & ASSOCIATES, APC 310.972.9882 P394 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 Q. And do you know his wife? A. I just met her for the first time today. Q. Okay. And her name is Jennifer Mason? A. Yes. Q. Okay. Have you -- other than signing a lease, have you had any dealings with them? A. The guy was nice enough to put ramps in the house for me I rent. Q. Okay. Have you -- have you heard any gossip in the neighborhood about any altercation between Manny -- Mr. Herrera, his wife, or anyone else? A. I heard an account from Manny about some type of incident he was involved in. Q. Okay. But have you heard from anyone else? A. I have not. MR. BERNARD: I don't have any further questions. EXAMINATION BY MR. BOBKO: Q. when's -- when's the first time you heard about this proceeding? A. About a week ago. Q. Do you believe that you are personally implicated in this proceeding because the property 128 DIANNE JONES 6 ASSOCIATES, APC 310.472.9882 P395 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 Nuisance.Abatement Hearing where you live has been identified in legal documents? A. No. Q. Okay. Do you have any concern for your job as a law enforcement officer that you need to come here today to defend yourself because -- A. I am not a law enforcement officer. Q. Do you not work for the police department? A. But Z'm not sworn. Q. Okay. What's the proper terminology? A. I'm a civilian employee. Q. Okay. As a civilian working in law enforcement do you believe that it was important for you to come here today and make sure that nothing was said or done to implicate you or your -- your family because your property was identified in legal documents? A. I believe I had the option. Q. I'm sorry? A. I believe I had the option. Q. Okay. A. I didn't feel threatened. Q. You didn't feel threatened. When were you first notified about this? A. A week ago last Sunday. Q. And what were you told? 129 DIANNE JONES 6 ASSOCIATES, APC 310.972.9882 P396 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 A. There was a hearing about allegedly gang activity in the properties or narcotic activity in the property he -- he rents out. Q. Okay. Did -- was it -- and was this by Carlos Herrera? A. Yes. 4. Did he suggest to you that the City was implicating you in those activities? A. He did not. 4• Okay. Did anyone suggest to you that you personally were implicated or your property was implicated in those activities? A. They did not. 4• Okay. And you pay your rent to Mr. Herrera? A. To Jennifer. 4. To Jennifer. Did you in any way feel like -- like you needed to come here today because they are your landlord? A. No. I didn't feel -- no. Q. Okay. Have you ever seen Carlos Herrera threaten anyone? A. Have not. ~ 4- Are you -- are you aware that he's been arrested? 130 DIANNE JONES & ASSOCIATES, APC 310.472.9862 P397 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Yes. Q. Okay. Do you know what he was arrested for? A. Not sure. Q. Okay. But you do know he's been arrested? A. Yes. THE REPORTER: I'm sorry. I didn't get the last question. Q. (BY MR. BOBKO) But you do know that he has been arrested? A. Yes. Q. How about Joseph, do you know if he's been arrested? A. I do not. Q. Okay. Do you -- you work in law -- I'm sorry. As a civilian employee of law enforcement in -- A. Ontario. Q. Ontario. In your law enforcement capacity, has anyone ever brought to your attention that -- that Carlos Herrera has been arrested or any of his involvement with -- A. No, sir. Q. Do you -- are you friends with Carlos Herrera? A. I am not. 131 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P398 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 Q. Are you friends with Joseph Herrera? A. I am not. Q. Okay. Did anyone prepare you today to suggest what you needed to say here? A. No one did. Q. Okay. What, in fact, did you come here today to tell us? A. Just answer questions. I didn't come here to tell you anything. Q. Okay. You haven't seen any incidents where Mr. Herrera has threatened anyone or -- A. I have not. Q. Okay. Have you ever seen Mr. Herrera assault anyone? A. I have not. Q. Have you ever seen any of Mr. Herrera's associates assault anyone? A. I have not. Q. Have you ever seen any of Mr. Herrera's associates -- MR. BERNARD: I'm going to object to the word "associates" as no foundation. Q. (BY MR. BOBKO) Have you ever -- MR. BERNARD: How would he know who his associates are? 132 DIANNE JONES & ASSOCIATES, APC 310.972.9682 P399 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 MR. BOBKO: Okay. Q. (BY MR. BOBKO) You haven't perceived anything with Mr. Herrera and any of the people in the neighborhood; have you? A. No, sir. Q. Okay. Have you ever -- have you heard anything about Mr. Herrera? A. I have not. MR. BOBKO: Okay. Okay. MR. BERNARD: Thank you. MR. BOBKO: I don't know why you're here, but thank you. THE HEARING OFFICER: Forgive me. I may have missed -- and you may have asked it, and I just missed it. How long have you lived in the -- THE WITNESS: Since July '08. THE HEARING OFFICER: Since July of '08, this year. So it's just been two, three, four months? THE WITNESS: Correct. MR. BERNARD: I asked him to come because his property was named. And I wanted to make sure that you're not going to later argue that something occurred on that property. You need to go to the bank? What time -- 133 DIANNE JONES & ASSOCIATES, APC 310.972.9862 P400 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 /// /// /// MR. BOBKO: We're off the record. Thank you. (At 1:08 p.m. the Nuisance Abatement Hearing was adjourned for noon recess.) 139 DIANNE JONES & ASSOCIATES, APC 310.972.9682 P401 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 1B 19 20 21 22 23 24 25 (At 2:29 p.m. the Nuisance Abatement Hearing was reconvened.) KAYSIE SMITH, called as a witness, having duly stated under penalty of perjury, was examined and testified as follows: EXAMINATION BY MR. BOBKO: Q. Corporal Smith, can you give us your full name, please. A. Kaysie, K-a-y-s-i-e, Smith. Q. And what is your -- what's your current position? A. I'm a corporal in the MET division for the Rancho Cucamonga station. Q• Okay. And what -- what is the MET division? What is that area of responsibility precisely? A. We oversee programs such as crime-free multi-housing and SOP, which is solution-oriented policing. 4• Okay. And what does the solution-oriented policing entail? 135 DIANNE JONES fi ASSOCIATES, APC 310.972.9882 P402 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. It entails working with neighborhoods or specific problems in trying to find a solution, whether it be graffiti, in trying to find a solution. If it's a certain area that's always getting graffiti'd, you know, extra patrol, what hours is it happening. If it's a neighborhood problem, it would be meeting with the neighbors, and, you know, why -- why are we out here so much? Why are neighbors calling about the same things? What can we do as law enforcement to work together in order to resolve the situation. Q. Okay. Are you familiar with the neighborhood on Eagle Peak Place? A. Yes, I am. Q. Okay. Have you been out there before? A. Yes. Q. Okay. And I'm going to turn your attention to Exhibit 0. A. This one? Q. That's yours. And can you tell me what Exhibit 0 is? A. Exhibit 0 is a call history summary for that neighborhood. Q. Okay. And what can you tell me -- have you looked at this summary? 136 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P403 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 A. Yes, sir. Q. Can you tell me -- what can you tell me having looked at the summary? A. In the summary, we also did a summary with a comparative neighborhood -- Q. Okay. A. -- which is of similar size as the neighborhood indicated. Q. Which page is that? A. That is page -- well, it's page 13 -- Q. Page 13 of 13? A. -- of 13, which would be, I believe, the second record. Q. Okay. And what's the -- let's go through the report. The first report is -- why do you have two reports? A. Because we had a new dispatching system in ~ 2005. Q. Okay. A. So the first report is from January of '99 until June of 2005. Q. And the second report? A. And then the second report is June of 2005 to July of 2006. 137 DIANNE JONES 5 ASSOCIATES, APC 310.972.9882 P404 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 Q. Okay. So dealing with what you were just describing, the comparative analysis, what -- what can you tell me? What -- what can you tell me from your review of the comparative analysis of the calls for service? A. That this neighborhood, the Eagle .Pea k, Mount Palomar, and Mount Ritter, the calls for service are anywhere from twice as many as to ten times as many calls as a comparative neighborhood. Q. Okay. And is that why your -- your department -- or your -- what do you call your group, MET? A. Solution-oriented policing, it's under the MET division. Q. Is that why your division is involved in this case? A. Yes. Q. Okay. And do you have any reason -- do you have any -- you know, why is there such a discrepancy there in your opinion? A. In my opinion, after talking to the deputies that were previously assigned to the SOP portion of the MET division, it was habitual neighbor disputes involving Mr. Herrera. 136 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P405 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 Q. Okay. Did you hear any -- any -- from when you took your position -- well, first of a11, as sheriffs, do you all stay in positions for a long time? Do you rotate through positions? How does -- how does the -- how is your particular division staffed? MR. BERNARD: I'm sorry. When you -- just -- just for the record, when you say "Herrera," you're referring to Carlos? THE WITNESS: Yes, sir. Q. (BY MR. BOBKO) How does that work? A. The position I'm in right now is an 18 -- 18-month position, and prior to that I was a station directive here at Rancho station. Q. Okay. So you took this job in July? A. July_ Q. Okay. And the gentleman who had the job before you -- I believe a sergeant who worked in your position before you; is that correct? Was it a sergeant? A. No. There was another corporal, but I just speak to the deputies that were assigned to the SOP division before -- 4• Okay. A. -- that indicated that this was one of the 139 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P406 Nuisance P.batement Hearing 1 2 3 4 5 6 7 B 9 10 11 12 13 19 15 16 17 16 19 20 21 22 23 24 25 neighborhoods that they had SOP projects at. Q. Okay. And what have you heard? What is your impression, if you will, of the neighborhood? Is there anything specific that you've heard or that you're aware of in your capacity as a POP officer -- an SOP officer? A. Basically that there's -- there's neighbor disputes involving Carlos Herrera harassing the neighbors, threatening the neighbors, whether it be driving by a house and verbally threatening them to there was a physical assault last year with one of the neighbors. 4• Okay. Okay. And looking at the -- at the calls for service, the summary sheet that you already directed our attention to, can you -- do you know why the calls for service have -- have somewhat declined over time here? Do you have -- do you have any opinions ~ about that? A. I was advised that Mr. Herrera moved out of state this year, and since he moved out, the calls for service have definitely decreased and are more normal for a neighborhood like that. MR. BERNARD: Just for the record, can you just 190 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P407 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 show us where you're looking at? MR. BOBKO: You're looking at 2005. MR. BERNARD: Okay. Okay. So when you -- may I just get an explanation? MR. BOBKO: Of course. MR. BERNARD: You said the calls for service have diminished since Mr. Carlos Herrera moved out of the area? THE WITNESS: Decreased. MR. BERNARD: Diminished/decreased. THE WITNESS: Yeah. Okay. MR. BERNARD: Just show me on -- so from what to what just using the graph. THE WITNESS: Right here, if you go here (indicating). Well, here that one went up, but you see how it's like -- MR. BERNARD: Well, I mean, what area are we referring to in this -- THE WITNESS: The calls for service. MR. BERNARD: -- in this case? Are all of these streets in the area of this neighborhood? THE WITNESS: No. This is a comparative neighborhood. MR. BERNARD: Okay. The neighborhood that we're 141 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P408 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 talking about is what -- you're calling it what? THE WITNESS: I just -- MR. BERNARD: No. You're calling what? THE WITNESS: Mount Ritter, Mount Palomar, and Eagle Peak. MR. BERNARD: Okay. THE WITNESS: And then the comparative neighborhood was Mount Bend, Mount Moriah and Mount Jefferson. MR. BERNARD: So in 2008 for Mount Ritter, the calls were 17? THE WITNESS: Yes. MR. BERNARD: What is "CFS"? THE WITNESS: Ca11s for service. THE HEARING OFFICER: Ca11s for service. MR. BERNARD: And "DRs"? THE WITNESS: Those are reports that deputies I drew. MR. BERNARD: Okay. So there were 17 calls for service in 2006 in Mount Ritter, 19 in Mount Palomar, and 18 in Eagle Rock? THE WITNESS: Right. MR. BERNARD: In 2008? THE WITNESS: Yes, sir. MR. BERNARD: Okay. Okay. I understand. Thanks. 192 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P409 Nuisance AbatementHearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE HEARING OFFICER: Forgive me. I just want to clarify and make sure that I heard this correctly. The first three streets, Ritter, Palomar, and Eagle Peak, refer to these streets; right? So they're all associated with this neighborhood? THE WITNESS: Yes. THE HEARING OFFICER: And the next three were the comparative neighborhoods, three other streets that are more on less the same, just not on this -- THE WITNESS: Right. It's actually like a mirror neighborhood that's just east of there, I believe it was. THE HEARING OFFICER: On the other side of Hillview or something? THE WITNESS: Yeah. And it just has like the same, you know, where the cul-de-sac, the same type of -- THE HEARING OFFICER: Same type of arrangement. i THE WITNESS: -- configuration. THE HEARING OFFICER: So the total of 102, 87, and 65 in this four-year period relates -- compares to 24, 22, and 20; is that right? THE WITNESS: Correct. THE HEARING OFFICER: Thank you. 143 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P410 1 2 3 9 5 6 7 8 9 to 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 Nuisance Abatement Hearing MR. BOBKO: If I may, at the bottom where the total is, the actual total is 321/41. THE HEARING OFFICER: There we go. THE WITNESS: 320 is -- THE HEARING OFFICER: Well, no, because the 320 is the calls for service, and the 41 is -- so it's the total of everything, but of the 320, 102 and 87 is 189, and 65, whatever that is, 1 -- 250 -- MR. BOBKO: That's why we're lawyers. THE HEARING OFFICER: I'm sorry. 254; is that right? THE WITNESS: Right. THE HEARING OFFICER: -- out of 320 is -- THE WITNESS: Right. THE HEARING OFFICER: -- this neighborhood. MR. BERNARD: And you're saying the calls decreased from 'OS to 'OB, according to your graph? THE WITNESS: Well, it looks like they went up in 2006. It looks like a lot happened, and then it went I down again. MR. BERNARD: Now look at 2008. In 2005 there were 20, and in 2008 there were 17; right? THE WITNESS: 20 on Mount Palomar and 14 in 2008. MR. BERNARD: And nine on Mount Palomar in 2005, and they went up in 2008; correct? 144 I DIANNE JONES & ASSOCIATES, APC 310.972.9882 P411 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 THE WITNESS: Well, yes. MR. BERNARD: Okay. And in Eagle Rock, there was 17 in 2005, and they went up one in 2008? THE WITNESS: Yes. MR. BERNARD: So when you said there was a decrease, where is that reflected in here? THE WITNESS: I was looking at it overall through -- through the years prior to 2008. If you -- if you count up all the calls on Mount Ritter, they've gone -- if you look at the average, it looks like it's decreased. MR. BERNARD: Okay. THE HEARING OFFICER: And -- I'm sorry -- I'm going to interject once again. I'm a little unclear how the numerical data in the chart below compares to the graph data above, because if I'm totaling the first three numbers -- let's say -- let's take 2008, 17, 14, and 18 is 32/49, but I see 67 in the graph above, so is there something included in the graph that's different from the numerical data down below? MR. BOBKO: Well, the graph above is the total for all six of the streets? THE WITNESS: Yes. THE HEARING OFFICER: It's for all six of the streets? 195 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P412 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Nuisance Abatement Hearing THE WITNESS: Yeah. THE HEARING OFFICER: I got it. Thank you. Got I it. THE WITNESS: There should have been a graph instead maybe, you know, comparing the two. THE HEARING OFFICER: The trend data for -- yeah -- separately. Okay. So the -- that just sort of shows a trend for the entire area as opposed to each particular neighborhood compared to each other? THE WITNESS: Correct. THE HEARING OFFICER: Okay. Thank you. MR. BERNARD: Okay. MR. BOBKO: I don't have anything else for you, corporal. EXAMINATION BY MR. BERNARD: Q. When you say from your speaking to other officers about the problems in the neighborhood -- and we're talking about the neighborhood concerning the three streets, you said Carlos Herrera threatening neighbors. Did you also hear or investigate or look at reports that had Mr. Santa Cruz threatening or causing 196 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P413 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 Nuisance Abatement Hearing neighborhood problems? A. No. They didn't speak to me regarding that. Q. But did you ever look at any reports concerning the restraining orders taken out against Mr. Santa Cruz? A. No. Q. Were you aware that there were any? A. No. Q. Okay. So this is news -- new news to you? A. Yes. Q. Were you aware that Mr. Santa Cruz fired a paintball gun at my client's vehicle and a police report was made? A. No. Q. This is news to you? A. Correct. Q. So the information that you have that only Carlos Herrera was threatening neighbors is based upon conversations with police officers? A. Yes. Q. Not your own independent investigation? A. No. ', MR. BERNARD: All right. Nothing further. MR. BOBKO: Thank you. THE WITNESS: Uh-huh. 147 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P414 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. BOBKO: Unless you have something else. THE HEARING OFFICER: No. Thank you. MR. BERNARD: Now, I understand that you have no other witnesses to call, but there are a couple declarations that you want to have received? MR. BOBKO: Correct. MR. BERNARD: And so do you want to identify those, and then I have some comments to make, and then I think that you're done; is that right? MR. BOBKO: That is correct. MR. BERNARD: Well, I'm going to try to get us out of here. MR. BOBKO: I -- the declarations are all of the declarations and other information that was included with the City's nuisance abatement brief, and the declarations are going to the -- the governing code provision. MR. BERNARD: I just wanted just to have names so I can just have a brief discussion. MR. BOBKO: The names are Santa Cruz -- ~ THE REPORTER: I'm sorry. Santa Cruz -- MR. BERNARD: The one's that haven't testified. MR. BOBKO: Okay. Pusateri -- MR. BERNARD: Pardon me? MR. BOBKO: Pusateri -- Karen Pusateri. 198 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P415 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 MR. BERNARD: Right. MR. BOBKO: Sergio and Terri Martinez. MR. BERNARD: There are -- are there reports in here from Martinez? What numbers are those? I didn't see those. I must have missed those. THE HEARING OFFICER: I don't think I have those either. MR. BOBKO: Okay. THE HEARING OFFICER: We have two Galindos. MR. BOBKO: Right, Leticia and Lizette Galindo. MR. BERNARD: Right. MR. BOBKO: Okay. Perhaps I didn't include those. THE HEARING OFFICER: And I've got Pusateri. MR. BOBKO: Okay. Then that is it. MR. BERNARD: Okay. MR. BOBKO: So there are no other. But I wanted to make clear that the governing ordinance states that the hearing procedure, Section A-5, general provisions, all written evidence shall be signed and dated by the person submitting same and that each party -- and this is all in Section B-1, each party may call and examine all witnesses, present evidence, rebut any evidence presented by the party, and be represented by anyone the party may chose. B-2, all relative evidence shall be admitted 199 DI ANNE JONES & ASSOCIATES, APC 310.972.9882 P416 Nuisance Abatement Hearing 1 2 3 4 5 6 7 B 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 and considered by the hearing officer whether such evidence be oral or written. Irrelevant or repetitious testimony may be excluded by the hearing officer. So to the extent that these individuals were unable to attend today or give live testimony, it's still our position that the oral -- or that the written declarations still suffice as -- as evidence that the hearing officer can consider. MR. BERNARD: Okay. MR. BOBKO: Okay. MR. BERNARD: I don't agree with it, but so be it. We're talking about Pusateri, Martinez -- I'm sorry, Pusateri and the Galindos. MR. BOBKO: That's correct. (Exhibits 4, 5, and 6 were marked for identification.) MR. BERNARD: Okay. Okay. So may I comment on -- MR. BOBKO: I guess at this point the City rests its case in chief. THE HEARING OFFICER: Okay. MR. BERNARD: I just want to point out that in the Galindo declaration she blames my client, Carlos Herrera -- doesn't mention Joseph Herrera, but blames him for everything including their divorce. She does not live at the residence and has 150 DIANNE JONES & ASSOCIATES, APC 310.472.9682 P417 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 16 19 20 21 22 23 24 25 not lived there for some time, so this information is very stale. Her daughter, Lizette, basically mirrors what her mom's saying about this thing we're talking about back in 1993 up and to 1998. We're talking about seven or eight years ago. And I'd like you to consider that this is very, very stale information for what happened years and years and years ago. I mean, at some point we have to say, you know, what are the present circumstances within the last couple of years and look at -- and look at that information. And -- and it's -- with the Pusateri, which, I think, is Exhibit T_ THE HEARING OFFICER: She's the one with the wall; right? MR. BERNARD: Yeah. She does not mention Joseph Herrera at all, and -- and makes certain allegations when she says "Herrera." I assume she's referring -- I make this assumption because she doesn't distinguish, and because I'm looking at the dates it would have to be Carlos Herrera. This is a -- the person whose house was 151 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P418 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 graffiti'd, and, again, this is very, very stale information, except for Mr. Herrera's threat to call the police and calling the police on September 16th, 2006. And that's all I have to say with these declarations, that they're old, they're stale, and they're blameful to an unreasonable extent, and my client's wife, that is Jennifer, ended up purchasing the Galindo residence. THE HEARING OFFICER: Uh-huh. MR. BERNARD: So -- okay. THE HEARING OFFICER: That's 6422; right? MR. BERNARD: Yes. THE HEARING OFFICER: Uh-huh. MR. BERNARD: I'm going to call briefly then Joseph, probably Jennifer, and then her daughter, and I think that that's about it. MR. BOBKO: Okay. MR. BERNARD: So let me go get them. (Recess taken.) /// /// /// 152 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P419 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 JOSEPH HERRERA, called as a witness, having duly stated under penalty of perjury, was examined and testified as follows: EXAMINATION BY MR. BERNARD: Q. State your full name for the record. A. Joseph Herrera, H -- H-e-r-r-e-r-a is the proper spelling on the last name. Q. What is your relationship to Carlos Herrera? A. I'm his brother. Q. All right. Where do you presently reside? A. I reside 6416 Eagle Peak Place. THE REPORTER: 6416? THE WITNESS: Eagle Peak Place. THE REPORTER: Try to keep your voice up for me, please. THE WITNESS: Sure. THE REPORTER: Thank you. 4- (BY MR. BERNARD) And how long have you resided there? A. It's been about a year now. Q. Do you have any financial interest in the 153 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P420 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 properties that are the subject of this abatement hearing? A. Yes, I do. Q. What is that? A. I have a vested interest on all three properties. Q. When you say a "vested interest," what do you mean by that? A. I have invested about $170,000 in all three properties. Q. Okay. MR. BOBKO: I'm sorry. I didn't understand that. MR. BERNARD: I invested about 170,000 on all three properties. Q. (BY MR. BERNARD) And so these are investment properties? A. Yes, they are. Q. All right. And you're partners with -- A. Mason, Jennifer Mason. Q. Okay_ And were these properties, while you were an investor, ever on the market, when you were an investor? A. No. Q. Okay. And they're not -- they're not on the market now for what reason? 154 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P421 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 A. Well, as we all know, real estate has really taken a major decline, so -- Q. All right. A. -- we're hopeful to have it go back up, and then we can have a better situation. Q. All right. How long have you lived at 6916? A. About a year. Q. And who do you reside there with? A. My wife and my five children. Q. All right. How old are your children? A. I have a 13 year old, I have an 11, I have a nine, and I have a seven and a six. Q. You've got your hands full. A. My wife does. Q. And what is your occupation, by the way? A. I'm an independent contractor. I work with lawyers. I'm a registered process server, a certified photocopier. I also do bail bond work. Q. Okay. Do you work for a firm? A. Yes, I do. Q. What's the name of that firm? A. Professional Lawyers Group. Q. Where are they located? A. They're in San Bernardino, California. Q. A11 right. 155 DIANNE JONES & ASSOCIATES, APC 310.972.9882 - P422 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 THE HEARING OFFICER: I'm sorry. Professional -- THE WITNESS: -- Lawyers Group. 4- (BY MR. BERNARD) There have been some witnesses who have testified, at least -- well, yes. There has been two witnesses that have testified, and I want to give you their names and ask you some questions. Do you know who Patricia Dickinson is? A. No. I can't say that I have ever met the lady. 4. All right. Look at the map there. See it says 114 07 Mount Ritter Street? A. Yes. 4. That's one, two -- that's three houses from your residence; correct? A. Yes. 4. Okay. Do you know of the woman that lives there? A. I have seen the lady, yes. 4• All right. She testified -- well, let me ask you. Have you ever made any threats to her? A. No. I've never really talked to her. 4. All right. Have you ever stared her down, so to spe ak? A. No. I don't think I've ever stared anybody 156 u1ANNE JONES & ASSOCIATES, APC 310.472.9882 P423 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 down. 4. Well, no. I'm asking you specifically. Do you recall ever staring her down? A. No, I don't. 4. Okay. A. I never have. 4. You never have. All right. She testified that on two occasions -- and I believe she said in the last seven months -- you were standing near the front of your house and in a somewhat of a bent position stared at her in a menacing way. Do you deny doing that? A. Yes, I do. Q. A11 right. A. I'm sorry to hear that. 4. All right. We also heard from the complaining witness by the name of Mr. Santa Cruz. And you know what that is; correct? A. Yes. 4- All right. And he testified that there were two occurrences involving you. One is that you flipped him off, and he said -- he admitted to flipping you off. And I thanked him for being honest. 157 DIANNE JONES 6 ASSOCIATES, APC 310.972.9882 P424 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 Do you remember that incident? A. Yes, I do. Q. All right. Was that months ago or years ago? A. Months ago. Q. Okay. And then he talked about one other incident. He said he was with his wife, and he was driving on Milliken, and I can't remember the other street, and that you cut in front of him and wouldn't let him proceed. Do you -- and this was three or four months ~ ago. Do you remember that incident? A. Yes, I do. Q. Okay. Can you tell us what happened? Te11 your version of what happened. A. I had left my house, and I got up to the Vintage Drive Street traveling in a westerly direction -- it's not shown in this illustrative map -- which interests with Milliken, which Milliken runs north and south. I was at the light. It's a one-lane area there. Q. A one-lane left turn or just a one-lane -- A. It's just a one-lane. Just a one-lane 156 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P425 1 i 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 Nuisance Abatement Hearinq street. Q. Okay. A. Opposite direction of course you can travel. But the direction I was traveling intersecting with Milliken is a one-lane street. I was there stopped at the red light, and here comes this white little truck, which happens to squeeze right in between my left side in opposing traffic, and of course I'm familiar with the Santa Cruz vehicles because I always tried to avoid them well. Q. Well, we'll get into that. A. Okay. At that particular moment he was on the passenger side and a lady was driving this -- this truck. The light was red. The light turned green. Of course my -- my intentions were to make a left-hand turn, but I couldn't make a left-hand turn as he continued forward, so as he continued forward, instead of me going directly across Milliken, I attempted to turn my car to the left as he also made the same -- or ~ she -- the lady driver was making the same movement. And so we kind of both rolled into a left-hand turn motion, and as we got down to the next light, which is intersecting with the on-ramp and off-ramp of the 210 freeway, we got to that red light. 159 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P426 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 Nuisance Abatement Hearing We stopped. I believe he started taking pictures. I remember through the tinted windows he had some sort of object in his hand, and it appeared to be like a camera. Q. All right. A. So I said, great. So I continued on forward, and then I cut in front of his car, not to cut him off, but as a lane change, because I was going to get on the freeway traveling eastbound, because I was headed to the office. And as I got on the freeway and went on my way, and that was the extent of it. Then that evening my wife was contacted by a sheriff officer who was at the front door inquiring about me. She then got on the phone with me. I got on the phone with him, and I made him aware what had happened, and that was the extent of it. 4. Okay. Those are the only two incidents that Mr. Santa Cruz testified with regard to your involvement with him. Have you had other situations with Mr. Santa Cruz where -- you mentioned earlier that you avoid going up the street that way. Can you talk about some of those instances. A. Yes. If I may use this map as an 160 DIANNE JONES & ASSOCIATES, APC 310.972.9862 P427 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 illustration. Carnelian Elementary is about in this area here (indicating), and as I live here (indicating) -- Q. Referring to the right side of the map? A. Correct. It's in a northerly eastern direction here where my boys -- three of my boys go to school. My wife, of course, wakes up every morning and she leaves the house and makes a left-hand turn and travels this direction (indicating) and bypasses his house. Well, there's been confrontation with my wife to the extent where she called me immediately after he kind of runs out of the driveway, eggs her on. He almost runs into the middle of the street sometimes like does one of these gestures (demonstrating), flips her off. Q. Wait. The gesture meaning putting his hands out in front of him and -- A. Almost like egging her on, almost like antagonizing her physically. Q. Okay. Other than your wife telling you that Santa Cruz did this to her, were you ever a witness to this? A. Yes. 161 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P428 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Okay. A. I have been in the car driving when he has done that. Q. All right. So in the last 12 months, or prior to that? I'm just trying to get some times. A. Yeah, within the last 12 months. Q. Okay. Can you tell us an instance where this occurred? A. This has happened with her several times -- Q. And then you? A. -- and then with -- and then with me it has happened because I would usually go out this way (indicating) because it's shorter than to go all the way around like this -- Q. Right. A. -- and then back over here (indicating), especially in today's gas prices. Q. Right. A. And I drive pretty guzzling type of vehicles -- gas-guzzlers. So I -- I -- the last attempt, which was -- there was probably like three attempts that he has done that with, where I will come out, and I usually leave the home pretty early, and I think he's in 162 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P429 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 construction, and the majority of the time he's out in the garage maybe gathering things for his truck, and he has a camera on the rooftop, but he has it in such an angle where if he does certain movements that camera is not going to capture him. So, I mean, I'm kind of a pretty smart guy, so I know that if I stop to talk to him or anything, he's going to say something completely totally different. So I just keep on going. I just keep on going. I ignore him. I just keep on -- I just make sure my window is rolled up so he doesn't throw any objects over, whatever the case might be, if he 'attempts to do something of that nature, and I just keep on going. So there's been about three occasions outside of these two situations that he has actually stated. There's been like three or four occasions that he has done that personally with me. So what I do now -- 4• Wait. Wait. Tell us what he's done. A. He's actually -- there was two occasions where he was in the back of his utility truck and almost kind of like on a -- on a -- he was kind of stooped down above or behind the cab, and I almost 163 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P430 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 it 12 13 19 15 16 17 18 19 20 21 22 23 29 25 think it was kind of like deliberately because he -- it's like getting in the back of your pick-up truck and -- and stoop behind the cab that's facing forward, and he would then jump off the truck, come running out almost into the middle of the street and kind of like hop. And then, of course, with all of this he's screaming and hollering and flipping me off, and I just -- I just really just keep on going. Now what I did is, I basically just go around this way (indicating), and I completely avoid even going down this street (indicating), because, as you can see, he still has angulation, and many times he stands here and flips us off as we go completely around. So now what we do is we go completely around this way (indicating), which loops around here -- Hillview loops around here and ends up over here on Vintage Drive (indicating). Q. When you keep saying "over here," what you're really referring to is you're just taking us off the map to a place to the right of Kettle Peak Place; correct? A. Yeah, Kettle Peak Place and Mount Palomar, so I completely go -- I leave my house and go down 164 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P431 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 Eagle Peak, and then I go down Mount Ritter, which takes me out to Hiilview Loop, and instead of going in a -- in a northerly direction, I then travel east on Hillview Loop, which then takes me all completely around into Vintage Drive which goes east and west. Q. Okay. Have you personally witnessed any altercation between your brother -- between Carlos and Mr. Santa Cruz? A. Yes, I have. Q. Okay. And when was the last time? A. I would say probably a couple years ago. I I -- Q. When you say a "couple," do you mean -- A. We're in '08 so -- ' 4. -- 2006 or 2007? A. Yeah, 2006. Around 2006 I used to live in a house that we also own up here on Mount Baxter, which is around this area right here (indicating), right before Vintage Drive. It's like the next block over Mount Palomar. 4• Is that the house that's now being rented by the -- A. Mr. Barber. 4• -- civilian officer? A. Correct. He's a dispatcher for the Ontario 165 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P432 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 29 25 Police Department. Q. Okay. So you lived in that house? A. I lived in that house for approximately about a year. Q. Okay. And what did you observe with Joseph -- I mean Carlos? A. The house was in renovation status, and so I was kind of fixing it along with Carlos, and many times he would come over. We'd pick up stuff, and then drive down this way (indicating), and many times -- meaning drive down -- Q. Mount Palomar. A. -- Mount Palomar. So we would leave Mount Baxter with stuff in the truck to come back to Eagle Peak because the majority of the stuff stayed at this garage (indicating). And we would come down here, and I would -- many times Mr. Santa Cruz would react in the same fashion that he would -- that he has done with me personally. He would actually, you know, run out to the middle of the street almost as if to, you know, attempt to, you know, scare us or something. And I'm -- I'm a little bit older than my 166 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P433 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 brother, a little bit more calm, cool, and collective, and I understand a little bit more of how you can get yourself in a, you know, heap of trouble by just simply doing something wrong or being in the wrong place at the wrong time or just extending yourself to a little area where you shouldn't be at for whatever reason. And I just -- I just always told him, hey, keep your cool. Relax. Just keep on driving. It ain't worth it. And so that's been probably maybe, you know, a couple times, three -- two to three times that he -- treat I have experienced that with -- with actually Carlos and Mr. Santa Cruz. 4• Okay. A. Outside of that, I try to just, you know, keep myself away from that area -- Q• Okay. A• -- to be perfectly honest with you. 4• Have you have -- have you harassed or done anything to anyone in this area, you personally, in the last four years? A. No, I haven't really. I -- 4. Have you -- have you had any altercation with anybody where the police had to come? A. Yes. 167 DIANNE JONES & ASSOCIATES, APC '310.472.9862 P434 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 Q. When was that? A. One of my children -- Q. Just what year. What year? A. This was -- we're in '08. This was '08. Q. Okay. A. This was about probably February/March. The - - my -- three of my children are step-kids. They're nonbiological by virtue of my marriage. Q. Right. A. I allowed recently the dad to come visit two of the younger kids, who he has never really cared for since they were born. I'm just that kind of guy. Hey, get to know ~ your dad. So one day he was very aggressive, the dad this is, of one of my little step-kids. He was very aggressive, and -- and I said, "Look, you have to leave. You know, can't -- you just -- you have to leave. You can't just aggressively say that you're going to come in the house because you want to see the kids, and you want to see them now regardless of who I am." And he said, "I ain't leaving. I ain't leaving whatsoever," and he made an attempt to come 168 DI ANNE JONES & ASSOCIATES, APC 310.972.9682 P435 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 into the house forcefully, and as he made an attempt to come into the house forcefully, I extended my arms out and said, "No. You're not coming into the house." And then he just ran out, called the cops and said that, you know, I kind of punched and what have you. Q• And what -- what did happen? A. And a police officer came over, and I chatted with him for a little bit, and then he went outside and chatted with the fellow and said, "Well, you know, you can't come over here if he doesn't want you on his premises, and if you need to deal with the matter, then you need to deal with a divorce attorney to get the custody and the -- the orders to be able to come here and pick up the kids." Q. Okay. Other than that incident that had nothing to do with anybody in the neighborhood, have you ever had any incidents with anybody in the neighborhood other than Mr. Santa Cruz? A. No, never have. 4• Okay. A. Never have. 4• And you know your neighbor that lives at 6916; correct? A. 6416 is where I'm at. 169 DIANNE JONES & ASSOCIATES, APC 310.972.9682 P436 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 4• I'm sorry. 6422. A. Yes, Mrs. Hunter. She's a very nice lady. 4. A11 right. Have you personally had any problems with anybody in your -- along that block, Eagle Peak, other than the issues that you had with Mr. Santa Cruz? A. No, I have not. Q. Okay. And you didn't witness any of the incidents that resulted in Carlos's arrest involving the baseball bat? A. No. I wish I would have been home that day. I was out having dinner when his wife called me and informed me of what had just occurred. MR. BERNARD: Okay. Just one second. I think I'm through. THE WITNESS: And on that incident, I was living on Mount Baxter. MR. BERNARD: Nothing further. EXAMINATION BY MR. BOBKO: Q• You don't know who Patricia Dickinson is; do you? A. I'm sorry? 170 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P437 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 Q. You don't know who Patricia Dickinson is; do you? A. Well, I do now. Q. From today? A. Yes, from today. Q. Okay. You don't know who Sergio Martinez is; do you? A. Yes, I do know who he is. Q. From today? A. No. I knew who -- I know of him. Q. Okay. Have you ever spoken to him? A. Yeah. When we -- when my brother used -- when my brother first moved into that house, we knew of Sergio and his wife. We actually had, you know, conversations. We were friendly people with each other. Q. Sergio has -- did Sergio have any -- Sergio doesn't have any reason to lie about you though; does he? A. I have no idea. A lot of people do weird stuff in the world. Q. How about Terri Martinez, do you know her? A. Terri Martinez, his wife? Q. Yes. A. I don't know -- I know of her. I've never 171 DIANNE JONES 6 ASSOCIATES, APC 310.472.9882 P438 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 really met her. Q. Okay. How about Leticia Galindo, you don't know who she is; do you? A. I believe she is a -- she used to be a homeowner that used to own 6422 12 years ago. Q. Do you know what she looks like? A. I could maybe guess at it -- Q. Okay. A. -- if I was to see her. Q- How about Lizette Galindo, do you know her? A. That's her -- her daughter. Q. Okay. Have you met her? A. I used to -- yeah. At one point in time, I did have, you know, introduction with them and her husband. Q• Why would you know her or her husband? What were you -- what would you be doing at their house? A. I wasn't never at their house. They were neighbors with my brother's. Q• Okay. How often do you talk to your brother? A. Pretty often. He's my little brother. Q- Do you talk to him every day? A. No. I probably maybe talk to him, five/six 172 DIANNE JONES & ASSOCIATES, APC 310.472.9682 P439 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 times out of the month. Q. Okay. when's the last time he was in town? A. Probably like two weeks ago. Q. Did he come see you? A. No. He's not allowed to come there. Q. Okay. Did you go visit him? A. Yes. Q. Okay. Where did you visit him? A. At my dad's house. Q. And that's in Upland? A. Correct. Q. Why do you move around so much? A. I'm sorry? Q- Why do you move around so -- A. I don't understand the question. Q. You have identified at least three different -- MR. BERNARD: Objection. It's argumentative. Q. (BY MR. BOBKO) Do you move around a lot? A. I don't understand the question. Q. Do you have a lot of different residences over time? MR. BERNARD: Objection. Relevance. THE HEARING OFFICER: I'll let it go for a minute. Q. (BY MR. BOBKO) Where did you live -- 173 DZANNE JONES & ASSOCIATES, APC 310.972.9882 P440 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 A. If I move around a lot? Well -- Q. Did you live at 7201 -- MR. BERNARD: Let him answer the question. MR. BOBKO: Go ahead. MR. BERNARD: You said -- well, you can answer. THE WITNESS: Are you referring to living on Mount Baxter and living on Eagle Peak? MR. BOBKO: Uh-huh. THE WITNESS: They're vested-interest properties. Q. (BY MR. BOBKO) Well -- and you said that you spent $170,000 with -- with Ms. Mason to get some interest in those properties? A. Yeah, we -- correct. Q. Okay. So the only reason that you live in 64- -- or -- I'm sorry -- 6922 is because -- THE HEARING OFFICER: -16. Q. (BY MR. BOBKO) -- -16 -- I'm sorry -- is because you have a vested interest in that home? A. And because my little brother had -- was forced out of town, and so it's hard to put renters in a house that are going to take care of the house, so I took the option to move into the house. 4• Okay. You have a number of liens against you right now; don't you? MR. BERNARD: Objection. Relevance. 174 DIANNE JONES & ASSOCIATES, APC 310.472.9682 P441 Nuisance Abatement Hearing i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR_ BOBKO: This is absolutely relevant_ MR. BERNARD: Argumentative. MR. BOBKO: It's not, because it shows the -- why he's got to live in the house there and why he can't move away. MR. BERNARD: What's the -- THE WITNESS: That's not true. MR. BERNARD: No. Wait. Wait. What's the difference whether he can move away or not? MR. BOBKO: Well, it also goes to credibility. What we're talking about here is somebody who's telling us that he moves from house to house and has to live at this particular house because they can't rent it for some reason. When, in fact, the reason that he's living in the house is because he's got a number of liens against him, and I haven't seen any documentation to show that he has any interest in any of these properties. It all goes to credibility. MR. BERNARD: I think it's all irrelevant. THE HEARING OFFICER: I'll -- I'll let him go, and I'll take it for whatever relevance it may have. MR. BERNARD: Okay. Q- (BY MR. BOBKO) You have a number of liens against you with the state government; don't you? 175 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P442 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Taxes liens -- Q. Yes. A. -- yes. Q. Okay. And does that hurt your -- harm your ability to be able to move to properties that you'd have to show some credit for? A. No, it doesn't. Q. Okay. So if you go to -- if you go to buy a house now -- well, let's just go through these. Legacy Home Furnishings, you owe them about $2500 in judgment? MR. BERNARD: I'm going to make an objection here. What's the difference? THE WITNESS: Is my credit history being -- MR. BERNARD: One second. I mean, what does his credit history have to do with -- MR. BOBKO: It goes -- MR. BERNARD: He said he's got liens. He's admitted it. MR. BOBKO: Okay. You've got liens. THE WITNESS: Do you have a FICA -- a great FICA score, Counselor? MR. BERNARD: Wait. Wait. Please -- THE HEARING OFFICER: No. No. He's asking the 176 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P443 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 questions. THE WITNESS: Okay. THE HEARING OFFICER: This isn't an argument between you and him. THE WITNESS: Oh, okay. Because he's trying to find out why my FICA score is so screwed. THE HEARING OFFICER: I understand, but -- 4• (BY MR. BOBKO) Is it screwed? A. Well, yeah. I have liens and judgments. That doesn't really hold very well with FICA scores there, sir. MR. BOBKO: I don't need to ask you any more questions on that. That's it. MR. BERNARD: Okay. THE HEARING OFFICER: I have a couple questions actually, if I may. I'm Glenn Gottlieb. I'm the heaYinn officer. THE WITNESS: Hi. How are you? THE HEARING OFFICER: Nice to meet you. I gather there's -- this incident that you mentioned with Mr. Santa Cruz where you both flipped each other off, it sounds like there's kind of bad blood between the families, and maybe that includes 177 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P444 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 you. There's a little -- would you characterize it as kind of.bad blood between you and Mr. Santa Cruz? THE WITNESS: I really have nothing against Mr. Santa Cruz. I just feel that maybe he has a lot of animosity because of what has occurred with my little brother. Yes. That's probably a true statement that he probably doesn't feel very, you know, well about me. THE HEARING OFFICER: Because I'm -- and do you feel that you have animosity? I mean, usually -- I'm on the -- THE WITNESS: I really don't. THE HEARING OFFICER: Let me finish and I'll -- THE WITNESS: Okay. THE HEARING OFFICER: You know, when I'm driving around and somebody thinks I cut them off or whatever happens on the freeway, they flip me off. My reaction -- I don't know if I'm normal or not, but I just sort of ignore it. Let them go. In this particular incident, it sounded like you flipped him off too. I mean, it was mutual. I'm not -- so it sounds like it's a little bit mutual. Yes? No? THE WITNESS: No. THE HEARING OFFICER: Okay. So you don't have any 176 DIANNE JONES 6 ASSOCIATES, APC 310.972.9882 P445 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 feelings one way or another towards Mr. Santa Cruz? THE WITNESS: No. I really don't. No. I try to stay as clear as possible from him because I've -- I've heard of many of the things he's done. I've seen a lot of the actions and the way he's conducted himself, and I -- you know, I try to just steer myself from trouble. THE HEARING OFFICER: And have you heard of or do you know of any other incidents involving Mr. Santa Cruz and anybody else in the neighborhood besides these couple things with you and the -- the number of things with your brother? THE WITNESS: Yes. THE HEARING OFFICER• And can vnii rc~nro __ THE WITNESS: Sure. THE HEARING OFFICER: -- some of those? THE WITNESS: There's a lady that lives right here (indicating). She's a black lady, very nice lady. He's actually called her the "N" word many times, and then he's tried to apologize. She's come to us and said, hey -- THE HEARING OFFICER: Wait. Let me -- let me make sure I understand. You've heard him say that, or she's reported that to you? THE WITNESS: She's reported that to me. 179 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P446 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 THE HEARING OFFICER: Okay. So you've never heard him -- THE WITNESS: No. THE HEARING OFFICER: -- directly say that to her? THE WITNESS: No. THE HEARING OFFICER: Okay. So what I'm more interested in -- you've heard some of these things, but have you observed -- THE WITNESS: Second. THE HEARING OFFICER: Okay. THE WITNESS: Secondhand. THE HEARING OFFICER: Okay. THE WITNESS: Yeah. THE HEARING OFFICER: Thanks. MR. BERNARD: Okay. Nothing. I have a question that I'm going to call Jennifer Mason and her daughter. Z was going to call the daughter first really briefly for like five or ten minutes. Mom wants to know, because she's a minor, if she can come into the room with her. Her daughter is nervous. MR. BOBKO: I have no problem with that. MR. BERNARD: Okay. You're done. (Recess taken.) THE HEARING OFFICER: Thank you for your -- 180 u1ANNE JONES 6 ASSOCIATES, APC 310.472.9882 P447 Nuisance Abatement Hearing 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 JOSEPH HERRERA: No problem whatsoever. Thanks. Thanks. THE HEARING OFFICER: I wanted to ask, a number of incidents that have been reported here today did result in a police report, and I wanted to ask you, have you reported any of the incidents that have happened to the police? JOSEPH HERRERA: No, I haven't really. To be perfectly honest with you, I haven't picked up the phone and called my local law enforcement because, you know, it's no harm, no foul, you know. THE HEARING OFFICER: Okay. So they were disturbing. They weren't pleasant, but, in your mind, they didn't raise to the level of your needing to file a police report; is that -- JOSEPH HERRERA: Yeah. I wasn't in any threat or felt that I was needing to maybe document something. I just thought in all the things I've learned in life to just let it bounce off you. THE HEARING OFFICER: Fair enough. Thanks. Thank you for coming back. I appreciate it. THE WITNESS: Yeah. Sure. (Recess taken.) /// /// 181 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P448 Nuisance Abatement Hearing i 1 2 3 4 5 6 7 B 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 KRISTINA HERRERA, called as a witness, having duly stated under penalty of perjury, was examined and testified as follows: EXAMINATION BY MR. BERNARD: Q• Okay. Hi. A. Hi. 4• Who are you? A. Kristina Herrera. 4• Okay. Your dad is? A. Carlos Herrera. 4. Okay. And you used to live at 6916 Eagle Peak? A. Eagle Peak, yes. Q• All right. How long did you live there? A• I believe 16 years. THE REPORTER: You've got to speak up for me. I've got to be able to hear you. Okay. THE WITNESS: Sorry. MR. BERNARD: Actually, you can talk that way. THE WITNESS: Okay. 16 years, I believe. Q• (BY MR. BERNARD) Okay. And we're talking 182 ~iruvn~ JUNES & ASSOCIATES, APC 310.972.9882 P449 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 about incidents that occurred in your neighborhood involving your dad and Mr. Santa Cruz and yourself. A. Uh-huh. 4• Do you have a recollection of you personally having problems or being faced with problems -- dilemmas involving Mr. Santa Cruz? A. Yes. 4• And what sticks -- first of all, what time period are we talking about? Do you remember when it first started, or was it more than one time? A. It was more than one time, yes.. 4- Okay. Was it more than five times or -- A. Yes. Q• -- more than ten? A. It was multiple, multiple times, more than you can probably count. 4• Oh, really. Okay. And from what age -- you're 17 right now? A. Yes. 4• From what age did this start? A. To be honest with you, I think maybe it was when I was in middle school, so like seventh grade maybe, from what Z recall. Q. Seventh grade you would have 183 ulANNE JONES & ASSOCIATES, APC 310.972.9882 P450 Nuisance Abatement Hearing 1 2 3 9 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 been -- what? -- 11? 12? A. I think 11 or 12, one of those two. 4- Okay. A. I'm not good at remembering. Sorry. 4• Okay. And why don't you tell us what -- what you recall happening? A. I'd walk home from school with friends. He'd sit out there -- Q• Oh, you walk. What school did you go to? A. This school would be Osos -- Los Osos. 4• Los Osos, that was your middle school? A. High school. 4• Okay. A. Do you want me to start at middle school? 4• Yeah, please. A. Okay. From middle school I'd walk from the bus stop, and we'd walk up the long way because we have friends that live higher than us, and we'd walk with them, and we'd walk past his house. Q• And you're -- "past his house," you're referring to Mr. Santa Cruz? A. Mr. Santa Cruz. 4• And he lives on Mount Palomar? A. Yes. 4• Look at that map up there. See that yellow 184 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P451 Nuisance Abatement Hearing 1 2 3 9 5 6 7 B 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 11436? A. Yes. Q. That's his house; right? A. Yes, that one. Q. And what would happen when he -- when you would walk past? A. He'd videotape me and my friends walking past. He' s said vulgar na mes to us. Q. Can you tell us some of the things he said to you? A. Do you want me to say them right now? Q. Yes. A. Oh, he's called me a bitch, a whore, a slut. He's calle d my friends fat whores, sluts, cunts. Just all stuff like that. He said many names to us. He spit at me many times. Q. Did he say anything about your dad? A. He's called my -- yeah. He's said stuff like, "Oh, your father's a pussy." "Tell your father to come down here." "What are you going to do with your father?" Other stuff like that. Q. Okay. And did -- this conduct that you're talking about, did you ever initiate it? Did you ever make fun of him or call him 185 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P452 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 29 25 names? A. No. I'd just walk right past him. Q. Okay. Did you ever call Mr. Santa Cruz names? A. No, never. I just walked past him and ignored him. 4• Okay. And -- and was this something that would happen once a week? Once a month? Once a year? A. Any time I walked by his house any time. It could be more than once in a day. Q. All right. And were you afraid of him? A. Yes. Q. And why were you afraid of him? A. Because I didn't know what he was aware (sic) of doing. He drank a lot. He called me names. Q. By the way, how did you know he would drink a lot? A. He had beers in his hands calling me names at times, and some incidents with my brother and me he'd be drinking, and from the reports from the cops they said he was drinking, so I knew by then. But I was afraid of him because I wasn't aware of what he could do, and by just picking on me when I was little, what he really wanted to do, his 186 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P453 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 intentions, I didn't know what they were. Q. When he would spit on you, where would you be? A. I'd be just walking down the street, and he'd come out of his driveway and come to like the end of the sidewalk or something and just start spitting, and I'd walk further to the other side, and he'd walk out a little more and then start spitting, so I just walked faster, just walk right past him. 4. Why did you go past his house when you would walk? What -- was there another way to go? A. There was this way (indicating), but -- Q. Indicating -- what? -- going around Hillview? A. Hillview, yes. But when I started coming home from high school, I walked down that way (indicating), and I'd walk that way (indicating), since I live right there (indicating), instead of walking all the way down and all the way back around. Q. All right. So you would take a risk then I of -- A. At that time, yes, and then after, I walked all the way around. 187 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P454 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 16 19 20 21 22 23 24 25 Q. When did you start walking all the way around to avoid Mr. Santa Cruz? A. Like eighth, ninth grade. Once in a while, I'd get tired of walking around, so I'd walk that way (indicating), and something would happen, and then I'd start walking back around. Q. Okay. And was that upsetting to you when he would call you -- A. Yes. 4. -- dirty names and spit on you? A. It was hurtful. 4. Did you ever cry? A. Yes. Q. Did you tell your parents about it? A. I told my parents every time it happened. 4• All right. Did you ever talk to police officers about it? A. I -- to tell my story, the side of story, yes, to tell. 4. And when was that? A. Any time something happened my parents -- I would go to my friend's, call my friend -- or call my parents from there. They'd come get me, and then they'd make a report -- 4. Okay. 188 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P455 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 A. -- and then I would tell what happened. Q. All right. So your parents would call the police a lot? A. Yes. Yes. Q. Okay. Every time that happened? A. Yes. Every time we -- Q. Did the police ever come to the house and talk to you? A. Once in a while, yes, they would come and talk to me. Usually to talk to my parents. Q. Okay. Did it ever stop until you moved? A. No. It never stopped until I moved. Q. Were you ever in the car with your dad when Mr. Santa Cruz would do something or say something? A. Yes. When we'd drive by he'd -- if our windows are down or something, he'd scream out stuff, and my dad would still drive by, but you could still hear it. 4• And what would he scream out? A. Just still whores, slut, your dad's a pussy, you're both going to hell, stuff like that. Q. And did this also occur with your mom sometimes when you were driving? A. It occurred more often with my mom. Q• And what kind of things would he say when 189 DIANNE JONES 6 ASSOCIATES, APC 310.472.9882 P456 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 29 25 you were driving with your mom? A. The same thing. You're a whore, you're a slut, your mom's a whore, and just the same accusations I said before. Q. Did you ever trespass onto Mr. Santa Cruz's property -- A. No. Q. -- or damage his property -- A. Never. Q• -- in any way? A. Never. I never even walked by the sidewalk by his property. Q. Were you ever -- you're finishing high school now? A. Yes. Q. What do you plan on doing? A. Going to college, and I think I'll do hair and make-up or something like that. MR. BERNARD: Okay. I don't think I have anything further. EXAMINATION BY MR. BOBKO: Q. Where's your dad today? 190 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P457 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 1B 19 20 21 22 23 29 25 A. My dad today? At my grandparents'. Q. Why isn't he here? MR. BERNARD: Objection. That's argumentative. MR. BOBKO: It's not. MR. BERNARD: She doesn't -- he's not required to be here. Q. (BY MR. BOBKO) Did he tell you why he's not here today? MR. BERNARD: Same objection. THE WITNESS: No. Q. (BY MR. BOBKO) Did he? A. No. Q. Okay. Did you talk about what you were coming to do today? A. With my mom, yes. Q. How about your dad? A. No. Q. Do you remember what the lady's name is who used to live next to your house when you lived at 6416? A. There's many people there. Q. The lady who used to live at 6912? A. Oh, that's on the left of us. Karen? Q. Yeah. A. Yeah. Q. And do you recognize that picture right 191 DIANNE JONES & ASSOCIATES, APC 310.972.9862 P458 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 there? A. Yes. Q. What is that? A. That is the wall on the side of our house, and that is 6416. Q. Did your dad ever tell you to throw the ball against that wall? A. No. Q. Did anybody ever tell you to throw the ball against that wall? A. No. No one ever told me to throw the ball. Q. Do you know who -- what -- whose house was on the other -- was on this side over here (indicating)? A. Yes, Karen. Q. Karen. ~ And do you know if that wall was part of her house? A. Yes. Q. Did she ever come out and tell you guys to stop throwing the ball, that you were knocking things off of her wall? A. No, never. Q. Did she ever complain that you guys would throw the ball up against the wall late at night -- 192 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P459 Nuisance Abatement Hearing _.,\ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 A. No. Q. -- and wake her up? A. No. No. Q. Why did you guys have to move? A. Because of everything that Santa Cruz was doing towards us and at the neighbors. Q. And -- and everything Santa Cruz was doing towards you. How did he make you move? I don't understand. A. By harassment. Q. So you moved away because Mr. Santa Cruz was harassing you? . A. Yes. Q. Tell me why you spray-painted that wall? A. I didn't spray-paint any wall. Q. You never spray-painted that wall? A. No, I didn't. Q. Your little brother didn't come out and spray-paint that wall with you? A. No. Huh-uh. I never spray-painted a wall. We never did. 4• Do you know where that wall is? A. Yes. That's the wall between 6916 Eagle Peak and the 6912. 193 DIANNE JONES fi ASSOCIATES, APC 310.972.9882 P460 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 Q. Did you know who spray-painted that wall? A. No, I do not know. Q. Did you ever notice that that wall was spray-pain ted like that and think, gosh, that's ugly? A. I noticed it, but I didn't know who did it. Q. Would you be surprised if I told you that the neighbors said that they saw you spray-painting on that wall? A. No, because t hey probably did it themselves and blamed it on us. Q. why would the y do that? A. Because they don't like my dad, Carlos. Q. So you think the neighbors spray-painted that wall and then they said that they saw you doing it? A. Yes, that could be it. Q. What else could it be? MR. BERNARD: Pardon me? THE WITNESS: I don't know. 4• (BY MR. BOBKO) No explanation for why they did that though? MR. BERNARD: She did give an explanation. MR. BOBKO: No. I'm asking. She just said she doesn't know. I said, there's no explanation why they would do that other than that they just don't like your 199 DIANNE JONES 6 ASSOCIATES, APC 310.972.9882 P461 Nuisance Abatement Hearing , 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 dad? THE WITNESS: That's my answer. MR. BERNARD: She said she didn't know. Q. (BY MR. BOBKO) That's the best explanation? So you deny having done that? A. I deny having done that. I did not do that. Q. Okay. Your little brother didn't do it? A. No, my little brother did not do it. Q. There's a back way to come from school, isn't the re, where you can walk around Baxter Street? A. Baxter -- Q. The street above. A. Oh, the street above, like a little short pathway? Q. Uh-huh. A. Yeah, but you'd still have to walk by Mount Palomar Street to get to my house. Q. I thought your house was down here (indicating)? A. My house is right there (indicating). Q. And isn't Baxter Street above? A. Yes. Q. So you never -- just never thought it would be good to take that back -- that back way around so you wouldn 't have to cross by Mr. Santa Cruz's house? 195 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P462 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. That wouldn't cross you by Mr. -- THE REPORTER: I'm sorry. "That wouldn't" -- THE WITNESS: That wouldn't lead to my house. There's houses in the way. You have to go past Mr. Santa Cruz's house. MR. BOBKO: Okay. That's it. Thank you. MR. BERNARD: I have nothing further. Thank you. (Recess taken.) MR. BERNARD: And last, but not least, Jennifer ~ Mason. By the way, there was one other exhibit that I forgot to introduce, and it's a police report -- an incident report 110510546, and it's a single-page report. And what it does is it reflects that both Carlos Herrera and Mr. Santa Cruz each reported the other violating their respective restraining orders and the facts behind those violations. So it's just an additional report and not a one-sided report. It's the mutuality of the relationship, and I wanted you to have that. (Exhibit 7 was marked for identification.) (Recess taken.) /// /// 196 DIANNE JONES & ASSOCIATES, APC 310.972.9682 P463 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 JENNIFER MASON, called as a witness, having duly stated under penalty of perjury, was examined and testified as follows: EXAMINATION BY MR. BERNARD: 4• Well, we're down to your perspective of this very disc ouraging situation between two families. Just for brevity sake, you lived in that house abo ut 16 years. Your daughter was correct? A. 15/16 years, yeah -- 4• Okay. A• -- approximately. Q• And why did you move from 6416? A. Because I was afraid. 4• Okay. And what were you afraid of? A. I was afraid of what Mr. Santa Cruz could do to my fami ly. 4• Okay. And you're presently living in Utah? A. Yeah. 4• In St. George and your mom lives there or your dad? A. I'm sorry. 197 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P464 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4• Do you want some water? A. Yes, please. I have family members that live in Utah. (Recess taken.) 4- (BY MR. BERNARD) Okay. I want to comment on why you're emotional. Why are you emotional right now? You've been through a lot with your family in this situation? A. (No audible response.} 4• All right. When did it -- is there -- is this about your family and the Santa Cruz family specifically? A. Well, I think there's other things involved, but specifically, yeah. The reason I left is for fear. 4. Okay. And during the course of living there for 16 years, were you ever a friend of the Santa Cruz family? A. No, I was not. I had seen them in the neighborhood, and I would wave hello and that's about it. 4• Okay. When did things start turning for your family? A- Mr. Santa Cruz would pick on other young boys in the neighborhood, and one -- I believe it was 198 ll1ANNE JONES & ASSOCIATES, APC 310.972.9882 P465 Nuisance Abatement Hearing .-~ 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 2005. There was a young man two doors down from us. He -- Santa Cruz had picked on this young man for several years, and his parents were out of town on a vacation in Hawaii. There was going to be a physical fight between Santa Cruz and this young man. Mr. Herrera stepped in to stop it. Q• Your husband? A. Yes -- 4• Okay. A• -- to stop it. 4• Okay. Was this a young man, a teenager or -- A. I believe he was still a minor. He might have just turned 18. He was just graduating from high school. Q• Did you observe this? Were you -- A• I heard it. I heard the argument, the screaming, the yelling. 4. Okay. A. And then Mr. Herrera came in and told me what had happened. 4• And what did he tell you? A. That Santa Cruz came barreling down the street with his wife and children in the car. His wife 199 ul ANNE JONES & ASSOCIATES, APC 310.472.9882 P466 Nuisance Abatement Hearing i 1 2 3 9 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 got out of the car -- MR. BOBKO: Okay. I'll impose a running objection to this. It's all hearsay, but... MR. BERNARD: I guess we're letting a bit of hearsay come in. MR. BOBKO: Hearsay's been the rule today. MR. BERNARD: Okay. THE WITNESS: Continue? MR. BERNARD: Sure. THE WITNESS: He came down the street with his wife and two children. His wife exited the vehicle with the two children and went home, headed home. There was a screaming match, which I could hear this screaming match. 4. (BY MR. BERNARD) What were you hearing? A. Yelling, swearing, and then -- Q• And was this between Mr. Santa Cruz and Mr. Herrera? A. No. Q• Who was this between? A. The young boy, Chris -- 4• Okay. A• -- and Mr. Santa Cruz. THE HEARING OFFICER: Forgive me. And you knew it was them because you recognized their voices or -- 200 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P467 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 THE WITNESS: Well, I could hear Mr. Herrera, of course. I recognize his -- Chris's voice, but Z wasn't quite sure -- I know -- I guess I would say I assumed it was Mr. Santa Cruz, because I know he had been causing problem with this young man -- THE HEARING OFFICER: But you didn't necessarily recognize -- THE WITNESS: -- prior. THE HEARING OFFICER: -- his voice or -- and you didn't see any of the -- THE WITNESS: I didn't see this happen, but I did -- when I stepped out of the garage, I did see Mr. Santa Cruz's truck and talking, and Chris, the young man, going towards the truck to -- there was going to be a fight obviously. There was -- there was anger. THE HEARING OFFICER: It looked like there was. THE WITNESS: He was going -- THE HEARING OFFICER: The emotions were charged. Is that what you're saying? THE WITNESS: Yes. Yes, sir. 4• (BY MR. BERNARD) What's the next thing that happened? A. Mr. Herrera stepped in, separated the two. Told Chris, "You're going to get in trouble. Your 201 DIANNE JONES 6 ASSOCIATES, APC 310.972.9882 P468 Nuisance Abatement Hearing 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 parents are out of town." You know, basically broke up the argument. Q. Okay. And you believe that that led to this altercation that ensued between Mr. Herrera and Mr. Santa Cruz? A. It was the beginning, yes. I believe it was. Q. Okay. And why do you believe that was? A. Because he stepped in and -- 4• "He" meaning Carlos? A. Carlos. There was a problem with two other young men on that street. In fact, their parents came to our home one evening and asked if -- because I stayed home, if there was any problems with their youngest boy coming home from school, would it be all right if he came to my home if he felt unsafe because they both worked outside the home. 4• Right. MR. BOBKO: Again, objection. It's all hearsay. THE WITNESS: No. That's what was said to me. I don't understand hearsay. THE HEARING OFFICER: That actually is hearsay. Good call. 202 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P469 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 4. (BY MR. BERNARD) What was the name of this family, do you remember? A. Sue and Mike. I don't have their last name, but I could find out. 4. Okay. Do they no longer live in the area? A. Yeah, they live there. I could -- I'm very kind of to myself kind of person and -- 4. Okay. A. -- I don't socialize that much. Q. All right. So when's the first event that occurred between Mr. Santa Cruz and your husband that you recall after this breaking up of this fight? THE HEARING OFFICER: When was that by the way? Could we get a time frame? THE WITNESS: I have things written down on my calendar from times that happened, so... THE HEARING OFFICER: Give me just approximately. Two years ago? Five years ago? THE WITNESS: Oh, no, about 2004/2005, several years ago. THE HEARING OFFICER: So about four or five years ago, something like that. 4• (BY MR. BERNARD) Okay. So then when's the next event that you recall that occurred between Carlos and Mr. Santa Cruz? 203 DIANNE JONES 6 ASSOCIATES, APC 310.972.9882 P470 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 A. There -- from then it just kind of soured. 4. Okay. What -- what would you observe that -- A. Flipping -- he's started doing stuff to the kids. 4. Okay. And when you say "he," you're meaning Santa Cru z? A. Mr. Santa Cruz. I'm sorry. 4• Okay. We've heard what Kristina talked about. I s -- is that the kind of things that she would tell you -- A. Uh-huh. 4. -- occurred? A. Uh-huh. Q "Yes"? A. Yes. 4• Okay. And were you ever with Kristina when Mr. Santa Cruz would be vulgar and -- A. Yes. 4. -- would say these things? A. He was vulgar to me several times. 4• Okay. Can you just tell us a little bit about the names he would say and do to you. What do you -- A. He would do vulgar gestures. 209 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P471 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Like what? A. You want me to show you? Q. Yes. A. This (demonstrating). Q• A triangle. A. And I didn't know what this means until the boys told me. Q. Okay. A. Flip me off, call me names. Q. What kind of names would he call you? A. What he called my daughter, whore, cunt, slut, and stuff like that. Q• Okay. Did you ever call him any names? A. No. I didn't say -- I would just ignore him, and would tell the kids, "Ignore him." Q. And when he said these horrible vulgar things to you, would you be walking or driving? A. Usually driving. I'd have my windows down when I used to drive, and then I stopped driving. I would drive all the way around. Q. All right. And from 2005 until you moved, was this something that would occur on a regular basis? A. Quite often, yes. Q• And were you afraid of Mr. Santa Cruz? A. Yes, I was. I was afraid of what he could 205 DIANNE JONES s ASSOCIATES, APC 310.472.9882 P472 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 do or what he would do to my children. He would instigate fights with my children, even my youngest son. 4. Okay. We'll talk about that in a minute. A. Okay. 4. Did you ever see Mr. -- or observe Mr. Santa Cruz drinking alcohol? A. I've seen with him beer in his hands, yes. 4- All right. And did you think that he was an alcoholic? MR. BOBKO: Objection. I don't think she has any grounds to make that determination. MS. JIMENEZ: I'm sorry. What was that? MR. BOBKO: I don't believe she has any grounds to make that determination. Certainly she's not -- doesn't have any kind of medical expertise. THE WITNESS: Well, his wife indicated he had a problem, so -- MR. BOBKO: That's hearsay. THE WITNESS: -- I don't know. 4• (BY MR. BERNARD) Do you know whether -- were you aware that he was arrested for driving under the influence? A. Z've heard that, yes. MR. BOBKO: I'll object that that's completely 206 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P473 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 it 12 13 19 15 16 17 18 19 20 21 22 23 24 25 irrelevant to anything in this hearing. MR. BERNARD: I think it's -- THE HEARING OFFICER: It doesn't matter. Go on. MR. BERNARD: You can take judicial notice of the conviction. 4• (BY MR. BERNARD) Okay. So this -- and did this escalate or this -- A. Yes. 4• -- abuse? A. Yes. Q. Okay. And did you ever trespass upon Mr. Santa Cruz's property? A. No. Q. You never called him names? A. No. Q. Did you ever throw anything at him? A. No. Q. Did he ever do this when you were with your husband? A. Yes. 4• And can you just explain a bit about what happened in that situation? A. He would like to do gun gestures and -- 4• Okay. When would he do gun gestures? A. Well, one specific time we were driving down 207 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P474 Nuisance Abatement Hearing ~ -. 1 2 3 9 5 6 7 6 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 Rochester. He was in a parking lot of a business. We drove by. He saw us and was sitting out there doing this (dem onstrating) and then laughed. Q. Taking his hand and -- A. Yeah, like that (demonstrating). Q• -- cocking it like a gun and then -- A. Yes, sir. Q. -- firing? A. He did that. And another time when me and the children were in the car, and he was following us. Q. So he actually followed you? A. Yes. Q. when was this? What year? A. This is 2006, September 10th. Q. And how do you remember that day? A. Because it stuck out in my mind. Q. You have a calendar that you've written all these dates down? A. Yes. I wrote things down. Yes. But this particular incident -- Q. And where were you when this occurred? A. We were driving -- my son was driving. You want me to give you details? Q• Yeah. A. My son was driving. He had a permit. 208 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P475 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 Myself and my two other children were in the back seat. We were driving down Haven to go to a furniture store. An officer pulled us over. I thought why. I asked him, "Did my son do anything wrong?" He was -- he was being very cautious because he doesn't have a license. He was on the permit. And he was quite surprised to see who was in the car. And he looked in the back seat and saw the two other children, and he said something about we had a report from Mr. Robert Santa Cruz that Mr. Herrera was following him and harassing him, and -- no. It was us in the car. I said no. He says, "Okay. We11, go ahead and go. Sorry, and be careful of the man. He's not all there and a little paranoid." MR. BOBKO: Objection. That's all hearsay. THE WITNESS: How is that hearsay? THE HEARING OFFICER: Don't worry about it. THE WITNESS: Just keep going? THE HEARING OFFICER: Just keep going. 4• (BY MR. BERNARD) So what you're telling us is that, according to the officer, Mr. Santa Cruz reported that Carlos Herrera was operating the vehicle that you were in with your son with a learning permit and following him? 209 DIANNE JONES 6 ASSOCIATES, APC 310.972.9882 P476 Nuisance Abatement Hearing 1 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 A. Uh-huh. Q. When, in fact, he was making gun gestures -- A. Well, that came later. Q. The same day or just -- A. Same day. Same day. Q. Okay. So then what -- so which came first? A. Being pulled over by the deputies. Q. Okay. Okay. And then when did the gun gesture take place? A. Well, after we were pulled over, I didn't know that that was Mr. Santa Cruz's truck. Somebody had stopped and allowed the deputy to merge in -- back into the traffic onto Haven and we merged in. The deputy made a left turn onto -- I think into this area (indicating), off of Arrow Route or before Arrow Route, and we continued on, and it was Mr. Santa Cruz following us down the street. And that's when he started doing -- he would reach down, and then he would -- he did the gun gesture. He did the vulgar sign, so we contacted the police. We called 911, and I told my son not to stop, to keep driving, and because we kept driving, I guess we were going in different cities, so they kept transferring us to different places. 210 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P477 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 We went all the way from here (indicating) to the 60 Freeway, where he -- we merged -- I told my son, jump on the freeway quickly, and he did, and Mr. Santa Cruz continued to go straight. Q. Okay. And were you afraid for yourself and your children? A. Yes. Z was afraid to stop. I didn't know what to do, and he was a new driver. He was -- I was afraid because I was telling him to go a little bit faster, try and make that light, and he would also stop. He even ran one of the red lights to go through to continue to follow us. Q. And this was in 2006, you said? A. Yes. Q. Okay. What about in 2007 and 2008, before you moved -- well, you moved in 2007? A. Yes, sir. Q. Okay. Did this conduct continue, this following and -- A. After September 10th, it stopped until -- it was very quiet, and my daughter didn't report anything. Sometimes she didn't like to say everything he did because she knew she wouldn't be allowed to go outside and she wanted to go outside, but she knew she wouldn't be allowed to. 211 I DIANNE JONES & ASSOCIATES, APC 310.472.9882 P478 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 29 25 So as far as I know, it was very quiet until June of 2007. Q. Okay. And you moved out when? A. August of 2007. Q. Okay. Were you home during the altercation with the baseball bat? A. Uh-huh. Q. Were you home that day? A. Yes, sir. Q. Did you -- did you observe any part of that? A. No, just the aftermath. Q. Okay. When you say "the aftermath," is that after the police came or before the police came? A. We11, Mr. Herrera was injured, and he came into the house and was injured and showing me his injuries. Q. So you -- you witnessed something that occurred after the fights had stopped? A. Uh-huh. Q "Yes"? A. Yes. Q. Okay. Did you ever witness Carlos Herrera threaten -- A. No. Q. Let me just finish. 212 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P479 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Oh, I'm sorry. Q. -- threaten Mr. Santa Cruz? A. No. Q. Did you ever witness Carlos threatening Mr. Santa Cruz's children? A. No. No. Q. Did you ever -- A. In fact, it's the opposite way. Q. Okay. And let's talk about that. You have two boys . A. Yes. Q. Okay. And one was -- their names are? A. Anthony and Jesse. Q. Okay. And they're here? A. Yes, sir. Q. Just for brevity sake, I was going to ask you, was there an altercation that sticks out in your mind between Mr. Santa Cruz and either one of your sons that you witnessed? A. Yes. Q. Can you -- first one, when did that occur? A. That was 2006, I believe. Q- Okay. And what happened? A. I received a phone call from my daughter that she was upset that -- she -- what she said was 213 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P480 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 Santa Cruz was trying to fight Anthony. Q. Okay. And Anthony at that time was how old? A. He had just turned 17. Q. Okay. And what did you do? A. I ran down the stre et to see what was going ~ on. Q. Where did you end up going? Look at the map. A. Not quite the front of Mr. Santa Cruz's house. I made it to about right here (indicating), and my son was walking towards home. Q. Did you observe anything involving Mr. Santa Cruz? A. I -- I -- yeah. He was screaming and yelling and -- Q. What was he screaming and yelling? A. Vulgarities again. You know, your mother's ~a this and your sister is a that. Q. And "this" and "that" were vulgar words? A. Uh-huh. Q "Yes"? A. Uh-huh. Yes, sir. Q. Okay. And did your son tell you that he had egged him on into a fight? A. Yes, and so did the other boy that was along 214 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P48Y Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 29 25 with him. Q. What did your son tell you? A. He told me that Mr. Santa Cruz started swearing at him and told him to come onto his property and he would -- Q. What? A. Kick his ass and this, that and the other. Q. Okay. And did your son go onto his property? A. Of course not. Q. Okay. Why do you say of course not? A. Because he wouldn't do that. Q. Why not? A. Because my son is -- has Asperger's. Q. Okay. What is that? A. He's autistic. Q. Okay. Okay. And how does that affect -- A. It's ludicrous what this man did to that ~ kid. Q. Okay. What did he do to your son? A. Trying to intimidate him. Q. And you know that because you witnessed -- A. Yes. When he'd ride with me in the car, we'd be riding home from the grocery store, he would flip him off and call him names. He didn't understand 215 DIANNE JONES & ASSOCIATES, APC 310.472.9682 P482 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 why. 4• In front of you? A. Uh-huh. Q "Yes"? A. Yes. 4• You made literally -- I want to say hundreds of calls to the police department over a period of years, more than 30? A. Probably. 4• Okay. A. There were many calls about us too regarding doing work on the homes and things. Every time we did anything, people would call. If we worked on the house, just stuccoing the house, there was probably at least 12 to 15 calls to the sheriff's department about us stuccoing a home. 4• There's been testimony by a woman by the name of Patricia Dickinson. Do you know who she is? A. I don't know her. I know who she is. 4• Okay. She testified that Carlos had lifted up his shirt about a year and a half ago, two years ago, and showed her the butt of a gun. Did you ever hear about that? A. No, not until now. 216 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P483 Nuisance Abatement Hearing __ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4• Okay. Did you ever have any conversations with Ms. Dickinson? A. No. 4• Did you ever say hello to her? Did she ever say hello to you? A. No. No. Q. Okay. And what about -- there are declarations from several other people by the names of -- MR. BERNARD: Want to help me out, Counsel? MR. BOBKO: Galindo. THE HEARING OFFICER: Galindo, Pusateri. MR. BOBKO: Pusateri, Dickinson, Martinez. MR. BERNARD: Well, we don't have Martinez. MR. BOBKO: I'm sorry. 4• (BY MR. BERNARD) The Galindos, did you know them? A. They used to be the neighbors. Q. Okay. Is this one of the houses you purchased, the house? A. Yes, sir. 4- Okay. Did you ever have any altercations with them or your husband? A. Well, there was -- we didn't own the house at the time. There was a sprinkler system that ran on 217 UIHNNE JONES & ASSOCIATES, APC 310.472.9882 P484 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 1.3 19 15 16 17 18 19 20 21 22 23 29 25 the property of 6416, and that became a major problem. 4• Between you and the Galindos? A. The Galindos and the landlady, the landlord. Q. Okay. What was the problem? A. The sprinklers would turn on and wet the whole walkway and the front wooden door. 4. Of your -- of your -- A. Of where we lived. 4• Okay. A. Yes. It wasn't our property at the time. We wera renting. 4• Right. Right. And did you make complaints about that? A. We spoke with the landlord and told her what was going on. 4• And with the Galindos? A. Yes. Yes. Yes. 4• And were they -- I assume they weren't happy about this? A. Yes. Q• And was there dissension between you and the Galindos as a result of the sprinkler system? A. Yes. Q. Okay. And what about "P" -- Pusateri, do 218 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P485 Nuisance Abatement Hearing '~ 1 you know who that -- 2 MR. BOBKO: Karen Pusateri. 3 THE WITNESS: That's Karen next door. 4 Q• (BY MR. BERNARD) 6412. Was that part of 5 the sprinkler problem? 6 A. No. 7 Q. Did you have any altercations with her? e A. It was regarding putting a wall up. 9 Q. Okay. 10 A. It was -- 11 Q. You put the wall up? 12 A. Yes. 13 Q. She wasn't happy about that? 14 A. Yes. 15 Q. Was there any name-calling or threatening 16 that you' re aware of? 17 A. No. 18 MR. BERNARD: Okay. I don't have anything 19 further. 20 21 EXAMINATION 22 23 BY MR. BOBKO: 24 Q. What does your husband do for work? 25 A. We're landlords. We own property, 219 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P486 Nuisance Abatement Hearing _,\ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 self-employed. 4. what did he do before you became landlords? A. He was a carpet cleaner and water restoration, and he did windows -- he had a window-cleaning business, and that's about it. Q- Did he ever do any money lending? A. Yes. Q- And are you aware that he was arrested and charged with loan-sharking? A. And dismissed, yes, sir. Everything was dismissed. 4• What do you do for work? A• I'm a landlord. 4• I'm sorry. Before you became a landlord. A. I worked a jewelry store. You know, little odd things, nothing -- no career. 4. Okay. You said that you built a wall and that you had a disagreement with Karen Pusateri over that wall; is that correct? A. Well, it was a dispute with her. Yes, I guess you could say that. Yes. 4• And what was the nature of that dispute? A. The dispute was, she didn't want the wall up. 4• Okay. Why did you send your kids out to 220 uZANNE JONES & ASSOCIATES, APC 310.972.9882 P487 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 spray-paint the wall? A. I did not. That's -- why would I spray-paint our own wall that we worked so hard on to -- to put up? 4. Isn't it true that Mrs. Pusateri, not you, actually finished her side of the wall? A. Yes, sir. Because we were instructed by the City you don't have to finish it, and we were deciding what we were going to do. We intention -- our intentions were to put brick on that side, to brick it. 4• So -- A. But the City -- MR. BERNARD: Let her finish. THE WITNESS: Basically -- MR. BOBKO: Well, actually I'm controlling the questioning, Counsel. MR. BERNARD: Yeah, but you've got to let her finish the answer. THE WITNESS: It was completed as far as we are concerned. 4• (BY MR. BOBKO) I'm sorry? A. The City said the wall was completed as far as they were concerned. 4. So Mrs. -- Ms. Pusateri went and -- and 221 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P488 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 1B 19 20 21 22 23 24 25 improved her side of the wall because that -- A. We weren't finished, so -- 4• If you'll let me finish my question. A. I'm sorry. I'm a little -- 4• It's okay. It's the end of the day. A. It's like a Monday. Q. So Ms. Pusateri actually had to finish her side of the wall because when your husband built the wall in between your two properties, her side of the wall was left unfinished; is that correct? A. It's up to your opinion. 4• In your opinion, was her side of the wall left unfinished? A. According to the City, no. Q. Okay. You don't -- I'm not asking according to the City. In your -- A. In my opinion, we were deciding what we were going to do. 4• Okay. And didn't it take long enough for you to decide where she had to go out and buy all the equipment -- all of the -- the things to finish the wall on her own? A. That was her choice, I believe. 4• Okay. A. Yes. 222 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P489 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4• Who spray-painted the wall? A. I don't know. Maybe she did, because one time when the wall was being built, every night -- we had a motion light, and it would keep going on. So Mr. Herrera went out one night, looked around, didn't see anything. Happened again. Went out, looked around, saw her at 2:00 a.m. on her side of her property with a shovel throwing dirt over onto our side of the property so the wall wouldn't pass inspection. 4- Did you see that? A. Yes, I did. Q• Okay. Did you -- did you -- A. And the sheriff's department was called out. Q. Isn't it true you had a discussion with Ms. Pusateri after the wall was spray-painted where you told her that you had to spray-paint the wall because Carlos told you to? A. No. That's not true. 4• None of that conversation ever occurred? A. No. I never said that to her. 4• You didn't tell her that -- that you really didn't want to, but that you had to do this because Carlos was going to be angry if you didn't have your kids come out and spray-paint the wall because it was 223 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P490 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 yours? A. No. Q. That conversation never occurred? A. No. Q. Okay. Are you aware that Ms. Dickinson saw , your children spray-painting the wall? A. No. I don't know Ms. Dickinson. MR. BERNARD: Allegedly. THE WITNESS: I don't know her, so I would have never spoken to her. Q. (BY MR. BOBKO) Are you aware that Ms. Pusateri actually planted rose bushes on her side of the wall that then were killed on a number of occasions? MR. BERNARD: Killed? MR. BOBKO: Killed. THE HEARING OFFICER: Counsel. THE WITNESS: No. She has rose bushes there now, I believe. Q• (BY MR. BOBKO) Well, but are you aware that after the wall was built that she planted rose bushes that were poisoned with oil? A. No, I don't. Q. Okay. Are you aware that your husband used to glare at Lizette Galindo when she would get 229 DIANNE JONES 6 ASSOCIATES, APC 310.472.9682 P491 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 undressed at night on her second-story window? A. No. Q. Never heard about that? A. Well, I read it in this, yeah. Q. Okay. Are you aware that -- are you aware that Carlos would go into -- went into the Galindos' home one night and wanted to start a fight with Mr. Galindo? A. Into his home? Q. Yes. A. No. Q. He never went into his home? A. No. Q. Are you aware if he's ever been into anyone's home? A. As far as who? What do you mean "anybody"? Q. Going into someone's home uninvited? A. No. Q. Would you be surprised if 1 showed you a letter from one of your neighbors discussing a time recently when Carlos broke into their home -- barged into the home looking for one of their children who he thought was throwing rocks at a car of his? A. Oh, no. He didn't barge in there. I was standing there in the doorway with him. The child was 225 DIANNE JONES 6 ASSOCIATES, APC 310.972.9882 P492 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 throwing rocks at the car over the back fence. 4• Okay. A. And she brought out the oldest boy. I witnessed the child throwing the rocks over the wall, and I said, "That's not the young man." Then she went and got another one, and then she went and brought -- I said he had a little red sweater on, and it was the little-red-sweater boy. 4• Okay. So I'm going to -- the letter -- do you know who Raquel Salazar is? A. No. 4• Okay. A. Is that the people that the child threw the rocks at the cars? 4• Do you know who she is? MR. BERNARD: Do I have a copy of this? MR. BOBKO: You have a copy of this. I sent you a copy. MR. BERNARD: What -- is that a signed declaration? MR. BOBKO: It's a signed, dated letter, which is admissible. MR. BERNARD: No. It's -- MR. BOBKO: According to the rules, it is, and we can talk about this later. 226 DIANNE JONES 6 ASSOCIATES, APC 310.472.9882 P493 Nuisance Abatement Hearinq 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR_ BERNARD: What exhibit number is it? MR. BOBKO: It's not an exhibit. I only have -- THE HEARING OFFICER: This was faxed just late last week. MR. BOBKO: Late last week on Friday. MR. BERNARD: Well, I haven't seen it. MR. BOBKO: I faxed it to you twice. MR. BERNARD: When? MR. BOBKO: Friday and Monday. You got a copy of the fax; did you not? I'll give you another copy. You can have this one. MR. BERNARD: I haven't been to my office. MR. BOBKO: I think I have another one. It's okay. I have one. THE HEARING OFFICER: Okay. 4• (BY MR. BOBKO) So if your neighbor says that her youngest son was playing in the backyard and he was throwing stones up in the air and they were landing on Carlos's car, would you agree that that's a true statement? A. I don't think he was throwing them up in the air. I actually saw him throw a rock at the car. Q• Okay. So he was throwing a rock at the car? A. Yes. 227 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P494 Nuisance Abatement Hearing _.,, 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4. Okay. And is it true that you saw him and you told Carlos? A. Yes. Well, yes. Yes, I did. I said I saw the little boy that was doing it. I first -- I didn't see him hit the car at first, and then I saw him hit the car. 4. When you were with Carlos after you told him that, did he go to the Salazars' home and ring their bell? A. Yes. 4• Were you with him when that happened? A. Yes. 4• Okay. When the woman came to the door, did Carlos ask where the son was? A• Well, he said, "One of your children were throwing rocks at the car." 4• Did Carlos go inside and into the child's bedroom? A. No. 4• He didn't walk directly in the home and look for the oldest son because he thought that that was the son that had done it? A• No, and it wasn't the oldest son. It was the young one. Q- Which one did it? 228 +eeivN r; JVN t;S & ASSOCIATES, APC 310.472.9882 P495 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 A. The younger one. 4. Okay. So you're -- basically what you're telling me is that Ms. Salazar is not telling the truth in this letter? A. There's many people who don't tell the truth in this matter to be honest with you. 4- Why is that? A. I don't know. 4. What does Mr. Salazar have against Carlos? A. I don't know. 4• How about the Galindos, what do they have against Carlos? A. Oh, I'm not quite sure, but we did -- Mr. and Mrs. Galindo took a restraining order on Mr. Herrera or had a temporary restraining order. 4• Why? A. Because they were angry about the sprinkler system, and we -- Do you want me to tell the whole story? 4• No. It's okay. A. Well, we went to a -- 4• It's okay. A. You don't want to hear about the mediation agreement? 4• I don't need to hear about the mediation. 229 u1HNNN JONES & ASSOCIATES, APC 310.972.9882 P496 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 A. Okay. Q. Thank you. How about Karen Pusateri, what does she got against Carlos? A. The wall situation made her very angry. . When we rented there -- we were original renters. We rented the home. They didn't like us because we were renters. Q. That's why? A. Oh, yeah, basically. Q. You told your children to throw their base -- their basketball against the wall -- A. No, I did not. Q. Did Carlos tell your kids -- A. No. Q. Are you aware that they would -- that your kids would do that? A. No. My kids didn't do that, sir. Q. Okay. Okay. A. If the ball hit the wall on occasion, that might have happened, but to constantly throw the ball to be vicious, no. Q. Does Carlos tell you every time whenever he is arrested? Do you know about his arrests? 230 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P497 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 MR. BERNARD: I'm sorry? I'm sorry? MR. BOBKO: I asked her if he tells her when he's arrested. MR. BERNARD: I would object. That's irrelevant. MR. BOBKO: Well, she says that she doesn't know about everything that he does. MR. BERNARD: No. That's irrelevant. That's irrelevant. We're not talking about -- THE HEARING OFFICER: I'll take it for whatever it's worth. 4- (BY MR. BOBKO) Does he? A. What do you mean? Q. Are you aware of all the times that Carlos has been arrested? A. I assume. I don't know. Yes. 4• Okay. Okay. Are you afraid of Carlos? A. No. Q. Are you aware that other people are? A. No. MR. BERNARD: Objection. Argumentative. 4• (BY MR. BOBKO) You don't think anybody in the neighborhood is afraid of Carlos? A. No. 4• Why do you think the Galindos moved away? A. I have no idea. They had marital problems, 231 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P498 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 it 12 13 19 15 16 17 18 19 20 21 22 23 24 25 from what I understand. 4• How -- A. If my son -- if Mr. Herrera is such a bad man -- we have an autistic son -- he's taught him how to look people in the eye, do all kinds of stuff, so how can he be.such a horrible, horrible man? 4- What do the Martinezes -- what's their grudge against Carlos? A. I have no idea. It's -- it's -- it's as if it's a witch-hunt. 4- The whole neighborhood is out to get him? A• Well, maybe they're a little bit jealous of Mr. Herrera. 4• Why would they be jealous of him? A. Because Mr. Herrera is -- doesn't quite fit in their box. He's different. 4• How is he different? A. He's different as he is himself. He doesn't put on airs. He doesn't pretend. He works hard. 4• And you think that's what makes all the neighbors jealous of him? A. Z think so and I think because -- do you want me to be really honest? I think because he's uneducated and he's done well for himself. He's worked very, very hard. 232 UIHNNE JONES & ASSOCIATES, APC 310.972.9882 P499 Nuisance Abatement Hearing i 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 MR. BOBKO: Okay. Thank you. THE WITNESS: You're welcome. THE HEARING OFFICER: I have just one question. You mentioned something -- and I know it's just a minor aspect of this, but I just want to ask a question. You got into this question of throwing the ball against the wall and stuff -- THE WITNESS: Yes, sir. THE HEARING OFFICER: So if I understood what you were relating, you're not saying that your kids didn't throw the ball against the wall, but what I heard you say was, if they were doing it, they might have been just playing around. They didn't do it maliciously to try to disturb -- THE WITNESS: No. THE HEARING OFFICER: Wac ,t __ ,.,~~ .~ ~___ .. wall? MR. BOBKO: That's correct. THE WITNESS: No. And the baseball -- or the -- what do you call it? MR. BOBKO: Basketball. THE WITNESS: The basketball thing or hoop or whatever was only out there for a short period of time, and then it was taken down because we started 233 UlHNNG JVNES & ASSOCIATES, APC 310.972.9882 P500 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 remodeling and redoing the backyard and doing a fence, so that was only there for a small amount of time. THE HEARING OFFICER: So the ball might have hit the wall a couple of times along the way, but they weren't -- THE WITNESS: It's possible, yes, because they're children. THE HEARING OFFICER: -- doing it purposefully to harass her is what you're saying? Is that what I understand? THE WITNESS: No. No. THE HEARING OFFICER: And did -- and did she ever, to your knowledge, come over and say, "Hey, you know, this is kind of a problem for me because it's knocking stuff off on my side of the wall? Could you" -- THE WITNESS: No. THE HEARING OFFICER: -- "ask the kids" -- THE WITNESS: No. And Z wish she would have. If that was the case, I would have not allowed the children to play back there. I -- you know, I'm not teaching my children to be destructive. I don't want them -- this is what upsets me. THE HEARING OFFICER: Okay. Thanks. THE WITNESS: You're welcome. MR. BERNARD: Thank you. 239 u1HNNE JONES & ASSOCIATES, APC 310.472.9862 P501 Nuisance Abatement Hearing 1 2 3 4 5 6 7 B 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 MR. BOBKO: Let's go ahead and go -- MR. BERNARD: I'll see you outside. THE WITNESS: Thank you. THE REPORTER: Did you want to attach that -- MR. BOBKO: The letter, sure. MR. BERNARD: Off the record. (Recess taken.) MR. BERNARD: I'm objecting to the letter because it was -- this hearing's been scheduled for some time. I don't -- I don't dis- -- I believe you sent this to me. I've been in New York, and then I was in -- I wasn't in the office yesterday. And it's not a declaration under oath, and I think my client's explained her version of the incident sufficiently that whatever happened with it is what happens. (Exhibit 8 was marked for identification.) MR. BOBKO: Off the record. (Recess taken.) MR. BOBKO: Okay. Back on the record then. All right. I think that this -- although the defense has done its best to portray this as a Hatfield-and-McCoy situation between Mr. Santa Cruz and Mr. Herrera, I think that actually this is a more 235 u1ANNE JONES & ASSOCIATES, APC 310.472.9882 P502 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 deeper, more insidious problem in the neighborhood that exists between Carlos, Joseph, their associates, and a bunch of people in the neighborhood. Clearly Mr. Santa Cruz and Mr. Herrera have some disagreements that are ongoing, and I don't want to gloss over those, but I don't think that that should be the focus of this hearing, and I don't think that that should be what we -- what we walk away from here thinking about. What I think we should walk away from here thinking about is the people who have come forward and given divergent examples of things that have happened over a course of many years involving many different people, none of them who have any identifiable link or animus towards Mr. Herrera -- Joseph Herrera or the family at all. In fact, we just heard, somewhat outlandishly, in my own opinion, Jennifer Mason suggest that these people had it in for Mr. Herrera simply because he was a self-made man with no education. I think that that should be given all the consideration that it deserves. If you look on the other hand of the folks who have come forward to attack the things the neighbors have said, you only have two people, two -- 236 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P5O3 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 29 25 two tenants, one of whom was misled to believe that she and her daughter were actually the focus of this hearing, and another guy who didn't even know what he was here for. Taking those two people out, then all we have left are blood relatives, and they have done, I think, what they do, which is cover up for dad. Let's go through who spoke. I mean, the first person that talked was Joseph Herrera. I think -- even though I'm sorry my brother-in-law would disagree, Joseph has some serious credibility issues. You know, I'm not sure how it is that he has a vested interest in any of these homes, and certainly that vested interest is nothing that shows up in any legal document. Moreover, I think we all saw just a little flash -- he got it -- he put it back under covers right before it came out, but where I asked him about his credit and he said that his credit was screwed, I think you could see the fire bubble to the surface ever so briefly before he was able to douse it. But that's what the neighbors see, and outside of being at the sheriff's department with lawyers around and court reporters taking down every word, you have to wonder what happens in the 237 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P5O4 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 neighborhood. And I think what happens in the neighborhood is pretty scary. You had next Kristina Herrera who sat -- and with two different people who have signed declarations under oath saying that they saw her graffit'ing a wall, said that, no, that wasn't her. Well, I'm not sure about her credibility either, and, clearly, she has an interest. And if she doesn't say the right thing, she's got to go home and face dad as well. Finally, you have Jennifer Mason, who's a -- who, although she immediately disputed that she had any fear of Carlos Herrera, repeatedly throughout her testimony referred to him as "Mr. Herrera." Now, I don't know -- and I can't possibly surmise what kind of home life they have, but it is an oddity indeed when a wife refers to her husband as "Mr. Herrera." Most wives would say "my husband" or "Carlos," but she said Mr. Herrera on almost every occasion. That, of course, I think suggests deeper and something a little bit scary, and those are probably the things that the neighbors see. With regard to Mr. Santa Cruz, I'll only touch -- I'll only make two points about him because F 238 DIANNE JONES 5 ASSOCIATES, APC 310.472.9882 P505 Nuisance Abatement Hearing " ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 don't -- again, I don't want him to become the focus of this hearing. The first thing is that every dispute that happened with Mr. Santa Cruz happened at Mr. Santa Cruz's home. There isn't one dispute that happened at 6416 or at 6922. In fact, nothing happened involving Mr. Santa Cruz that wasn't either on his property or directly in front of his property, save the one incident where he was attacked and had to -- and was attempting to rescue his child at the base of -- I guess it's Hillview and Mount Ritter. So when we're talking about someone who is a threat and who is intimidating, it's hard to know how someone could intimidate without ever leaving their ~ property. Now, Mrs. Mason -- Ms. Mason says that they had to move, as did her child, because they were afraid of Mr. Santa Cruz. They could -- they could, if they wanted, never see Mr. Santa Cruz. For whatever reason, they didn't. Which again, I think calls into question their entire story. But there was no evidence presented here today. There is no evidence record that says anything 239 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P506 Nuisance Abatement Hearing "'~ i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 other than everything involving Mr. Santa Cruz and Mr. Herrera occurred in front of his house or on his property. All the police reports are there. All of the incidents are there. The next thing involving Mr. Santa Cruz is, for all of the horrible things that we've heard about Mr. Santa Cruz, the charges that were filed were filed against Mr. Herrera. When the attack took place, assuming all of the things that Counsel has already suggested, the number of people who watched, the various witnesses, having collected all of that information, Mr. Santa Cruz wasn't charged. Mr. Herrera was charged. And we know that Mr. Herrera isn't happy about this and that he still harbors a great deal of anger towards Mr. Santa Cruz because, at the last court hearing, he threatened to kill him. Now, that is something again I know Counsel will dispute that there is no dispute that there is a record. MR. BERNARD: You're misstating the evidence, Counsel. MR. BOBKO: Well, if you'll let me finish. MR. BERNARD: You said -- no, but you said 240 DIANNE JONES 6 ASSOCIATES, APC 310.972.9882 P507 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 something that's not true. You said that Mr. Santa Cruz threatened to kill -- I mean Mr. Herrera threatened to kill Mr. Santa Cruz. MR. BOBKO: Well -- MR. BERNARD: It's not what -- that's not what -- MR. BOBKO: You can argue -- MR. BERNARD: -- what the statement was. MR. BOBKO: If we refer to the record, and I attached it as Exhibit U, and I did send this to you. I hope you received it. It is the court reporter's record of what occurred at the courthouse, and it's -- this is in the transcript, page 9, lines 20 to 24. "Whereupon" -- I'm sorry. Let me start at ~ Page 9. Again, his lips were moving, referring to Mr. -- Mr. Herrera. And he pointed at the victim and he did -- shortly he did that. Also worth mentioning is the fact that while he was doing this, Mr. Herrera appeared to try to be kind of trying his actions. He left his left hand up, and he kind of hunched down a little bit, and it appeared to me that he was trying to conceal what he was doing. 241 DIANNE JONES 6 ASSOCIATES, APC 310.972.9882 P508 Nuisance Abatement Hearing " 1 i 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 It didn't work out in his favor, because, of course, I observed it. Again, I wasn't in a position where I could hear the words that were spoken, but he clearly motioned across his neck in a cutting fashion and pointed to the victim in this case. The victim in this case, a Mr. Santa Cruz. Whereupon, the victim approached me very upset. The victim indicated that he was in a position to hear Mr. Herrera, and he -- it -- and it was a threat against my victim, Mr. De La Cruz -- that's a typo. It should be Mr. Santa Cruz -- his family. I think specifically it was your wife and kids. THE HEARING OFFICER: This was -- if I'm not mistaken, this is the lawyer in the trial. MR. BERNARD: It's the prosecutor in the case. MR. BOBKO: Now, again, this -- MR. BERNARD: It's a biased person that's representing the victim. MR. BOBKO: This hasn't been adjudicated yet, but certainly this is evidence that shows a preponderance of facts that Mr. Herrera, not Mr. Santa Cruz, is the lone who's objective -- who is offensively threatening people. And, again, I don't want to get stuck up on Mr. Santa Cruz, because this is more than just 242 I DIANNE JONES & ASSOCIATES, APC 310.472.9882 P509 Nuisance Abatement Hearing i 1 2 3 9 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. Santa Cruz and Mr. Herrera. This is a bunch of people in the neighborhood. We can -- and we can go through -- through all of the different people. I won't do that right now. I think the declarations speak for themselves. But I want to make one last point and that is this: Counsel has said that a lot of these that have happened have been -- are stale. In fact, he referred to one of the declarations that was submitted as being stale and things that occurred, occurred in 2001, I believe, is what was said. There's a reason for that, and the reason is this: Nothing that Mr. Herrera has done, apart from the assault on Mr. Santa Cruz and the threat that he made in court, has been anything that has been convictible. You have what -- in this situation, a guy who knows exactly where the line is. He knows exactly what he can get away with, and he does. And all of these things when added up over the course of time make people crazy. You have Ms. Dickinson who's standing here -- who's sitting her today, who's at the rope -- at the end of her rope on the verge of tears having her grandson call her while 293 I DIANNE JONES & ASSOCIATES, APC 310.972.9882 - P510 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 she's away. There's no police report that she can make about that, but that certainly impacts the way that she lives her life and the quality of her life. And that's just one person, and that's just one incident. So you have to take a composite of all of those incidents over time before we can present what ..was the case that we've presented today, and unfortunately -- and I say unfortunately in the terms of making the case for the City -- unfortunately we don't have a series of incidents that -- as we do with Mr. Santa Cruz. What we have are these insidious incidents, these little niggling things that go on where people are put -- made prisoners in their own homes. Finally, the last point -- and I know Counsel keeps looking at his watch. I'm going over -- Mr. Herrera ain't here. Mr. Herrera ain't here. MR. BERNARD: You can't comment on that, Counsel. MR. BOBKO: Absolutely I can. MR. BERNARD: No, you can't. He has a fifth amendment privilege and there's a jury instruction, a case, commenting on a person's assertion of the fifth amendment, period. THE HEARING OFFICER: Well, Mr. -- let me just 249 DIANNE JONES 6 ASSOCIATES, APC 310.972.9882 P511 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 make my comment. MR. BERNARD: You have to -- THE HEARING OFFICER: First of all -- first of all, Mr. Bernard, this isn't a criminal proceeding against Mr. Herrera and -- MR. BERNARD: It doesn't matter. THE HEARING OFFICER: -- I'll take it into account • for whatever it's worth. MR. BERNARD: But I -- THE HEARING OFFICER: I understand that -- MR. BERNARD: -- want you to know that you -- you cannot comment negatively on a person's assertion of the fifth amendment privilege. He has a pending prosecution. To do so would be gross error. MR. BOBKO: And we don't think that that's the case obviously. MR. BERNARD: Well, read Casey. MR. BOBKO: But this is not a criminal proceedings. And I'm not here to argue with you now because I'm -- MR. BERNARD: It isn't, but it's under oath. MR. BOBKO: Okay. I think that had Mr. Herrera, .wanted to do anything today, wanted to make his case, 245 DIANNE JONES & ASSOCIATES, APC 310.972.9682 P512 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 there are a number of ways that he could have done it. He didn't choose to do any of those things. He didn't come. He didn't have anyone speak for him. There was nothing that he did today that in any way says anything other than I don't want to go there and have people -- have to answer questions, be that fifth amendment or anything else. And I think that we can comment on that. The last thing I'll say is -- again, before we get -- before I rest is that the City hasn't seen -- the first piece of paper today, the City didn't have any opportunity to depose anyone. The City didn't have -- get declarations. There was no brief. There was nothing. So when we start talking about stale declarations and the rest of it, the City has made a good-faith effort to do this, and to present all of its evidence well in advance of this hearing, and, conversely, we don't believe that the defense has made any effort to supply anything prior to this hearing. Mr. Bernard. MR. BERNARD: He didn't have anyone speak for him? He had his wife, his daughter, his brother, and a I neighbor speak for him. Just briefly, it's interesting that all of 246 DIANNE JONES & ASSOCIATES, APC 310.472.9882 P513 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 zo 21 22 23 24 25 the complaints concerning Mr. Herrera occur on these four -- on these five house -- on these four houses, and they all have interest in having dissension -- one being with the wall. The other being with the sprinkler system. Except for Ms. Dickinson who says she sees my client brandish a gun and never reports it. Difficult to believe if, in fact, she believes it was a gun and was concerned about it, not reporting it seems to me to be very -- very highly questionable as to what really -- what she really did observe. There's no question these people do not like the Herreras, but they all congregate in this one little area, and they all have complaints about the way they lived on their properties. This is -- this is what this boils down to. This is an abatement hearing involving -- involving Jennifer Mason, and the incidents involving her tenant, Carlos Herrera, are two -- are three. I'm sorry. Ms. Dickinson said that Mr. Herrera stared her -- stared at her twice. Stared at her? That's -- that's her depiction of what -- what happened, and I that. THE HEARING OFFICER: Santa Cruz. MR. BERNARD: -- Santa Cruz -- thank you -- said they flipped each other off, and there was an 297 DIANNE JONES & ASSOCIATES, APC 310.972.9862 P514 Nuisance Abatement Hearing 1 i 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 altercation at an intersection. That in and of itself does not seem to me to I create a nuisance. I think that living together for over a year and a half in this area, having one incident like that, to me, is just an isolated incident. Certainly, it appears that these people are able to behave. There's no restraining orders, no calling the police over each other. There isn't any of that kind of conduct, which would seem to indicate that this was escalating. There isn't that. I don't think there's any evidence then, therefore, to place the burden on -- on the -- the owner of the property to be responsible for Carlos -- for Joseph Herrera's activities in the neighborhood, which seem to be minimal at best. And then we have to look at the new tenants, the woman that came in, who appears to be very credible. I mean, having somebody throw a dead rat on her lawn, turned off her sprinkler system on numerous occasions and having her daughter be followed and -- you know, we have to ask ourselves, is this all made up stories, just like we have to ask ourselves are all these neighbors against Mr. Herrera? 298 DIANNE JONES d ASSOCIATES, APC 310.472.9862 P515 Nuisance Abatement Hearing 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 Maybe there's -- maybe there's an underpinning of dissension in this neighborhood by both sides, and people do take sides. And I think that this is what's happened here. If you listen to the testimony carefully of Jennifer Mason, I mean, this is a woman who's raising three children, one's autistic. She sounds very I believable. I mean, where would she make all this up? Why would she make up all these lies about -- about Mr. Santa Cruz calling her names, calling her children names, calling the police and saying that she was -- that Carlos (sic) was following her. Where are all these stories coming from? I think they come from real-life aspects of seeing and hearing and living in this neighborhood for 16 years. There is trouble here, and the trouble -- the trouble I think has been obviated by the Herreras actually being forced out of their area. They left. The Herreras live over 400 miles away. The tenants that are living in the residences are appropriate. You've heard from both of them. There have been no allegations of any problems with the dispatcher or with the -- the woman that -- 249 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P516 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that works at the school district in San Bernardino. You've heard minimal instances of issues regarding Mr. Herrera, which, again, I mean, you have to look at living there a year and a half. There's been one instance of an issue with a neighbor. I mean, I don't think that's a nuisance. That doesn't rise to the creation of a nuisance. There has been several reports that you have that show that both Mr. Santa Cruz and Mr. Herrera don't like each. I mean, if you believe anything Ms. Mason says, why would a parent like somebody that calls his wife a cunt and calls his daughter a cunt and a whore and spits at people and -- and picks fights with an autistic son -- I mean, you have to just believe all of I that. It seems -- it's just all -- for a hearing officer -- look, you weren't there. It's very hard to judge who's telling the truth and who isn't. But certainly the records that I've given you show that this -- both sides have entered into these altercations. I mean, you have a man that's sitting here, Mr. Santa Cruz, telling you how he'd be upset and offended he is, is he's sitting and lying in wait with 250 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P517 Nuisance Abatement Hearing '~ 1 2 3 9 5 6 7 B 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 a paint gun shooting at a moving vehicle- I mean, you know, we know that a paint gun can hurt somebody. It can put their eye out. It can cause serious damage. we hear about it and read about it. I mean, that, to me, is the kind of conduct which I don't think just generally be excused. We have to ask ourselves who is the catalyst here for causing all these problems. I think that -- I think that both Herreras and Santa Cruz hate each other so much, it's become a cancer. And I think that my client has removed that cancer by moving out of the area. I don't think that Ms. Mason should be punished or should have any additional responsibility to that neighborhood other than to rent to reliable, reasonable people who follow the law. And I don't think there's been any evidence that these people are not following the law. There's been none, and so I would ask you to make a finding that there is no ongoing nuisance here. That if there was a nuisance that existed, .it's certainly been taken care of in that my client lives over 400 miles away. There's no evidence that he appears in the 251 DIANNE JONES & ASSOCIATES, APC 310.972.9882 P518 Nuisance Abatement Hearing - 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 neighborhood and causes any problem over the last year since his arrest. He stays away from that neighborhood. There's been no evidence or nobody talking about what's happening now with regard to Carlos Herrera because he's not there, so -- and -- and he's restrained and enjoined from being there by the court. He's innocent until proven guilty with regard to the criminal case. But the fact -- the fact that he's being prosecuted only means that the victim is believed until such time as there's a trial. The trial is pending. My client's been offered disposition. He won't take it. He's going to go to trial. So I think the issue here before you is, are all -- are mom and daughter lying and making up a story, or is there a little bit of truth and a little bit of falsity to all of these statements made by everybody because they don't like each other. And when people don't like each other, they're going to bend the truth, and they're going to say things in the best light that serves their purpose, and I think that's what's happened here. But in terms of this being an ongoing problem that's risen to a nuisance abatement where 252 DIANNE JONES 6 ASSOCIATES, APC 310.472.9682 P519 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 there has to be administrative action taken and orders made, I think the City has not met their burden at all. Thank you. MR. BOBKO: Off the record. (Recess taken.) MR. BOBKO: In order to give the hearing officer a reasonable amount of time to formulate his written opinion, the code requires -- the municipal code requires that the written opinion be issued five days from today's date, and, Counsel, I will offer an alternative that we allow him ten days. Is that -- would you -- THE HEARING OFFICER: Ten business days? MR. BOBKO: Ten business days -- THE HEARING OFFICER: So two weeks. MR. BOBKO: -- from tomorrow. MR. BERNARD: I'll give you three weeks. I don't care. MR. BOBKO: Ten business days from tomorrow to -- THE HEARING OFFICER: I can do it in two weeks. Okay. MR. BOBKO: -- to formulate and submit the written opinion, and, according to the code -- MR. BERNARD: Is he allowed to fax me -- fax us the decision, or does it have to be mailed? 253 I DIANNE JONES & ASSOCIATES, APC 310.472.9862 P520 Nuisance Abatement Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 za 21 22 23 24 25 THE HEARING OFFICER: I think it requires certified mail if I read it correctly. MR. BOBKO: "The written decision shall be served on the property owner and the interested party by certified mail," so Counsel -- MR. BERNARD: Can I accept service for my client? MR. BOBKO: Yes. That's fine. MR. BERNARD: And you have my card, Mr. Gottlieb? THE HEARING OFFICER: Yes. MR. BERNARD: I'll accept service for Jennifer Mason. II THE HEARING OFFICER: Serve you and -- MR. BOBKO: And I'll accept service for the City. THE HEARING OFFICER: Great. Okay. Thanks, guys. MR. BOBKO: Very good. THE HEARING OFFICER: Why don't we say by -- just to make things interesting, can we say by Friday the 31st, which happens to be Halloween, the end of the week? MR. BERNARD: Yeah. THE HEARING OFFICER: Is that all right? MR. BOBKO: That's fine. (The proceedings were concluded at 4:32 p.m.) --000-- 259 DIANNE JONES & ASSOCIATES, APC 310.472.9682 P521 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S CERTIFICATE STATE OF CALIFORNIA ) SS. COUNTY OF SAN BERNARDINO ) I, AMY P. SMITH, a certified shorthand reporter for the State of California, do hereby certify: That prior to being examined, the witnesses named in the foregoing proceeding were sworn by me to testify to the truth, the whole truth, and nothing but the truth; That the said proceeding was taken down by me in stenotype at the time and place therein stated and thereafter reduced to typewriting under my direction and that the transcript is a true and correct record of the proceedings here held. I further certify that I am not of counsel or attorney for any of the parties hereto or in any way interested in the event of this cause and that I am not related to any of the parties thereto. Dated th's 20t October, 2008. AMY SMITH Certified Shorthand Reporter License No. 12159 DIANNE JONES & ASSOCIATES, APC 310.972.9882 zo o~ x N~ w 6 Z ~ 00 ¢~ 3 ` _~ `, s ~ 6 .L ~n Q w v o ~ '< ~V :Y~ i DECLARATION OF KAREN PUSATERI: 2 3 I [, Karen Pusateri, hereby declare as follows: 4 5 1. I am the property owner of 6412 Eagle Peak Place, Alta Loma, California, 6 and that address is my sole residence. [have lived at this address since March 1987. I 7 have personal knowledge of al( matters stated herein, and, if called as a witness, I could 8 and would testify competently to the following: 9 2. My property is immediately adjacent to the property owned by Jennifer 10 Mason. Carlos Herrera is Ms. Mason's boyfriend, and he has lived with her at that 1 l address over the years. Ms. Mason's property borders mine on the south side of my 12 home. 13 3. Mr. Herrera continually harasses, threatens, and intimidates me. My 14 trouble with Mr. Herrera began shortly after he moved into Ms. Mason's home, and in 15 1996 the harassment grew to a point that I felt it necessary to document Mr. Herrera's 16 activities and my interaction with him. Mr. Herrera's harassment has caused me to incur 17 substantial costs, has injured my property, and his intimidation makes me feel unsafe in 18 my own neighborhood and home. 19 4. Mr. Herrera began harassing me by frequently driving across my driveway 20 to park on the side of his house, blocking an easement I have on the border of his ' 2l property. [repeatedly asked Mr. Herrera to stop driving across my driveway, but he 22 refused. Mr. Herrera has his own driveway, and it was not necessary for him to drive 23 across mine to access his. I confronted him about it and he told me, "Bitch, mind your 24 own business" and spit at me. I then contacted the Rancho Cucamonga Police about the 25 incident, and when they arrived, Mr. Herrera immediately entered my garage and began 26 yelling at me for calling the police. This required the officer to remove Mr. Herrera from 27 my property and take him back to his own yard. I was afraid to pursue further action 28 /// 11231-0172\1016456v5.doc 'T P522 a 1 such as obtaining a restraining order against Mr. Herrera because I thought this would 2 only make him angrier and perhaps inflict damage to my property. 3 5. In 1997, Mr. Herrera and his children set up a basketball hoop against my 4 house, using the wall of my property that faces his home as a backstop. The basket was 5 positioned such that the ball would repeatedly strike my home, often with such force that 6 things fell off the wall inside my home. On numerous occasions, I asked him to move the 7 basket away, but he refused, and he told me he "can do whatever [he] wants to do." 8 6. In 1998, I attempted to paint my house. While the painters were at my 9 home, Mr. Herrera confronted them and harassed them to the point that [hey left the job 10 and refused to complete the work they started. This caused athree-month delay and 0 0 1 t added expense to complete the job. x~ w o 12 7. In July 1999, Mr. Herrera began doing work on his house. He often Z o 13 performed this work late at night, sometimes as late as 1-2 a.m. Much of the work was a 14 performed using a jackhammer and flood lights, and as a result I had to sleep on the > , 15 couch in the living room because it was too loud and bright in my bedroom. I have no o ~ > 16 doubt that Mr. Herrera conducted this work at these odd hours to be disruptive and to _ _ 17 keep me awake late at night. :emu =v, 18 8. During this construction, Mr. Herrera also removed an earthen slope 19 between our properties to the point that his excavation eventually exposed my home's 20 foundation. The resulting ditch was unsightly, caused water to pool at its base, and made 21 it impossible forme to access my electrical breaker box and other utilities for more than 22 six months. He then piled wood along the side of my house, and I attribute the 23 subsequent termite damage to my home to the old wood he put there. Mr. Herrera also 24 dug a three to four foot deep ditch next to my driveway, and left the dirt from the 25 excavation in a large pile next to the driveway. 26 9. During this construction period, while trying to pull into my garage, I 2~ observed Mr. Herrera beat on the side of my home with atwo-by-four. He called me a 28 "bitch;' and told me I "better hide." -2- 112J I-017211016456v5.doc P523 1 10. In 2001, Mr. Herrera made an addition to his house and built a wall along 2 our property line. Mr. Herrera (eft the side of the wall that faced my property unfinished, i 3 so I bought the necessary supplies, and finished the wall myself, after it stood unfinished 4 for over one year. I spent time stuccoing and painting the wall so that it matched the 5 facade of my home. I did all of this work on the weekends because I did not have time to 6 do it during the week because of my job. Shortly after I finished doing this work, I heard '1 a banging on my wall, and heard him yell, "there you go bitch." I was afraid to go 8 outside, so I opened the garage just enough so that I could peer out from under it, and saw 9 that the wall had been graffitied. Large Xs were painted on the rose bushes in front of the 10 wall, killing the rose bushes. o I l l 1. I could not leave the wall with the graffiti on it, so I again spent my own w o 12 money to purchase paint and fix the wall. I decided the best time to do the work would Z N 13 be at 6 a.m., because I could avoid Mr. Hen•era, who typically did not come outside at o~ a 14 that time in the morning. 15 12. When I returned home from work a few days later, I found the names of `o 16 Jesse (Mr. Herrera's youngest son) and Christina (Mr. Herrera's daughter) painted on the 6 u 1 ~ wall with various obscenities. I called the police and when they amved, Ms. Mason (the ~~r _.v~ 18 children's mother) admitted that she encouraged the children to graffiti the wall because 19 she felt that it was their wall and they could do anything they wanted to it. 20 13. For the third time I re-stuccoed the wall, spending a whole Saturday on the 21 job to completely cover up the graffiti left by Mr. Herrera's children. The wall was then 22 graffitied again. Mr. Herrera came over while I was doing yardwork in the front yard. 23 He told me he had grafittied the wall and would do it again, and stated, "it is [his] wall 24 and [heJ could do anything he wanted with it." At this point I decided to tet some time 25 pass before I felt it was safe to slowly paint over the graffiti, one small section at a time. 26 I was afraid that if I tried to repair too much of the damage, that he would again graffiti 27 my wall. 28 /// -3- i 1231-0I 72\1016456v5.doc _ I 14. Part of the wal] Mr. Herrera built effectively fenced me off from my 2 utilities so they aze not accessible for reading or maintenance. There was no practical or 3 engineering reason for Ivlr. Herrera to wall-off my utility meters. 4 I5. This past yeaz my roof required work to replace the tarpaper underneath the 5 tiles. Again, to avoid a confrontation I informed Ivlr. Herrera that there would be workers 6 on my roof, and he told me he had no problem with the work. But as soon as the roofers 7 began the job, I saw Mr. Herrera harass the roofers and tell them they were trespassing 8 (even though they never entered his property). Mr. Heaera threatened to call the police, 9 and he did in fact call the police on September 16, 2006. After the police arrived, Ivlr. 10 Herrera shouted insults and obscenities at me, and the roofers walked off the job. The oz o I 1 roofers were so intimidated by Mr. Herrera's harassment that they requested police _ `e W o 12 presence if they were to come back to work on my roof. Ultimately, however, this u, V - `= 13 encounter resulted in the necessity to-hire new roofers and caused a significant delay oW 14 before I was able to have the work completed. ~', ~ l5 c] 16 I declare under penalty of perjury under the laws of the State of California that the ~ < v_ ~ 17 foregoing is true and correct. 18 Executed this a~~ day of February, 2008. 19 20 21 22 23 24 25 2G 27 28 P525 -4- P526 i z = o ° _ `a ~ a w g l7 - _ z °- 0 ~ ` '~< /< ¢w V a 4 ".•"v =_v~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 14 20 21 22 23 24 25 26 27 28 DECLARATION OF LETICIA GALINDO: I, Leticia Galindo, hereby declare as follows: 1. My husband and I were the property owners and residents of 6422 Eagle Peak Place, Alta Loma, California. I lived at this address for a number of years after moving there in 1987. The property I used to own abutted the property owned by Jennifer Mason, south of her property. Jennifer Mason is now the property owner of this house located at 6422 Eagle Peak Place. I have personal knowledge of all matters stated herein, and, if called as a witness, I could and would testify competently to the following: 2. I first encountered Mr. Herrera in 1993. At that time, he wanted my youngest daughter, Gabriella to play with his daughter. Mr. Henera's children were rough, and frequently pushed my daughter around to the point where her face would get scratched and she would be braised. Since both my ex-husband Raymond (Ray) and I are FedEx drivers and not home during the day, we had a nanny who would watch our children. After a few incidents where my children were hurt playing with Mr. Herrera's kids, I instructed the nanny not to allow my daughters to play with Mr. Herrera's children because they were too rough. After we stopped allowing our children to play with his, Mr. Herrera became very hostile and threatening towards my family and I. 3. Because Herrera was so threatening to all members of my family and we feared for their safety, Ray and I stopped allowing our children to play outside. An unfortunate side effect of our fear of leaving our home was that my youngest daughter, Gabriella, never learned to ride a bicycle because we did not want her to go outside for fear that we would have to confront Mr. Herrera. Mr. Herrera was an erratic and dangerous driver, and neither my husband nor I wanted to be in the street with our small child on a bicycle. 4. Mr. Herrera often tried to instigate fights with my ex-husband Ray. In one instance, Mr. Herrera came over to our home and tried to pick a fight with Ray at the 11231-0172\1017130v5.doc P527 ~, z = o ° 6 w~ -_ z ° O o ¢~ 3 u ¢w x = uo ~ <' ~~ _v~ 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 front door. The two men would have gotten into a physical altercation had I not separated them and shooed Mr. Herrera from my home. This incident so shook Ray that he felt it necessary to purchase a handgun in order to protect our family from Mr. Herrera. 5. The incidents between Mr. Herrera and my husband caused substantial tension in my family, that in tum lead to marital strain above and beyond the usual strains of work and raising kids. I attribute most of the marital strain that resulted in our eventual divorce to Mr. Herrera. It was truly a terrible time when, after a long day at work, neither my husband nor I could come home and relax. We were constantly worried that Mr. Herrera was going to come to our home and pick a fight with my ex-husband, or threaten our children, or harass us in some other way. Mr. Herrera deprived us of any sense of security we had in our home. 6. Because Mr. Herrera caused Ray and I to fear for our family's safety as well as that of our property, we avoided spending time outside. We were essentially prisoners in our own home. We were no longer able to do things many people take for granted; we did not mow our lawn, do yard work, or go fora walk in our neighborhood. We were deprived of these things because we feared Mr. Herrera. We hired someone to do our yard work to avoid confrontations with Mr. Herrera. These expenses were incurred as a direct result of our living next-door to Mr. Herrera. 7. The tensions I attribute largely to Mr. Herrera's harassment of my husband and family ultimately led to my divorce. We were forced to sell our home and move, and Mr. Herrera would not leave us in peace even as we were trying to leave the neighborhood. Initially we put a "For Sale" sign in our front yard but had to remove it because Mr: Herrera would wait in front of our house to harass potential buyers. He would park his car in front of our home and play his music very loudly, in an obvious attempt to intimidate any potential buyers. Showing our house to potential buyers necessarily became a clandestine operation, and we took the "For Sale" sign down in hopes that Mr. Herrera would not assume any car that parked in front of our house was a -2- 11231-01720 OI7130v5.doc P528 1 ` 2 3 4 5 6 7 8 9 l0 oz = I1 ~ ° 12 u. co 0 13 14 4 -g 75 16 x v ~ 17 Y .~~ 18 19 20 21 22 23 24 25 26 27 28 potential buyer. Aut even this did not work. On the occasions when Mr. IIemera saw someone come to the house for a showing, he would go so far as to come within shouting distance to tell them they should look to buy somewhere else because if they purchased our home, `°you'll have to deal with me." I believe his harassment of potential buyers severely and negatively affeclcd the final sale price of the home. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of~C~, -3- i Iasi-0tnvont3ws.a« Received at RWG Law 2/14/2008 3:51:16 PM P529 - ~~ zo O c s~ ~ e w g -z z ° 0 '< i< it ¢w _~ ~., o ~V =Vj 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 76 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF LI7,ETTE GALINDO: I, Lizette Galindo, hereby declare as follows: 1. My family and I lived at 6422 Eagle Peak Place, Alta Loma, California, since moving there in approximately 1987. The property bordered the property owned by Jennifer Mason, where Carlos Herrera resides, with Mason and Herrera located immediately north of our property. I have personal knowledge of a]] matters stated herein, and, if called as a witness, I could and would testify competently to the following: 2. I first remember meeting Mr. Herrera in 1993, when he would have his daughter, Christina play with my younger sister, Gabriella. Christina, however, played extremely rough with Gabriella. After Hen•era's children pushed around and injured my child's face, my mother forbade our nanny from allowing my sister or me to play with Herrera's children. Shortly thereafter, Herrera began to harass and intimidate me. 3. Our home was located on a very quiet street. Often when I was out in the street, Mr. Herrera would drive very fast right at me and swerve to avoid me just at the last minute. He would sometimes do this and then pull a u-tum and do it again. As a child I was always terrified of Mr. Herrera, and his presence in the neighborhood was always in the front of my mind whenever I left the house. 4. On about three or four separate occasions, when I was about 14 or I S years old, I spotted Mr. Herrera staring at me through the window while I was changing. Mr. Herrera would sit or stand on the fence adjacent to our house and peer through my second story bedroom as I undressed. 1 never felt he was "leering" at me, but instead believe he was trying to intimidate me. 5. Frequently Mr. Herrera would harass and intimidate me when I would leave my house to go to school in the morning. This escalated to the point that I did not feel it was safe to walk anywhere, and instead had to arrange for a ride [o school and anywhere else I went. 11231-0172\1017133v4.doc 1 _~ 2 3 4, 5~ 6 7 8 9 10 z o 71 o- xs ~ a 12 w g ~ ~` 13 z o 14 ¢o -z 15 ~~ ?i ]G x & 17 ^.~ 18 19 20 21 22 23 24 25 26 27 2R 6. When our home was for snle, I snw Mr. Herrern hnravs and intimidate potential buyers of our home. On a couple of occasions, while we were holding open houses, I saw Mr. Herrera park his van in front of our house and blast his music. Mr. l-lerrera would tell the prospective buyers that they did not want to buy the house, "because you'll have to deal with me." I believe this impacted my parents' abiliry to sell our house xnd probably prevented them from getting the best possible puce fox our home. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this ~ dsy of ~~ , 2007. ~~ .. LIZETTE GALINDO -2- I 11231-OI72\L017133v4.doc Received at RWG Law 2/19/2008 3:51:16 PM P531 ~~ July 08, 2008 To Whom It May Concern: I am writing this letter to report on an incident involving Carlos Herrera and my family. We live at the corner of Mt. Palomar St. and Eagle Peak PI. Our back yard is across from where Carlos used to live. In January, 2004, my youngest son was playing on.our backyard. He was throwing stones up in the air and some landed on one of the cars which Carlos had for sale and used to park along that side of the street. His wife saw our son and told Carlos. He rang the bell. When I opened the door, he asked where my son was. I told him my sons where in the bedrooms doing homework and he just came inside and went straight to the bedrooms looking for my oldest son because he thought that he had done it. I asked him and he told me what happened. He was asking my kids who did it, but they said they didn't know. I told him I would call my husband to tell him and he would take care of it if one of my kids did it. As soon as he left, I called Victor and told him what happened. My youngest son was six years old at the time and he was scared to tell me he did it because he was afraid Carlos would come back for him. Victor went to talk to him and told Carlos that he would take care of the damages and told him not to come to our house anymore because my kids and I were afraid for what he did. He apologized to Victor. After some talks and phone calls everything got resolved because our homeowners insurance paid for the damages. He wanted more than what the insurance wanted to pay and threatened us to take us to court or put a lien on our house if we didn't give him more. The insurance representative told us not to worry because they dealt with people like Carlos all the time who wanted to take advantage of the situation. She told Victor that if he took us to court, they would testify in our favor because he wanted too much for the damages. Finally, the insurance company made him sign a form stating that he would take the payment and leave us alone. After that incident, we decided not to let our kids go outside alone for any reason. We ignored him completely since then, and didn't have any more problems. Sincerely, / ..' aquel Salazar ~~°908 P532 ATTACHMENT D NOTICE OF APPEAL i P533 1 2 3 4 5 6 7 8 9 10 11 12 13' 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stephen Bernard, Esq., SBN 56553 Hector A. Marrache, Esq., SBN 255711 BERNARD MARRACHE ~~P 10990 Wilshire Boulevard, Suite 1175 Los Angeles, CA 90024-4305 t: 310.312.0220 f: 310.312.0016 IJ Attorneys for Respondent, JENNIFER MASON CITY OF RANCHO CUCAMONGA NUISANCE ABATEMENT PROCEEDING CITY OF RANCHO CUCAMONGA, Complainant, NOTICE OF APPEAL [R.C.M.C. § 9.19.070] v. JENNIFER MASON, Respondent. NOTICE IS HEREBY GIVEN that, pursuant to Rancho Cucamonga Municipal Code section 9.19.070, Respondent JENNIFER MASON hereby appeals from the "DECISION AND ADMINISTRATIVE ABATEMENT ORDER RE: 6416 AND 6422 EAGLE PEAK PLACE, RANCHO CUCAMONGA," made on October 31, 2008, on the grounds that the order, inter alia, (i) is vague and ambiguous; (ii) is overbroad in its scope in terms of the period of time subject to the injunction, the conduct enjoined, the persons enjoined, and the locations/properties subject to the injunction; (iii) infringes, interferes, limits, or otherwise impairs Respondent's and other persons' First Amendment, Second Amendment, and Due Process rights and other Constitutional rights, freedoms and/or protections; (iv) infringes, interferes, limits, or otherwise impairs 1 NOTICE OF APPEAL i P534 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16' 17 18 19 20 21 22 23 24 25 26 27 28 Respondent's property rights and interests, including, but not limited to, Respondent's right to lease or rent the subject properties; (v) infringes, interferes, limits, or otherwise impairs Respondent's contractual rights; (vi) has and will cause Respondent irreparable harm and injury. Respondent appeals said order on the further grounds that (vii) the order, decision, and/or factual findings are not supported by substantial evidence; (viii) the Hearing Officer abused his discretion in fashioning the scope and breadth of his decision, order, and/or injunction; (ix) the Hearing Officer failed to properly, sufficiently, adequately; or if at all, consider and/or balance the conveniences and/or hardships of the parties, namely Respondent; (x) the order and/or injunction goes beyond the necessities of the case, and (xi) the order enjoins persons.and future conduct beyond the scope and gravamen of that which formed the basis and grounds for the City's action against Respondent in this matter. Respondent requests that Complainant -place this matter at the first available city council agenda and that it inform Respondent herein of the hearing of this appeal. Respondent further requests that Complainant provide the parties vvith a briefing ~ schedule to address the various issues involved in this appeal LLP Dated: November 6, 2008 By' HECTOR ~MARRACHE,ESO. STEPHE /BERNARD, ESQ., Attorneys or Respondent, JENNIF MASON 2 NOTICE OF APPEAL STAFF REPORT ENGIXEERING SERVICES DEPAR'I'~fENT Date: April 1, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark Steuer, Director Engineering Services/City Engineer By: Jon Gillespie, Traffic Engineer P535 RANCHO C,UCAMONGA Subject: APPROVAL TO CONDUCT A SURVEY OF RED HILL AREA RESIDENTS-RELATED TO THE RED HILL AREA TRAFFIC STUDY RECOMMENDATION: Staff recommends that the City Council authorize staff to conduct a survey of residents of the Red Hill area in order to obtain their opinion on whether Red Hill Country Club Drive should be closed or remain open. After the results of the survey are tabulated, staff will schedule a special City Council meeting to review the results of this survey, receive public comment, and to determine the next steps. BACKGROUND/ANALYSIS On May 6, 2008, Red Hill residents submitted a petition for the permanent closure of Red Hill Country Club Drive. Four Hundred and Fifty-Five (455) out of 622 Red Hill residents (73%) signed this petition. The City Council authorized staff to hire a consultant to conduct a study to quantify the amount of cut-through traffic passing through Red Hill. The consultant, KOA Corporation, has completed the study, and the results were presented at a public workshop held on March 3, 2009. City staff sent letters directly to 622 Red Hill residents notifying them of this public workshop. Staff also provided copies of the study to any resident that requested it. Three residents requested a copy of the study. Staff also advertised the workshop in the newspaper, and placed a changeable message sign on Valle Vista Avenue several days before the meeting. Approximately 300 Red Hill residents attended the meeting at Valle Vista Elementary School. At the meeting, Jon Gillespie presented a chronology of the previous workshops with Red Hill residents. The chronology of previous meetings is as follows: • September 6, 2006: First round table discussion with Red Hill residents • November 21, 2006: Second round table discussion with Red Hill residents • March 21, 2007: City Council authorizes a study of traffic calming strategies for Red Hill • May 8, 2007: Third round table discussion with Red Hill residents • July 10, 2007: First public workshop with Red Hill residents • August 28, 2007: Second public workshop with Red Hill residents • September 5, 2007: City Council considers proposed Red Hill Traffic Management Plan • July 16, 2008: City Council authorizes study of cut-through traffic in Red Hill At the March 3, 2009 workshop, Jon Gillespie also presented a summary of the March, 2007 Red Hill Traffic Study, and the results of the August, 2007 Red Hill Traffc Survey. The results of the August, 2007 Red Hill Traffic Survey were as follows: P536 CITY COUNCIL STAFF REPORT SUBJECT: APPROVAL OF NEXT STEPS RELATED TO THE RED HILL AREA TRAFFIC STUDY Page z April 1, 2009 • Option #1: Permanently close RHCCD at Calle Carabe? Yes= 57 (16%), No= 288 (84%) • Option #2: Construct raised median islands to restrict left turns on Foothill and Base Line Road? Yes= 52 (15%), No= 293 (85%) • Option #3: Install intersection divider at Alta Cuesta and RHCCD? Yes= 32 (9%), No= 313 (91 %) • Option #4: Create private streets with gated entrances? Yes= 169 (49%), No= 176 (51%) • Option #5: Install cul-de-sacs at various locations? Yes= 56 (17%), No= 289 (83%) • Option #6: Install speed humps? Yes= 217 (63%), No= 128 (37%) • Option #7: More enforcement of traffic regulations? Yes= 221 (64%), No= 124 (36%) • Option #8: Leave Red Hill the way it is? Yes= 72 (21 %), No= 273= (79%) Next, Mujib Ahmed of KOA Corporation presented the results of the February, 2009 Red Hill Traffic Study. This traffic study addressed 4 items. These items were as follows: 1. Origin and Destination study. 2. Level of Service Analysis. 3. Travel Time and Delay Study. 4. Review of Accident History. 5. Traffc Volume Study A summary of the results of the February, 2009 study were as follows: Origin and Destination Study: This study determined the amount of cut-through traffic by recording vehicle license plates at all 3 entry points into Red Hill, at Valle Vista School and at the Red Hill Country Club driveway. The survey was conducted during the AM, Noon, and PM peak hours. The study found that between 70 and 90 vehicles per hour use Alta Cuesta to drive between Foothill Boulevard and Base Line Road during the AM and PM peak hours. However, only between 5 and 10 vehicles per hour use Red Hill Country Club Drive to travel between Foothill Boulevard and Carnelian Street. 2. Level of Service Analysis: Level of service is a measure of the capacity of an intersection relative to the amount of traffic volume. Level of Service A indicates that there is very little traffic congestion, and Level of Service F indicates heavy congestion. The intersections analyzed were as follows: 1. Foothill Boulevard at Red Hill Country Club Drive 2. Base Line Road at Alta Cuesta Drive 3. Carnelian Street at Red Hill Country Club Drive 4. Carnelian Street at Base Line Road 5. Foothill Boulevard at Carnelian Street P537 CITY COUNCIL STAFF REPORT SUBJECT: APPROVAL OF NEXT STEPS RELATED TO THE RED HILL AREA TRAFFIC STUDY Page 3 April 1, 2009 The Study found that there was no negative impact to these intersections if Red Hill Country Club Drive should be closed. 3. Travel Time and Delay Study. This Study was done to quantify the amount of inconvenience to residents if Red Hill Country Club Drive should be closed. Travel time runs were made from the intersection of Camino Norte and Alta Cuesta to the intersection of Foothill Boulevard and Red Hill Country Club Drive. The study found that it takes 2:20 (min/sec) to travel between intersections if Red Hill Country Club Drive is open, and 6:55 (min/sec) if Red Hill Country Club Drive is closed. Therefore, the average increase in travel time would be 4:35 (min/sec) per trip if Red Hill Country Club Drive is closed. 4. Accident History: Accident History was examined for Red Hill Country Club Drive and for Alta Cuesta for the years 2000 through 2008. From 2000 to 2007, there were a total of 22 accidents on Alta Cuesta and Red Hill Country Club Drive. This is an average of 3 accidents per year for both streets combined. In 2008 there were a total of 12 accidents on both streets. A summary of accidents is shown in the following Table 1. Table 1-Accident History Street Year 2000-2007 Year 2008 Alta Cuesta Drive 15 7 Red Hill Count Club Drive 7 5 Total Both Streets 22 12 5. Traffic counts were collected for Red Hill Country Club Drive and Alta Cuesta on July 13, 2006, October 4, 2006, and on May 20, 2008. A summary of the traffic counts taken on each of these dates is as follows: Street July 13, 2006 October 4, 2006 May 20, 2008 Alta Cuesta, 2161 2786 4275 Base Line to RHCCD Red Hill CCD, 3180 3600 4977 Foothill to Alta Cuesta Red Hill CCD 3065 4022 2293 Alta Cuesta to Carnelian At the March 3, 2009 workshop, 17 residents spoke in favor of the closure and 28 residents spoke against the closure. Staff requested a show of hands of residents in favor of the closure, and in staff's opinion the audience appeared evenly split between those in favor of and those opposed to the closure of Red Hill Country Club Drive. The residents in favor of the closure were very P538 CITY COUNCIL STAFF REPORT SUBJECT: APPROVAL OF NEXT STEPS RELATED TO THE RED HILL AREA TRAFFIC STUDY Page 4 April 1, 2009 concerned about traffic safety, speeding traffic, and the number of traffic accidents that have occurred recently. Many of the residents that spoke in apposition to the closure were concerned about increased travel time, inconvenience, the loss of direct access to the San Antonio Hospital, and requested that the City conduct an independent survey of Red Hill residents. Staff recommends that the City Council consider conducting a survey of Red Hill residents that would provide an opportunity to express their perspective on whether or not Red Hill Country Club Drive should be closed or remain open. City staff will mail a survey to each residential property in the Red Hill area. The survey will be anonymous, and only one survey will be allowed per household. After the surveys are tabulated, staff will schedule a special City Council meeting for the Council to review the survey results, receive public comment, and determine the next steps. A sample survey is attached. ~ ~ R ully ted, J ark Stdue~ ~ ~/%%%~~ Director Engineering Services/City Engineer Attachments: Sample Survey P539 Mayor Do~:~.o ~. huR~rl [, nLD. d~fayor ProTem L. Dl~.~irls ~LCnAII. CaunrilmemberJ Rr~ Gc'r1rR>;rz_ DIANE VC~IL].lAMS _ $AM $PA(3NOL0 City Manager J THE CITY OF RANCHO CUCAMONGA JACl:1.AM, ~ICP RANCHO C,UCAMONGA April 1, 2009 SUBJECT: RED HILL COUNTRY CLUB DRIVE CLOSURE SURVEY Dear Red Hill Resident, On May 6, 2008, residents of the Red Hill neighborhood submitted a petition requesting the permanent closure of Red Hill Country Club Drive. The City Council subsequently authorized staff to retain a consultant to conduct a study to analyze circulation in the Red Hill area. The consultant completed their analysis, and the results were presented at a workshop held on March 3, 2009. Approximately 300 Red Hill residents attended this meeting at Valle Vista Elementary School. A summary of the results presented by the consultant at the meeting is as follows: 1. A license plate origin and destination study was conducted. This study found that between 70 and 90 vehicles per hour use Alta Cuesta to cut-through Red Hill to travel between Foothill Boulevard and Base Line Road. The study found that between 5 and 10 vehicles per hour use Red Hill Country Club Drive to travel between Foothill Boulevard and Carnelian Street. 2. A travel time and delay study found that on average travel time would increase by 4.5 minutes to travel from a typical home in Red Hill to the intersection of Foothill Boulevard and Red Hill Country Club Drive if Red Hill Country Club Drive is closed. 3. The study examined accident history from 2000 to 2008. during this time period there were 22 accidents on Alta Cuesta and 12 accidents on Red Hill country Club Drive. The City Council desires to know your feedback regarding this issue. Please complete the attached survey and return it by Tuesday, April 21, 2009 to the City of Rancho Cucamonga, PO Box 807, Rancho Cucamonga, CA. 91730, attention: Jon Gillespie, Traffic Engineer. Each survey has been individually embossed and only original surveys with the embossed stamp will be accepted. One survey is being sent to each residence and is designed to be anonymous but you can include your name and address as optional information on the survey form. The City Council has requested that a discussion of the study and the feedback from this survey take place at a special Council meeting at a date to be determined. If you have any questions, please contact me at 909-477-2700, ext. 4051. Sincerely, Jon Gillespie Traffic Engineer 10500 Civic Center Dr. • P.O. &;x 80i • Rancho Cucamoaym, CA 9]729 • "rcl 909 477-2700 • Pzc 909 477-2849 • www.ei.ranchi ~-u¢umon~a.ca.us VICINITY MAP \~~II RED HILL ~~ COUNTRY Ue/ CLUB W J L J v r ELECTRIC GATE WITH EMERGENCY VEHICLE ACCESS ONLY PROPOSED NEW ~ DRIVEWAY TO RED HILL COUNTRY CLUB COUNTRY' VALLE VISTA ELEMENTARY SCHOOL 0 ~ s W U Q ~ 0 v a ~ ~ I ~~J ~ ' ~ u , J Q ~ W ~'~ '/ / \ I I i ' L_/ J0 I \"I JI v Uv ~ R J ~~, ~~~ ~~ ~O H~~C . GOV~~R~ Q~~ o ~ G~J~ ,/~\ ~~ GPM\N ~~~~;' ~ ~ RED HILL ~~ ~~` CARRABE ST ~~~ / / . ,~ /i' i \~~~~ PERMANENT FENCE WI ,t~~ ~ ~~ ~~ V LOCKED GATE EMERG~~iCY// \ ~ ~, VEHICLE ACCESS-~~~ ss ~~ FOOTH I L-L%~i~VD ~/~ CITY OF RANCHO CUCAMONGA REDHILL STREET CLOSURE N N.T.S. P541 PAGE2 RED HILL STREET CLOSURE SURVEY Please vote yes or no for one of the following. Yes No ^ ^ Permanently close Red Hill Country Club Drive and Calle Caribe which will eliminate access (other than emergency vehicles) to/from Foothill Boulevard (refer to diagram on back of this survey). OR ^ ^ Keep all streets in the Red Hill area open. Only one survey will be allowed per residence. Only this original embossed survey will be accepted. Please mail or deliver your survey to the City of Rancho Cucamonga, P.O. Box 807, Rancho Cucamonga, CA. 91730, attention Jon Gillespie, Traffic Engineer. All surveys must be received by Tuesday, April 21, 2009. Optional Information: Name: Street Address: 10500 Civic Ceuter Dc • P.O. Box 807 • Rancho Cucamonga, CA 91729 • Tel 909 477-2700 • Fax 909 477-2849 • www.ci-rancho-cucamnonga.ca.us' P542 MEMORANDUM CI'n' IVLSti.1GER~S OFFICE Date: April 1, 2009 To From: By: Subject: Mayor and Members of the City Council :~ _, ~ ~. L[Y;~ r~ RANCHO CUCAMONGA Pamela S. Easter, Assistant City Manager John Gillison, Deputy City Manager/Administrative Services James ,~r yer, Plann' g Director Pamel ,~as er, Assistant City Manager Additional information to Assist in Reviewing the Qualified Developer Candidates -- for the Proposed 1,200 acre City -County Project On March 2 and 3, 2009, the City Council held special Council workshops to interview six qualified developer candidates who responded to a Request for Qualification (RFQ) on the above referenced project, released by the City in July 2008. On March 2, the City Council received written notice from Toll Brothers that they had joined the Richland Communities Team. As a result, the fallowing five applicants were interviewed on the two days in the following order: RC Alliance Foremost Communities K & K Developers Richland Communities/Toll Brothers Brookfield Homes City staff has arranged for the City Council to be able to hold a van tour of the 1200 acres area on Tuesday, April 7 from 4:00 - 6:00 p.m. The tour will be conducted by the San Bernardino County Flood Control District staff, and will provide the Council an opportunity to see various aspects of the area and existing infrastructure "up close". The April 7, 2009 tour will be noticed as a special City Council meeting. Staff has also asked the Councilmembers, individually, to provide staff with any additional potential questions for the candidates. The suggested questions that were received by staff have been reviewed by the City Attorney. These questions will be submitted to each of the candidates for their response by April 30, 2009. Once received, the responses will be provided to all Councilmembers. In addition to the tour of the 1200 acres and the questions, the Council may wish to discuss any other information that it would like to request of the qualified candidates. One possibility would be to view, either through site visits or videotape, examples of projects developed by the candidates that are similar to their vision for the 1200 acres or have special features that they would like to show the City Council. Attachment P543 ADDITIONAL INPORMA'I'ION 'CO ASSIS'I' IN Re\'IEIX~ING THL' QUALIRIGD DEVELOPER CANDIDATES - PAGE 2 - FOR'1'HE PROPOSED 1,200 :1CI2I: CITY - COUNTY PROJECT APRIL 1, 2009 Proposed 1,200 acre City -County Project List of Questions to Ask the Qualified Candidates • In the past, have you ever defaulted on a loan, declared bankruptcy, and/or do you currently have any defaults on loans in your financial statements or portfolios? Is so, explain details? • Do you currently have defaults on loans related to Master Planned Developments? If so, tell us why? • In the past, have you ever been sued by a municipality or are you currently involved in any litigation with a Municipality for non-performance related to any development agreements, contracts, etc.? If so, please provide summary details. • Are golf courses profitable today? Can these make money? • What is the number one most innovative design of a project that you have done? Why do you think it is?