HomeMy WebLinkAbout2009/05/20 - Agenda Packet~ ~~
10500 Civic Center Drive ~ Rancho Cucamonga, CA 91730-3801
City Office: (909) 477-2700
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REDEVELOPMENT AGENCY
FIRE PROTECTION DISTRICT BOARD
CITY COUNCIL
REGULAR MEETINGS
1St and 3`d Wednesdays ~ 7:00 P.M.
MAY 20, 2009
MEMBERS
MAYOR
MAYOR PRO TEM
COUNCIL MEMBERS
Donald J. Kurth, M.D.
L. Dennis Michael
Rex Gutierrez
Sam Spagnolo
Diane Williams
CITY MANAGER
CITY ATTORNEY
CITY CLERK
Jack Lam, AICP
James L. Markman
Janice C. Reynolds
ORDER OF BUSINESS
CLOSED SESSION Tapia Conference Room............ 5:30 P.M.
REGULAR MEETING Council Chambers ........................ 7:00 P.M.
May 6, 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, May 6, 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 5:30 p.m. by
Chairman/PresidenUMayor Donald J. Kurth.
Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo,
Diane Williams, Vice Chairman/Vice President/Mayor Pro Tem L. Dennis Michael and
Chairman/President/Mayor Donald J. Kurth.
Also present were: Pamela Easter, Assistant City Manager; D. Craig Fox, Deputy City Attorney;
John Gillison, Deputy City Manager/Administrative Services and Linda D. Daniels, Redevelopment
Agency Director.
B. ANNOUNCEMENT OF CLOSED SESSION ITEM S
Chairman/President/Mayor Donald J. Kurth announced the closed session items:
D1. 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
D2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE
SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST
CORNER OF 9T" STREET AND MADRONE AVENUE -LINDA D. DANIELS, RDA
DIRECTOR, NEGOTIATING PARTY-RDA
D3. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH WEST CORNER OF
FOOTHILL BOULEVARD AND ARCHIBALD AVENUE -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'ii
Closed session began at 5:30 p.m.
....,.
E. CITY MANAGER ANNOUNCEMENTS
No announcements were made.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 6, 2009
Page 2 of 18
F. RECESS 'I
The closed session adjourned at 6:45 p.m. with no action taken.
,.,._
G. REGULAR MEETING 'i
CALL TO ORDER - 7:00 P.M.
COUNCIL 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/President/Mayor Donald J. Kurth called the
meeting to order at 7:07 p.m.
Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo,
Diane Williams, Vice Chairman/Vice President/Mayor Pro Tem L. Dennis Michael and
Chairman/President/Mayor Donald J. Kurth.
Also present were: Pamela Easter, Assistant City Manager; D. Craig Fox, Deputy City Attorney;
Jim Frost, City Treasurer; John Gillison, Deputy City Manager/Administrative Services; James
Troyer, Planning Director; Peter Bryan, Fire Chief; Chief Joe Cusimano, Rancho Cucamonga Police
Department; Debra McKay, Records Manager/Assistant City Clerk and Kathy Scott, Assistant City
Clerk.
H. ANNOUNCEMENTS/PRESENTATIONS
H1. Presentation of a Proclamation in recognition of California Peace Officers' Memorial Day,
May 9, 2009.
Mayor Kurth presented a Proclamation to the California Peace Officer's Association and proclaimed
May 9, 2009 as "California Peace Officers' Memorial Day."
H2. Presentation of Proclamation in recognition of Dave Blevin's retirement.
Mayor Kurth presented a Proclamation to Dave Blevin in recognition of his retirement from the City
of Rancho Cucamonga.
H3. Presentation of certificates for services to the Rancho Cucamonga Animal Care and Services
Department by the students and teachers of Alta Loma, Etiwanda and Los Osos High
Schools.
Mayor Kurth presented certificates of appreciation to the students and teachers of Alta Loma,
Etiwanda and Los Osos High Schools.
H4. Presentation of a Proclamation to the Etiwanda Historical Society and the Historical
Preservation Association of Rancho Cucamonga in recognition of "National Preservation
Month."
Redevelopment Agency, Fire Protection District, City Council Minutes
May 6, 2009
Page 3 of 18
Mayor Kurth presented a Proclamation to the Etiwanda Historical Society and the Historical
Preservation Association of Rancho Cucamonga and proclaimed May, 2009 as "National
Preservation Month."
H5. Recognition of Arrowhead Water and other supporters of the "Run for the Wall" Event, May
13 - 24, 2009.
Mayor Kurth introduced Jim Frost, who recognized Nestle Waters North America and other
supporters of the "Run for the Wall" Event.
I. PUBLIC COMMUNICATIONS
11. Donna Vega, RDA Analyst I, announced the activities to be held at the Arinual Business
Appreciation Week. She introduced Renee Futter from the Rancho Cucamonga Chamber of
Commerce who spoke about the 13'" Annual Spring Swing, to be held on May 12, 2009 at Sierra
Lakes Golf Course.
12. John Barry, from the Art Institute of California, spoke about their Fashion Show, to be held at
Victoria Gardens on June 6, 2009. He introduced Quyenzi Pham, CEO of O. Zi Productions, Inc.,
who will be producing the show.
I3. Ed Dietl invited the Council and the audience to a Father's Day event to be held on June 19'" at
the Epicenter. Tickets are $7 per person and the proceeds will benefit historical preservation.
14. Victoria Jones, President of the Friends of the Pacific Electric Trail, invited everyone to the 2009
Cucamonga Challenge. The event will be held on May 9, 2009 starting from Central Park at 8:00
a.m.
15. Jerie Lee indicated that she had found a loose dog on Day Creek and expressed a concern with
Animal Center's response. She urged the Council to provide more staffing at the Center.
16. Dee Matreyek and Gino Filippi announced the formation of a community garden and farmer's
market. Mrs. Matreyek indicated that they would be applying for grants and requested a letter of
support from the City.
17. Dave Schultz stated that he delivers newspapers and expressed a concern with being pulled
over continuously by the Police Department.
18. Deloris Faheem invited the Council and the audience to the Rancho Cucamonga Relay for Life,
to be held May 16 & 17, 2009 at Rancho Cucamonga High School.
19. Chris Weller supported the formation of a community garden and suggested that the City
promote it in the various City publications.
110. John Lyons thanked the City for hosting the Family & Friends of Murder Victims event. He
spoke about his attendance at the Tip a Cop event. Mr. Lyons expressed a concern with the. State
budget, noted that the Propositions are failing in the polls and expected that the State would take
money from the City rather than cutting costs.
111. Karen Pusateri indicated that she lives at 6412 Eagle Peak Place and stated that she can not
access her utilities. She requested that the City address this matter and take steps to keep it from
happening again.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 6, 2009
Page 4 of 18
112. Sergio Martinez provided photographs of Mrs. Pusateri's home and stated that the City
permitted this activity. He requested that the City address this issue and revisit the regulations to be
sure that it doesn't happen again.
113. Raymond Herrera showed the American Bulldog flag and spoke about the need to recognize
American warriors rather than Cinco de Mayo.
114. Robin Hvldston referenced an incorrect article in the Daily Bulletin which intertwined a
Minuteman Project activity with a day laborer memorial. She stated that the flag rally was ended
early so that the memorial event could be held.
115. Luella Hairston invited the Council and the audience to the Annual Dinner and Auction
Fundraiser on May 17, 2009.
116. Jim Moffatt spoke regarding the proposed smoking limitations and stated that a smoking area
should be provided at City Hall, on patios provided by businesses for that purpose, etc.
117. Mike Slaughter requested that the City equally enforce the code enforcement violations on
Dakota Avenue.
..,...
J. CONSENT CALENDAR-REDEVELOPMENT AGENCY
The following Consent Calendar items are expected to be routine and non-controversial.
They will be acted upon by the Agency at one time without discussion. Any item may be
removed by an Agencymember for discussion.
J1. Approval of Minutes: April 15, 2009 (Regular Meeting)
J2. Approval of Check Register dated April 8, 2009 through April 29, 2009, for the total
amount of $3,417,156.13.
J3. Approval of Plans, Specifications and Estimates and to authorize the advertising of the
"Notice Inviting Bids" for the Pacific Electric Trail Phase 4 -Grove Avenue to Amethyst
Avenue Project, to be funded from Account No. 26608015650/1189660-0.
RESOLUTION NO. RA 09-004
A RESOLUTION THE RANCHO CUCAMONGA REDEVELOPMENT
AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING
PLANS AND SPECIFICATIONS FOR THE PACIFIC ELECTRIC TRAIL
PHASE 4 -GROVE AVENUE TO AMETHYST AVENUE PROJECT, IN
SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK
TO ADVERTISE TO RECEIVE BIDS.
J4. Approval of Plans, Specifications and Estimates and to authorize the advertising of the
"Notice Inviting Bids" for the Foothill Boulevard Median Lighting Project, to be funded from
Account No. 26608015650/1353660-0.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 6, 2009
Page 5 of 18
RESOLUTION NO. RA 09-005
A RESOLUTION OF THE RANCHO CUCAMONGA
REDEVELOPMENT AGENCY, RANCHO CUCAMONGA,
CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE
FOOTHILL BOULEVARD MEDIAN LIGHTING PROJECT, IN SAID
CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO
ADVERTISE TO RECEIVE BIDS.
J5. Approval of the Housing Subcommittee recommendations regarding changes to the
Redevelopment Agency's First-Time Homebuyer Program.
J6. Approval of the Housing Subcommittee recommendations regarding modifications for the
Mobile Home Rental Assistance Program.
J7. Approval of Amended and Restated Agreement by and between City of Rancho
Cucamonga, Rancho Cucamonga Redevelopment Agency and the Rancho Cucamonga
Chamber of Commerce for a plan of cooperative action for economic development.
J8. Approval of Amendment #1 to the Loan Agreement between the Rancho Cucamonga
Redevelopment Agency and Northtown Housing Development Corporation for the
construction of the San Sevaine Villas Housing Development. (ITEM REMOVED FOR
DISCUSSION)
J9. Approval of Amended Fiscal Year 2008-09 Appropriations.
J10. Approval of a Resolution changing the time of Closed Session.
RESOLUTION NO. RA 09-006
A RESOLUTION OF THE RANCHO CUCAMONGA
REDEVELOPMENT AGENCY, RANCHO CUCAMONGA,
CALIFORNIA, DETERMINING THE DAYS, TIME AND PLACE OF
REGULAR MEETINGS OF THE REDEVELOPMENT AGENCY.
J8. Approval of Amendment #1 to the Loan Agreement between the Rancho Cucamonga
Redevelopment Agency and Northtown Housing Development Corporation for the
construction of the San Sevaine Villas Housing Development. (ITEM REMOVED FOR
DISCUSSION)
Pamela Easter, Assistant City Manager, referenced the amended staff recommendation for this
item.
MOTION: Moved by Williams, seconded by Gutierrez, to approve the staff recommendations in the
staff reports contained within the Consent Calendar including the amended staff recommendation
for Item J.B. 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 fo'r discussion.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 6, 2009
Page 6 of 18
K1. Approval of Minutes: April 15, 2009 (Regular Meeting)
K2. Approval of Check Register dated April 8, 2009 through April.29, 2009, for the total
amount of $359,233.23.
K3. Approval to adopt an annexation map showing Assessor Parcel Numbers 0202-161-10, 11
8 20 (Alta Loma Animal Hospital), located on the northeast corner of Base Line Rd., and
Amethyst St., to be annexed into CFD 85-1.
RESOLUTION NO. FD 09-011
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. 09-4) SHOWING PROPERTY
TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1.
K4. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation
No. 09-4 (APNs: 0202-161-10, 11 & 20, Alta Loma Animal Hospital), 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 09-012
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO
CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY
OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING ITS
INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY
(ANNEXATION NO. 09-4) TO COMMUNITY FACILITIES DISTRICT
NO. 85-1.
K5. Adoption of a Resolution declaring results of a Special Election in Community Facilities
District No. 85-1, Annexation No. 09-1 (New Beginnings Family Worship Center -APNs
0207-241-31&46).
RESOLUTION NO. FD 09-013
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO
CUCAMONGA, CALIFORNIA, DECLARING THE RESULTS OF A
SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-
1.ANNEXATION NO. 09-1.
K6. Approval of a Resolution Adopting a Memorandum of Understanding between the Rancho
Cucamonga Fire Protection District and the Fire Support Services Association for Fiscal
Year 2009-10
RESOLUTION NO. FD 09-014
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE DISTRICT AND FIRE SUPPORT
Redevelopment Agency, Fire Protection District, City Council Minutes
May 6, 2009
Page 7 of 18
SERVICES ASSOCIATION RELATIVE TO WAGES, BENEFITS AND
OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL
YEAR 2009-10
K7. Approval of Amended Fiscal Year 2008-09 Appropriations.
K8 Approval of a Resolution changing the time of Closed Session.
RESOLUTION NO. FD 09-015
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO
CUCAMONGA, CALIFORNIA, DETERMINING THE DAYS, TIME AND
PLACE OF REGULAR MEETINGS OF THE BOARD OF DIRECTORS.
MOTION: Moved by Michael, seconded by Williams, to approve the staff recommendations in the
staff reports contained within the Consent Calendar. Motion carried 5-0.
•r++++
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: April 15, 2009 (Regular Meeting)
L2. Approval of Check Register dated April 8, 2009 through April 29, 2009, and payroll ending
April 29, 2009, for the total amount of $8,174,981.14.
L3. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of the
Heritage Park Bull Pen Project to be funded from Account No. 18483035650/1605848-0
(PD-85).
RESOLUTION NO. 09-073
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE HERITAGE PARK BULL PEN PROJECT
IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY
CLERK TO ADVERTISE TO RECEIVE BIDS.
L4. Approval to authorize the advertising of the "Notice Inviting Bids" for the Base Line Road
Pavement Rehabilitation from Hellman Avenue to Ramona Avenue, to be funded from
Proposition 1 B funds.
RESOLUTION NO. 09-074
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE .BASE LINE ROAD PAVEMENT
REHABILITATION FROM HELLMAN AVENUE TO RAMONA AVENUE
IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY
CLERK TO ADVERTISE TO RECEIVE BIDS.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 6, 2009
Page 8 of 18
L5. Approval to authorize the advertising of the "Notice Inviting Bids' for the construction of
Vineyard Avenue Pavement Rehabilitation from 8th Street to Foothill Boulevard to be
funded from Proposition 1 B Funds, Account No. 11943035650/1680194-0.
RESOLUTION NO. 09-075
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE VINEYARD AVENUE PAVEMENT
REHABILITATION FROM 8TH STREET TO FOOTHILL BOULEVARD
IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY
CLERK TO ADVERTISE TO RECEIVE BIDS.
L6. Approval of Plans, Specifications and Estimates and to authorize the advertising of the
"Notice Inviting Bids" for the Pacific Electric Trail Phase 4 -Grove Avenue to Amethyst
Avenue Project, to be funded from Account Nos. 10250015650/1615025-0 and
12143035650/1544214-0. (REMOVED FOR DISCUSSION)
RESOLUTION NO. 09-076
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE PACIFIC ELECTRIC TRAIL PHASE 4 -
GROVE AVENUE TO AMETHYST AVENUE PROJECT, IN SAID CITY
AND AUTHORIZING AND DIRECTING THE CITY CLERK TO
ADVERTISE TO.RECEIVE BIDS.
L7. Approval of Plans, Specifications and Estimates and to authorize the advertising of the
"Notice Inviting Bids" for the Wilson Avenue Landscaping and Trail -Carnelian Avenue to
east of Carnelian Avenue Project, to be funded from Account Nos.
11103165650/1364110-0 and 11763035650/1364176-0.
RESOLUTION NO. 09-077
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE WILSON AVENUE LANDSCAPING AND
TRAIL -CARNELIAN AVENUE TO EAST OF CARNELIAN AVENUE
PROJECT, IN SAID CITY AND AUTHORIZING AND DIRECTING THE
CITY CLERK TO ADVERTISE TO RECEIVE BIDS.
L8. Approval of the Friends of the Pacific Electric Trail Fundraising Plan to Raise Money for
the Enhancement of Trail Amenities and Programs.
L9. Approval of an Agreement with the Inland Valley Daily Bulletin for an All Star Game at the
Rancho Cucamonga Epicenter Stadium on June 4th (practice game date) and June 8,
2009 (game date).
L10. Approval to increase expenditures for the street repairs/improvement by Laird
Construction Co., Inc., to $60,000 to provide emergency services as budgeted in the
Fiscal Year 2008/2009 approved budget in Object Code 5200 and authorizes to make
payment to cover for emergency work done at Foothill Boulevard and Rochester Avenue.
L11. Approval of Improvement Agreement, Improvement Security and ordering the annexation
to Landscape Maintenance District No. 8 and Street Lighting Maintenance District Nos. 1
and 8 for DRC2003-00048, located at the southeast corner of I-210 freeway and I-15
freeway submitted by BVMD, Inc.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 6, 2009
Page 9 of 18
RESOLUTION NO. 09-078
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT
AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2003-
00048.
RESOLUTION NO. 09-079
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF
CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT
NO. 8 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1
AND 8 FOR DRC2003 - 00048.
L12. Release of maintenance guarantee bond for Tract 16274, located at the northwest corner
of Wilson and Mayberry Avenues submitted by New Block Enterprises, Inc.
L13. Release of maintenance guarantee bond for Tract 16372, located on the northwest corner
of Church Street and Etiwanda Avenue submitted by Victoria Arbors, LLC.
L14. Release of maintenance guarantee bond for Tract 16971, located on the east side of
Hellman Avenue, south of Sixth Street submitted by Crestwood Corporation.
L15. Accept the bids received and award and authorize the execution of the contract in the
amount of $152,353.18 to the apparent low bidder, Jeff Tracy, Inc. dba Land Forms
Landscape Construction, and authorize the expenditure of a 10% contingency in the
amount of $15,235.32, for the Banyan Community Trail and Parkway Landscape from
Hellman Avenue to Amethyst Avenue to be funded from Beautification Funds, Account No.
11103165650/1614110-0 and appropriate an additional amount of $22,000.00 to Account
No. 11103165650/1614110-0 from Beautification fund balance.
L16. Approval to award the purchase of play equipment from Landscape Structures, Inc., for
the West Beryl Tot Lot, using US Communities Contract Number 040377.08; and
authorize the expenditure of $209,754.00, plus 10% contingency to be funded from
Account No. 11203055650/1059120-0 (Park Development).
L17. Consideration of the revisions to the San Sevaine Villas Density Bonus Agreement -
DRC2007-00119R -City of Rancho Cucamonga -The proposed revisions to the
approved San Sevaine Villas Density Bonus Agreement to include a Subordination of
Regulatory Agreement clause.
L18. Approval of Amended Fiscal Year 2008-09 Appropriations.
L19. Approval of a Resolution changing the time of Closed Session.
RESOLUTION NO. 09-080
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DETERMINING THE DAYS, TIME AND
PLACE OF REGULAR MEETINGS OF THE CITY COUNCIL.
MOTION: Moved by Michael, seconded by Gutierrez, to approve the staff recommendations in the
staff reports contained within the Consent Calendar including the amended staff report for Item L18.
Motion carried 5-0.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 6, 2009
Page 10 of 18
L6. Approval of Plans, Specifications and Estimates and to authorize the advertising of the
"Notice Inviting Bids" for the Pacific Electric Trail Phase 4 -Grove Avenue to Amethyst
Avenue Project, to be funded from Account Nos. 10250015650/1615025-0 and
12143035650/1544214-0. (REMOVED FOR DISCUSSION)
RESOLUTION NO. 09-076
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE PACIFIC ELECTRIC TRAIL PHASE 4 -
GROVE AVENUE TO AMETHYST AVENUE PROJECT, IN SAID CITY
AND AUTHORIZING AND DIRECTING THE CITY CLERK TO
ADVERTISE TO RECEIVE BIDS.
Councilmember Williams noted that this section of the Pacific Electric Trail is very much needed
and expressed her support of the project. She reported that it should be completed in late 2010.
MOTION: Moved by Williams, seconded by Michael, to approve the staff recommendation in the
staff report. Motion carried 5-0.
M. 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.
M1. CONSIDERATION OF ADOPTION OF A RESOLUTION MAKING DETERMINATIONS
REGARDING THE PROPOSED ANNEXATION OF TERRITORY (NORWALK BLVD.
BAPTIST CHURCH - APN 1100-051-03 -ANNEXATION NO. 09-31 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 09-016
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. 09-3) 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.
Peter Bryan, Fire Chief, presented the staff report.
President Kurth opened the public hearing. As no one wished to speak, President Kurth closed the
public hearing.
MOTION: Moved by Gutierrez, seconded by Michael, to adopt Resolution No. FD 09-016. Motion
carried 5-0.
...,.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 6, 2009
Page 11 of 18
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. CONSIDERATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT FINAL
FUNDING ALLOCATIONS FOR FISCAL YEAR 2009-2010 -DRC 2009-00227 -CITY OF
RANCHO CUCAMONGA - A review of the federally required Annual Action Plan, which
includes the final selection of CDBG projects, based on a new grant allocation of
$1,013,150.
Tom Grahn, Associate Planner, presented the staff report
In response to Councilmember Gutierrez, he indicated that an amended Action Plan as outlined in
the memorandum to the City Council would be placed on the agenda at later date.
Mayor Kurth opened the public hearing. With no one wishing to speak, Mayor Kurth closed the
public hearing.
MOTION: Moved by Gutierrez, seconded by Michael, to adopt the Annual Action Plan. Motion
carried 5-0.
N2. SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT DRC2008-00381 AND
GENERAL PLAN AMENDMENT DRC2008-00384 -FOREST CITY ENTERPRISES. INC. -
A proposed amendment to the General Plan, amending Table III-4 to allow mixed uses
with residential in the Victoria Gardens Regional Mixed Use Lifestyle Center, located in the
eastern portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the
south, Church Street to the north, Day Creek Boulevard to the west and Interstate I-15 to
the east. Related Files: Environmental Impact Report DRC2008-00381, Victoria
Community Plan Amendment DRC2008-00383, Victoria Arbors Master Plan Amendment
DRC2009-00146, Victoria Gardens Master Plan Amendment DRC2009-00145 and,
Development Agreement Amendment DRC2008-00385. (N2 - N6 were considered
together)
N3. SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT DRC2008-00381 AND
VICTORIA COMMUNITY PLAN AMENDMENT DRC2008-00383 - FOREST CITY
ENTERPRISES. INC. - A proposed amendment to the text of the Victoria Community Plan
to accommodate changes to the Victoria Gardens Master Plan (VGMP) and to clarify that
the VGMP shall control the land uses in the VGMP area for the Victoria Gardens Regional
Mixed Use Lifestyle Center, located in the eastern portion of the City of Rancho
Cucamonga bordered by Foothill Boulevard to the south, Church Street to the north, Day
Creek Boulevard to the west and Interstate I-15 to the east. Related Files: Environmental
Impact Report DRC2008-00381, General Plan Amendment DRC2008-00384, Victoria
Arbors Master Plan Amendment DRC 2009-00146, Victoria Gardens Master Plan
Amendment DRC2009-00145 and Development Agreement Amendment DRC2008-
00385. (N2 - N6 were considered together)
N4. SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT DRC2008-00381 AND
VICTORIA ARBORS MASTER PLAN AMENDMENT DRC2009-00146 -FOREST CITY
ENTERPRISES. INC - A proposed amendment to the text of the Victoria Arbors Master
Plan to include references to the VGMP and clarify that the VGMP shall control the land
uses in the VGMP area for the Victoria Gardens Regional Mixed Use Lifestyle Center,
Redevelopment Agency, Fire Protection District, City Council Minutes
May 6, 2009
Page 12 of 18
located in the eastern portion of the City of Rancho Cucamonga bordered by Foothill
Boulevard to the south, Church Street to the north, Day Creek Boulevard to the west and
Interstate I-15 to the east. Related Files: Environmental Impact Report DRC2008-00381,
General Plan Amendment DRC2008-00384, Victoria Community Plan Amendment
DRC2008-00383, Victoria Gardens Master Plan Amendment DRC2009-00145, and
Development Agreement Amendment DRC2008-00385. (N2 - N6 were considered
together)
N5. SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT DRC2008-00381 AND
VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2009-00145 -FOREST CITY
ENTERPRISES. INC.- A proposed amendment to the Victoria Gardens Master Plan
(VGMP) modifying "Permissible Building Areas" to reallocate Dwelling Unit and
Commercial Office square footage, increase the average building heights and change
building setback requirements within the Main Street Area, and clarifying permitted and
conditionally permitted uses within the VGMP, located in the eastern portion of the City of
Rancho Cucamonga bordered by Foothill Boulevard to the south, Church Street to the
north, Day Creek Boulevard to the west and Interstate I-15 to the east. Related Files:
Environmental Impact Report DRC2008-00381, General Plan Amendment DRC2008-
00384, Development Agreement Amendment DRC2008-00385, Victoria Community Plan
Amendment DRC2008-00383, Victoria Arbors Master Plan Amendment DRC 2009-00146.
(N2 - N6 were considered together)
N6.
ENTERPRISES. INC. - A proposed amendment to Development Agreement DA01-02 to
incorporate General Plan Amendment DRC2008-00384; Victoria Community Plan
Amendment DRC2008-00383; Victoria Arbors Master Plan Amendment DRC2009-00146
and Victoria Gardens Master Plan Amendment DRC2009-00145 into the vested rights
applicable to the Victoria Gardens Regional Mixed Use Lifestyle Center, located in the
eastern portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the
south, Church Street to the north, Day Creek Boulevard to the west and Interstate I-15 to
the east. Related Files: Environmental Impact Report DRC2008-00381, General Plan
Amendment DRC2008-00384; Victoria Community Plan Amendment DRC2008-00383,
Victoria Arbors Master Plan Amendment DRC 2009-00146, and Victoria Gardens Master
Plan Amendment DRC2009-00145. (N2 - N6 were considered together)
RESOLUTION NO. 09-081
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, CERTIFYING THE FINAL
SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT
(SCH#20010131028); ADOPTING FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND ADOPTING A
STATEMENT OF OVERRIDING CONSIDERATIONS FOR GENERAL
PLAN AMENDMENT DRC2008-0384, VICTORIA COMMUNITY PLAN
AMENDMENT DRC2008-00383, VICTORIA ARBORS MASTER PLAN
AMENDMENT DRC2009-00146, VICTORIA GARDENS MASTER
PLAN AMENDMENT DRC2009-00145, AND DEVELOPMENT
AGREEMENT AMENDMENT DRC2008-00385, CONCERNING THE
VICTORIA GARDENS REGIONAL MIXED USED LIFESTYLE
CENTER, GENERALLY BOUNDED BY CHURCH STREET TO THE
NORTH, FOOTHILL BOULEVARD TO THE SOUTH, I-15 TO THE
EAST. AND DAY CREEK BOULEVARD TO THE WEST.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 6, 2009
Page 13 of 18
RESOLUTION NO. 09-082
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN
AMENDMENT DRC2008-00384 AMENDING TABLE III-4 (THE
REGIONAL CENTER LAND USE MIX) TO INCREASE THE
DWELLING UNIT DENSITY FOR THE VICTORIA GARDENS
REGIONAL LIFESTYLE CENTER GENERALLY BOUNDED BY
CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO
THE SOUTH, I-15 TO THE EAST, AND DAY CREEK BOULEVARD TO
THE WEST: AND MAKING FINDINGS IN SUPPORT.
ORDINANCE NO. 813 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY
PLAN AMENDMENT DRC2008-00383 CHANGING THE RESIDENTIAL
AND COMMERCIAL STANDARDS AND MODIFYING VARIOUS TEXT
IN THE COMMUNITY PLAN TO ACCOMMODATE THE AMENDED
VICTORIA GARDENS MASTER PLAN ON APPROXIMATELY 174
ACRES OF LAND AND IS GENERALLY BOUNDED BY CHURCH
STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH,
I-15 TO THE EAST, AND DAY CREEK BOULEVARD TO THE WEST,
AND MAKING FINDINGS IN SUPPORT THEREOF.
ORDINANCE NO. 814 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING VICTORIA GARDENS
MASTER PLAN AMENDMENT DRC2009-00145 MODIFYING THE
MASTER PLAN TO ALLOW RESIDENTIAL USES IN THE MAIN
STREET AREA, INCREASE THE AVERAGE HEIGHT IN THE MAIN
STREET AREA TO 120 FEET, WITH A MAXIMUM OF 160 FEET,
AMEND THE BUILDING SETBACK REQUIREMENTS FOR THE MAIN
STREET AREA, AND CLARIFY PERMITTED AND CONDITIONALLY
PERMITTED USES, GENERALLY BOUNDED BY CHURCH STREET
TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, I-15 TO
THE EAST, AND DAY CREEK BOULEVARD TO THE WEST; AND
MAKING FINDINGS IN SUPPORT THEREOF
ORDINANCE NO. 815 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING VICTORIA ARBORS
MASTER PLAN AMENDMENT DRC2009-00146 MODIFYING THE
TEXT OF, THE MASTER PLAN TO MAKE IT CONSISTENT WITH THE
AMENDMENTS TO THE VICTORIA GARDENS MASTER PLAN
PROPOSED BY DRC2009-00145, GENERALLY BOUNDED BY
CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO
THE SOUTH, I-15 TO THE EAST, AND DAY CREEK BOULEVARD TO
THE WEST; AND MAKING FINDINGS IN SUPPORT THEREOF
Redevelopment Agency, Fire Protection District, City Council Minutes
May 6, 2009
Page 14 of 18
ORDINANCE NO. 816 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE THIRD AMENDMENT
TO DEVELOPMENT AGREEMENT 01-02 FOR THE DEVELOPMENT
OF VICTORIA GARDENS, GENERALLY BOUNDED BY CHURCH
STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH,
I-15 TO THE EAST, AND DAY CREEK BOULEVARD TO THE WEST,
INCORPORATING AMENDMENTS TO THE GENERAL PLAN,
VICTORIA COMMUNITY PLAN, VICTORIA ARBORS MASTER PLAN,
AND VICTORIA GARDENS MASTER PLAN; AND MAKING FINDINGS
IN SUPPORT THEREOF
Mayor Kurth stated that the staff report and public hearings for Items N2 - N6 would be considered
together.
Candyce Burnett, Senior Planner, presented the staff report.
In response to Mayor Pro Tem Michael, Ms. Burnett confirmed that the one of the changes was
transferring the residential density from one location to another. Discussion was held with the City
Council regarding the current location of the residential units, the proposed height and the desire to
keep Victoria Gardens a vibrant community with flexibility in design and housing options.
Mayor Kurth opened the public hearing.
Brian Wynne, Project Manager for Forest City, addressed the amendments. Forest City is not
seeking to increase or decrease the number of units allowed but would like to relocate 290 units to
the Main Street area. He addressed the two height zones, noted that the specifics would be placed
on a Council agenda at a later date and stressed the need for flexibility in the development of
Victoria Gardens.
In response to Councilmember Spagnolo, Mr. Wynne indicated that the movement of the residential
units into the Main Street area would create a successful downtown feel. The ideal mix of uses
should include a residential component to be successful. Mr. Wynne did not know what type of
housing component would eventually be placed at Victoria Gardens. He indicated that a marketing
study would be needed to determine the best fit for the project.
In response to Mayor Kurth, the Planning Director confirmed that tall buildings should be safely
constructed. Linda Daniels, Redevelopment Director, indicated that up to 600 units were
contemplated in the area adjacent to Victoria Gardens. As 310 condominiums were eventually built,
the amendment moves the 290 excess housing units to another location.
Mrs. Daniels responded to Councilmember Gutierrez and stated that the Shay property was not
part of this project. Mayor Pro Tem Michael noted that approval of these amendments would
provide the framework for Forest City to submit a proposal. He noted that public hearings were held
by the Planning Commission, who has recommended approval of this matter.
Councilmember Gutierrez enjoyed Victoria Gardens and wondered if the larger structures would
negatively impact the feel of the center. In response, Mr. Wynne concurred that it would be a design
challenge but indicated that it could be done. Councilmember Gutierrez hoped that a spectacular
feature could be developed in this next phase. He requested that the parking problem and traffic
circulation be addressed.
Ed Dietl inquired why the taller buildings could not be developed in the area currently occupied by
the condominiums.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 6, 2009
Page 15 of 18
John Lyons expressed concerns with parking and stated that the area needs to accommodate
vehicles with trailers and boats.
Jerie Lee expressed concerns with developing new residential units, noting that water and parking
would need to be provided.
John Anicnic addressed traffic problems at the corner, noting that there are major traffic problems
now. He felt that more homes would add to the problem.
In response, James Troyer, Planning Director, stressed that more footage was not being added.
600 homes were originally conceived for this area and an environmental impact report was done.
Jerie Lee expressed a concern with moving the residential units into the Main Street area.
Mayor Kurth closed the public hearing.
Councilmember Williams concurred with the proposed amendments and hoped that the economy
would improve so that residential units could be built. She noted that parking would be a crucial
issue and inquired how the parking problem would be addressed. In response, the Redevelopment
Director addressed various parking scenarios, noting that whatever is planned would need to
address the parking requirements.
MOTION: Moved by Michael, seconded by Gutierrez, to adopt Resolution No. 09-081 certifying the
Final Supplemental Environmental Impact Report (SCH#2001013102872) and Resolution No. 09-
082 approving General Plan Amendment DRC2008-003841. Motion carried 5-0.
MOTION: Moved by Spagnolo, seconded by Gutierrez, to waive full reading of Ordinance Nos. 813
- 816 and set second readings for May 20, 2009. Motion carried 5-0.
N7.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA AMENDING ELECTRIC RATES, FEES, AND
CHARGES PURSUANT TO THE REQUIREMENTS AND AUTHORITY
OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA
MUNICIPAL CODE.
Michael TenEyck, Utilities Operation Manager, presented the staff report.
In response to the Mayor, Mr. TenEyck confirmed that the rates were lowered last month. He noted
the need to raise the rates at this time to maintain consistency.
Mayor Kurth opened the public hearing. With no one wishing to speak, Mayor Kurth closed the
public hearing. ,
MOTION: Moved by Michael, seconded by Williams, to adopt Resolution No. 09-083, amending
electric rates, fees and charges. Motion carried 5-0.
N8. CONSIDERATION OF AN ENVIRONMENTAL ASSESSMENT AND RELOCATION
AGREEMENT - DRC2009-00163 -SAN DIEGO OUTDOOR ADVERTISING - An
environmental review for a Billboard Relocation Agreement (0009-193) to facilitate the
removal of two existing billboards (within the Foothill Boulevard right-of-way on the north
RESOLUTION NO. 09-083
Redevelopment Agency, Fire Protection District, City Council Minutes
May 6, 2009
Page 16 of 18
side of Foothill Boulevard approximately 180 feet west of Highridge Place, and Archibald
Avenue south of Foothill Boulevard, APN 0208-261-51-0000 (Service address is 9677
Foothill Boulevard). Replace one of the Billboards with a Freeway two-panel changeable
message digital dis~lay, to be located on the east side of the I-15 Freeway, approximately
625 feet north of 6" Street, APN 0229-271-47. Staff has prepared a Mitigated Negative
Declaration of environmental impacts for consideration.
RESOLUTION NO. 09-084
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING A
BILLBOARD RELOCATION AGREEMENT, AND MAKING
FINDINGS IN SUPPORT THEREOF -APN: 0229-271-47 (9004
HYSSOP AVENUE).
Dona Vega, RDA Analyst I, presented the staff report
In response to Mayor Pro Tem Michael, Ms. Vega confirmed that this action would eliminate two
billboards in the middle of the City and place a billboard adjacent to the I-15 freeway.
Councilmember Gutierrez thanked San Diego Outdoor Advertising for removing the two billboards
and for providing space on the message display board for City messages.
In response to Councilmember Spagnolo, it was noted that it would take about six months to
construct the billboard. The land that the current billboards are at would remain intact.
Mayor Kurth opened the public hearing.
Jim Witch indicated that he was present on behalf of the applicant to answer any questions.
In response to Councilmember Gutierrez, Mr. Witch stated that if all of the advertising spaces were
not sold, the company would provide additional time to the City. He confirmed to Mayor Pro Tem
Michael that the City would always receive six seconds per minute of advertising time on the
billboard.
In response to John Lyons, it was noted that this company did not own the land that the gas station
occupies.
Ed Dietl spoke in support of the application.
Mayor Kurth closed the public hearing.
MOTION: Moved by Williams, seconded by Gutierrez, to adopt Resolution No: 09-084, approving a
billboard relocation agreement. Motion carried 5-0.
,.._.,
O. CITY MANAGER'S STAFF REPORTS
The following items have no legal publication or posting requirements.
01. REVIEW AND REQUEST FOR ADOPTION OF THE "SPIRIT OF RANCHO
CUCAMONGA" GUIDING PRINCIPLES VISION STATEMENT
James Troyer, Planning Director, presented the staff report.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 6, 2009
Page 17 of 18
Sam Gennawey, Senior Project Manager for Hogle-Ireland, Inc. presented the "Spirit of Rancho
Cucamonga" guiding principles vision statement.
MOTION: Moved by Williams, seconded by Michael, to adopt the "Spirit of Rancho Cucamonga"
guiding principles vision statement. Motion carried 5-0.
....,.
P. COUNCIL BUSINESS
The following items have been requested by the City Council for discussion.
P1. ADDITIONAL INFORMATION TO ASSIST IN REVIEWING THE QUALIFIED DEVELOPER
CANDIDATES FOR THE PROPOSED 1.200 ACRE CITY -COUNTY PROJECT
Pamela Easter, Assistant City Manager, presented the staff report.
MOTION: Moved by Michael, seconded by Williams, to direct staff to forward the additional
questions to the qualified developer candidates. Motion carried 5-0.
P2. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per
Councilmember.)
Councilmember Spagnolo reported that CERT training would be offered on June 3 - 5, 2009 in
Anaheim. He reported on the Rancho Cucamonga Fire Department wildland drill, which was held
on April 29, 30 and May 1, 2009. Councilmember Spagnolo reported that he will be attending a
prayer breakfast sponsored by the Rancho Cucamonga Women's Club and recently attended the
opening ceremonies for a Cinco de Mayo event. Lastly, he congratulated the Rancho Cucamonga
Equestrian Patrol for winning second place at a recent parade.
Councilmember Gutierrez noted that he had recently visited the Bella Vista area and noted that
there are some weed abatemenUfire hazard concerns on many streets. He reported on his recent
visit with a delegation from China. Councilmember Gutierrez spoke in opposition to the ballot
measures listed on the May 19, 2009 ballot.
Mayor Pro Tem Michael indicated that he will be attending the Police Officer Memorial Day event
on May 9, 2009 and requested that tonight's meeting be adjourned in the memory of police officers
who have lost their life in the line of duty during the last year. Mayor Pro Tem Michael thanked
Dave Blevins for his years of service to the City.
Councilmember Williams confirmed that the Cinco de Mayo event was great. She noted that the
Lewis Family Playhouse would be showing a tribute to the Rat Pack on May 8, 2009. Also,
Councilmember Williams reminded everyone of the Cucamonga Challenge to be held Saturday at
Central Park.
Mayor Kurth noted that everyone needs to send a message to the State that the budget crisis is not
okay. He stated that tobacco kills people and second hand smoke is not okay. Mayor Kurth
encouraged the audience to fill out the smoking survey on the City's Internet site. He reported on a
recent breakfast that he had with Congresswoman Mary Bono regarding the need to improve health
care in California. Lastly, he indicated that he supported the development of a community garden in
Rancho Cucamonga.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 6, 2009
Page 18 of 18
P3. LEGISLATIVE AND REGIONAL UPDATES (Oral)
Councilmember Spagnolo read portions of a Resolution prepared by the League of California Cities
regarding the State's budget crisis and lack of accountability. He concurred with Councilmember
Gutierrez that the State has not fixed its budget crisis.
_.....
Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING
Councilmember Gutierrez requested a report on the Hererra matter and an update on the progress
being made to provide access to the neighbor's utilities.
R. ADJOURNMENT
Mayor Kurth adjourned the meeting at 10:45 p.m. in the memory of police officers who have fallen
in the line of duty.
Respectfully submitted,
Debra L. McKay, MMC
Assistant City Clerk/Records
Manager
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May 19, 2009
To: Rancho Cucamonga City Council
From: Jeremy Salvador
Gentlepersons
I have known Rex Gutierrez for the better part of a decade. I first met him in 2002 through Fontana High
School's Mock Trial team, where he volunteered his time and experience. Throughout the years, 1 have
observed first hand his work ethic, philanthropic spirit, and professional demeanor. As a local citizen and
former Rancho Cucamonga Chamber of Commerce member, I believe strongly that he has been an
excellent addition to the City Council, serving with principles and distinction. He possesses outstanding
values and character, having clearly taken the high road on controversial issues.
He has made a difference in my life and I look at him as a role model and a model citizen. He is bright,
articulate, and polished. I urge you to reconsider your scrutiny of him.
Respectfully,
Jeremy Salvador
Office of Technology Transfer and Commercialization
California State University of San Bernardino
RANCHO CUCAMONGA REDEVELOPMENT AGENCY Pl
Asenda Check Resister
4/30/2009 through 5/12/2009
Check No. Check Date Vendor Name Amount
AP - 00282221 5/6/2009 BANC OF AMERICA LEASING 221.47
AP - 00282292 5/6/2009 FEDERAL EXPRESS CORP 15.43
AP - 00282292 5/6/2009 FEDERAL EXPRESS CORP 12.42
AP - 00282323 5/6/2009 INLAND EMPIRE UTILITIES AGENCY 682,732.54
AP - 00282327 5/6/2009 INTERNATIONAL COUNCIL OF SHOPPING CEN' 50.00
AP - 00282337 5/6/2009 KEC COMPANY 1,125,007.04
AP - 00282337 5/6/2009 KEC COMPANY -I 12,500.70
AP - 00282340 5/6/2009 KLEINFELDER INC 679.00
AP - 00282340 5/6/2009 KLEINFELDER INC 679.00
AP - 00282377 5/6/2009 NINYO & MOORE 17,326.00
AP - 00282379 5/6/2009 NORTHTOWN HOUSING DEVELOPMENT CORP. 3,060.60
AP - 00282392 5/6/2009 PENDLETON PARTNERS INC 1,350.00
AP - 00282392 5/6/2009 PENDLETON PARTNERS INC 21,793.00
AP - 00282407 5/6/2009 RICHARDS WATSON AND GERSHON 478.00
AP - 00282407 5/6/2009 RICHARDS WATSON AND GERSHON 114.00
AP - 00282407 5/6/2009 RICHARDS WATSON AND GERSHON 2,310.00
AP - 00282407 5/6/2009 RICHARDS WATSON AND GERSHON 724.83
AP - 00282461 5/6/2009 UNION BANK OF CALIFORNIA 112,500.70
AP - 00282469 5/6/2009 URBAN GRAFFITI ENTERPRISES INC 3,405.00
AP - 00282469 5/6/2009 URBAN GRAFFITI ENTERPRISES INC 4,905.00
AP - 00282477 5/6/2009 VERIZON BUSINESS 3,192.60
AP - 00282495 5/6/2009 YAMADA ENTERPRISES 3,947.53
Total for Check ID AP: 1,872,003.46
Total for Entity: 1,872,003.46
User: VLOPEZ -Veronica Lopez Page: 1 Current Date: 05/13/200
Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:42:3
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STAFF REPORT
KEDFI~FLOPMENT AGENCY
RANCHO
Date: May 20, 2009 CUCAMONGA
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
Subject: APPROVE AND AUTHORIZE AN INCREASE TO CONTRACT NO. 09-176/RA09-006 IN
THE AMOUNT OF $37,396.67 TO MEGA WAY ENTERPRISES, AND APPROVE
CONTRACT CHANGE ORDER N0.1 FOR INCREASING THE BLOCK WALL HEIGHT
FOR THE CONSTRUCTION OF FOOTHILL BOULEVARD AND ETIWANDA
SIDEWALKS AND BLOCK WALLS PROJECT, TO BE FUNDED FROM RDA FUNDS,
ACCOUNT NO. 26408015650/1670640-0 AND APPROPRIATE AN ADDITIONAL
AMOUNT OF $37,396.67 TO ACCOUNT NO. 26408015650/1670640-0 FROM RDA
FUND BALANCE
RECOMMENDATION
It is recommended that the Redevelopment Agency approve and authorize an increase to contract
No.09-176/RA09-006 in the amount of $37,396.67 to Mega Way Enterprises, and authorize the City
Engineer to approve Contract Change Order No. 1 for increasing the block wall height for the
construction of Foothill Boulevard and Etiwanda Avenue sidewalks and block walls to be funded from
RDA Account No. 26408015650/1670640-0, and appropriate an additional amount of $37,396.67 to
Account No. 26408015650/1670640-0 from RDA Fund balance.
BACKGROUND/ANALYSIS
Residents living in this area have expressed an interest in having a separated pathway for their
children to walk on Etiwanda Avenue and Foothill Boulevard. Currently, there are no sidewalks on the
east side of Etiwanda Avenue from South of Chestnut to Foothill Boulevard and no sidewalks on the
south side of Foothill Boulevard from Etiwanda Avenue to east of Cornwall Avenue. The installation
of these sidewalks will enable children to walk along Foothill Boulevard and Etiwanda Avenue without
having to face the dangers associated with busy traffic. Proceeding with this project serves the public
purpose . by helping to promote the safety of children in the City of Rancho Cucamonga. The
perimeter wall were added and budgeted by RDA to beautify and achieve uniformity of the
surrounding area.
This contract change order provides for additional courses of block to maintain the height of the
proposed 6-foot high block wall along the private property side. After demolition of the existing fence,
staff found that there is a grade difference between the private property and the existing parkway,
approximately 1 to 2 feet in elevation. Therefore, additional courses of block are needed to secure the
private properties and maintain the standard height of the wall. After adding this change order, the
cost is still under the budgeted amount.
Respectful) s tte~~/// '~
~oi2.-
ark A. Steuer
Director of Engineering Services/City Engineer
P20
MAS/RMD:Is
`7TrT~T r~ ~,~ A P21
V!~"vt1V~l~ 1~.1~Y~~
ALMO D S
~u HILLSIDE D
_ ~ ~ ^ IL AVE 24TH ST
~ BANYAN ST ~ ^ I BANYAN 5T ~~
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~ O
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C,~~ I ~ ~P
~~ z ~ x VICTOR ARK ~N < F~~P
~¢ ASE LIN RD "'°` °"~ w ~
o HUR ST RR o ~ PROJECT
LOCATIOl~
¢ ~
~ > s ,h
FO HILL BLVD ~ z ¢ F THI BLVD ~ ~ ~~
66 Q 6~6
10500 C C D
m
¢ ~ = RROW 0 ~
w
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8TH ST ~ ~
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> I ~ w =
¢ 4TH ST ~
ONTARIO CITY LIMI~i
CITY OF RANCHO CUCAMONGA
FOOTHILL BLVD./ETIVPANDA AVE. IMPROVEMENTS
S/S OF Sf11fANDA Av>B - FEOM FOOTffiIb HLVD To 550' S/0 CBIB,SNOT AvE. N
S/S OF FOOTHILLL AVE - FHOM Sl'l1fANDA AVE TO 210' B/0 COHNIfALL. AVS. x.x.s.
STAFF REPORT
ttL:DF VELOPA1rNT AGENCY
Date: May 20, 2009
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 Superintendent~~
Shelley Hayes, Assistant Engineer S't-ki///
P22
. .
r
RANCHO
C,UCAMONGA
Subject: ACCEPT THE EPICENTER STADIUM SEAT REPLACEMENT PROJECT, CONTRACT
NO. RA08-018 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 NO"fICE OF COMPLETION AND
APPROVE THE FINAL CONTRACT AMOUNT OF $707,261.10
RECOMMENDATION
It is recommended that the Redevelopment Agency accept the Epicenter Stadium Seal
Replacement Project, Contract No. RA08-018, 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 $702,684.10 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 $70,726.11, 35 days after acceptance. Also, approve the final contract amount of
$707,261.10.
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 Stadium Seat Replacement Project scope of work consisted of removal and off-site
disposal of all stadium seating and cup-holders and replacement in kind per the city seating plan
and manufacturers specifications. 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:
$1,200,000.00
2646801-5602
$1,200,000.00
December 5, 2007
March 11 and 18, 2008
April 15, 2008
June 4, 2008
Herk Edwards Inc.
P23
REDEVELOPMENT AGENCY STAFF REPORT
Re: Accept Epicenter Stadium Seat-Replacement
May 20, 2009
Page 2
Contract Amount:
10% Contingency:
Final Contract Amount:
Difference in Contract Amount:
$702,684.10
$70,268.41
$707,261.10
$4,577.00 (0.65%)
The net increase in the total cost of the project is a result of one (1) Contract Change Order, which
provided for the contractor to purchase and deliver 25 additional matching upholstered seats for
stock.
Respectfully submitted, t' /
~ ~~
/~~,~~
~v,~
Mark A. Steuer
Director of Engineering Services/City Engineer
TQ/S H:I s
Attachments
P24
VECINiTI( MAP
~~
CITY OP
RANCHO CUCAMONGA
P25
RESOLUTION NO. Rrt r~~-C~7
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING
THE EPICENTER STADIUM SEAT REPLACEMENT PROJECT,
CONTRACT NO. RA08-018 AND AUTHORIZING THE FILING OF
A NOTICE OF COMPLETION FOR THE WORK
WHEREAS, the Epicenter Stadium Seat Replacement Project, Contract No.
RA08-018, 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.
STAFF REPORT'
RLDFVELOPMENTAGENCY
Date: May 20, 2009
To: Chairman and Redevelopment Agency Members
Jack Lam, AICP, Executive Director
From: Mark A. Steuer, Director of Engineering Services/City Engineer
By: Walt Stickney, Associate EngineertlLS~"
Shelley Hayes, Assistant Engineer `j-~-}
P26
RANCHO
CUCAMONGA
Subject: ACCEPT THE PACIFIC ELECTRIC TRAIL PHASE V IMPROVEMENTS, CONTRACT
NO. 08-093 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 NOl~ICE OF COMPLETION AND
APPROVE THE FINAL CONTRACT AMOUNT OF $1,13:1,978.11
RECOMMENDATION
It is recommended that the Redevelopment Agency accept the Pacific Electric Trail Phase V, from
1200 feet east of Etiwanda Avenue to east city limit improvements, Contract No. 08-093, 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
$993,284.00 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 $113,597.81, 35 days after acceptance. Also,
approve the final contract amount of $1,135,978.11.
BACKGROUNDIANALYSIS
The subject project has been completed in accordance with the approved plans and specifications
and to the satisfaction of the City Engineer.
The Pacific Electric Trail Phase V, from 1200 feet east of
improvements scope of work consisted of installation of P.C.C.
installation of trail lights and a traffic signal at Etiwanda Ave
hardscaping, etc., plus some additional work on Phases 1, 2
Empire Trail -Amethyst Avenue to 1200' east of Etiwanda P
project is as follows:
Budgeted Amount:
Account Numbers:
%- Engineer's Estimate:
Redevelopment Agency's
Approval to Advertise:
$1,202,600.00
Etiwanda Avenue to east city limit
trail and a decomposed granite trail,
iue, installation of landscaping and .
and 3 of the Pacific Electric Inland
venue. Pertinent information of the
11923035650/1612192-0, 1214035650/1612214-0,
11203055650/1612120-0, 1 1 763035650/1 61 21 76-0
and 2650801-5650/1612650-0
$1,059,563.50
May 7, 2008
P27
REDEVELOPMENT AGENCY STAFF REPORT
Re: Accept Pacific Electric Trail Phase V Improvements
May 20, 2009
Page 2
Publish dates for local paper
Bid Opening:
Contract Award Date:
Low Bidder:
Contract Amount:
10% Contingency:
Final Contract Amount:
Difference in Contract Amount:
May 16 and 22, 2008
June 24, 2008
July 16, 2008
Grand Pacific Contractors Inc.
$993,284.00
$99,328.40
$1,135,978.11
$142,694.11 (14.37%)
The net increase in the total cost of the project is a result of six (6) Contract Change Orders
including the Balancing Statement. The notable changes that were significant to the increase of the
Contract amount were Contract Change Order Nos. 1 to 4 which required the contractor to
purchase and install a staging area paved with Nexpave and header curb as well as a Rest Area
including benches, trees, irrigation, a drinking fountain and bicycle racks at Central Park; additional
work to install rest areas at Haven Avenue, Day Creek Boulevard and Archibald Avenue; also
installed temporary fencing at the easterly City limits; additional work at Hermosa Avenue to
alleviate local drainage problems and additional work at Etiwanda Avenue to alleviate local
drainage problems, demo and replace existing concrete panels and curb, and removal and
replacement of a block wall rail. The Balancing Statement accounted for the minor increases and
decreases in the project quantities.
Respectfully s~ubmitted~j%~~~/~
Mark A. Steuer
Director of Engineering Services/City Engineer
MASNVS/SH:Is
Attachments
P28
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P29
RESOLUTION NO. R~ D-/ ~OD D
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING
THE PACIFIC ELECTRIC TRAIL PHASE V IMPROVEMENTS,
CONTRACT NO. 08-093, AND AUTHORIZING THE FILING OF A
NOTICE OF COMPLETION FOR THE WORK
WHEREAS, the Pacific Electric Trail Phase V improvements, Contract No. 08-
093, has been completed to the satisfaction of the City Engineer; and
complete.
WHEREAS, a Notice of Completion is required to be filed, certifying the work
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.
P30
STAFF REPORT .. -
PUBLIC WORKS SERVICES DEPARTMENT ~~ Y",~~
RANCHO
Date: May 20, 2009 cUCAMONGA
To: Chair and Members of the Redevelopment Agency
Jack Lam, AICP, City Manager
From: Jim Howell, Interim Public Works Services Director
By: Ty Quaintance, Facilities Superintendent
Michael Maston, Assistant Engineer
Subject: ACCEPT THE EPICENTER STADIUM HANDRAIL FABRICATION .AND
INSTALLATION PROJECT, CONTRACT NO. RA08-034 AS COMPLETE, RELEASE
THE BONDS, RETAIN FAITHFUL PERFORMANCE BOND TO ACT AS
MAINTENANCE GUARANTEE BOND AND AUTHORIZE THE INTERIM PUBLIC
WORKS SERVICES DIRECTOR TO FILE A NOTICE OF COMPLETION AND
APPROVE THE FINAL CONTRACT AMOUNT OF $19,308.
RECOMMENDATION
It is recommended that the Redevelopment Agency accept the Epicenter Stadium Handrail
Fabrication and Installation Project, Contract No. RA08-034, as complete, authorize the Interim
Public Works Services Director to file a Notice of Completion, accept the Faithful Performance Bond
as a maintenance guarantee bond and authorize the release of the Labor and Materials Bond in the
amount of $14,828.00 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 $1,930.80 35 days after
acceptance. Also, approve the final contract amount of $19,308.00.
BACKGROUND/ANALYSIS
The subject project has been completed in accordance with the approved plans and specifications
and to the satisfaction of the Interim Public Works Services Director.
The Epicenter Stadium Handrail Fabrication and Installation Project scope of work consisted of the
fabrication and installation of metal aisle handrails for the upper sections of the stadium. 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:
$16,310.00
2646801-5602 and 1001312-5304
$60,000.00
October 15, 2008
October 21 and October 28, 2008
November 25, 2008
P31
REDEVELOPMENT AGENCY STAFF REPORT
Re: Accept EPICENTER STADIUM HANDRAIL FABRICATION AND INSTALLATION
May 6, 2009
Page 2
- Contract Award Date
Low Bidder:
~ Contract Amount:
10% Contingency:
i Final Contract Amount:
- Difference in Contract Amount
December 17, 2008
Econo Fence, Inc
$14,828.00
$1,482.00
$?9,380.00
$3,070.00 (16%)
The net increase in the total cost of the project is a result of one (1) Contract Change Order. The
notable change allowed for the contractor to extend the upper handrails to meet ADA requirements.
The change order was paid from account 1001312-5304.
Respe ully submitted,
Jim well
Int Public Works Services Director
Attachment
P32
RESOLUTION NO. RA 09-009
A RESOLUTION OF THE RANCHO CUCAMONGA
REDEVELOPMENT AGENCY, RANCHO CUCAMONGA,
CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR
EPICENTER STADIUM HANDRAIL FABRICATION AND
INSTALLATION AND AUTHORIZING THE FILING OF A NOTICE
OF COMPLETION FOR THE WORK
WHEREAS, the construction of public improvements for The Epicenter
Stadium Handrail Fabrication and Installation-have been completed to the satisfaction of
the Public Works Services Director; 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 Public Works Services
Director is authorized to sign and file a Notice of Completion with the County Recorder
of San Bernardino County.
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P33
Agenda Check Register
4/30/2009 through S/12/2009
Check No. Check Dale Vendor Name Amount
AP - 00282188 4/30/2009 CITRUS MOTORS ONTARIO INC 3,784.78
AP - 00282201 S/6/2009 AIRGAS WEST 386.49
AP - 00282201 S/6/2009 AIRGAS WEST 393.31
AP - 00282201 S/6/2009 AIRGAS WEST 85.22
AP - 00282201 S/6/2009 AIRGAS WEST 217.01
AP - 00282201 S/6/2009 AIRGAS WEST SSS.96
AP - 00282203 S/6/2009 ALL CITIES TOOLS 253.33
AP - 00282203 S/6/2009 ALL CITIES TOOLS 33.45
AP - 00282231 S/6/2009 BROWN JR., STEVEN 640.00
AP - 00282234 S/6/2009 BRYAN, PETER 44.00
AP - 00282243 S/6/2009 CARQUEST AUTO PARTS 14.70
AP - 00282245 S/6/2009 CARSON, DANIEL 150.00
AP - 00282245 S/6/2009 CARSON, DANIEL 160.00
AP - 00282245 S/6/2009 CARSON, DANIEL. 153.00
AP - 00282257 5/6/2009 CLOUGHESY, DONALD 40.00
AP - 00282271 S/6/2009 CUCAMONGA VALLEY WATER DISTRICT 37.57
AP - 00282286 S/6/2009 EMPLOYMENT SOLUTIONS 210.00
AP - 00282286 5/6/2009 EMPLOYMENT SOLUTIONS 280.00
AP - 00282300 S/6/2009 GANDOLFO'S NY DELI 146.78
AP - 00282300 S/6/2009 GANDOLFO'S NY DELI 146.78
AP - 00282308 5/6/2009 HAM RADlO OUTLET 2,004.04
AP - 00282315 S/6/2009 HOYT LUMBER CO., SM 40.56
AP - 0028231 S S/6/2009 HOYT LUMBER CO., SM 10.81
AP - 00282334 S/6/2009 ISG THERMAL SYSTEMS USA INC 3,770.00
AP - 00282342 S/6/2009 KME FIRE APPARATUS 258.00
AP - 00282342 S/6/2009 KME FIRE APPARATUS 339.62
AP - 00282345 S/6/2009 LA QUINTA RESORT AND CLUB 32.82
AP - 00282345 S/6/2009 LA QUINTA RESORT AND CLUB 32.82
AP - 00282352 S/6/2009 LN CURTIS AND SONS 1,000.00
AP - 00282365 S/6/2009 MIJAC ALARM COMPANY 165.00
AP - 00282375 S/6/2009 NEXTEL 38.60
AP - 00282380 S/6/2009 OFFICE DEPOT 451.24
AP - 00282380 S/6/2009 OFFICE DEPOT -180.49
AP - 00282380 S/6/2009 OFFICE DEPOT 621.92
AP - 00282380 S/6/2009 OFFICE DEPOT 120.56
AP - 00282380 S/6/2009 OFFICE DEPOT 230.84
AP - 00282403 S/6/2009 QUALITY TRUCK ELECTRIC INC I S8.OS
AP - 00282407 S/6/2009 RICHARDS WATSON AND GERSHON 2,914.50
AP - 00282412 S/6/2009 RRM DESIGN GROUP 3,S06.S8
AP - 00282419 S/6/2009 SANTA ANA COLLEGE 140.00
AP - 00282421 5/6/2009 SC FUELS 1,762.34
AP - 00282433 S/6/2009 SO CALIF GAS COMPANY 118.76
AP - 00282433 S/6/2009 SO CALIF GAS COMPANY 12.20
AP - 00282433 S/6/2009 SO CALIF GAS COMPANY 141.33
AP - 00282433 S/6/2009 SO CALIF GAS COMPANY 141.33
AP - 00282438 S/6/2009 SOUTHERN CALIFORNIA EDISON 532.04
AP - 00282438 S/6/2009 SOUTHERN CALIFORNIA EDISON 1,300.70
AP - 00282460 S/6/2009 UNIFIRST UNIFORM SERVICE 58.72
AP - 00282460 S/6/2009 UNIFIRST UNIFORM SERVICE 58.72
AP - 00282479 S/6/2009 VERIZON 38.67
AP - 00282479 S/6/2009 VERIZON 35.04
AP - 00282479 S/6/2009 VERIZON IOS.12
AP - 00282479 5/6/2009 VERIZON lOS.12
AP - 00282493 S/6/2009 WYNDHAM PALM SPRINGS FIOTEL 148.46
User: VLOPEZ -Veronica Lopez Page: 1 Current Date: OS/13/200
Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 16:43:4
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
4/30/2009 through 5/12/2009
Check No
AP - 00282493
AP - 00282494
AP - 00282494
AP - 00282498
Check Date Vendor Name
5/6/2009 WYNDHAM PALM SPRINGS HOTEL.
5/6/2009 XEROX CORPORATION
5/6/2009 XEROX CORPORATION
5/6/2009 ZUMROINC
Amount
593.84
99.75
159.00
382.00
Total for Check ID AP: 29,180.99
Total for Entit}': 29,180.99
P34
User: VLOPEZ-Veronica Lopez Page: 2 Curren[ Date: 05/]3/200
Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pornait Layout Time: 16:43:4
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State of California
Pooled Money Investment Account
Market Valuation
3/31 /2009
s ~ ~ ~ '~`'-, Car in Cost Plus ~~- "~ "`"~'"~ n "~.^!: ~ -~`~~ ~~'>`~
~~~~ ~- ~~yc' ~ ' ~s , { ~-ry~~9 ~~~ ~~~~~~~ ~~ ~`~'~'^~'"`YFai~ Value~.~ Accrued Inte est?
"sDescnption ~,~~y,AccruedInterest:Purch Amorttzed~Cost~ sus r ~ _ _ _ ~-~___,_ _
United States Treasu
Bills $ 7,897,019,502.10 $ 7,959,223,855.36 $ 7,986,696,000.00 NA
Notes $ 3,752,600,545.54 $ 3,752,557,276.30 $ 3,755,620,000.00 $ 39,686,153.00
Federal A enc
SBA $ 557,638,901.06 $ 557,627,148.83 $ 542,785,017.08 $ 568,103.04
MBS-REMICs $ 1,043,042,206.55 $ 1,043,042,206.55 $ 1,069,110,446.51 $ 4,956,050.22
Debentures $ 3,016,009,515.37 $ 3,015,359,515.37 $ 3,057,371,840.00 $ 41,798,886.24
Debentures FR $ 5,298,435,580.60 $ 5,298,435,580.60 $ 5,306,024,370.00 $ 6,455,480.38
Discount Notes $ 3,489,866,519.49 $ 3,536,196,366.69 $ 3,555,815,400.00 NA
FHLMC PC $ 602.87 $ 602.87 $ 613.08 $ 10.73
GNMA ~ $ 133,692.26 $ 133,692.26 $ 150,733.25 $ 1,322.16
CDs and YCDs FR $ - $ - $ - $ -
Bank Notes $ 250,000,000.00 $ 250,000,000.00 $ 250,000,000.00 $ 16,666.67
CDs and YCDs $ 1,850,002,527.72 $ 1,850,002,527.72 $ 1,849,981,446.00 $ 109,361.13
Commercial Paper $ 299,983,750.02 $ 299,998,750.00 $ 300,000,000.00 NA
Co orate:
Bonds FR $ 220,326,060.58 $ 220,326,060.58 $ 217,038,047.62 $ 313,556.97
Bonds $ 58,030,060.39 $ 58,030,060.39 $ 57,876,325.60 $ 637,013.82
Repurchase Agreements $ - $ - $ - NA
Reverse Re urchase $ - $ - $ - $ -
Time De osits $ 6,974,500,000.00 $ 6,974,500,000.00 $ 6,974,500,000.00 NA
AB 55 & GF Loans $ 23,962,770,665.76 $ 23,962,770,665.76 $ 23,962,770,665.76 NA
TOTAL $ 58,670,360,130.31 $ 58,778,204,309.28 $ 58,885,740,904.90 $ 94,542,604.36
Fair Value Including Accrued Interest
58,980,283,509.26
Repurchase Agreements, Time Deposits, AB 55 8 General Fund loans, and
Reverse Repurchase agreements are carried at portfolio book value (carrying cost).
r'39
The value of each participating dollar equals the fair value divided by the amortized cost (1.001829532).
As an example: if an agency has an account balance of $20,000,000.00, then the agency would report its,
participation in the LAIF valued at $20,036,590.64 or $20,000,000.00 x 1.001829532.
P40
STAFF REPORT ~ -
ADMINI$TR~1'T'INE SERVICES DEPARTb-PENT
RANCHO
Date: May 20, 2009 C,UCAMONGA
To: President and Members of the Board of Directors
Jack Lam, AICP, City Manager
From: John R. Gillison, Deputy City Manager/Administrative Servic
Subject: APPROVAL OF A RESOLUTION ADOPTING A MEMORANDUM F
UNDERSTANDING BETWEEN THE RANCHO CUCAMONGA FIRE PROTECTION
DISTRICT AND THE FIRE MANAGEMENT EMPLOYEES FOR FISCAL YEAR
2009-10
RECOMMENDATION
It is recommended that the Rancho Cucamonga Fire Protection District Board of Directors adopt the
attached Resolution, enacting the Memorandum of Understanding between the Fire District and the
Fire Management Employees for the period beginning July 1, 2009 through June 30, 2010.
BACKGROUND
Representatives of the Fire District and the Fire Management Employees have met and conferred
in good faith and reached an agreement for a one (1) year labor contract that covers the period
beginning July 1, 2009 through June 30, 2010. The attached Memorandum of Understanding is the
aforementioned labor contract and implements the negotiated provisions for Fiscal Year 2009-10.
In recognition of the current economic conditions in the State of California, and the fiscal challenges
facing all local agencies, including the Rancho Cucamonga Fire Protection District, this
memorandum provides for no increase in salaries or health care costs during the contract period.
Attachments:
1. Resolution Enacting 2009-10 Fire Management Employees MOU
2. 2009-10 Fire Management Employees MOU
P41
RESOLUTION NO. FD O9- ~ ~ 7
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE DISTRICT AND FIRE MANAGEMENT
EMPLOYEES RELATIVE TO WAGES, BENEFITS AND OTHER
TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEAR
2009-10.
A. RECITALS
Representatives of the Rancho Cucamonga Fire Protection District ("District":
hereinafter) and the Fire Management Employees have met and conferred pursuant to
the provisions of the Meyers-Milias-Brown Act (California Government Code §3500, et
seq.) with regard to wages, benefits and other terms and conditions of employment.
Representatives of the District and Fire Management Employees have agreed upon and
presented to this Board a Memorandum of Understanding pertaining to the Fire
Management Employees effective, July 1, 2009 specifying the results of said meet and
confer process.
All legal prerequisites to the adoption of this Resolution have occurred.
B:' RESOLUTION
NOW THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection
District of the City of Rancho Cucamonga, California, does hereby find, determine and
resolve as follows:
In all respects, as set forth in the Recitals, Part A of this Resolution.
2. The attached Memorandum of Understanding entered into by and between District
representatives and the Fire Management Employees representatives for Fiscal
Year 2009-10 effective July 1, 2009 is hereby approved and ratified by the Board of
Directors.
3. The Secretary shall certify to the adoption of this resolution.
PASSED, APROVED AND ADOPTED this day of _ , 2009.
AYES:
NOES:
ABSENT:
ABSTAINED:
Ddnald J. Kurth, MD, President
ATTEST:
Janice Reynolds, Secretary
P42
I, Janice 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 Meeting of said Board held on
the day of , 2009.
Executed this day of , 2009 at Rancho Cucamonga, California.
Janice Reynolds, Secretary
P43
MEMORANDUM OFUNDERSTANDING
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
FIRE MANAGEMENT EMPLOYEES BARGAINING GROUP
2009-2010
P44
TABLE OF CONTENTS
Page
PREAMBLE .........:.................................................................................................:......... 1
ARTICLE I RECOGNITION .............................................................. ...............................1
ARTICLE II COMPENSATION ......................................................... ...............................1
§ 1 Salary Ranges ..............................................................:..... ............................... 1
§ 2 Salary Plan ......................................................................... ................................ 1
A. Salary Ranges ............................................................... ............................... 1
B. Deferred Compensation ................................................. ............................... 4
§ 3 Work Periods and Overtime ............................................... ...............................4
A. Work Periods ................................................................. ...............................4
B. Work Shifts .................................................................... ...............................4
C. Flex Time ..................................................:.................... .....:......................... 5
D. 4/10 Schedule ............................................................... ............................... 5
E. Overtime Pay ................................................................. ...............................5
F. Call Back ....................................................................... ............................... 6
§ 4 Uniform Allowance ............................................................. ...............................6
§ 5 Employee Group Insurance ............................................... ...............................6
A. Health Insurance ........................................................... ...............................6
B. Dental Insurance ........................................................... ............................... 7
C. Vision Insurance ............................................................ ...............................7
D. Life Insurance ................................................................ ...............................7
§ 6 Tuition Reimbursement ...................................................... ...............................7
§ 7 Retirement Plan ................................................................. ............................... 8
A. Benefits ......................................................................... ............................... 8
§ 8 Work Related Injuries ......................................................... ...............................8
§ 9 Carpooling .......................................................................... ...............................9
§ 10 IRS 125 Plan .................................................................... ...............................9
§ 11 Retiree Health Savings Account/Trust ............................. ............................... 9
ARTICLE III LEAVES ....................................................................... .............................10
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§ 6 Bereavement Leave ......................................................... ............................... 15
A..40-hour Personnel ....................................................... ............................... 15
B. Shift Personnel ............................................................ ............................... 15
C. Immediate family is defined as :................................... ............................... 15
§ 7 Compensatory Time .................................................:....... ............................... 15
§ 8 Administrative Leave ........................................................ ............................... 16
§ 9 Military Leave ................................................................... ............................... 16
§ 10 Jury Duty ........................................................................ ............................... 17
§ 11 Civil Subpoena/Criminal Subpoena ............................... ............................... 17
A. Civil Subpoena .......................................................... ............................... 17
B. Criminal Subpoena ................................................... ............................... 17
§ 12 Leaves of Absence without Pay ..................................... ............................... 18
ARTICLE IV GRIEVANCE PROCEDURE ...................................... ............................... 18
§ 1 Purpose ....................................................................... .................................... 18
§ 2 Objectives ................................................................... .................................... 18
§ 3 General Provisions ...................................................... .................................... 19
§ 4 Informal Grievance Procedure .................................... ....................................20
§ 5 Formal Grievance Procedure ...................................... ....................................20
A. Step I ................................................................... ....................................20
B. Step II .................................................................. ....................................20
C. Step III ................................................................. ....................................20
D. Step IV ................................................................. ....................................21
ARTICLE V DISCIPLINARY APPEAL ....................................... ....................................23
§ 1 Compliance ..................:..................................................................................27
§ 2 No Discrimination ............................................................................................27
§ 3 Safety Equipment ............................................................................................27
§ 4 Employee Responsibility .................................................................................27
§ 5 Smoking Policy ................................................................................................27
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ARTICLE VII MANAGEMENT RIGHTS .......................................................................28
§ 1 Scope of Rights ...............................................................................................28
§ 2 Emergency Conditions ....................................................................................28
ARTICLE VIII MAINTENANCE OF BENEFITS ............................................................28
ARTICLE IX APPROVAL BY THE BOARD OF DIRECTORS ......................................29
ARTICLE X PROVISIONS OF LAW ............................................................................29
ARTICLE XI TERM .......................................................................................................29
ARTICLE XII NEGOTIATION OF SUCCESSOR MOU ................................................29
ARTICLE XIII PARITY PROVISION .............................................................................30
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PREAMBLE
This Memorandum of Understanding ("MOU" hereinafter) is made and entered into
by and between the Rancho Cucamonga Fire Protection District ("District' hereinafter), and
the Rancho Cucamonga Fire Protection District Fire Management Employees Bargaining
Group ("Fire MEG" hereinafter). The terms and conditions contained in this MOU are
applicable to all full-time employees within this unit and contain the complete results of
negotiations concerning wages, hours and other terms and conditions of employment for
said employees represented herein.
ARTICLE I RECOGNITION
A. Pursuant to the provisions of existing rules and regulations and applicable
State law, District hereby acknowledges Fire MEG as the exclusive recognized employee
organization for the representation unit, which includes all management employees of
District (excluding the Fire Chief), who are employed on a full-time .basis. The classes
represented include Fire Deputy Chief and Fire Battalion Chief.
B. Fire MEG does not represent the classification of Fire Chief. However, all
rights and benefits contained in this Memorandum of Understanding shall be extended to
the Fire Chief to preclude the necessity for a separate agreement between the Fire Chief.
and the Fire District.
ARTICLE II COMPENSATION
§ 1 Salary Ranges
A. The Fire MEG agrees to contribute out of their cost of living adjustment,
contributions to their salary and benefits.
B. Survey Cities: Fire MEG and District agree that the survey cities shall be
the cities of West Covina, Corona, Ontario, Riverside, San Bernardino City, Pasadena and
Chino Valley Fire District. No later than February 1st of each year, a survey of the
identified labor market cities will be completed, reviewed by Fire MEG and District, and
used as the comparison basis for any negotiations regarding market equity adjustment and
cost of living adjustment.
C. During the term of this MOU, the salary ranges shall be those as set forth in
Exhibit A through Exhibit F, attached hereto and by this reference incorporated herein.
§ 2 Salary Plan
A. Salon/ Ranges
The base salary for the Fire Chief and Deputy Fire Chief shall consist of ranges
having six (6) steps, labeled A through F, with approximately five percent (5%) between
each step. The base salary for Battalion Chiefs shall consist of ranges having five (5)
steps, labeled A through E, with approximately five percent (5%) between each step.
Placement within the range shall be in accordance with the following:
i
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Salary on Appointment
New employees shall be compensated at Step "A" of the salary range
to which their class is allocated. If unusual recruitment difficulties are encountered or a
candidate is exceptionally well qualified, appointment at a higher step in the salary range
may be authorized by the Fire Chief.
2. Merit Salary Adjustments
Advancement within a salary range shall not be automatic, but shall be
based upon job performance and granted only on the recommendation of the employee's
supervisor and approval of the Fire Chief. Employees shall be considered for merit salary
increases in accordance with the following:.
a. Employees who are placed at Step A upon original employment,
reinstatement, or promotion are eligible for a merit salary review after six (6) months of
service. Subsequent merit salary review dates shall fall upon the completion of twelve (12)
month service intervals.
b. Employees who are placed at Step B or above upon original
employment, reinstatement, or promotion shall be eligible for a merit salary review after
twelve (12) months of service. Subsequent review dates shall fall upon the completion of
twelve (12) month service intervals.
c. The granting of an official leave of absence of more than thirty (30)
continuous calendar days, other than military leave, shall cause the employee's merit
salary review date to be extended the number of calendar days the employee was on
leave.
d. If, in the supervisor's judgment, the employee's performance does
not justify a salary increase on the review date, the employee shall be reevaluated before
the expiration of six (6) months dating from the employee's review date. If the period of
postponement exceeds three (3) months and the employee receives a salary increase, the
employee shall be assigned a new review date based on the date the increase was
granted.
e. Authorized salary step increases shall become effective at the
beginning of the pay period nearest the employee's review date.
f. Should an employee's review date be overlooked, and upon
discovery of the error, if the employee is recommended for a salary increase, the employee
shall receive a supplemental payment compensating him or her for the additional salary the
employee would have received had the increase been granted at the appropriate time.
g. The normal merit salary increase shall be one (1) step granted in
accordance with the preceding. However, to reward outstanding achievement and
performance, the Fire Chief may grant one (1) additional step increase not to exceed one
(1) step in any six (6) month period.
h. In order to address a situation wherein application of this section
would result in the inequitable treatment of employees and upon the recommendation of
the Fire Chief and approval of the Board, an employee may be placed at any step in the
salary range for his or her class.
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3. Salary on Promotion
An employee, who is promoted to a position in a class with a higher
salary range than the class in which he or she formerly occupied a position, shall receive
the nearest higher monthly salary in the higher salary range that would constitute a
minimum five percent (5%) salary increase over his or her base salary rate, provided that
no employee may receive a rate in excess of Step E of the promotional class. If the
promotion occurs within sixty (60) days of a scheduled merit salary review date, the
employee shall receive the merit increase (if otherwise entitled to it) and the promotional
increase concurrently. The employee shall be given a new merit salary review date for
purposes of future salary step advancement. The new date shall be based upon the
effective date of the promotion.
4. Salary on Demotion
An employee who is demoted to a position in a class with a lower
salary range shall receive a new merit salary review date based upon the effective date of
the demotion and receive a salary in accordance with the following:
a. Disciplinary demotion -any designated salary step in the lower
salary range which will result in the employee's receiving at least a five percent (5%)
reduction in pay.
b. Non-disciplinary demotion -that salary step he or she would have
received in the lower class if his or her services had been continuous in said lower class.
5. Salary on Transfer
An employee who is transferred from one position to another in the
same class or to another position in a similar class having the same salary range shall
receive the same step in the salary range previously received and the merit salary review
date shall not change.
6. Salary on Position Reclassification
When an employee's position is reclassified and the employee is
appointed to the position, salary shall be determined as follows: ,
a. If the position is reclassified to a class with a higher salary range
than the former class, salary and merit salary review date shall be set in the same manner
as if he or she had been promoted.
b. If the salary of the employee is the same or less than the maximum
of the salary range of the new class and the salary range of the new class is the same as
the previous class, the salary and merit salary review date shall not change.
c. If the salary of the employee is greater than the maximum of the
range of the new class, the salary of the employee shall be designated as a "Y-rate" and
shall not change during continuous regular service until the maximum of the salary range to
which the class is assigned exceeds the salary of the employee.
3
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P50
7. Salary on Re-employment
An employee recalled after a layoff shall receive the same salary step
in the range of the class at which he or she was receiving upon layoff.
8. Salary on Rehire
Upon rehire, an employee shall be placed at such salary step as may
be recommended by the supervisor and approved by the Fire Chief. The employee's merit
salary review date shall be based on the date of rehire.
9. Acting Pay
Acting pay shall be one (1) step, approximately five percent (5%),
above the affected employee's base salary rate. To receive acting pay the employee must:
a. Be formally assigned duties appropriate to the higher class.
b. Work in the higher class at least fifteen (15) consecutive work days,
five (5) shifts for employees working twenty-four (24) hour shifts. Acting pay will be paid
beginning with the sixteenth (16th) consecutive day worked in an acting capacity, sixth
(6th) shift for employees working twenty-four (24) hour shifts.
10. Salary on Change in Range Assignment
When a class is reassigned to either a higher or lower salary range by
the Board, the salary of each incumbent in such class on the date the reassignment is
effective shall be adjusted to the step he or she was receiving in the former range.
B. Deferred Compensation -
A District-paid contribution to Deferred Compensation Plan shall be provided
as a percentage of monthly base salary as follows:
Fire Chief 6%
Deputy Fire Chief 4%
Battalion Chief/Training Officer (a0-hr personnel) 4%
Battalion Chief (shift, 56-hr personnel) 2%
§ 3 Work Periods and Overtime
A. Work Periods
The work period for shift personnel is fourteen (14) days. Overtime is paid
for time worked in excess of one hundred twelve (112) hours in the period. The work
period for forty (40) hour personnel is seven (7) days. Overtime is paid for time worked in
excess of forty (40) hours in the period.
B. Work Shifts
1. All twenty-four (24) hour work shifts begin at 0800 and end at 0800 the
following day.
2. Ten (10) hour work shifts begin at 0700 and end at 1800.
a
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C. Flex Time
1. The work schedules of employees assigned to other than fire
suppression are subject to change depending on needs of the District or the desires of the
concerned employee(s) (see item 3.)
2. The District shall not change work schedules when the sole purpose of
the change is to avoid payment of time and one-half (1.5) for overtime. This however, is not
to be interpreted as preventing a schedule change upon the mutual agreement of the District
and affected employee.
3. Employees may request schedule changes to address personal
interests. Whenever possible such requests will be accommodated, provided however, that
the needs of the District, as determined by the District, will take precedence over employee
preferences.
4. The District will not effect schedule changes but for good and sufficient
cause.
5. Management employees shall be allowed to work a flexible work week
upon the approval of their supervisor.
D. 4/10 Schedule
With the 4/10 implementation, employees who experience hardship due to
child care issues, may request alteration of their schedule by taking a 1/2 hour lunch and
arriving at work 1/2 hour late or leaving work 1/2 hour early. Additionally, employees who
carpool at least 60% of the pay period and 60% of the distance into their normally assigned
workplace are eligible to leave 1/2 hour early from work or arrive 1/2 hour late.
E. Overtime Pay
1. The rate of pay for overtime hours worked shall be at the rate of time
and one-half (1.5) the regular rate of pay, for those employees eligible for overtime.
2. Wages: The Battalion Chief in Training and suppression Battalion
Chief's will be paid overtime at the fifty-six (56) hour rate for any overtime worked, at time
and one-half (1.5) rate of pay.
3. For purposes of computing overtime pay under the Fair Labor
Standards Act, military leave shall be the only leave of absence not considered hours
worked.
4. For the purpose of this section, work time shall not include traveling to
or from the normal work site.
5. All non-exempt full-time employees who are called back to work from
off-duty as a result of an emergency, shall be paid at the rate of time and one-half (1/2) for
any hours worked, with a minimum of two (2) hours pay for each emergency recall.
Employees required to work more than fifteen (15) minutes shall be compensated for a
minimum of one (1) hour; any time worked over one (1) hour will be paid in one-half (1/2)
hour increments (fifteen (15) minutes work shall constitute one-half (1/2) hour). Time spent
in traveling to and from the work site shall be compensated in accordance with FLSA.
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Employees required (held over) to work more than fifteen (15) minutes overtime shall
be compensated for a minimum of one (1) hour. Any overtime worked in excess of one
(1) hour will be paid in half hour increments. Provisions shall be made for an equitable
distribution of overtime, consistent with efficient operations of the District.
6. The Deputy Chief will be paid an amount equal to State and/or Federal
reimbursements received by the District for the work performed through State and/or Federal
requests for hours worked beyond the normal forty (40) hour work week (e.g. strike teams),
at the Deputy Chief's normal rate of pay; provided the .Deputy Chief is acting in a
management capacity consistent with their normal position under the Fair Labor Standards
Act. The requisite amounts equal to the time worked beyond the normal forty (40) hour work
week will be paid to the Deputy Chief during the pay period in which the work performed
through State and/or Federal requests for hours worked beyond the normal forty (40) hour
work week (e.g. strike teams) occurs. This section is intended to allow a Deputy Chief to
lead a strike team, if necessary, as would a regular shift Battalion Chief, without having to
use accrued vacation leave.
F. Call Back
A minimum of two (2) hours of work time will be credited to an employee
who responds to a District call to come to work during off-duty hours. This section is not to
be interpreted as requiring said minimum in the event of an extended work day or when the
employee begins his or her regular work shift before the normal starting time.
§ 4 Uniform Allowance
A. The District will provide three (3) sets of work uniforms for each employee
who is required to wear a uniform prior to his or her starting date. Suppression members
must buy their own Class A uniforms at the completion of probation.
B. The District stipulates that it's goal on Uniform Allowance is to provide for
the purchase of uniform articles as specified in the District's rules and regulations, to.a
maximum of $875.00 per employee per year, however, in consideration of the current
economic conditions, the parties have agreed to defer any increases in the Uniform
Allowance, beyond the existing amount of $500.00 per employee per fiscal year, for the
duration of this agreement. The Uniform Allowance will be paid concurrent with the first full
pay period after the beginning of the new fiscal year, in a separate check from the regular
paycheck.
§ 5 Employee Group Insurance
District agrees to provide group insurance plans in accordance with the
following:
A. Health Insurance
1. District will provide medical insurance through the State of California
Public Employee's Medical and Hospital Care Program.
2. District will provide fully paid employee and family health insurance for
all full time continuous and retired employees who were hired before November 17, 1994.
s
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3. District will provide fully paid employee and family health insurance for
all full-time continuous employees hired after November 17, 1994, at the lowest, fully paid
insurance plan which is made available to affected employees and which is offered by the
Public Employees Medical and Hospital Care Program.
4. All full-time continuous employees hired after November 17, 1994, who
want to maintain medical insurance through the State of California, Public Employees
Medical and Hospital Care Program, upon their retirement, shall be responsible for paying
their own premiums.
5. Upon the written request of the employee, along with verification that
their spouse and/or family can provide full health insurance, cash compensation in lieu of
medical benefits in the amount of $200.00 for single employees or $300.00 for employees for
dependents, may be provided to the employee. Selection of compensation shall be at the
employee's discretion. The employee may reenter the District's health plan at any time.
B. Dentallnsurance
District shall provide fully paid employee and family dental insurance plan
for all full-time continuous employees.
C. Vision Insurance
The District shall continue to provide vision care coverage for all full time
continuous employees with a maximum payment not to exceed $22.25 a month.
Employees agree to contribute 0.02% of their salary adjustment to fund their contribution of
S2.00 a month for vision insurance. The above amount of $22.25 includes the employees'
contribution. The employee shall pay the cost of vision insurance in excess of $22.25.
In the event that vision insurance premiums exceed $22.25 during the term
of the contract, the District shall provide advanced notice to the representatives, if possible,
at least thirty (30) days.
D. Life Insurance
District shall provide a fully paid $50,000 life insurance policy for all Fire
MEG members.
§ 6 Tuition Reimbursement
College Tuition Program for Fire MEG
A. The District agrees to reimburse Fire MEG employees to recover all
associated costs of accelerated degree programs to the same degree that traditional
degree costs are recovered, recognizing that the "per quarter" costs of an accelerated
degree program are higher due to the compression of educational objectives. A cap of
$3,000 per fiscal year will be applied initially and adjusted as necessary to reflect actual
costs compared to the California State University system. The intent is to provide
reimbursement for all associated costs of a degree program, regardless of how long or how
short the period over which the degree program is administered. It is also the intent to use
the California State University system as the cost comparison basis for any limiting of the
tuition amount. For comparison purposes, it is agreed that the California State University at
Cal Poly Pomona, Fullerton and San Bernardino will be the "survey" Universities.
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1. Associated costs:
a. Tuition based on units.
b. Books.
c. Parking.
d. Miscellaneous/labs, tapes, etc.
2. Approval for reimbursement must be obtained by the Fire Chief or
designee prior to taking the course. Approval is for applicability of the course to an
appropriate degree program for the employee's fire service career.
B. Employee shall achieve a "C" or better grade to be eligible for
reimbursement. Employee shall submit all receipts for the class upon completion, unless
other arrangements are made.
C. For reimbursement of costs at an accredited college other than a Cal State
Program:
1. The District will pay an average per unit cost for each accredited unit,
employee to pay the remainder of the cost.
2. Reimbursement of costs may be initiated prior to completion of the
class if a deferred payment contract with the college is achieved.
3. Employee must successfully complete the course or shall reimburse all
associated costs back to the District.
4. The Fire Chief may choose to establish an individualized payment
schedule for each employee, based upon a college accredited program. However, all costs
will be tied to the average of a Cal State program at the "survey" Universities.
§ 7 Retirement Plan
A. Benefits
1. District contracts with the State of California Public Employee's
Retirement System to provide retirement benefits to eligible employees. All costs of benefits
provided to employees under the District's CaIPERS contract are paid by the District.
Present benefits provided through CaIPERS include the following:
§21574 ................... 1959 Survivor Benefits, Fourth level
§21362.2 ................ 3% at 50 Full Formula
§21354.4 ................ 2.5% @ 55 Local Misc. Members (effective 7/1/97)
§20862.8 ...:............ Credit for Unused Sick Leave
§20615 ................... Payment of Normal Member Contributions
§20024.2 ................One Year Highest Compensation
2. The following benefit is available to safety personnel at employee cost:
§20930.3 ................ Military Service as Public Service
§ 8 Work Related Injuries
Employees are entitled to full salary and benefits for up to one (1) year, when
they sustain an on-the-job work related injury (see California Labor Code § 4850 for
8
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provisions). Although § 4850 covers only safety personnel, District is extending this same
benefit to all employees. Temporary disability payments received during any injury period
shall be returned to District. Notwithstanding the foregoing, non-safety members shall not
be entitled to the presumptions pertaining to injuries set forth in said Labor Code
provisions, it being the express intent of the parties that the § 4850 benefit provided
hereunder applies only to the provision of full salary and benefits for up to one (1) year.
§ 9 Carpooling
Those employees participating in a carpool during going to and coming from
their residence and work site, shall not be in receipt of a reduced workday. Rather, those
employees participating in a "carpool" shall be accorded the following benefit:
Eligible carpool employees shall be regular, full-time employees who voluntarily
participate in and file a "ride share application agreement."
Eligibility for ride share-related benefits is conditioned upon:
1. Each affected regular and full time employee shall ride share with another
person(s) in a car or vanpool.
2. In the alternative, each affected regular and full time employee shall drive to
and from work other than in an automobile. For example, such transportation may include
a bicycle, public transportation, walking.
3. Eligibility for ride share benefits shall be conditioned upon 1) the regular and
full time employee so participating 60% of the total work days during a given month, 2) ride
sharing for at least 60% of the commute distance, and 3) ride sharing between the hours of
6 and 10 a.m., Monday through Thursday.
Individuals meeting the above qualifications shall earn $2 for every day that the
employee ride shares, paid at the end of each quarter. Further, the City is desirous of
devising some type of "drawing" to provide a singular person on a monthly basis with an
item of value in recognition of ride sharing.
§ 10 IRS 125 Plan
A. City shall implement authorized pre-tax payroll deduction of out-of-pocket
medical contribution premiums. Said pre-tax payroll deduction shall only be used for the
purpose of paying the difference between the amount of District funded premiums for
District-provided health insurance plans, and the amount of out-of-pocket premium
payments borne by the employee regardirig District-provided plans.
B. The District agrees to provide technical assistance (such as automatic payroll
deduction, etc.) in the event employees decide to expand this benefit from a "premium only
plan" to a "flexible spending accouht" provided that those participating pay all costs
incurred in expanding and maintaining this program.
§11 Retiree Health Savings AccounUTrust
During the term of this contract, the Fire MEG may elect to implement an
individual, voluntary form of Trust or Retiree Health Savings Account. The District agrees
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to take all action. reasonably necessary to assist the Fire MEG with implementing such
account or trust, including, but not limited to, establishing appropriate payroll deductions.
ARTICLE III LEAVES
§ 1 Holidays
A. Holidays are those days which District designates as observed holidays.
Holiday leave is a right, earned as a condition of employment, to a leave of absence with
pay. The holidays designated by District are as follows:
40 Hour Personnel
January 1 ................ .......... New Years Day
January ....:.............. .......... Martin Luther King's Birthday (3rd Monday)
February ......:........... .......... President's Day (3rd Monday)
May ......................... .......... Memorial Day (last Monday)
July 4 ....................... ..........Independence Day
September .............. .......... Labor Day (1st Monday)
November 11 ........... ..........Veterans Day
November ................ ..........Thanksgiving (4th Thursday)
November ................ .......... The day following Thanksgiving
December 24 ........... ..........The day preceding Christmas
December 25 ........... ..........Christmas
Three (3) additional discretionary (floating) days may be taken by an employee
at their convenience, subject to approval by the supervisor. The thirty (30) hours for the
three (3) floating holidays shall be credited to the employee at the start of pay period No. 1
of each calendar year.
Whenever a holiday falls on a Sunday, the following Monday shall be observed
as a holiday. Whenever a holiday falls on a Friday or Saturday, the preceding Thursday
shall be observed as the holiday.
56 Hour Personnel
January 1 ............... ........... New Years Day
January 18 ............. ........... Martin Luther King's Birthday
February 12 ............ ........... Lincoln's Birthday
February 22 ........... ........... Washington's Birthday
May ........................ ........... Memorial Day (last Monday)
July 4 ...................... ........... Independence Day
September ............. ........... Labor Day (1st Monday)
September 9 .......... ...........Admissions Day
October 12 ............. ........... Columbus Day
November 11 ..:....... ...........Veterans Day
November.......... ..... ...........Thanksgiving (4th Thursday)
November ............... ...........The day following Thanksgiving
December 24 .......... ...........The day preceding Christmas
December 25 .......... ...........Christmas
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B. Employees shall accrue holiday time as follows:
Type of Per Maximum
Accrual Holiday Annually Personnel
Shift Personnel 12 hours 168 hours 216 hours
40 Hour Personnel 10 hours 140 hours 180 hours
C. No District employee will be allowed to exceed the maximum accrual at any
time. As excess holiday time is earned, it must either be taken as time off or be paid for by
District.
D. District employees will be advised, in writing, within the pay period prior to
the time that maximum holiday accrual is reached or that they are approaching their
maximum accrual.
E. Effective pay period No. 1 of each year (which normally occurs mid to late
December of each year), holiday time shall be accrued by the employees within the pay
period in which it occurs.
F. District will buy back all or part of accrued holiday time at the then current
hourly rate, if a request is made (in writing) by November 30th specifying holiday balance
and exercising the option to sell back.
G. Holidays may be used as scheduled time off vdith the approval of the
supervisor.
H. Any employee who is on vacation or sick leave when a holiday occurs will
not have that holiday charged against his or her vacation or sick leave.
I. -Forty (40) hour personnel who obtain prior approval from their immediate
supervisor to work a holiday will be allowed to bank that holiday at straight time. If a 40-
hour employee who is eligible to receive overtime compensation is recalled to work on a
holiday, that holiday will be banked at time and a half (1.5) for the number of hours actually
worked that day.
§ 2 Vacation Leave
A. Vacation leave is a right to a leave of absence with pay. It is earned as a
condition of employment.
All full-time employees shall, with continuous service, accrue working days of
vacation monthly according to the following schedule:
40 hour personnel
Years of Annual Maximum Pay Period
Completed Service Accrual Accrual Accrual Rates
30 days-3 years 85.72 hours 192.0 3.297
4-7 years 128.57 hours 272.0 4.945
8-10 years 171.43 hours 353.0 6.593
11-14 years 188.58 hours 353.0 7.253
15-19 years 205.72 hours 353.0 7.912
20-24 years 222.86 hours 353.0 8.572
25+ years 240.00 hours 353.0 9.231
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Shift Personnel
Years of Annual Maximum
Completed Service Accrual Accrual
30 days-3 years 120 hrs / 5 shifts 288.0
4-7 years 180 hrs / 7.5 shifts 408.0
8-10 years 240 hrs / 10 shifts 528.0
11-14 years 264 hrs / 11 shifts 528.0
15-19 years 288 hrs / 12 shifts 528.0
20-24 years 312 hrs / 13 shifts 528.0
25+ years 336 hrs / 14 shifts 528.0
Pay Period
Accrual Rates
4.615
6.923
9.231
10.154
11.077
12.002
12.923.
B. An employee who, as of July 1 of any given year, has completed 10, 20 or
25 years of service shall receive a onetime credit of 24 hours of vacation, if a shift
employee; or receive 10 hours, if a 40 hour employee.
C. The District will notify employees,,. in writing, within the pay period prior to
the time that maximum vacation accrual will be reached that the accrual is approaching
that maximum. The employee will then be required to (1) schedule time off or, (2) receive
pay in lieu of time off so as to not exceed the maximum accrual.
D. Any full-time employee who is about to terminate employment and has
earned vacation time to his or her credit, shall be paid for such vacation time on the
effective date of such termination. When separation is caused by death of an employee,
payment shall be made to the estate of such employee.
E. For vacation accrual purposes only, safety personnel hired prior to July 1,
1996 are allowed to include prior years of all fire service employment.
§ 3 Sick Leave
Sick leave is the authorized absence from duty of an employee because of
physical or. mental illness, injury, pregnancy, confirmed exposure to a serious contagious
disease, or for a medical, optical, or.dental appointment.
A. Full-time Employees
1. All employees shall be accruing sick leave as follows:
Personnel Monthly
40 hr Personnel 10 hours
Annual Max.
Accrual Accrual
120 hours No limit
Shift Personnel 12 hours (1/2 shift) 144 hours (6 shifts) No limit
2. Sick leave with pay may be used for:
a. Any bona fide illness or injury.
b. ~ Quarantine due to exposure to contagious disease.
c. Any treatment or examination including, but not limited to,
medical, dental, eye, or psychiatric examinations.
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d. Not more than twelve (12) days for 40-hour employees or six (6)
shifts for shift personnel, of sick leave each calendar year in case an employee's presence
is required elsewhere because of sickness, disability, or child birth of a member of his/her
immediate family, as defined in District Personnel Rules.
B. No employee shall be entitled to sick leave with pay while absent from duty
for the following causes:
1. Disability arising from sickness or injury purposely self-inflicted or
caused by his or her own willful misconduct.
2. Sickness or disability sustained while on leave of absence.
C. Except as specified in "G" below, sick leave shall not be used in lieu of or in
addition to vacation.
D. The Fire Chief reserves the right to require evidence in the form of a
physician's certificate whenever an employee is absent and requests sick leave for the
period of absence, except personal leave (see § 5).
E. Any .employee absent from work due to illness or accident, may at the
discretion of the Fire Chief, be required to submit to a physical examination before
returning to active duty. Such physical examination shall be performed by a physician
specified by District and shall be at District expense.
F. Termination of an employee's continuous service, except by reason of
retirement orlay-off for lack of work or funds shall abrogate all sick leave and no payment
will be made by the District for sick leave accrued to the time of such termination
regardless of whether or not such employee subsequently reenters District service.
G. Any employee incurring a serious injury or illness while on paid vacation
leave may have those days of illness changed to sick leave with pay and vacation days
restored accordingly, provided the employee has sufficient sick leave accrued and the
period of illness is certified by a written doctor's statement.
H. Employees with ten (10) or more years of service shall be eligible to convert
unused sick leave to vacation in accordance with the following:
1. Shift employees who in the preceding calendar year have accrued 108
to 144 (90 to 120 for 40-hour week employees) unused hours of sick leave earned in that
preceding calendar year, may exercise the option of having one-half (1/2) of that unused
sick leave accrued in the preceding year converted to vacation leave and the remainder
carried over as accrued sick leave.
2. Employees who have accrued 72 to 108 (60 to 90 for 40-hour week
employees) unused hours of sick leave earned in the preceding calendar year may
exercise the option of having one-fourth (1/4) of the unused sick leave accrued in the
preceding calendar year converted to vacation leave and the remainder carried over as
accrued sick leave.
3. Any employee who qualifies to convert sick leave to vacation leave
must submit a written request to the District on or before January 15th of the year in which
the conversion is to be made.
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I. Upon the retirement of an employee, the employee will have the option of
selling back to the District up tonne-half (1/2) of the total accumulated unused sick leave at
his or her then current hourly rate, or the employee may apply unused accumulated sick
leave toward service credit for retirement, in accordance with the Public Employees'
Retirement Law, California Government Code § 20862.8. Sick leave bought back by the
District may not be applied to service credit, but the sick leave remaining after the buy back
may be credited as service time in accordance with the above-noted law.
§ 4 Conversion Factor
The factor used to convert the accruals for forty (40) hour perweek employees
to fifty-six (56) hour per week employees will be:
Vacation, holiday, and sick leave:
Work Week Basis
Vacation 40 Hour 56 Hour Conversion
Factor
30 days-3 years 85.72 120 1.5
4-7 years 128.57 180 1.5
8-10 years 171.43 240 1.5
11 - 19 years 188.58 264 1.57
20-24 years 196.58 288 1.57
25+ years 204.58 312 1.57
Holiday 140 168 1.5
Sick 120 144 1.5
(40 to 56) EXAMPLE (8-10 year employee)
Employee Benefits
Vacation = 100 hours
Holiday = 72 hours
Sick = 300 hours
472 total hours x 1.5 (factor) = 708 hours total
Note: If an employee goes from a 56 to 40 hours basis, the conversion will be the
reciprocal of 1.5 or .667.
§ 5 Personal Leave
A. The employee shall be granted one (1) day paid personal leave, in addition
to the normal leave accrual, to attend the funeral of a relative not in the employee's
immediate family.
B. An employee required to appear before a court for other than subpoenas
due to actions as a District employee or jury duty will receive the necessary time as paid
personal leave, providing:
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1. He or she notifies his or her supervisor with adequate advance notice
so that a relief may be obtained.
2. The employee must return to work within a reasonable time after the
appearance.
C. Personal leave will. be charged against any leave account in which the
employee has accrued an appropriate balance, such as sick leave, vacation, or
compensatory time. It is the employee's option which account is to be charged.
D. Employees can use up to twenty (20) hours of accrued sick leave as
personal leave. This twenty (20) hours can be used incrementally (i.e., 1 hour, 1/2 hour)
throughout the fiscal year. Use of this time is for emergency situations requiring the
employee's attention and requires prior approval by their supervisor.
§ 6 Bereavement Leave
A. 40-hour Personnel
In the event of a death in the employee's immediate family, the employee
shall be granted three (3) days paid bereavement leave, in addition to the normal leave
accrual. A maximum of five (5) days paid bereavement leave, in addition to the normal
leave accrual, shall be granted if there is a death in the immediate family outside the state
boundaries.
B. Shift Personnel
In the event of a death in the employee's immediate family, the employee
shall be granted two (2) shifts paid bereavement leave, .in addition to the normal leave
accrual. A maximum of three (3) shifts paid bereavement leave, in addition to the normal
leave accrual, shall be granted if there is a death in the immediate family outside the state
boundaries and the employee attends the services.
C. Immediate family is defined as:
Spouse, children, stepchildren, parents, stepfather, stepmother, brother,
sister, grandfather, grandmother, grandchild, and the employee's mother-in law, father-in-
law or grandparents-in law.
§ 7 Compensatory Time
A. FLSA-exempt employees may earn compensatory time, on a basis of 1
hour worked equals 1 hour of compensatory time, as follows:
1. For required attendance at special meetings of the Board of Directors
and District Committees, except when such meetings are held in lieu of a regularly
scheduled meeting or when such meetings are called and/or scheduled as part of the
annual budget preparation process and annual audit.
2. For special and/or unusual work situation not provided for in the
preceding paragraphs.
B. Compensatory time will not be granted for attendance at any regularly
scheduled meetings of the Board of Directors, or any District Committee nor will
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compensatory time be granted for additional working time beyond the normal working day
necessary for efficient and effective department operations, or to maintain good public
relations. Any such time shall be considered a-part of the normal duties of the position.
C. The earning and accrual of compensatory time requires the prior approval
of the employee's supervisor.
§ 8 Administrative Leave
Administrative Leave: The following classifications shall earn Administrative
Leave annually as follows:
Battalion Chief .....................75 hours
Deputy Fire Chief .................75 hours
Fire Chief .............................100 hours
Unused administrative leave, to a maximum of forty (40) hours at the end of the
calendar year may be sold back to District at the employee's then current hourly rate.
Administrative leave shall not be carried over beyond the year in which it was earned.
§ 9 Military Leave
A. Every employee who is a member of a state or federal reserve military unit
shall be entitled to be absent from service with District while engaged in the performance of
ordered military duty and while going to or returning from such duty in accordance with the
laws of the State of California or federal government.
B. Employees are entitled to thirty (30) days paid military leave in any one
fiscal year, provided they have been employed by the District for one (1) year prior to this
leave. Any employee with less than one (1) year of service must use accrued annual leave
or compensatory time if he or she wishes to receive normal pay.
C. Employees who are called or volunteer for active service with the armed
forces of the United States shall be entitled to reinstatement to their former positions.
Upon application for reinstatement, the individual must display a certificate showing service
was other than dishonorable. However, any individual possessing right of reinstatement
automatically forfeits these rights upon voluntary enlistment for a second term.
D. Any employee returning from service with the armed forces shall be entitled
to such length of service seniority as would have been credited to them had they remained
for that period of time with the District.
E. An employee who was in a probationary period at the time of military leave
shall, upon return, complete the remaining portion of the probationary period according to
the rules in effect at the start of military leave.
F. An employee promoted to fill a vacancy created by a person serving in the
armed forces shall hold such position subject to the return of the veteran. The employee
affected by the return shall be restored to his or her former position or one of a similar
nature when the returning employee resumes the position he or she previously held.
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§ 10 Jury Duty
Any member of the District who is called or required to serve as a trial juror
may be absent from duty with the District during the period of such service or while
necessarily being present in court as a result of such call. Such member on jury duty will
continue to receive normal pay, provided he or she:
A. Notifies his or her supervisor in advance, with adequate time remaining so
that a relief may be obtained.
B. Returned to work within a reasonable time after being released with a
signed certificate of service from the court stipulating the hours of service and release time.
This certificate may be obtained by~asking the court secretary or bailiff. The employee
then forwards it to his or her supervisor.
C. Pay received for service while absent from the District must be surrendered
to the District; however, pay received while off duty may be kept by the employee.
D. All personnel called for jury duty must abide by all of the above rules and
must return to work if dismissed before the end of their regular work shift.
§ 11 Civil Subpoena/Criminal Subpoena
A. Civil Subpoena
1. When members of the District have been served a civil subpoena to
appear in court as a witness due to actions as a District employee, the following procedure
shall be followed:
a. Personnel will be paid at their regular hourly rate while they are in
court.
b. District transportation will be provided when available. If the
employee uses his or her own transportation, he or she will be reirbursed by the District at
the prevailing mileage rate.
c. If the employee is required to appear in a court that is outside the
Rancho Cucamonga Fire Protection District and this appearance requires the employee to
buy a meal and/or lodging, he or she will be reimbursed.
If an extended appearance in court is necessary where lodging and meals
would be required, authorization shall be obtained from the Fire Chief.
B. Criminal Subpoena
1. Pursuant to California Penal Code § 1326 et. seq., if an employee is
served with a criminal subpoena, the employee will be paid at the regular hourly rate while
in court.
2. District transportation will be provided when available. If the employee
uses their own transportation, they will be reimbursed by District at the prevailing mileage
rate.
3. If the employee is required to appear in court outside the Rancho
Cucamonga Fire Protection District and this appearance requires the employee to buy a
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meal, he or she will be reimbursed. If an extended appearance in court is necessary where ~
lodging and meals would be required, authorization shall be obtained from the Fire Chief.
4. A criminal subpoena need not have a court stamp affixed.
§ 12 Leaves of Absence without Pay
A. Upon the written request of the employee, a leave of absence may be
granted for a period not to exceed thirty (30) days by the Fire Chief, or a period not to
exceed one (1) year by the Board of Directors.
B. Failure of the employee to return to his or her employment upon the
termination of an authorized leave of absence shall constitute a separation from service by
that employee.
C. Leave of absence without pay granted by the Board shall not be construed
as a break in service or employment. During these periods, vacation, holiday, orsick leave
credits shall not accrue. An employee reinstated after a leave of absence without pay shall
receive the same step in the salary range received when he or she began the leave of
absence. Time spent on such leave without pay shall not count toward service for
increases within the salary range or for the purposes of seniority. For purposes of this
section, the employee's merit increase eligibility date shall be adjusted to the date of
reinstatement.
D. An employee on an approved leave of absence without pay may continue
medical insurance coverage by paying the full cost to District, in advance, for each month,
or portion thereof, of which he or she is absent.
ARTICLE IV GRIEVANCE PROCEDURE
§1 Purpose
This article is intended to provide a fair and orderly procedure for the resolution
of employee grievances. A grievance is a claimed violation, misinterpretation,
misapplication, or noncompliance with existing District codes, resolutions, written rules,
policies, procedures, orders, and regulations, or this document. This grievance
procedure shall not apply to disciplinary matters or to reviews of performance
evaluation reports or to discharge of probationary employees. Disciplinary matters
include all warnings, written reprimands, suspensions, reductions in pay which are
not the result of transfer or reassignment, demotions, dismissal or any other action
which consists of a taking of property as said term is defined by the courts in the
disciplinary context. (Reassignments and/or transfers that result in a loss of
compensation shall not be deemed to be disciplinary actions.)
§ 2 Objectives
possible.
The grievance procedure is established to accomplish the following objectives:
A. To settle disagreements at the employee-supervisor level, informally if
B. To provide an orderly procedure to handle grievances.
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C. To resolve grievances as quickly as possible.
D. To correct, if possible, the cause of grievances to prevent future similar
complaints.
E. To provide for atwo-way system of communication by making it possible for
levels of supervision to address problems, complaints, and questions raised by employees.
F. To reduce the number of grievances by allowing them to be expressed and
thereby adjusted and eliminated.
G. To promote harmonious relations generally among employees, their
supervisors and the administrative staff.
H. To assure fair and equitable treatment of all employees.
§ 3 General Provisions
A. Preparation of a grievance will be accomplished in such a manner and at a
time that will not interfere with normally required work procedures.
B. The Board of Directors or its individual members shall not be approached
by employees or their representatives at any time that the grievance is being processed.
C. Failure of the grievant to comply with time limitations specified in the
grievance procedure shall constitute a withdrawal of the grievance, except upon a showing
of good cause for such failure. Failure of District supervisory or administrative staff to
comply with specified time limitations shall permit the grievant to proceed to the next step
in the procedure. EXCEPTION: Notwithstanding the above, an extension of time is
permitted with the mutual consent of both parties.
D. In the event a grievant elects to represent himself or herself or is
represented by counsel other than that provided by the employee organization, the
employee organization shall be apprised of the nature and resolution of the grievance if the
issues involved are within the scope of said organization's representation rights.
E. If an individual named in a dispute is unavailable within the time period
specified in these procedures, time limitations can be extended by mutual agreement of the
representatives of the respective parties.
F. Any period of time specified in this rule for the giving of notice or taking of
any action exclude weekends and holidays.
G. Unless otherwise specifically provided for herein, the term "days" shall
mean business days of the District's Administrative offices.
H. An arbitrator shall not have authority to determine if a matter is within the
definition of a "grievance" and/or is timely filed or otherwise administratively prosecuted on
a timely basis.
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§ 4 Informal Grievance Procedu
Most problems or complaints can be settled if the employee will promptly,
informally and amicably discuss them with his or her immediate supervisor. Such an initial
discussion shall precede any use of the formal grievance procedure. If the immediate
supervisor fails to reply to the employee within ten (10) days, or the employee is not
satisfied with the decision, the employee may utilize the Formal Grievance Procedure.
Although invocation of the Informal Grievance Procedure does not mandate submission of
the grievance in writing, the immediate supervisor shall document the substance of the
informal grievance meeting. Failure by the employee to advise the immediate supervisor of
the grievable problem or complaint within seven (7) days of the date that the employee
knew or should reasonably have known of the existence of the problem or complaint, shall
constitute a waiver by the employee of the ability to utilize the grievance procedure.
§ 5 Formal Grievance Procedure
A. Step I
The employee and/or representative shall present the grievance, in writing
and signed, to his or her immediate supervisor within fifteen (15) days of the date that the
employee knew or reasonably should have known of the events giving rise to the
grievance. An official grievance form must be used stating names, dates, times, place, and
nature of grievance, explaining how the grievance fits within the definition of "grievance" as
set forth in § 1, above. The employee's supervisor shall attempt to resolve the grievance
with the employee and shall submit his or her decision in writing to the employee within ten
(10) days after receipt of the grievance. The employee shall have the right to appeal the
decision of the supervisor to the Fire Chief.
B. Step II
1. If the grievance is not resolved to the satisfaction of the employee, the
grievant has seven (7) days following receipt of the written response from his or her
supervisor to file a written appeal to the Fire Chief or designated representative.
2. Written appeal to the Fire Chief or designated representative shall
consist of the statement of the grievance and shall include a statement by the grievant's
representative setting forth the reasons why the response of the employee's supervisor did
not satisfactorily resolve the grievance and an indication of the action desired by the
grievant. The written appeal shall explain why the grievance fits within the definition of
"grievance" as het forth in § 1, above.
3. After submission of the written appeal, the Fire Chief or designee shall
reply within three (3) days, in writing, to the grievant regarding the grievance. In event of
rejection, reasons for so doing will be included in the response.
C. Step III
1. If the grievance is not resolved to the satisfaction of the employee, the
grievant has seven (7) days following receipt of the written response from the Fire Chief or
designee to file a written appeal to the Chief Executive Officer (CEO) of the District. The
CEO may designate a representative to act in his or her stead.
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2. Written appeal to the CEO or designated representative shall consist
of the statement of the grievance and shall include a statement by the grievant's
representative setting forth the reasons why the response of the Fire Chief or designee did
not satisfactorily resolve the grievance, and an indication of the action desired by the
grievant. The written appeal shall explain why the grievance fits within the definition of
"grievance" as set forth in § 1 above.
3. After submission of the written appeal, the CEO or designee shall reply
in writing within fifteen (15) days, to the grievant regarding the grievance. The reasons for
the decision will be included in the response.
4. Section 1 PURPOSE defines a grievance as a claimed violation,
misinterpretation, misapplication or noncompliance with existing District codes, resolutions,
written rules, policies, procedures, orders and regulations, or this document. The decision
by the CEO or designee shall address whether or not the complaint of the employee is
grievable pursuant to the grievance definition set forth in § 1 above and/or is timely filed or
otherwise administratively prosecuted in a timely basis. In the event that the CEO or
designee determines that the employee's complaint is not defined by § 1 above as a
grievance and/or is not timely filed or otherwise administratively prosecuted in a timely
basis, the CEO or designee shall advise the employee that the complaint is not grievable
and the grievance shall proceed no further unless or until on application by the employee, a
judgment is entered at the trial court level, indicative of the complaint being jurisdictionally
grievable pursuant to the definitions set forth in § 1 above and/or pursuant to requirements
of timeliness.
D. Step IV
1. If a grievance is not resolved by the CEO or designee and is deemed
"grievable" pursuant to these rules and regulations, (a defined grievance and/or timely)
then within seven (7) days of service by the CEO or designee of a grievance decision, the
employee may further appeal the matter by filing with the office of the CEO or his designee
a written appeal to binding arbitration. Said appeal shall be timely only if it is received in
the office of the CEO or designee not later than seven (7) days after service of the
grievable decision by the CEO or designee.
2. The employee's appeal shall state with specificity the identification of
the District Codes, resolutions, written rules or regulations or sections of this document
which is claimed to have been violated. The appeal shall additionally state with specificity
all allegations of facts upon which the grievance is based, and the specific relief sought.
3. Within ten (10) days after receipt of a valid appeal, the CEO or his
designee shall request of the California State Conciliation and Mediation Service, that it
submit a list of seven (7) arbitrators for hearing of the grievance. The CEO or designee
shall direct that a copy of the list of arbitrators be sent to the employee and to the CEO or
designee, as well.
4. Absent mutual selection of an arbitrator from either the submitted list
or otherwise, the arbitrator shall be chosen by an initial flip of the coin, with the prevailing
employee or CE0/designee having the option of making the first strike or directing that the
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opposing party make the first strike. Following alternate striking, the one remaining
arbitration candidate shall be deemed the appointed arbitrator.
5. The arbitrator shall conduct the hearing at a time and place mutually
agreed upon by the parties.
6. The hearing shall be memorialized by use of a certified shorthand
reporter. The shorthand reporter shall be selected by the employee.
7. All fees and expenses of the arbitrator shall be borne equally by the
parties.
8. All fees and expenses related to the securing of a representative
and/or legal counsel, the preparation of transcripts, witness fees and other expenses
attendant to the presentation of evidence, shall be borne by the party at whose direction
said expense is incurred.
9. The per diem fee of the shorthand reporter shall be borne equally by
the parties. The cost of transcription shall be borne by the party ordering the transcript.
10. Neither the Federal or California State Rules of Evidence shall be
binding upon evidentiary issues at the hearing. However, such authorities may be
considered by the arbitrator in rendering evidentiary rulings. Further, the California
Administrative Procedure Act shall specifically be of no application to the hearing process.
11. Although the Rules of Evidence shall not be strictly adhered to,
hearsay that would be inadmissible in a civil or criminal proceeding cannot in and of itself
support a finding by the arbitrator without corroboration. In general, the arbitrator shall
admit evidence which is of such reliability that reasonable persons rely upon it in the
conduct of serious matters such as the hearing.
12. The burdens of proof and production of evidence shall be borne by the
employee and shall be by a preponderance of the evidence.
13. Not later than ten (10) days prior to the date of commencement of the
hearing, the parties shall exchange lists of witnesses each intends to call at the hearing,
and a list of documents it intends to introduce at the hearing. Said documents shall be
attached to the notifications provided for herein, and the notifications shall actually be in
receipt of the opposing party on or before the tenth (10th) day prior to commencement of
the hearing. Failure to comply with said requirements shall result in exclusion of witness
testimony and/or rejection of exhibits not designated in the submissions.
14. The arbitrator shall be empowered to issue subpoenas for the
production of persons and documents. The arbitrator shall designate the subpoena form to
be utilized in such case. The California Code of Civil Procedure, the Evidence Code and
other applicable statutes shall apply to the validity and processing of subpoenas and to the
method of service of the same.
15. Not later than thirty (30) days after closure of the record, the arbitrator
shall render a binding opinion regarding the issues at dispute, and shall submit the binding
opinion to the employee, to the Fire Chief and to the Chief Executive Officer of the District.
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16. The conduct of the arbitration proceedings shall be governed by this
MOU, and not by CCP § 1280 et seq.
ARTICLE V DISCIPLINARY APPEAL
§1 Purpose
This article is intended to provide a fair, orderly, and due process compliant
procedure whereby employees can seek review of disciplinary actions. Disciplinary actions
shall be defined as: 1) oral warning, 2) written reprimand, 3) suspension without pay, 4)
reduction in pay which is not the result of transfer or reassignment,. 5) demotion, 6)
dismissal. Transfers or reassignments resulting in a reduction in bonus or related
compensation shall not be considered disciplinary action and shall not be subject to review
pursuant to either this MOU or any other District rules, policies and regulations. Further,
oral warnings a,nd written reprimands shall not be subject to appeal beyond the level of the
Fire Chief or designee as set forth below. Performance evaluation reports and/or the
discharge of probationary employees shall not be subject to review pursuant to this Article.
§ 2 General Provisions
A. Preparation of an appeal will be accomplished in such a manner and at a
time that will not interfere with normally required work procedures.
B. The Board of Directors or its individual members shall not be approached
by employees or their representatives at any time that the appeal is being processed.
C. Failure of the appellant to comply with time limitations specified in the
appeal procedure shall constitute a withdrawal of the appeal, except upon a showing of
good cause for such failure. Failure of District supervisory or administrative staff to comply
with specified time limitations shall permit the appellant to proceed to the next step in the
procedure. EXCEPTION: Notwithstanding the above, an extension of time is permitted with
the mutual consent of both parties.
D. Any period of time specified in this rule for the giving of notice or taking of
any action excludes weekends and holidays.
E. Unless otherwise specifically provided for herein, the term "days" shall
mean business days of the District's Administrative offices.
F. Neither a hearing officer nor the CEO shall have authority to determine if a
matter is within the definition of a disciplinable appeal and/or is timely filed or otherwise
administratively prosecuted in a timely manner.
§ 3 Pre-Disciplinary Notice
A. In those instances where a supervisor intends that a disciplinary action
consisting of the loss of property (suspension, reduction, demotion or dismissal), the
supervisor intending to issue said recommendation shall provide the affected employee
with a written notice prior to imposition of any such disciplinary action. Said written notice
shall at a minimum, consist of the following:
A statement of the disciplinary action that is being proposed.
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2. The proposed date of imposition of said action.
3. A statement of the basis for said proposed action.
4. The Notice shall include as attachments, the materials upon which the
proposed action is based (with the exception of the employee's personnel file, which need
not be attached to the Notice).
5. A statement of the. method for participating in apre-disciplinary review
of the proposed action.
B. At the discretion of the Fire Chief, a Notice of Intended Disciplinary Action
can be issued by either the Chief or his designee.
C. Not later than five (5) days after being served with the Notice of Intended
Disciplinary Action, the employee shall serve the Fire Chief or designee with a written
request to convene such a meeting. The pre-disciplinary review meeting shall be
conducted not later than five (5) days thereafter.
The employee has the option of waiving participation in apre-disciplinary
review meeting, and instead may respond to the Notice of Intended Disciplinary Action in
writing. If the employee so elects, the employee's substantive written response to the
Notice of Intended Disciplinary Action shall be served upon the Fire Chief or designee
within five (5) days of service of the Notice of Intended Disciplinary Action.
D. The pre-disciplinary review meeting shall be anon-evidentiary, informal
meeting conducted pursuant to the principles in Skelly v. State Personnel Board. There
shall be no subpoena power as regards said pre-disciplinary review meeting and there
shall be no examination of witnesses. Rather, the purpose of the meeting is for the subject
employee to provide the Fire Chief or designee with an informal rebuttal to the findings and
conclusions set forth by the Fire Chief or designee.
E. If the employee does not elect to participate in apre-disciplinary review
meeting, then the Fire Chief or designee shall issue a Notice of Disciplinary Determination
based upon a review, of the Notice of. Intended Disciplinary Action and the materials
incorporated therein.
F. Regardless of whether or not the Notice Intended Disciplinary Action.is
issued by the Chief or a designee, the Chief shall preside over any timely requested pre-
disciplinary review proceeding and shall issue a determination either rejecting, modifying or
sustaining the nature of the proposed action. However, the .pre-disciplinary review
proceeding shall not result in an increase in the severity of the proposed action without an
amended Notice of Intended Action being first drafted and served and which so reflects the
Fire Chief's recommendation.
G. The Fire Chief shall cause the Notice of his post-review determination to be
served upon the employee and/or the employee's representative.
H. The decision by the Fire Chief or designee shall address whether or not the
appeal of the employee is appealable pursuant to the definition set forth in § 1 above
and/or is timely filed or otherwise administratively prosecuted in a timely manner. In the
event that the Fire Chief or designee determines that the employee's appeal is not defined
as such by § 1 above and/or is not timely filed or otherwise administratively prosecuted in a
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timely manner, the Fire Chief or designee shall advise the employee that the matter is not
appealable and the appeal shall proceed no further unless or until on application by the
employee, a judgment is entered at the trial court level, indicative of the matter being
jurisdictionallysppealable pursuant to the definitions set forth in § 1 above and/or pursuant
to requirements of timeliness.
§ 4 Hearing Officer Appeal
A. This Step Ill shall only be applicable to an appeal of disciplinary actions
consisting of a deprivation of property (suspension, reduction, demotion or dismissal).
B. If an appeal is not. resolved by the Fire Chief following apre-disciplinary
review meeting, then within seven (7) days of service by the Fire Chief or designee of his
decision, the employee may further appeal the matter by filing with the office of the Fire
Chief or his designee a written appeal to an advisory hearing officer. Said appeal shall be
timely only if it is received in the office of the Fire Chief or designee not later than seven (7)
days after service of the appealable decision by the Fire Chief or designee.
C. The employee's appeal shall state with specificity all allegations of facts and
law upon which the appeal is based, and the specific relief sought.
D. Within ten (10) days after receipt of a valid appeal, the Fire Chief or his
designee shall request of the California State Conciliation and Mediation Service, that it
submit a list of seven (7) hearing officers for hearing of the appeal. The Fire Chief or
designee shall direct that a copy of the list of hearing officers be sent to the employee and
to the Fire Chief or designee, as well.
E. Absent mutual selection of a hearing officer from either the submitted list or
otherwise, the hearing officer shall be chosen by an initial flip of the coin, with the prevailing
employee or Fire Chief/designee having the option of making the first strike or directing that
the opposing party make the first strike. Following alternate striking, the one remaining.
hearing officer candidate shall be deemed the appointed hearing officer.
F. The hearing officer shall conduct the hearing at a time and place mutually
agreed upon by the parties.
G. The hearing shall be memorialized by use of a certified shorthand reporter.
The shorthand reporter shall be selected by the employee.
H. All fees and expenses of the hearing officer shall be borne equally by the
parties.
I. All fees and expenses related to the securing of a representative and/or
legal counsel, the preparation of transcripts, witness fees and other expenses attendant to
the presentation of evidence, shall be borne by the party at whose direction said expense
is incurred.
J. The per diem fee of the shorthand reporter shall be borne equally by the
parties. The cost of transcription shall be borne by the party ordering the transcript.
K. Neither the Federal or California State Rules of Evidence shall be binding
upon evidentiary issues at the hearing. However, such authorities may be considered by
the hearing officer in rendering evidentiary rulings. Further, the California Administrative
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Procedure Act shall specifically be of no application to the hearing process. Additionally,
the Fire Chief or designee shall be specifically authorized to call the employee or any other
individual as a witness during his case in chief or otherwise as the Fire Chief or designee
may deem appropriate.
L. Although the Rules of Evidence shall not be strictly adhered to, hearsay that
would be inadmissible in a civil or criminal proceeding cannot in and of itself support a
finding by the hearing officer without corroboration. In general, the hearing officer shall
admit evidence which is of such reliability that reasonable persons rely upon it in the
conduct of serious matters such as the hearing.
M. The burdens of proof and production of evidence shall be borne by the Fire
Chief. The standard of proof shall be by a preponderance of the evidence.
N. Not later than ten (10) days prior to the date of commencement of the
hearing, the parties shall exchange lists of witnesses each intends to call at the hearing,
and a list of documents it intends to introduce at the hearing. Said documents shall be
attached to the notifications provided for herein, and the notifications shall actually be in
receipt of the opposing party on or before the tenth (10th) day prior to commencement of
the hearing. Failure to comply with said requirements shall result in exclusion of witness
testimony and/or rejection of exhibits not designated in the submissions.
O. The hearing officer shall be empowered to issue subpoenas for the
production of persons and documents. The hearing officer shall designate the subpoena
form to be utilized in such case. The California Code of Civil Procedure, the Evidence
Code and other applicable statutes shall apply to the validity and processing of subpoenas
and to the method of service of the same.
P. Not later than thirty (30) days after closure of the record, the hearing officer
shall render a written advisory opinion regarding the issues at dispute, and shall submit the
advisory opinion to the employee, to the Fire Chief and to the Chief Executive Officer of the
District.
§ 5 CEO Decision
A. Within thirty (30) days after receipt of the hearing officer's decision, the
Chief Executive Officer shall advise the parties in writing pursuantto paragraph 4, below, of
whether or not the hearing officer's recommendation is adopted. If adopted, the Chief
Executive Officer need not review transcripts of the proceedings. If the Chief Executive
Officer adopts the hearing officer's recommendation, then it shall be considered a final
determination.
B. In the event that the Chief Executive Officer determines that the hearing
officer's recommendation may be subject to rejection or modification, the Chief Executive
Officer shall within thirty (30) days of receipt of the appeal so notify the parties and shall
order a transcript of the proceedings before the hearing officer with copies to the employee
and the Fire Chief. In such case, the cost of producing the transcript of the proceedings
shall be borne equally by the parties. Within thirty (30) days of service of the transcript, the
employee and the Fire Chief may submit to the Chief Executive Officer, a written
memorandum of points and authorities in support of their respective positions.
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C. Within thirty (30) days of receipt of the legal briefs, the Chief Executive
Officer shall render a final determination either sustaining, modifying or rejecting the
hearing officer's recommendation. The Chief Executive Officer's decision shall be
submitted to the parties in writing and shall be final upon service being made by mail.
D. Allowable judicial review of the Chief Executive Officer's decision shall be
sought within the time constraints of CCP § 1094.6 (mandating that a petition for
peremptory writ of mandate shall be filed not later than the ninetieth (19) day following the
date on which the Chief Executive Officer's decision is mailed by first-class mail, postage
pre-paid, including.a copy of the affidavit or certificate of mailing).
ARTICLE VI SAFETY
§ 1 Compliance
District and employees shall conform to and comply with all health, safety, and
sanitation requirements imposed by District, state or federal lave or regulations adopted
under state or federal law.
§ Z No Discrimination
No employee shall be in any way discriminated against as a result of reporting
any condition believed to be a violation of § 1 of this Article VI.
§ 3 Safety Equipment
Should the employment duties of an employee in the unit, in the estimation of
OSHA, require use of any equipment or gear to insure the safety of the employee or
others, District agrees to furnish such equipment or gear.
§ 4 Employee Responsibility
In the course of performing their normally assigned work, employees will be
alert to observe unsafe practices, equipment, and conditions; as well as environmental
conditions in their immediate area which represent health hazards and will report such
conditions to their immediate supervisor. All employees shall make certain that all power
machinery is equipped with safety devices properly installed and in working condition and
that co-workers use utmost care in the handling of tools and equipment. Employees shall
report all accidents immediately to their immediate supervisors. Reports shall be submitted
on forms provided by District.
§ 5 Smoking Policy
Employees have agreed to accept and abide by the District "Smoking Policy",
as written and approved by the Chief in effect on July 1, 1996.
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ARTICLE VII MANAGEMENT RIGHTS
§ 1 Scope of Rights
It is understood and agreed that District possesses the sole right and authority
to operate and direct the employees of District in all aspects, except as modified in this
Memorandum of Understanding. These rights include, but are not limited to:
A. The right to determine its mission, policies, and standards of service to be
provided to the public;
B. To plan, direct, control, and determine the operations or services to be
conducted by employees of District;
C. To determine the methods, means, and number of personnel needed to
carry out District's mission;
D. To direct the working forces;
E. To hire, assign, or transfer employees within District;
F. To promote, suspend, discipline, or discharge employees;
G. To layoff or relieve employees due to lack of work or funds or for other
legitimate reasons, (any provision within this MOU, City rules or regulations or any other
policy or procedure promulgated by the City or any Department of the City which prohibits
the imposition of layoffs, is deemed null and void);
H. To make, publish, and enforce rules and regulations;
I. To introduce new or improved methods, equipment, or facilities;
J. To contract out for goods and services;
K. To take any and all actions as may be necessary to carry out the mission of
District in situations of civil emergency as may be declared by the Board of Directors or Fire
Chief;
L. To schedule and assign work; and,
M. To establish work and productivity standards.
§ 2 Emergency Conditions
If in the sole discretion of the Board of Directors or Fire Chief it is determined
that extreme civil emergency conditions exist, including, but not limited to, riots, civil
disorders, earthquakes, floods, or other similar catastrophes, the provisions of this MOU
may be suspended during the time of the declared emergency, provided that wage rates
and monetary fringe benefits shall not be suspended.
ARTICLE VIII MAINTENANCE OF BENEFITS
All benefits enjoyed by the employees at the present time, which are not
included in nor specifically changed by this MOU, shall remain in full force and effect;
provided, however, that upon the mutual agreement of the parties, the meet and confer
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process may be initiated to address proposed changes. This Article shall not be
interpreted as affecting any other rights or obligations the respective parties have under §
3500, et. seq., of the California Government Code.
ARTICLE IX APPROVAL BY THE BOARD OF DIRECTORS
This MOU is subject to approval by the Board of Directors of District. The
parties hereto agree to perform whatever acts are necessary both jointly and separately to
urge the Board to approve and enforce this MOU in its entirety. Following approval of this
MOU by the Board, its terms and conditions shall be implemented by appropriate
ordinance, resolution, or other lawful action.
ARTICLE X PROVISIONS OF LAW
A. It is understood and agreed that this MOU and employees are subject to all
current and future applicable Federal and State laws and regulations and the current
provisions of District law. If any part or provisions of this MOU is in conflict or inconsistent
with such applicable provisions of those Federal, State, or District enactments or is
otherwise held to be invalid or unenforceable by any court of competentjurisdiction, such
part or provision shall be suspended and superseded by such applicable law or
regulations, and the remainder of this MOU shall not be affected thereby. If any
substantive part or provision of this MOU is suspended or superseded, the parties agree to
re-open negotiations regarding the suspended or superseded part or provisions with the
understanding that the total compensation to employees under this MOU shall not be
reduced or increased as result of this Article.
B. The District and Fire MEG recognize that under this MOU and in personnel
matters not covered in this contract, the current District Personnel Rules as amended and
effective shall apply. The Personnel Rules applicable to Fire MEG shall not be changed for
the duration of this MOU.
ARTICLE XI TERM
The term of this MOU shall commence on July 1, 2009 and will continue for a
period thereafter, ending on June 30, 2010.
ARTICLE XII NEGOTIATION OF SUCCESSOR MOU
The parties agree that negotiation of a successor to this MOU shall commence
not later than six (6) months prior to the MOU expiration date. It is further agreed that in
order to facilitate the parties' goal of expeditiously completing the meet and confer process
on or before June 30, 2010, the parties shall exchange written meet and confer proposals
not later than February 1, 2010.
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ARTICLE XIII PARITY PROVISION
If during the term of this MOU, the City/District initially negotiates and provides
an ihcrease in base salary to the unit(s) represented by any other City/District recognized
employee organization(s), said increase shall also be made applicable to the unit
represented by the Association. This Article shall not apply to base salary increases which
are the result of a state or court mandate(s), or settlement agreements which apply to
specific units other than that represented by the Association.
Fire MEG
Dated
District
Dated
Mark Hartwig, Deputy Fire Chief Jack Lam, City Manager
Dave Berry, Battalion Chief John R. Gillison, Deputy City Manager/
Administrative Services
Approved by action of the Board of Directors the day of , 2009.
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STAFF REPORT
RANCHO CUCAMONG.A FIRE PROTECTION DISTRICT
Date: May 20, 2009
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
RANCHO
CUCAMONGA
Subject: ADOPTION OF A RESOLUTION DECLARING RESULTS OF A SPECIAL ELECTION
IN COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 09-2 AND
ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES
DISTRICT NO. 85-1 (RC66 PLAZA LLC - APNs 0207-113-23 8 24)
RECOMMENDATION
Consideration of approval of a resolution declaring results of a special election in Community
Facilities District No. 85-1, Annexation No. 09-2 and ordering the annexation of property of
approximately .44 acres at the southwest corner of Foothill Blvd. and San Bernardino Rd. (the
"Annexation Territory') to Community Facilities District No. 85-1•.
BACKGROUND
On March 4, 2009, the Board declared its intention to annex APNs: 0207-113-23 & 24 into CFD No.
85-1. On April 15, 2009, a public hearing was held regarding the annexation and following such
public hearing, the Board of Directors adopted a resolution calling for a special election to submit
the qualified electors of the Annexation Territory a ballot measure pertaining to the authorization to
levy a special tax within the Annexation Territory. A special election was scheduled for April 22,
2009.
On April 22, 2009, the landowner submitted their ballot to the Board Secretary. The Board
Secretary has canvassed the ballot and completed the statement of votes cast (see Exhibit "A" of
Resolution). The Landowner cast their vote unanimously in favor of the levy of the special tax in the
Annexation Territory. Adoption of this resolution constitutes the formal action of the Board declaring
the results of the election and the annexation of the Annexation Territory to Community Facilities
District No. 85-1 and directs the recordation of an amendment to the existing Notice of Special Tax
Lien. By recordation of this amendment, prospective purchasers of property within the Annexation
Territory will have notice of the special tax obligation affecting such property.
Respectfully submitted,
Peter M. Bry
Fire Chief
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Attachment
P78
RESOLUTION NO. FD 09- (~'/g
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY
FACILTIES DISTRICT NO. 85-1, DECLARING THE RESULTS OF A
SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1,
ANNEXATION NO. 09-2 AND ORDERING THE ANNEXATION OF SUCH
PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 85-1
WHEREAS, the Board of Directors (the "Board") of the Rancho Cucamonga Fire Protection District,
California, has previously declared its intention and held and conducted proceedings relating to the
annexation of territory to an existing Community Facilities Di:>trict 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 specificallyArticle 3.5 thereof. The
existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT
NO. 85-1 (the "District"); and,
WHEREAS, the area proposed to be annexed is known and designated as COMMUNITY FACILITIES
DISTRICT NO. 85-1, ANNEXATION NO. 09-2 ("Annexation Territory"), and,
WHEREAS, the Board did call for and order to be held an election to submit to the qualified voters of the
Annexation Territory a proposition to levy a special tax in the Annexation Territory; and,
WHEREAS, at this time said election has been held and the measure voted upon did receive the favorable
2/3's vote of the qualified voters, and the Board desires to declare the favorable results of the
election and to order the annexation of the Annexation Territory to the District.
NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District
does hereby resolve as follows:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The Board hereby receives and approves the CERTIFICATE OF ELECTION
OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the Election
Official, said Statement setting forth the number of votes cast in the election, the
measure voted upon, and the number of votes given for and/or against the measure
voted upon. A copy of said Certificate and Statement is attached hereto marked
Exhibit "A", referenced and so incorporated.
SECTION 3. The Secretary is hereby directed to enter in the minutes of this meeting the results of
the election and the STATEMENT OF VOTES CAST.
SECTION 4. The Board hereby orders the annexation of the Annexation Territory to the District
and further determines that the Board is now authorized to levy the special taxes
within the Annexation Territory as approved and authorized by the qualified electors
of the Annexation Territory.
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SECTION 5. Immediately upon adoption of this Resolution, the AMENDMENT TO THE NOTICE
OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) shall be recorded in the Office
of the County Recorder.
PASSED, APPROVED AND ADOPTED this _ 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
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CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )SS
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT )
THE UNDERSIGNED, AS ELECTION OFFICIAL OF THE RANCHO CUCAMONGA FIltE
PROTECTION DISTRICT, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
DO HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government
Code and the Elections Code of the State of California, I did canvass the returns of the votes cast
at the:
RANCHO CUCAMONGA FIIZE PROTECTION DISTRICT
COMMUNITY FACILITIES DISTRICT NO. 85-1
ANNEXATION NO. 09-2
SPECIAL ELECTION
In said Fire Protection District held on Apri122, 2009
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes case
in said District, and the whole number of votes cast for the Measure in said District, and the
totals of the respective columns and the totals as shown for the Measure are full, true and correct.
TOTAL NUMBER OF VOTES CAST:
II. TOTAL NUMBER OF VOTES FOR FOR
AND AGAINST PROPOSITION A
AGAINST
WITNESS my hand and official Seal this ~~~aday of ~, 2009.
~'"t Elec ' n Officia
Rancho Cucamonga Fire Protection District
State of California
STAFF REPORT
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Date: May 20, 2009
To: President and Members of the Board of Directors
Jack-Lam, A.I.C.P., City Manager
From: Peter M. Bryan, Fire Chief
By: Janet Walker, Management Analyst II
Subject: PROPOSAL FOR CONTRACT ENGINEERING SERVICESFORC;FD85-1 DURING
FISCALYEAR2009/10
r
RANCHO
f~;UCAMONGA
RECOMMENDATION
Approval to renew the existing agreement with Willdan Financial Services (formerly MuniFinancial)
in the amount of $14,650.00 for contract engineering services to update the County Assessor's tax
rolls for tax year 2009/10 within Community Facilities District No. 85-1.
BACKGROUND
The District's Mello-Roos Community Facilities District (CFD) No. 85-1 was formed by landowner
vote in December 1985. Since its formation, the Board has annually levied a special tax for
operation and maintenance costs associated with providing fire protection services to the CFD.
Each year it is necessary to update the previous year's Assessor's tax rolls, special tax spreads,
land use, etc., in order to provide an accurate accounting of developed parcels and the amount of
applied special tax necessary to meet annual budget requirements.
ANALYSIS
The general scope of services provided to the District include assessor parcel research and special
tax levy services, placing special tax assessments on County tax rolls and all related information
services for property owners within CFD boundaries.
Willdan Financial Services proposed annual contract fee for engineering will, once again, remain at
$14,650.00 for Fiscal Year 2009/10, representing. the tenth (10~h) consecutive year without an
increase in cost of services. The following chart provides a history of annual costs charged to the
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CFD for engineering services:
P82
FISCAL YEAR 2009/10
Mnv 20, 2009
PAGE 2
FISCAL YEAR
1986-87
1987-88
1988-89
1989-90
1990-91
1991-92
1992-93
1993-94
1994-95
1995-96
1996-97
1997-98
1998-99
1999-00
FEE FOR SERVICE
$25,000.00 (start up)
$15,900.00
$11,900.00
$11,900.00
$12,500.00
$12,500.00
$12,500.00
$13,125.00
$13,125.00
$13,125.00
$14,000.00
$14,000.00
$14,000.00
$14,000.00
FISCAL YEAR
2000-01
2001-02
2002-03
2003-04
2004-05
2005-06
2006-07
2007-08
2008-09
2009-10
FEE FOR SERVICE
$14,650.00
$14,650.00
$14,650.00
$14,650.00
$14,650.00
$14,650.00
$14,650.00
$14,650.00
$14,650.00
14,650 (proposed)
In FY 2009/10 there are approximately 15,571 parcels that require assessment engineering
oversight and review within the CFD. The cost per parcel fee for engineering services is
approximately $.94 per parcel
ly submitted,
~ ~~ V~/ j
Peter M. B/r~/an
Fire Chief
Attachment ,
CITY OF RANCHO CUCAMONGA P83
Agenda Check Register
4/30/2009 through 5/12/2009
Check No. .Check Date Vendor Name Amount
AP - 00282189 5/6/2009 3T EQUIPMENT COMPANY INC 289.13
AP - 00282190 5/6/2009 A AND A AUTOMOTIVE 356.63
AP - 00282191 5/6/2009 A&V SOFTBALL 3,588.00
AP - 00282192 5/6/2009 A'JONTUE, ROSE ANN 1,036.80.
AP - 00282193 5/6/2009 AA EQUIPMENT RENTALS CO INC 217.06
AP - 00282193 5/6/2009 AA EQUIPMENT RENTALS CO INC 30.41
AP - 00282194 5/6/2009 AARON, JON CURTIS 369.00
AP - 00282195 5/6/2009 ABC LOCKSMITHS 9.79
AP - 00282195 5/6/2009 ABC LOCKSMITHS 1,694.85
AP - 00282195 5/6/2009 ABC LOCKSMITHS 416.39
AP - 00282196 5/6/2009 ABLETRONICS 194.58
AP - 00282197 5/6/2009 ACADEMY OF MUSIC 2,002.00
AP - 00282198 5/6/2009 ACEY DECY EQUIPMENT INC. 406.25
AP - 00282198 5/6/2009 ACEY DECY EQUIPMENT INC. 199.19
AP - 00282198 5/6/2009 ACEY DECY EQUIPMENT INC. 594.82
AP - 00282199 5/6/2009 AECOM 18,841.47
AP - 00282199 5/6/2009 AECOM 18,798.81
AP - 00282200 5/6/2009 AGI ACADEMY 598.50
AP - 00282202 5/6/2009 ALDRICH & ASSOCIATES INC. 625.00
AP - 00282202 5/6/2009 ALDRICH & ASSOCIATES INC. 675.00
AY - 00282203 5/6/2009 ALL CITIES TOOLS 22.52
AP - 00282204 5/6/2009 ALTA LOMA WRESTLING BOOSTER CLUB 250.00
AP - 00282205 5/6/2009 AMERICAN ASSOCIATION OF GRANT PROFESS. 175.00
AP - 00282206 5/6/2009 AMERICAN HOME MODIFICATION 23.00
P.P - 00282207 5/6/2009 AMERICAN ROTARY BROOM CO. INC. 381.30
AP - 00282207 5/6/2009 AMERICAN ROTARY BROOM CO. INC. 385.64
AP - 00282207 5/6/2009 AMERICAN ROTARY BROOM CO. INC. 385.64
AP - 00282207 5/6/2009 AMERICAN ROTARY BROOM CO. INC. 381.30
AP - 00282208 5/6/2009 AMTECH ELEVATOR SERVICES 207.68
AP - 00282208 5/6/2009 AMTECH ELEVATOR SERVICES 241.44
AP - 00282209 5/6/2009 ANSWER WOOD PRODUCTS 322.97
AP - 00282210 5/6/2009 ARAMARK UNIFORM SERVICES 6.70
AP - 00282211 5/6/2009 ARCHITERRA DESIGN GROUP 8,830.00
AP - 0028221 I 5/6/2009 ARCHITERRA DESIGN GROUP 8.85
AP - 00282211 5/6/2009 ARCHITERRA DESIGN GROUP 182.41
AP - 00282211 5/6/2009 ARCHITERRA DESIGN GROUP 3,870.00
AP - 00282212 5/6/2009 ARROW TRAILER SUPPLIES INC 153.17
AP - 00282213 5/6/2009 ART POD, THE 54.05
AP - 00282214 5/6/2009 ASSI SECURITY 2,794.00
AP - 00282214 5/6/2009 ASSI SECURITY 2,372.00
AP - 00282215 5/6/2009 ASSOCIATED ENGINEERS INC 10,584.00
AP - 00282215 5/6/2009 ASSOCIATED ENGINEERS INC 6,152.50
AP - 00282215 5/6/2009 ASSOCIATED ENGINEERS INC 14,847.00
AP - 00282215 5/6/2009 ASSOCIATED ENGINEERS INC 7,935.00
AP - 00282215 5/6/2009 ASSOCIATED ENGINEERS INC 4,704.00
AP - 00282215 5/6/2009 ASSOCIATED ENGINEERS.INC 4,715.00
AP - 00282216 5/6/2009 ASSOCIATED GROUP 2,213.59
AP - 00282217 5/6/2009 AUFBAU CORPORATION 12,921.00
AP - 00282218 5/6/2009 AUTO BODY 2000 ~ 1,520.38
AP - 00282219 5/6/2009 AXL4L PHYSICAL THERAPY 206.40
AP - 00282220 5/6/2009 B AND K ELECTRIC WHOLESALE 571.33
AP - 00282220 5/6/2009 B AND K ELECTRIC WHOLESALE 769.41
AP - 00282220 5/6/2009 B AND K ELECTRIC WHOLESALE ~ 44.42
AP - 00282220 5/6/2009 B AND K ELECTRIC WHOLESALE 45.90
User: VLOPEZ -Veronica Lopez Page: 1 _ Current Date: 05/13/200
Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 16:38:5
CITY OF RANCHO CUCAMONGA P84
Agenda Check Register
4/30/2009 through 5/12/2009
Check No. Check Date Vendor Name Amoun[
AP - 00282220 5/6/2009 B AND K ELECTRIC WHOLESALE 524.88
AP - 00282220 5/6/2009 B AND K ELECTRIC WHOLESALE 1,803.14
AP - 00282221 5/6/2009 BANC OF AMERICA LEASING 1,295.68
AP - 00282222 5/6/2009 BANK OF SACRAMENTO 2,493.07
AP - 00282223 5/6/2009 BETTER ENERGY IDEAS 1,738.87
AP - 00282224 5/6/2009 BISHOP COMPANY 67.41
AP - 00282224 5/6/2009 BISHOP COMPANY 47.00
AP - 00282224 5/6/2009 BISHOP COMPANY 234.56
AP - 00282225 5/6/2009 BLEVINS, DAVE 1,059.02
AP - 00282225 5/6/2009 BLEVINS, DAVE 529.50
AP - 00282225 5/6/2009 BLEVINS, DAVE 1,588.52
AP - 00282225 5/6/2009 BLEVINS, DAVE 794.25
AP - 00282225 5/6/2009 BLEVINS, DAVE 1,323.76
AP - 00282230 5/6/2009 BRODART BOOKS 19.53
AP - 00282230 5/6/2009 BRODART BOOKS 28.77
AP - 00282230 5/6/2009 BRODART BOOKS 68.49
AP - 00282230 5/6/2009 BRODART BOOKS 13.54
AP - 00282230 5/6/2009 BRODART BOOKS 38.53
AP - 00282230 5/6/2009 BRODART BOOKS 25.36
AP - 00282230 5/6/2009 BRODART BOOKS 50.30
AP - 00282230 5/6/2009 BRODART BOOKS 52.43
AP - 00282230 5/6/2009 BRODART BOOKS 49.79
AP - 00282230 5/6/2009 BRODART BOOKS 43.24
AP - 00282230 5/6/2009 BRODART BOOKS 46.74
AP - 00282230 5!6/2009 BRODART BOOKS 21.79
AP - 00282230 5/6/2009 BRODART BOOKS 52.32
AP - 00282230 5/6/2009 BRODART BOOKS 76.72
AP - 00282230 S/6/2009 BRODART BOOKS 40.44
AP - 00282230 5/6/2009 BRODART BOOKS 24.43
AP - 00282230 5/6/2009 BRODART BOOKS 938.46
AP - 00282230 5/6/2009 BRODART BOOKS 265.04
AP - 00282230 5/6/2009 BRODART BOOKS 9.60
AP - 00282230 5/6/2009 BRODART BOOKS 14.67
AP - 00282230 5/6/2009 BRODART BOOKS 136.83
AP - 00282230 5/6/2009 BRODART BOOKS 90.37
AP - 00282230 5/6/2009 BRODART BOOKS 30.13
AP - 00282230 5/6/2009 BRODART BOOKS 34.21
AP - 00282230 S/6/2009 BRODART BOOKS 16.60
AP - 00282230 5/6/2009 BRODART BOOKS 15.65
AP - 00282230 5/6/2009 BRODART BOOKS 133.19
AP - 00282230 5/6/2009 BRODART BOOKS 19.24
AP - 00282230 5/6/2009 BRODART BOOKS 15.66
AP - 00282230 5/6/2009 BRODART BOOKS 34.20
AP - 00282230 5/6/2009 BRODART BOOKS 83.39
AP - 00282230 5/6/2009 BRODART BOOKS 10.27
AP - 00282230 5/6/2009 BRODART BOOKS ]41.05
AP - 00282230 S/6/2009 BRODART BOOKS 190.56
AP - 00282230 5/6/2009 BRODART BOOKS 21.16
AP - 00282230 5/6/2009 BRODART BOOKS 13.62
AP - 00282230 5/6/2009 BRODART BOOKS 44.65
AP - 00282230 5/6/2009 BRODART BOOKS 22.70
AP - 00282230 5/6/2009 BRODART BOOKS 10.26
AP - 00282230 5/6/2009 BRODART BOOKS 167.81
AP - 00282230, 5/6/2009 BRODART BOOKS 49.43
User: VLOPEZ -Veronica Lopez Page: 2 Curren[ Date: 05/13/200
Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:38:5
CITY OF RANCHO CUCAMONGA
Agenda Check Register
4/30/2009 through S/12/2009
Check No. Check Date Vendor Name Amount
AP - 00282230 5/6/2009 BRODART BOOKS 19.64
AP - 00282230 5/6/2009 BRODART BOOKS 10.78
AP - 00282230 5/6/2009 BRODART BOOKS 12.96
AP - 00282230 5/6/2009 BRODART BOOKS 12.90
AP - 00282230 5/6/2009 BRODART BOOKS 32.28
AP - 00282230 5/6/2009 BRODART BOOKS 6.48
AP - 00282230 5/6/2009 BRODART BOOKS 47.48
AP - 00282230 5/6/2009 BRODART BOOKS 6.48
AP - 00282230 5/6/2009 BRODART BOOKS 4.30
AP - 00282230 S/6/2009 BRODART BOOKS 4.30
AP - 00282230 5/6/2009 BRODART BOOKS 12.90
AP - 00282230 5/6/2009 BRODART BOOKS 4.30
AP - 00282230 5/6/2009 BRODART BOOKS 4.30
AP - 00282230 5/6/2009 BRODART BOOKS 12.90
AP - 00282230 5/6/2009 BRODART BOOKS 8.60
AP - 00282230 5/6/2009 BRODART BOOKS 4.30
AP - 00282230 5/6/2009 BRODART BOOKS 4.30
AP - 00282230 5/6/2009 BRODART BOOKS 6.48
AP - 00282230 5/6/2009 BRODART BOOKS 4.30
AP - 00282230 5/6/2009 BRODART BOOKS 12.96
AP - 00282230 5/6/2009 BRODART BOOKS 4.30
AP - 00282230 5/6/2009 BRODART BOOKS 8.60
AP - 00282230 5/6/2009 BRODART BOOKS 12.96
AP - 00282230 5/6/2009 BRODART BOOKS 4.30
AP - 00282230 5/6/2009 BRODART BOOKS 15.08
AP - 00282230 5/6/2009 BRODART BOOKS 8.60
AP - 00282230 5/6/2009 BRODART BOOKS 12.96
AP - 00282230 5/6/2009 BRODART BOOKS 4.30
AP - 00282230 5/6/2009 BRODART BOOKS 37.80
AP - 00282230 5/6/2009 BRODART BOOKS 43.01
AP - 00282230 5/6/2009 BRODART BOOKS 15.65
AP - 00282230 5/6/2009 BRODART BOOKS 13.00
AP - 00282230 5/6/2009 BRODART BOOKS 28.28
AP - 00282230 5/6/2009 BRODART BOOKS 32.52
AP - 00282230 5/6/2009 BRODART BOOKS 12.68
AP - 00282230 5/6/2009 BRODART BOOKS 14.10
AP - 00282230 5/6/2009 BRODART BOOKS 36.98
AP - 00282230 5/6/2009 BRODART BOOKS 93.37
AP - 00282230 5/6/2009 BRODART BOOKS 9.60
AP - 00282230 5/6/2009 BRODART BOOKS 57.82
AP - 00282230 5/6/2009 BRODART BOOKS 19.64
AP - 00282230 5/6/2009 BRODART BOOKS 128.10
AP - 00282230 5/6/2009 BRODART BOOKS 45.39
AP - 00282230 5/6/2009 BRODART BOOKS 22.70
AP.- 00282230 5/6/2009 BRODART BOOKS 185.69
AP - 00282230 5/6/2009 BRODART BOOKS 121.41
AP - 00282230 5/6/2009 BRODART BOOKS 21.50
AP - 00282230 5/6/2009 BRODART BOOKS 68.77
AP - 00282230 5/6/2009 BRODART BOOKS 4.30
AP - 00282230 5/6/2009 BRODART BOOKS 6.48
AP - 00282230 5/6/2009 BRODART BOOKS 4.30
AP - 00282230 5/6/2009 BRODART BOORS 6.48
AP - 00282230 5/6/2009 BROD.4RT BOOKS 17.26
AP - 00282230 5/6/2009 BRODART BOOKS 19.38
P85
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CITY OF RANCHO CUCAMONGA
Agenda Check Register
4/30/2009 through 5/12/2009
Check No. Check Date Vendor Name Amount
AP - 00282230 5/6/2009 BRODART BOOKS 34.36
AP - 00282230 5/6/2009 BRODART BOOKS 6.48
AP - 00282230 5/6/2009 BRODART BOOKS 8.60
AP - 00282230 5/6/2009 BRODART BOOKS 42.99
AP - 00282230 5/6/2009 BRODART BOOKS 4.30
AP - 00282230 5/6/2009 BRODART BOOKS 4.30
AP - 00282230 5/6/2009 BRODART BOOKS 8.60
AP - 00282230 5/6/2009 BRODART BOOKS 4.30
AP - 00282230 5/6/2009 BRODART BOOKS 4.30
AP - 00282230 5/6/2009 BRODART BOOKS 6.48
AP - 00282230 5/6/2009 BRODART BOOKS 4.30
AP - 00282230 5/6/2009 BRODART BOOKS 4.30
AP - 00282230 5/6/2009 BRODART BOOKS 4.30
AP - 00282230 5/6/2009 BRODART BOOKS 19.44
AP - 00282230 5/6/2009 BRODART BOOKS 8.60
AP - 00282230 5/6/2009 BRODART BOOKS 64.45
AP - 00282230 5/6/2009 BRODART BOOKS 4.30
AP - 00282230 5/6/2009 BRODART BOOKS 8.59
AP - 00282230 5/6/2009 BRODART BOOKS 85.96
AP - 00282230 5/6/2009 BRODART BOOKS 8.59
AY - 00282230 5/6/2009 BRODART BOOKS 4.30
AP - 00282230 5/6/2009 BRODART BOOKS 4.30
AP - 00282230 5/6/2009 BRODART BOOKS 4.30
AP - 00282230 5/6/2009 BRODART BOOKS 4.30
AP - 00282230 5/6/2009 BRODART BOOKS 4.30
AP - 00282230 5/6/2009 BRODART BOOKS 4.30
AP - 00282230 5/6/2009 BRODART BOOKS 4.30
AP - 00282230 5/6/2009 BRODART BOOKS 4.30
AP - 00282230 5/6/2009 BRODART BOOKS 24.43
AP - 00282230 5/6/2009 BRODART BOOKS 42.75
AP - 00282230 5/6/2009 BRODART BOOKS 10.26
AP - 00282230 5/6/2009 BRODART BOOKS 5.86
AP - 00282230 5/6/2009 BRODART BOOKS 15.41
AP - 00282230 5/6/2009 BRODART BOOKS 16.60
AP - 00282230 5/6/2009 BRODART BOOKS 12.68
AP - 00282230 5/6/2009 BRODART BOOKS 14.67
AP - 00282230 5/6/2009 BRODART BOOKS 16.03
AP - 00282230 5/6/2009 BRODART BOOKS 17.57
AP - 00282230 5/6/2009 BRODART BOOKS 24.43
AP - 00282230 5/6/2009 BRODART BOOKS 9.58
AP - 00282230 5/6/2009 BRODART BOOKS 16.01
AP - 00282230 5/6/2009 BRODART BOOKS 12.80
AP - 00282230 5/6/2009 BRODART BOOKS 30.50
AP - 00282230 5/6/2009 BRODART BOOKS 52.43
AP - 00282230 5/6/2009 BRODART BOOKS 60.18
AP - 00282230 5/6/2009 BRODART BOOKS 32.34
AP - 00282230 5/6/2009 BRODART BOOKS 19.44
AP - 00282230 5/6/2009 BRODART BOOKS 8.60
AP - 00282230 5/6/2009 BRODART BOOKS 15.08
AP - 00282230 5/6/2009 BRODART BOOKS 21.48
AP - 00282230 5/6/2009 BRODART BOOKS 12.89
AP - 00282230 5/6/2009 BRODART BOOKS 17.26
AP - 00282230 5/6/2009 BRODART BOOKS .12.90
AP - 00282230 5/6/2009 BRODART BOOKS 49.66
P86
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CITY OF RANCHO CUCAMONGA P87
Agenda Check Register
4/30/2009 through 5/12/2009
Check No. Check Dale Vendor Name Amount
AP - 00282230 5/6/2009 BRODART BOOKS 6. 48
AP - 00282230 5/6/2009 BRODART BOOKS 6. 48
AP - 00282230 5/6/2009 BRODART BOOKS 10. 78
AP - 00282230 5/6/2009 BRODART BOOKS 19. 44
AP - 00282230 5/6/2009 BRODART BOOKS 6. 48
AP - 00282230 5/6/2009 BRODART BOOKS 47. 42
AP - 00282230 5/6/2009 BRODART BOOKS 4. 30
AP - 00282230 5/6/2009 BRODART BOOKS 4. 30
AP - 00282230 5/6/2009 BRODART BOOKS 51. 72
AP - 00282230 5/6/2009 BRODART BOOKS 99. 07
AP - 00282230 5/6/2009 BRODART BOOKS 254. 42
AP - 00282230 5/6/2009 BRODART BOOKS 77. 33
AP - 00282230 5/6/2009 BRODART BOOKS 6. 48
AP - 00282230 5/6/2009 BRODART BOOKS 4. 30
AP - 00282230 5/6/2009 BRODART BOOKS 234. 13
AP - 00282230 5/6/2009 BRODART BOOKS 67. 40
AP - 00282230 5/6/2009 BRODART BOOKS 29. 35
AP - 00282230 5/6/2009 BRODART BOOKS 17. 57
AP - 00282230 5/6/2009 BRODART BOOKS 15. 24
AP - 00282230 5/6/2009 BRODART BOOKS 45. 16
AP - 00282230 5/6/2009 BRODART BOOKS 28. 28
AP - 00282230 5/6/2009 BRODART BOOKS 13. 00
AP - 00282230 5/6/2009 BRODART BOOKS 9. 58
AP - 00282230 5/6/2009 BRODART BOOKS 53. 38
AP - 00282230 5/6/2009 BRODART BOOKS 56. 88
AP - 00282230 5/6/2009 BRODART BOOKS 7. 69
AP - 00282230 5/6/2009 BRODART BOOKS 16. 60
AP - 00282230 5/6/2009 BRODART BOOKS 14. 67
AP - 00282230 5/6/2009 BRODART BOOKS 174. 33
AP - 00282232 5/6/2009 BROWN, JENNIFER 300. 00
AP - 00282232 5/6/2009 BROWN, JENNIFER 252. 00
AP - 00282233 5/6/2009 BRUNSWICK DEER CREEK LANES 672. 00
AP - 00282235 5/6/2009 CAFAA 199. 00
AP - 00282236 5/6/2009 CALIFORNIA FACTORS & FINANCE 7,945 55
AP - 00282237 5/6/2009 CALIFORNIA FRANCHISE TAX BOARD 72. 05
AP - 00282238 5/6/2009 CALIFORNIA FRANCHISE TAX BOARD 359. 61
AP - 00282239 5/6/2009 CALIFORNIA SHOPPING CART RETRIEVAL COP 95. 00
AP - 00282240 5/6/2009 CALIFORNIA, STATE OF 125. 00
AP - 00282241 5/6/2009 CALIFORNIA, STATE OF 125. 00
AP - 00282242 5/6/2009 CAMPOS DECORATION & RENTALS 745. 00
AP - 00282244 5/6/2009 CARRILLO, TRINA 312. 00
AP - 00282246 5/6/2009 CARTY, DIANE 1,238. 70
AP - 00282247 5/6/2009 CASTILLO, FRANK 540. 00
AP - 00282247 5/6/2009 CASTILLQ FRANK 420 .00
AP - 00282248 5/6/2009 CASTILLO, JUAQUIN JACK 2,068 .50
AP - 00282249 5/6/2009 CENTER ICE ARENA 189 .00
AP - 00282250 5/6/2009 CHILD SUPPORT ENFORCEMENT DIVISION 175 .00
AP - 00282251 5/6/2009 CHILTON, GABP:IELLE 336 .00
AP - 00282252 5/6/2009 CISNEROS, HERNANDO 300 .00
AP - 00282253 5/6/2009 CITY CLERKS ASSOCIATION OF CALIFORNIA 25 .00
AP - 00282254 5/6/2009 CITY RENTALS 94. 60
AP - 00282255 5/6/2009 CLABBY, SANDRA 1,000 .00
AP - 00282256 5/6/2009 CLARK, KAREN 1,377 .00
AP - 00282258 5/6/2009 COLOR ME MINE 35 .00
user: VLOPEZ -Veronica Lopez Page: 5 Current Date: 05/13/200
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CITY OF RANCHO CUCAMONGA P88
Agenda Check Register
4/30/2009 through 5/12/2009
Check No. Check Date Vendor Name Amount
AP - 00282259 5/6/2009 COMBINED MARTIAL SCIENCE INC 3,217.50
AP - 00282260 5/6/2009 COMMUNITY SENIOR SERVICES 150.00
AP - 00282261 5/6/2009 CONNALLY & GARDNER LLP 45.00
AP - 00282262 5/6/2009 CONSOLIDATED ELECTRICAL DISTRIBUTORS ] 60.90
AP - 00282262 5/6/2009 CONSOLIDATED ELECTRICAL DISTRIBUTORS I 401.83
AP - 00282263 5/6/2009 CONTINENTAL AMERICAN INSURANCE COMPt ~ 140.55
AP - 00282264 5/6/2009 CONTINENTAL AMERICAN INSURANCE COMPS 16.39
AP - 00282265 5/6/2009 COP TOWN UNIFORMS INC. 533.36
AP - 00282266 5/6/2009 COPIES & INK PRINTING INC. 59.28
AP - 00282266 5/6/2009 COPIES & INK PRINTING INC. 59.28
AP - 00282267 5/6/2009 COPP CRUSHING CORP, DAN 40.00
AP - 00282268 5/6/2009 CROP PRODUCTION SERVICES INC 1,751.58
AP - 00282268 5/6/2009 CROP PRODUCTION SERVICES INC 197.91
AP - 00282268 5/6/2009 CROP PRODUCTION SERVICES INC 210.02
AP - 00282268 5/6/2009 CROP PRODUCTION SERVICES INC 459.18
AP - 00282268 5/6/2009 CROP PRODUCTION SERVICES INC 695.00
AP - 00282268 5/6/2009 CROP PRODUCTION SERVICES INC 127.31
AP - 00282268 S/6/2009 CROP.PRODUCTION SERVICES INC 902.00
AP - 00282268 5/6/2009 CROP PRODUCTION SERVICES INC 5,261.92
AP - 00282268 S/6/2009 CROP PRODUCTION SERVICES INC 5,493.42
AP - 00282268 5/6/2009 CROP PRODUCTION SERVICES INC 5,080.00
AP - 00282268 5/6/2009 CROP PRODUCTION SERVICES INC 311.03
AP - 00282268 5/6/2009 CROP PRODUCTION SERVICES INC 495.19
AP - 00282268 5/6/2009 CROP PRODUCTION SERVICES INC 4,053.00
AP - 00282268 5/6/2009 CROP PRODUCTION SERVICES INC 1,932.00
AP - 00282269 5/6/2009 CS LEGACY CONSTRUCTION INC. 24,930.66
AP - 00282269 5/6/2009 CS LEGACY CONSTRUCTION INC. -2,493.07
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 131.34
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 8534
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 2,429.47
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 402.95
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 161.48
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 67.08
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 1,743.71
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 1,781.78
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 186.12
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 128.31
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 171.71
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 95.21
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 242.52
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 129.41
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 160.07
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 766.73
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 645.78
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 87.11
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 2,929.45
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 189.97
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 378.20
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 7,590.14
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 368.33
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 83.93
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT .140.76
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 163.25
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 58.SS
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Report:CK_AGENDA REG PORTRAIT RC - CK: Agenda Check Register Portrait Layout Time: 16:38:5
- - ~ -
CITY OF RANCHO CUCAMONGA P89
Agenda Check Register
4/30/2009 through 5/12/2009
Check No. Check Date Vendor Name Amount
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 301.74
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 1,018.02
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 877.02
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 1,151.97
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 120.95
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 242.52
AP - 0028227 ] 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 1,859.79
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 1,461.71
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 181.58
AP - 0028227] 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 1,650.65
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 1,669.76
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT ~ 1,222.79
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 57.14
AP - 00282271 5/6/2009 CUCAMONGA VALLEY WATER DISTRICT 18.40
AP - 00282272 5/6/2009 D 3 EQUIPMENT 37.29
AP - 00282273 5/6/2009 D AND K CONCRETE COMPANY 889.58
AP - 00282273 5/6/2009 D AND K CONCRETE COMPANY 1.576.88
AP - 00282273 5/6/2009 D AND K CONCRETE COMPANY 644.89
AP - 00282273 5/6/2009 D AND K CONCRETE COMPANY 419.78
AP - 00282273 5/6/2009 D AND K CONCRETE COMPANY 387.15
AP - 00282274 5/6/2009 DAGHDEVIRIAN, KATHY 486.00
AP - 00282275 5/6/2009 DANCE TERRIFIC 2,885.00
AP - 00282276 5/6/2009 DAPPER TIRE CO 2,926.87
AP - 00282277 5/6/2009 DOGS ETC. 717.00
AP - 00282278 5/6/2009 DOPP PROPERTY SERVICES 700.00
AP - 00282279 5/6/2009 DRACHAND, DI ANNE 1,200.00
AP - 00282280 5/6/2009 DUFFY, RICK 3,573.50
AP - 00282281 5/6/2009 DUNN EDWARDS CORPORATION 11.25
AP - 00282281 5/6/2009 DUNN EDWARDS CORPORATION 118.79
AP - 00282281 5/6/2009 DiJNN EDWARDS CORPORATION 90.42
AP - 00282281 5/6/2009 DUNN EDWARDS CORPORATION 90.42
AP - 00282281 5/6/2009 DUNN EDWARDS CORPORATION 118.89
AP - 00282281 5/6/2009 DUNK EDWARDS CORPORATION 209.43
AP - 00282281 5/6/2009 DUNK EDWARDS CORPORATION 60.87
AP - 00282282 5/6/2009 EDFUND 164.91
AP - 00282283 5/6/2009 ELLIS ENTERPRISES 980.00
AP - 00282283 5/6/2009 ELLIS ENTERPRISES 940.00
AP - 00282283 5/6/2009 ELLIS ENTERPRISES 70.00
AP - 00282284 5/6/2009 EMERGENCY PLANNING CONSULTANTS 4,221.50
AP - 00282285 5/6/2009 EMPLOYMENT DEVELOPMENT DEPT. 409.02
AP - 00282287 5/6/2009 ENVIRONMENTAL RECOVERY SERVICES INC. 1,391.70
AP - 00282288 5/6/2009 EWING IRRIGATION PRODUCTS 795.48
AP - 00282288 5/6/2009 EWING IRRIGATION PRODUCTS 211.63
AP - 00282288 5/6/2009 EWING IRRIGATION PRODUCTS 290.69
AP - 00282288 5/6/2009 EWING IRRIGATION PRODUCTS 249.58
AP - 00282288 5/6/2009 EWING IRRIGATION PRODUCTS 218.91
AP - 00282289 5/6/2009 EXERCISE EQUIPMENT SERVICE CO. 249.43
AP - 00282290 5/6/2009 EXPRESS BRAKE SUPPLY 51.10
AP - 00282291 5/6/2009 FASTENAL COMPANY 28.28
AP - 00282291 5/6/2009 FASTENAL COMPANY 162.10
AP - 00282291 5/6/2009 FASTENAL COMPANY 180.71
AP - 00282292 5/6/2009 FEDERAL EXPRESS CORP 34.09
AP - 00282293 5/6/2009 FELICIANO, ANTHONY 720.00
AP - 00282294 5/6/2009 FLAG SYSTEMS INC. 750.00
User: VLOPEZ -Veronica Lopez Page: 7 Current Date: 05/13/200
Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:38:5
CITY OF RANCHO CUCAMONGA
P90
Agenda Check Register
4/30/2009 through 5/12/2009
Check No. Check Date Vendor Name Amoun[
AP - 00282294 5/6/2009 FLAG SYSTEMS INC. 270 .00
AP - 00282294 5/6/2009 FLAG SYSTEMS INC. 1,750 .00
AP - 00282295 5/6/2009 FLEET STAR INC. 3,858 .65
AP - 00282296 5/6/2009 FORD OF UPLAND INC 105 .23
AP - 00282296 5/6/2009 FORD OF UPLAND INC 46 .13
AP - 00282297 5/6/2009 FOX CROFT FARMS 112 .00
AP - 00282298 5/6/2009 FULLERTON COLLEGE 1,250 .00
AP - 00282299 5/6/2009 G AND M BUSINESS INTERIORS 314 .66
AP - 00282299 5/6/2009 G AND M BUSINESS INTERIORS 480. 81
AP - 00282299 5/6/2009 G AND M BUSINESS INTERIORS 1,598. 67
AP - 00282301 S/6/2009 GAS EQUIPMENT SYSTEMS INC 7,833. 90
AP - 00282301 5/6/2009 GAS EQUIPMENT SYSTEMS INC -783. 39
AP - 00282302 5/6/2009 GIORDANQ MARIANNA 276 .00
AP - 00282303 5/6/2009 GOLF VENTURES WEST 28. 48
AP - 002$2393 . , 5/6/2009 GOLF VENTURES WEST 23. 96
AP - 00282303 5/6/2009 GOLF VENTURES WEST 19. 93
AP - 00282304 5/6/2009 GRAFFITI TRACKER INC 4,202. 25
AP - 00282305 5/6/2009 GRAINGER 261. 34
AP - 00282305 5/6/2009 GRAINGER 33. 03
AP - 00282305 5/6/2009 GRAINGER 49 .63
AP - 00282305 .5/6/2009 GRAINGER 76. 72
AP - 00282305 5/6/2009 GRAINGER 125. 68
AP - 00282305 5/6/2009 GRAINGER 9. 84
AP - 00282305 5/6/2009 GRAIi~'GER 9 .35
AP - 00282305 5/6/2009 GRAINGER 318. 10
AP - 00282306 5/6/2009 GUTIERREZ, ZULMA 500 .00
AP - 00282306 5/6/2009 GUTIERREZ, ZULMA 500 .00
AP - 00282306 5/6/2009 GUTIERREZ, ZULMA 0 .24
AP - 00282307 5/6/2009 HAAKER EQUIPMENT CO 1,338 .76
AP - 00282307 5/6/2009 HAAKER EQUIPMENT CO 175 .41
AP - 00282309 5/6/2009 HASAN, JAMES 480 .00
AP - 00282310 5/6/2009 HE[LIG, KELLY 976 .50
AP - 0028231 I 5/6/2009 HODGES, RANDY 1,000 .00
AP - 00282312 5/6/2009 HOGLE-IRELAND 3,010 .63
AP - 00282312 5/6/2009 ~ HOGLE-IRELAND 11,195 .39
AP - 00282313 5/6/2009 HOLLIDAY ROCK CO INC 1,029 .32
AP - 00282313 5/6/2009 HOLLIDAY ROCK CO INC 90 .10
AP - 00282313 5/6/2009 HOLLIDAY ROCK CO INC 50 .00
AP - 00282313 5/6/2009 HOLLIDAY ROCK CO INC 1,897 .36
AP - 00282313 5/6/2009 HOLLIDAY ROCK CO INC 100 .00
AP - 00282313 5/6/2009 HOLLIDAY ROCK CO INC 145 . ] 3
AP - 00282313 5/6/2009 HOLLIDAY ROCK CO INC 546 .25
AP - 00282313 5/6/2009 HOLLIDAY ROCK CO INC 50 .00
AP - 00282313 5/6/2009 HOLLIDAY ROCK CO INC 76 .94
AP - 00282313 S/6/2009 HOLLIDAY ROCK CO INC 50 .00
AP - 00282313 5/6/2009 HOLLIDAY ROCK CO INC 964 .72
AP - 00282313 5/6/2009 HOLLIDAY ROCK CO INC 150 .00
AP - 00282313 5/6/2009 HOLLIDAY ROCK CO INC 1,115 .84
AP - 00282313 5/6/2009 HOLLIDAY ROCK CO INC 100 .00
AP - 00282314 S/6/2009 HOSE MAN INC 70 .40
AP - 00282314 5/6/2009 HOSE MAN INC 128 .67
AP - 00282316 5/6/2009 HSBC BUSINESS SOLUTIONS 33 .10
AP - 00282316 5/6/2009 HSBC BUSINESS SOLUTIONS 31 .10
AP - 00282316 5/6/2009 HSBC BUSINESS SOLUTIONS 1,158 .43
User: VLOPEZ -Veronica Lopez Page: 8 Current Date: 05/13/200
Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 16:38:5'
CITY OF RANCHO CUCAMONGA P91
Agenda Check Register
4/30/2009 through S/12/2009
Check No. Check Date Vendor Name Amount
AP - 00282316 S/6/2009 HSBC BUSINESS SOLUTIONS 41.05
AP - 00282316 S/6/2009 .HSBC BUSINESS SOLUTIONS 21.98
AP - 002523 ] 6 S/6/2009 HSBC BUSINESS SOLUTIONS 283.10
AP - 00282316 S/6/2009 HSBC BUSINESS SOLUTIONS 109.69
AP - 002823 ] 6 S/6/2009 HSBC BUSINESS SOLUTIONS 61.56
AP - 00282316 S/6/2009 HSBC BUSINESS SOLUTIONS 10.72
AP - 00282316 5/6/2009 HSBC BUSINESS SOLUTIONS 137.64
AP - 00282317 S/6/2009 HSU, STEVE 648.00
AP - 00282318 S/6/2009 HUFCOR AIRWALL 1,026.00
AP - 00282319 5/6/2009 HUTCHINSON, LISA 844.80
AP - 00282320 S/6/2009 HYDROSCAPE PRODUCTS INC 1 OS.66
AP - 00282320 S/6/2009 HYDROSCAPE PRODUCTS INC 35.23
AP - 00282320 S/6/2009 HYDROSCAPE PRODUCTS INC 73.41
AP - 00282320 S/6/2009 HYDROSCAPE PRODUCTS INC S 1.93
AP - 00282320 S/6/2009 HYDROSCAPE PRODUCTS INC 548.69
AP - 00282320 S/6/2009 HYDROSCAPE PRODUCTS INC 153.34
AP - 00282320 S/6/2009 HYDROSCAPE PRODUCTS INC 110.11
AP - 00282321 S/6/2009 IBM CORPORATION 125.11
AP - 00282321 S/6/2009 IBM CORPORATION 45.00
AP - 00282322 S/6/2009 INDUSTRIAL SUPPLY CO INC 485.04
AP - 00282324 S/6/2009 INLAND PRESORT & MAILING SERVICES 76.45
AP - 00282324 S/6/2009 INLAND PRESORT & MAILING SERVICES 113.14
AP - 00282325 S/6/2009 INLAND VALLEY COUNCIL OF CHURCHES 1,702.50
AP - 00282326 S/6/2009 INLAND VALLEY DANCE ACADEMY 2,499.90
AP - 00282328 S/6/2009 INTERNATIONAL FOOTPRINT ASSOCIATION 20.00
AP - 00282329 S/6/2009 INTERNATIONAL FOOTPRINT ASSOCIATION 200.00
AP - 00282330 S/6/2009 INTERSTATE BATTERIES 68.61
AP - 00282331 S/6/2009 INTERSTATE BATTERIES 61.14
AP - 00282332 S/6/2009 INTERWEST CONSULTING GROUP INC 2,S6S.00
AP - 00282333 S/6/2009 INTRAVAIA ROCK AND SAND INC 215.33
AP - 00282333 S/6/2009 INTRAVAIA ROCK AND SAND INC 119.63
AP - 00282335 S/6/2009 JAMES HOWELL CONSULTING 833.36
AP - 00282335 S/6/2009 JAMES HOWELL CONSULTING 416.68
AP - 00282335 S/6/2009 JAMES HOWELL CONSULTING 625.02
AP - 00282335 S/6/2009 JAMES HOWELL CONSULTING 1,041.70
AP - 00282335 S/6/2009 JAMES HOWELL CONSULTING 1,250.04
AP - 00282336 S/6/2009 JONES AND MAYER, LAW OFFICES OF 5,437.89
AP - 00282338 S/6/2009 KELLY EQUIPMENT 44.70
AP - 00282339 S/6/2009 KELLY, KRISTA 39.62
AP - 00282341 S/6/2009 KLEPAR, GERTRUDE 25.00
AP - 00282343 S/6/2009 KONICA MINOLTA BUSINESS SOLUTIONS USA 913.13
AP - 00282343 S/6/2009 KONICA MINOLTA BUSINESS SOLUTIONS USA 1,906.27
AP - 00282343 S/6/2009 KONICA MINOLTA BUSINESS SOLUTIONS USA 2,027.52
AP - 00282343 S/6/2009 KONICA MINOLTA BUSINESS SOLUTIONS USA 7,120.41
AP - 00282343 S/6/2009 KONICA MINOLTA BUSINESS SOLUTIONS USA 183.00
AP - 00282344 S/6/2009 KORANDA CONSTRUCTION 7,285.00
AP - 00282344 S/6/2009 KORANDA CONSTRUCTION 7,600.00
AP - 00282346 S/6/2009 LAMOUREUX, JULIE 500.00
AP - 00282347 S/6/2009 LEAGUE OF CALIFORNIA CITIES 45.00
AP - 00282347 S/6/2009 LEAGUE OF CALIFORNIA CITIES 45.00
AP - 00282347 S/6/2009 LEAGUE OF CALIFORNIA CITIES 45.00
AP - 00282347 S/6/2009 LEAGUE OF CALIFORNIA CITIES 45.00
AP - 00282347 S/6/2009 LEAGUE OF CALIFORNIA CITIES 45.00
AP - 00282347 S/6/2009 LEAGUE OF CALIFORNIA CITIES 45.00
User: VLOPEZ -Veronica Lopez Page: 9 Current Date: OS/13/200
Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 16:38:5
CITY OF RANCHO CUCAMONGA
Agenda Check Register
4/30/2009 through 5/12/2009
Check No. Check Date Vendor Name Amount
AP - 00282347 5/6/2009 LEAGUE OF CALIFORNIA CITIES 45.00
AP - 00282348 5/6/2009 LENZ, FRANK 300.00
AP - 00282349 5/6/2009 LIM, HEATHER 870.00
AP - 00282350 5/6/2009 LINARES, RUDY 58.62
AP - 00282351 5/6/2009 LIVE OAK DOG OBEDIENCE 531.60
AP - 00282353 5/6/2009 LONG BEACH SOCCER REFEREE ASSOC 1,044.00
AP - 00282354 5/6/2009 LU'S LIGHTHOUSE INC 147.87
AP - 00282355 5/6/2009 LUCAS, DIAMOND 552.00
AP - 00282356 5/6/2009 LUCKOFF, HANS 535.67
AP - 00282357 5/6/2009 MAESTAS CONSTRUCTION SERVICES 250.00
AP - 00282358 5/6/2009 MARIPOSA HORTICULTURAL ENT INC 5,511.22
AP - 00282358 5/6/2009 MARIPOSA HORTICULTURAL ENT INC 1,910.52
AP - 00282358 5/6/2009 MARIPOSA HORTICULTURAL ENT INC 8,827.46
AP - 00282358 5/6/2009 MARIPOSA HORTICULTURAL ENT INC 3,754.44
AP - 00282358 5/6/2009 MARIPOSA HORTICULTURAL ENT INC 30452
AP - 00282358 5/6/2009 MARIPOSA HORTICULTURAL ENT INC 21,601.82
AP - 00282358 5/6/2009 MARIPOSA HORTICULTURAL ENT INC 9,718.59
AP - 00282358 5/6/2009 MARIPOSA HORTICULTURAL ENT INC 141.57
AP - 00282358 5/6/2009 MARIPOSA HORTICULTURAL ENT INC 3,988.67
AP - 00282359 5/6/2009 MARSHALL, SYLVIA 1,897.50
AP - 00282360 5/6/2009 MARTIN, SCOTT 1,000.00
AP - 00282361 5/6/2009 MARTINEZ UNION SERVICE 45.00
AP - 00282361 5/6/2009 MARTINEZ UNION SERVICE 45.00
AP - 00282361 5/6/2009 MARTINEZ UNION SERVICE 45.00
AP - 00282361 5/6/2009 MARTINEZ UNION SERVICE 45.00
AP - 00282362 5/6/2009 MATERIAL SALES UNLIMITED 41.29
AP - 00282362 5/6/2009 MATERIAL SALES UNLIMITED 397.03
AP - 00282362 5/6/2009 MATERIAL SALES UNLIMITED 222.88
AP - 00282363 5/6/2009 MAXWELL, ANTHONY 67.50
AP - 00282364 5/6/2009 MCCALEB, ERIN 1,163.40
AP - 00282366 5/6/2009 MITSUBISHI ELECTRIC & ELECTRONICS USA II S 15.07
AP - 00282366 5/6/2009 MITSUBISHI ELECTRIC & ELECTRONICS USA Ii 515.07
AP - 00282367 5/6/2009 MMASC 65.00
AP - 00282368 5/6/2009 MOE, JOHN 549.00
AP - 00282369 5/6/2009 MORRIS, RICHARD 282.00
AP - 00282370 5/6/2009 MOUNTAIN MOTOR SPORTS 12.81
AP - 00282371 5/6/2009 MYERCHIN, NICOLE 2,844.00
AP - 00282372 5/6/2009 NAPA AUTO PARTS 687.95
AP - 00282372 5/6/2009 NAPA AUTO PARTS 65.47
AP - 00282372 5/6/2009 NAPA AUTO PARTS 8.29
AP - 00282372 5/6/2009 NAPA AUTO PARTS 18.03
AP - 00282372 5/6/2009 NAPA AUTO PARTS 314.27
AP - 00282373 5/6/2009 NEC UNIFIED SOLUTIONS INC 585.89
AP - 00282373 5/6/2009 NEC UNIFIED SOLUTIONS INC 701.96
AP - 00282374 5/6/2009 NEWPORT TRAFFIC STUDIES 216.00
AP - 00282376 5/6/2009 NICHOLS, GARY 997.50
AP - 00282377 5/6/2009 NINYO & MOTRE 3,856.50
AP - 00282378 5/6/2009 NORSTAR INDUSTRIES 1,050.56
AP - 00282380 5/6/2009 OFFICE DEPOT 12.14
AP - 00282380 5/6/2009 OFFICE DEPOT 88.58
AP - 00282380 5/6/2009 OFFICE DEPOT 60.29
AP - 00282380 5/6/2009 OFFICE DEPOT 3,107.51
AP - 00282380 5/6/2009 OFFICE DEPOT -14.34
AP - 00282380 5/6/2009 OFFICE DEPOT 14.34
P92
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Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:38:5
CITY OF RANCHO CUCAMONGA
Agenda Check Register
4/30/2009 through 5/12/2009
Check No. Check Date Vendor Name Amount
AP - 00282380 5/6/2009 OFFICE DEPOT 49.17
AP - 00282380 5/6/2009. OFFICE DEPOT 84.14
AP - 00282380 5/6/2009 OFFICE DEPOT 176.93
AP - 00282380 5/6/2009 OFFICE DEPOT 18.54
AP - 00282380 5/6/2009 OFFICE DEPOT 37.03
AP - 00282380 5/6/2009 OFFICE DEPOT 116.86
AP - 00282380 5/6/2009 OFFICE DEPOT -47.40
AP - 00282380 5/6/2009. OFFICE DEPOT 29.35
AP - 00282380 5/6/2009 OFFICE DEPOT 115.81
AP - 00282380 5/6/2009 OFFICE DEPOT 1.20
AP - 00282380 5/6/2009 OFFICE DEPOT 55.47
AP - 00282380 5/6/2009 OFFICE DEPOT 326.24
AP - 00282380 5/6/2009 OFFICE DEPOT 29.50
AP - 00282380 5/6/2009 OFFICE DEPOT 44.63
AP - 00282380 5/6/2009 OFFICE DEPOT 1,220.21
AP - 00282380 5/6/2009 OFFICE DEPOT 407.07
AP - 00282380 5/6/2009 OFFICE DEPOT 13.40
AP - 00282380 5/6/2009 OFFICE DEPOT 102.34
AP - 00282380 5/6/2009 OFFICE DEPOT 10.79
AP -00282380 5/6/2009 OFFICE DEPOT 121.90
AP - 00282380 5/6/2009 OFFICE DEPOT 24.43
AP - 00282380 5/6/2009 OFFICE DEPOT 189.39
AP - 00282381 5/6/2009 OMNITRANS 438.50
AP - 00282382 5/6/2009 ONTARIO ICE SKATING CENTER 589.05
AP - 00282383 5/6/2009 ONTARIO WINNELSON CO 17.13
AP - 00282384 5/6/2009 ONTRAC 52.37
AP - 00282385 5/6/2009 ORB, PAUL 6.00
AP - 00282386 5/6/2009 OTSUKA, DENNIS 100.00
AP - 00282386 5/6/2009 OTSUKA, DENNIS 27.00
AP - 00282387 5/6/2009 OWEN ELECTRIC INC 5.97
AP - 00282388 5/6/2009 PACIFIC DESIGN DIRECTIONS INC 5,000.00
AP - 00282389 5/6/2009 PACIFIC PRODUCTS AND SERVICES 2,566.81
AP - 00282389 5/6/2009 PACIFIC PRODUCTS AND SERVICES 107.65
AP - 00282390 5/6/2009 PAL CAMPAIGN 82.00
AP - 00282391 5/6/2009 PATHFINDER ORGANIZATIONAL EFFECTIVENI 2,590.00
AP - 00282393 5/6/2009 PERFORMANCE 1 TKD & FITNESS CTR 409.50
AP - 00282394 5/6/2009 PETES ROAD SERVICE INC 249.70
AP - 00282394 5/6/2009 PETES ROAD SERVICE INC 60.00
AP - 00282394 5/6/2009 PETES ROAD SERVICE INC 304.45
AP - 00282394 5/6/2009 PETES ROAD SERVICE INC 353.85
AP - 00282395 5/6/2009 PINCOTT, CABBIE 26.74
AP - 00282395 5/6/2009 PINCOTT, CABBIE 75.00
AP - 00282396 5/6/2009 PITASSI ARCHITECTS INC 17,641.68
AP - 00282397 5/6/2009 PITNEY BOWES 523.69
AP - 00282398 5/6/2009 PRE-PAID LEGAL SERVICES INC 255.09
AP - 00282398 5/6/2009 PRE-PAID LEGAL SERVICES INC 11.40
AP - 00282399 5/6/2009 PRECISION GYMNASTICS 25.55
AP - 00282399 5/6/2009 PRECISION GYMNASTICS 1,514.80
AP - 00282400 5/6/2009 PROGRESSIVE BUSINESS PUBLICATIONS SPEC: 1,080.00
AP - 00282401 5/6/2009 PROJECT SISTER 150.00
AP - 00282402 5/6/2009 PROPET DISTRIBUTORS INC 718.35
AP - 00282402 5/6/2009 PROPET DISTRIBUTORS INC 2,023.72
AP - 00282404 5/6/2009 RANCHO SPECIALTY HOSPITAL 2,000.00
AP - 00282405 5/6/2009 RCPFA 8,648.06
P93
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Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 16:38:5
CITY OF RANCHO CUCAMONGA P94
Agenda Check Register
4/30/2009 through 5/12/2009
Check No. Check Date Vendor Name ~ Amount
AP - 00282406 5/6/2009 RED WING SHOE STORE 114 .17
AP - 00282406 5/6/2009 RED WING SHOE STORE 114 .17
AP - 00282406 5/6/2009 RED WING SHOE STORE 200 .00
AP - 00282408 5/6/2009 RIVERA, GEORGE S 19 .20
AP - 00282408 5/6/2009 RIVERA, GEORGE 1,038 .40
AP - 00282408 5/6/2009 RIVERA, GEORGE 1,038 .40
AP - 00282409 S/6/2009 RJM DESIGN GROUP INC 2,433 .45
AP - 00282409 5/6/2009 RJM DESIGN GROUP INC 2,500 .00
AP - 00282410 5/6/2009 ROBLES SR, RAUL P 75 .00
AP - 00282410 5/6/2009 ROBLES SR, RAUL~P 75 .00
AP - 00282410 5/6/2009 ROBLES SR, RAUL P 75 .00
AP - 00282410 5/6/2009 ROBLES SR, RAUL P 80 .00
AP - 00282410 5/6/2009 ROBLES SR, RAUL P 81 .00
AP - 00282411 5/6/2009 ROUCH, PETER A 156 .86
AP - 00282411 5/6/2009 ROUCH, PETER A 195 .00
AP - 00282413 5/6/2009 RUBIO, THERESA 682 .96
AP - 00282414 5/6/2009 SAFEWAY SIGN COMPANY 509 .17
AP - 00282414 5/6/2009 SAFEWAY SIGN COMPANY 6,145 .07
AP - 0028241 S 5/6/2009 SAN ANTONIO MATERIALS 644 .12
AP - 00282416 5/6/2009. SAN BERNARDINO COUNTY SHERIFFS DEPT 954 .85
AP - 00282417 5/6/2009 SAN BERNARDINO COUNTY SHERIFFS DEPT 1,302 .07
AP - 00282418 5/6/2009 SANDOVAL, PABLO 300 .00
AP - 00282420 5/6/2009 SBPEA 913 .77
AP - 00282422 5/6/2009 SCOTT, DIANA 375 .00
AP - 00282423 5/6/2009 SHERIFFS COURT SERVICES 360 .93
AP - 00282424 5/6/2009 SHERIFFS COURT SERVICES 209 .49
AP - 00282425 5/6/2009 SHERIFFS COURT SERVICES 150 .00
AP - 00282426 5/6/2009 SHERIFFS COURT SERVICES 150 .00
AP - 00282427 5/6/2009 SHERIFFS COURT SERVICES 65 .00
AP - 00282428 5/6/2009 SHERIFFS COURT SERVICES 388 .91
AP - 00282429 5/6/2009 SHRED IT 34 .00
AP - 00282429 5/6/2009 SHRED IT 17 .00
AP - 00282429 5/6/2009 SHRED IT 17 .00
AP - 00282429 5/6/2009 SHRED IT 17 .00
AP - 00282430 5/6/2009 SIGMANET 5,000 .00
AP - 00282430 5/6/2009 SIGMANET 800 .00
AP - 00282430 5/6/2009 SIGMANET 800 .00
AP - 00282431 5/6/2009 SIGN SHOP, THE 64 .71
AP - 00282432 5/6/2009 SIMPLOT PARTNERS 2,201 .57
AP - 00282433 5/6/2009 SO CALIF GAS COMPANY 2,926 .69
AP - 00282433 5/6/2009 SO CALIF GAS COMPANY 157 .32
'AP - 00282433 5/6/2009 SO CALIF GAS COMPANY ~ 931 .86
AP - 00282433 5/6/2009 SO CALIF GAS COMPANY 2,186 .68
AP - 00282433 5/6/2009 SO CALIF GAS COMPANY 259 .82
AP - 00282433 5/6/2009 SO CALIF GAS COMPANY 3,197 .44
AP - 00282433 5/6/2009 SO CALIF GAS COMPANY 144 .63
AP - 00282433 5/6/2009 SO CALIF GAS COMPANY 825 .11
AP - 00282433 5/6/2009 SO CALIF GAS COMPANY 160 .93
AP - 00282434 5/6/2009 SOLOMON, LASHONDA 360 .00
AP - 00282435 5/6/2009 SOUNDS PLUS INC 233 .56
AP - 00282435 5/6/2009 SOUNDS PLUS INC 265 .07
AP - 00282436 5/6/2009 SOURCE GRAPHICS 412 .43
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 18 .29
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 19 .65
User: VLOPEZ -Veronica Lopez Pagc: 12 Current Date: 05/13/200
Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pornait Layoui Time: 16:38:5
CITY OF RANCHO CUCAMONGA ?95
Agenda Check Register
4/30/2009 through 5/12/2009
Check No. Check Dale Vendor Name Amount
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 522.25
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 90.41
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 18.86
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 18.49
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 20.32
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 87.18
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 126.87
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 115.17
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 38.33
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 180.95
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 49.71
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 18.98
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 124.21
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 86.41
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 95.04
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 18.40
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 16.25
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 84.13
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 18.43
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 18.29
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 18.72
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 18.27
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 28.02
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 44.84
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 18.13
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 15.97.
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 54.73
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 114.74
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 99.33
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 110.30
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 126.12
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 20.37
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 19.68
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 18.31
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 20.83
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 425.94
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 36.73
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 48.34
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 109.69
AP - 00282438 5/6/2009 SOUTHERN CALIFORNIA EDISON 99.15
AP - 00282439 5/6/2009 SOUTHERN CALIFORNIA EDISON 37.19
AP - 00282440 5/6/2009 SOUTHLAND SPORTS OFFICIALS ~ 437.00
AP - 00282441 5/6/2009 SPAGNOLO, SAM 162.03
AP - 00282441 5/6/2009 SPAGNOLO, SAM 15.00
AP - 00282442 5/6/2009 STATER BROS 2,425.00
AP - 00282443 5/6/2009 STEELWORKERS OLDTIMERS FOUNDATION 1,105.96
AP - 00282444 5/6/2009 STEEVE, WILMA 54.38
AP - 00282444 5/6/2009 STEEVE, WILMA 256.67
AP - 00282445 5/6/2009 STOFA, JOSEPH. 12.00
AP - 00282446 5/6/2009 STUART DEAN INC 4;944.00
AP - 00282447 5/6/2009 SUNSHINE GROWERS NURSERY INC 141.16
AP - 00282448 5/6/2009 SUNSTATE EQUIPMENT COMPANY LLC 283.]0
AP - 00282448 5/6/2009 SUNSTATE EQUIPMENT COMPANY LLC 786.63
AP - 00282448 5/6/2009 SUNSTATE EQUIPMENT COMPANY LLC 493.05
User: VLOPEZ -Veronica Lopez Page: 13 Current Date: 05/13/200
Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 16:38:5
CITY OF RANCHO CUCAMONGA P96
Agenda Check Register
4/30/2009 through 5/12/2009
Check No. Check Date Vendor Name Amount
AP - 00282449 5/6/2009 TALBOT, MARY 115.00
AP - 00282450 5/6/2009 TAMS WITMARK MUSIC LIBRARY INC 6,518.75
AP - 00282451 5/6/2009 TERRY, DONNA 147.00
AP - 00282452 5/6/2009 THEATRICAL LIGHTING & SCENIC SERVICES L 1,001 JO
AP - 00282453 5/6/2009 TOMARK SPORTS INC 478.98
AP - 00282453 5/6/2009 TOMARK SPORTS INC 734.42
AP - 00282453 5/6/2009 TOMARKSPORTS INC 362.16
AP - 00282453 5/6/2009 TOMARK SPORTS INC 174.60
AP - 00282454 5/6/2009 TONY B'S AUTO TRANSPORT 71.00
AP - 00282455 5/6/2009 TOOLS R US INC 108.29
AP - 00282456 5/6/2009 TRAFFIC OPERATIONS INC 1,563.39
AP - 00282456 5/6/2009 TRAFFIC OPERATIONS INC 1,343.44
AP - 00282456 5/6/2009 TRAFFIC OPERATIONS INC 9,438.23
AP - 00282457 5/6/2009 TRIFYTT SPORTS 60.00
AP - 00282458 5/6/2009 TW TELECOM 4,010.59
AP - 00282459 5/6/2009 TYPECARE 60.00
AP - 00282460 5/6/2009. UNIFIRST UNIFORM SERVICE 53.12
AP - 00282460 5/6/2009 UNIFIRST UNIFORM SERVICE 178.86
AP - 00282460 5/6/2009 UNIFIRST UNIFORM SERVICE 985.90
AP - 00282460 5/6/2009 UNIFIRST UNIFORM SERVICE 53.12
AP -"00282460 5/6/2009 UNIFIRST UNIFORM SERVICE 172.27
AP - 00282460 5/6/2009 UNIFIRST UNIFORM SERVICE 1,005.76
AP - 00282462 5/6/2009 UNITED FENCE ERECTORS 1,850.00
AP - 00282463 5/6/2009 UNITED REA'TALS NORTHWEST INC 697.56
AP - 00282464 5/6/2009 UNITED SITE SERVICES OF CA INC 132.96
AP - 00282465 5/6/2009 UNITED TRAFFIC 1,495.44
AP - 00282466 5/6/2009 UNITED WAY 278.82
AP - 00282466 5/6/2009 UNITED WAY 11.00
AP - 00282467 5/6/2009 UPLAND TENNIS CLUB 1,482.00
AP - 00282468 5/6/2009 UPS 65.04
AP - 00282468 5/6/2009 UPS 28.38
AP - 00282468 5/6/2009 UPS 25.38
AP - 00282469 5/6/2009 URBAN GRAFFITI ENTERPRISES INC 3,600.00
AP - 00282470 5/6/2009 URBANO, VERNIE 728.00
AP - 00282471 5/6/2009 US POSTMASTER 3,081.76
AP - 00282472 5/6/2009 USA MOBILITY WIRELESS INC 1,081.23
AP - 00282473 5/6/2009 UTI 526.30
AP - 00282473 5/6/2009 UTI 277.00
AP - 00282473 5/6/2009 UTI 415.50
AP - 00282474 5/6/2009 VALDEZ, ED 300.00
AP - 00282475 5/6/2009 VALDEZ, RACHELLE 97.20
AP - 00282476 5/6/2009 VASQUEZ, DENISE 100.00
AP - 00282477 5/6/2009 VERIZON BUSINESS 1,817.65
AP - 00282477 5/6/2009 VERIZON BUSINESS 2,086.61
AP - 00282479 5/6/2009 VERIZON 72.32
AP - 00282479 5/6/2009 VERIZON 36.16
AP - 00282479 .5/6/2009 VERIZON 18.65
AP - 00282479 5/6/2009 VERIZON 16.60
AP - 00282479 5/6/2009 VERIZON 1.476.11
AP - 00282479 5/6/2009 VERIZON 34.03
AP - 00282479 5/6/2009 VERIZON 38.60
AP - 00282479 5/6/2009 VERIZON 36.16
AP - 00282479 5/6/2009 VERIZON 36.16
AP - 00282479 5/6/2009 VERIZON 36.16
User: VLOPEZ -Veronica Lopez .Page: 14 Current Date: 05/13/200
Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 16:38:5
CITY OF RANCHO CUCAMONGA
Agenda Check ReEister
4/30/2009 through 5/12/2009
Check No. ~ Check Date Vendor Name Amoun[
AP - 00282479 5/6/2009 VERIZON 401.46
AP - 00282479 5/6/2009 VERIZON 87.93
AP - 00282479 5/6/2009 VERIZON 135.58
AP - 00282479 5/6/2009 VERIZON 39.97
AP - 00282479 5/6/2009 VERIZON 177.81
AP - 00282479 5/6/2009 VERIZON 109.51
AP - 00282479 5/6/2009. VERIZON 87.93
AP - 00282479 5/6/2009 VERIZON 218.89
AP - 00282479 5/6/2009 VERIZON 91.00
AP - 00282479 5/6/2009 VERIZON 18.65
AP - 00282479 5/6/2009 VERIZON 36.16
AP - 00282479 5/6/2009 VERIZON 244.02
AP - 00282479 5/6/2009 VERIZON 34.03
AP - 00282479 5/6/2009 VERIZON 36.16
AP - 00282479 5/6/2009 V ERIZON 87.93
AP - 00282479 5/6/2009 VERIZON 8793
AP - 00282479 5/6/2009 VERIZON 87.93
AP - 00282479 5/6/2009 VERIZON 87.93
AP - 00282479 5/6/2009 VERIZON 87.93
AP - 00282479 5/6/2009 VERIZON 253.05
AP - 00282479 5/6/2009 VERIZON 36.16
AP - 00282479 5/6/2009 VERIZON 35.04
AP - 00282479 5/6/2009 VERIZON 127.79
AP - 00282479 5/6/2009 VERIZON 361.82
AP - 00282479 5/6/2009 VERIZON 206.21
AP - 00282479 5/6/2009 VERIZON 75.71
AP - 00282479 5/6/2009 VERIZON 35.04
AP - 00282479 5/6/2009 VERIZON 87.93
AP - 00282479 5/6/2009 VERIZON 73.19
AP - 00282479 5/6/2009 VERIZON 87.93
AP - 00282479 5/6/2009 VERIZON 36.16
AP - 00282479 5/6/2009 VERIZON 8793
AP - 00282479 5/6/2009 VERIZON 580.10
AP - 00282479 5/6/2009 VERIZON 87.93
AP - 00282479 5/6/2009 VERIZON 87.93
AP - 00282479 5/6/2009 VERIZON 8793
AP - 00282479 5/6/2009 VERIZON 18.14
AP - 00282479 5/6/2009 VERIZON 87.93
AP - 00282479 5/6/2009 VERIZON 36.16
AP - 00282479 5/6/2009 VERIZON 87.93
AP - 00282479 5/6/2009 VERIZON 87.93
AP - 00282479 5/6/2009 VERIZON 36.19
AP - 00282479 5/6/2009 VERIZON 38.10
AP - 00282479 5/6/2009 VERIZON 87.93
AP - 00282479 5/6/2009 VERIZON 87.93
AP - 00282479 5/6/2009 VERIZON 87.93
AP - 00282479 5/6/2009 VERIZON 3504
AP - 00282479 5/6/2009 VERIZON 105.12
AP - 00282479 5/6/2009 VERIZON 87.93
AP - 00282479 5/6/2009 VERIZON 20728
AP - 00282480 5/6/2009 VESTAL, SHARON 65.00
AP - 00282481 5/6/2009 VORTEX INDUSTRIES INC 897.54
AP - 00282482 5/6/2009 VULCAN MATERIALS COMPANY 65.84
AP - 00282483 5/6/2009 WALTERS WHOLESALE ELECTRIC CO 413.09
P97
User: VLOPEZ -Veronica Lopez Page: 15 Current Date: 05/13/200
Report:CK_AGENDA_REG_PORTRAIT_RC - CK Agenda Check Register Portrait Layout Time: 16:38:5
CITY OF RANCHO CUCAMONGA P98
Agenda Check Register
4/30/2009 through 5/12/2009
Check No. Check Date Vendor Name Amount
AP - 00282483 5/6/2009 WALTERS WHOLESALE ELECTRIC CO 339.53
AP - 00282483 5/6/2009 WALTERS WHOLESALE ELECTRIC CO 30.27
AP - 00282483 5/6/2009 WALTERS WHOLESALE ELECTRIC CO 98.84
AP - 00282483 5/6/2009 WALTERS WHOLESALE ELECTRIC CO 56.84
AP - 00282484 5/6/2009 WAXIE SANITARY SUPPLY 420.47
AP - 00282484 5/6/2009 WAXIE SANITARY SUPPLY 19.73
AP - 00282484 5/6/2009 WAXIE SANITARY SUPPLY 187.54
AP - 00282484 5/6/2009 WAXIE SANITARY SUPPLY 143.77
AP - 00282484 5/6/2009 WAXIE SANITARY SUPPLY 82.18
AP - 00282484 5/6/2009 WAXIE SANITARY SUPPLY 802.15
AP - 00282484 5/6/2009 WAXIE SANITARY SUPPLY 387.44
AP - 00282485 5/6/2009 WEST END MATERIAL SUPPLY 12.93
AP - 00282485 5/6/2009 WEST END MATERIAL SUPPLY 240.53
AP - 00282486 5/6/2009 WEST SANITATION SERVICES INC 370.10
AP - 00282487 5/6/2009 WESTERN HIGHWAY PRODUCTS INC S 15.65
AP - 00282488 5/6/2009 W ILKINS, RICHARD ~ 66.00
AP - 00282489 5/6/2009 WILSON AND BELL SS.08
AP - 00282489 5/6/2009 WILSON AND BELL 581.30
AP - 00282489 5/6/2009 WILSON AND BELL 375.14
AP - 00282489 5/6/2009 WILSON AND BELL 102.56
AP-00282490 5/6/2009 WITTKOPF,WILLIAM ~ 660.80
AP - 00282491 5/6/2009 WRIGHT, KAREN 38.00
AP - 00282492 5/6/2009 WSA US GUARDS CO INC 5,090.20
AP - 00282492 5/6/2009 WSA US GUARDS CO INC 6,418.48
AP - 00282492 5/6/2009 WSA US GUARDS CO INC 7,479.64
AP - 00282492 5/6/2009 WSA US GUARDS CO INC 1,973.30
AP - 00282492 5/6/2009 WSA US GUARDS CO INC 5,233.27
AP - 00282492 5/6/2009 WSA US GUARDS CO INC 4,677.32
AP - 00282492 5/6/2009 WSA US GUARDS CO INC 5,859.48
AP - 00282492 5/6/2009 WSA US GUARDS CO INC 7,700.05
AP - 00282492 5/6/2009 WSA US GUARDS CO INC 1,839.84
AP - 00282492 5/6/2009 WSA US GUARDS CO INC 4,804.52
AP - 00282492 5/6/2009 WSA US GUARDS CO INC 5,166.66
AP - 00282492 5/6/2009 WSA US GUARDS CO INC 6,463.22
AP - 00282492 5/6/2009 WSA US GUARDS CO INC 7,854.78
AP - 00282492 5/6/2009 WSA US GUARDS CO INC 2,132.18
AP - 00282492 5/6/2009 WSA US GUARDS CO INC 5,306.58
AP - 00282496 5/6/2009 ZAILO, ROBERT 436.80
AP - 00282497 5/6/2009 ZEE MEDICAL INC 325.31
AP - 00282499 5/6/2009 AGUILERA, ISAIAH 180.00
AP - 00282500 5/6/2009 GRANT III, VINCENT 216.00
AP - 00282501 5/6/2009 INTERNATIONAL FOOTPRINT ASSOCIATION 180.00
Total for Check ID AP: 726,666.27
Total for Entity: 726,666.27
User: VLOPEZ -Veronica Lopez Page: 16 Current Date: 05/13/200
Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 16:38:5
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a
STAFF REPORT
ENGINEERING SERI~ICES DEPARTMENT
Date: May 20, 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: Romeo M. David, Associate Engineer~,~Q
P109
~a
RANCHO
C,,UCAMONGA
Subject: APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS"
FOR THE FY 2009/2010 LOCAL STREET PAVEMENT REHABILITATION (SLURRY
SEAL) AND PARKING LOT RESURFACING (SEAL COAT) AT VARIOUS LOCATIONS TO
BE FUNDED FROM PROP 42 TRAFFIC RELIEF FUND, ACCOUNT NO.
1 1 9030 3 5650/1 0221 90-0 FOR CONSTRUCTION OF SAID PROJECT
RECOMMENDATION
It is recommended that the City Council approve specifications for the construction of the FY
2009/2010 Local Street Pavement Rehabilitation (Slurry Seal) and Parking Lot Resurfacing (Seal
Coat) at Various Locations and approve the attached resolution authorizing the City Clerk to
advertise the "Notice Inviting Bids" to be funded from Prop. 42 Traffic Relief Fund, Account No.
11903035650/1022190-0 for construction of said project.
BACKGROUND/ANALYSIS
The scope of work for the FY 2009/10 Local Street Pavement Rehabilitation (Slurry Seal) and
Parking Lot Resurfacing (Seal Coat) at Various Locations consists of, but not limited to weed killing
and removal, crack sealing, slurry sealing and striping: The project will be funded from Prop. 42
Traffic Relief Fund, Account No. 11903035650/1022190-0. Staff has determined that the project is
categorically exempt per Article 19, Section 15301 (c) of the CEQA guidelines.
The Engineer's estimate is $387,000. Legal advertising is scheduled for May 26 and June 2, 2009
with bid opening at 2:00 p.m. on Tuesday June 9, 2009, unless extended by addendum.
Respectfully submitted,
_---
ar euer
Director of Engineering Services/City Engineer
MAS/RM D:I s
Attachment
O
ii1LMR1 AVE. • •. u IQGItA1ID A
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STRBICTS FOR SLURRY ~ ~a s,REET n P5-CXURCR PARK
~~ ~F. ~ P6=RALPH LKAIS PARK
~ PARES FOR SEAL C`QAT RIENOKA ONTAR!0 ~'-0LD ~°'~'` PA's`
~GAtRTI iARK I-10 iR£EVAY ~~~
1
CITY OF RANCHO CUCAMONGA
~'~^~-j'~ 2009-2010 PAVEMENT REHABILITATION-(SLURRY SEAL) AND
'~ PARHING LOT RESURFACING (SEAL COAT)
n
P111
RESOLUTION.NO. D9-OSS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE FY 2009/2010 LOCAL STREET
PAVEMENT REHABILITATION (SLURRY SEAL) AND PARKING
LOT RESURFACING (SEAL COAT) AT VARIOUS LOCATIONS, 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 for the 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
2009/2010 LOCAL STREET PAVEMENT REHABILITATION (SLURRY SEAL) AND PARKING LOT
PESURFACING (SEAL COAT) 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
fallowing words and fgures, 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, June 9, 2009, sealed bids or proposals
for the "FY 2009/2010 LOCAL STREET PAVEMENT REHABILITATION (SLURRY SEAL) AND
PARKING LOT RESURFACING (SEAL COAT) 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 2009/2010 LOCAL STREET PAVEMENT REHABILITATION
(SLURRY SEAL) AND PARKING LOT RESURFACING (SEAL COAT) 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 ofthe City Clerk of
the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are
P112
RESOLUTION NO.
May 20, 2009
Page 2
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 hirn, 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 Contractoror subcontractor employing tradesmen in any
apprenticable occupation td apply to the joint apprenticeship committee nearest the site of the
public work's project and which administers the apprenticeship program in that trade for a certificate
of approval. The certificate will also fix the ratio of apprentices tojourneymen thatwill 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 thejoint apprenticeship committee
has exceeded an average of 15 percent in the 90 days prior to the request of
certificate, or
B. When the number of apprentices in training in the area exceeds a ratio of one to five,
or
C. When the trade can show that it is replacing at least 1/30 of its membership through
apprenticeship training on an annual basis statewide or locally, or
D. When the Contractor provides evidence that he employs registered apprentices on
all of his contracts on an annual average of not less than one apprentice to eight
journeymen.
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 Administratorof Apprenticeship, San
Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
Eight (8) hours of labor shall cdnstitute a legal day's work for all workmen employed in the execution
P113
RESOLUTION NO.
May 20, 2009
Page 3
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 paytraveland 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 borid 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 Class "C-12"
License in accordance with the, provisions of the Contractor's License Law (California Business and
Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto.
The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall
indicate his or her State License Number on the bid, togetherwith the expiration date, and be signed
by the Contractor declaring, under penalty of perjury, that the information being provided is true and
correct.
The work is to be done in accordance with the profiles, plans, and specifications of the City of
Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho
P114
RESOLUTION NO.
May 20, 2009
Page 4
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 specifications will not be processed, given out or mailed until
payment is received, which shall include the cost of the plahs 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.
Questions regarding this Notice Inviting Bids for "FY 2009/2010 LOCAL STREET PAVEMENT
REHABILITATION (SLURRY SEAL) AND PARKING LOT RESURFACING (SEAL COAT) AT
VARIOUS LOCATIONS" may be directed to:
ROMEO M. DAVID, ASSOCIATE ENGINEER
CITY OF RANCHO CUCAMONGA
10500 Civic Center Drive, Rancho Cucamonga, CA 91730
(909) 477-2740, ext. 4070
By order of the Council of the City of Rancho Cucamonga, California.
Dated this 20th day of May, 2009
P115
RESOLUTION NO:
May 20, 2009
Page 5
Publish Dates: May 26, and June 2, 2009
PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this
20th day of May, 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 20~'
day of May, 2009.
Executed this 20`" day of May, 2009, at Rancho Cucamonga, California.
Janice C. Reynolds, City Clerk
ADVERTISE ON: May 26 and June 2, 2009
STAFF REPORT ~ _ P11 s
Public Works Services Department
RANCHO
Date: May 20, 2009 CUCAMONGA
To: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
From: Jim Howell, Interim Public Works Services Director
By: Emest Ruiz, StreeUStorm Drain Maintenance Superintendent
Greg Gunski, Fleet Supervisor
Keri Hinojos, Senior Buyer
Subject: AUTHORIZATION FOR THE PURCHASE OF FIVE (5) FORD VEHICLES FROM REDLANDS
FORD OF REDLANDS, CALIFORNIA AS PER REQUEST FOR BID ("RFB") #08/09-014
AND AUTHORIZE THE EXPENDITURE OF $129,308.72 TO BE FUNDED FROM ACCOUNT
NUMBER 1712001-5604 (EQUIPMENT AND VEHICLE REPLACEMENT FUND).
RECOMMENDATION
It is recommended that the City Council authorize the purchase of five (5) Ford vehicles from Redlands
Ford of Redlands, Califomia as per RFB #08/09-014 and authorize the expenditure of $129,308.72 to be
funded from account number 1712001-5604 (Equipment and Vehicle Replacement Fund).
BACKGROUND ANALYSIS
City Council approved the purchase of five (5) replacement vehicles in the adopted FY 2008/09 budget and
the purchase will have no impact on the General Fund. Fleet Maintenance provided specifications to the
Purchasing Department for the vehicles. Purchasing prepared and sent RFB #08109-014 to twenty-seven
dealerships; twenty-one dealerships downloaded the RFB from the City's website, five (5) responses were
received of which four (4) were deemed viable responses.
After analysis of the bid responses by the Fleet Supervisor, the StreeUStorrn Drain Maintenance
Superintendant, and Purchasing Staff, it has been determined to be in the City's best interest that an award
be authorized to Redlands Ford of Redlands, Califomia, the lowest, most responsive, responsible bidder
that meets the specifications required by the Public Works Services Department for the purchase of the
following five (5) Ford vehicles: ,
• One (1) Ford'/. Ton Extended Cab SRW Utility Body Truck - $24,664.84
(Budget line item description: F-150 Crew Cab w/Radio)
• One (1,) Ford %: Ton Crew Cab Truck - $23,949.27
(Budget line item description: F-150 P/U Ext. Cab w/Radio)
• One (1) Ford'/. Ton HD Extended Cab Dumping Stake Bed Truck- $27,118.24
(Budget line item description: Rplc #2520 w/F-250 Ex Cab Flat Bed)
• One (1) Ford one (1) Ton Crew Cab DRW Dumping Stake Bed Truck - $29,945.74
(Budget line item description: Rplc #1515 w/F-350 Crew-Stk Bd)
• One (1) Ford one (1) Ton Standard Cab SRW Utility Body Truck - $23,630.63
(Budget line item description: F-350 Crew Cab Stk Bed w/Radio)
Res a `mitte
~m Howell
Interim Public Works Services Director
P117
PAGES 117 - 124
INTENTIONALLY
LEFT BLANK
STAFF REPORT
Public Works Services Department
Date: May 20, 2009
To: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
From: Dave Blevins, Contract Public Works Services Director
P125
RANCHO
CUCAMONGA
By: Emest Ruiz, Streets, Storm Drains and Fleet Superintendent
Keri Hinojos, Senior Buyer
Subject: AUTHORIZATION FOR THE PURCHASE OF ONE (1) FORD E-350 SIGNAL
MAINTENANCE CARGO VAN FROM DOWNTOWN FORD OF SACRAMENTO AS
PER REQUEST FOR BID ("RFB") #08/09-010, CALIFORNIA AND AUTHORIZE THE
EXPENDITURE OF $67,909.95 TO BE FUNDED FROM ACCOUNT NUMBER
1712001-5604 (VEHICLE AND EQUIPMENT REPLACEMENT FUND) AS
APPROVED IN THE FY 2008-2009 BUDGET.
RECOMMENDATION
It is recommended that the City Council authorize the purchase of one (1) Font E-350 Signal
Maintenance Cargo Van from Downtown Ford of Sacramento as per RFB #08/09-010, Calrfomia and
authorize the expenditure of $67,909.95 to be funded from account number 1712001-5604 (Vehicle
and Equipment Replacement Fund) as approved in the FY 2008-2009 budget.
BACKGROUND ANALYSIS
City Council approved the purchase of one (1) Ford E-350 Signal Maintenance Cargo Van in the
adopted FY 2008/2009 budget and the purchase will have no impact on the General Fund. The Fleet
Maintenance Division provided specifications to the Purchasing Department for the vehicle.
Purchasing prepared and sent RFB #08/09-010 to thirty (30) dealers; seven (7) vendors downloaded
the RFB from the City's website. Four viable responses were received.
After analysis of the bid responses by the Fleet Maintenance Supervisor, Superintendent and
Purchasing Staff, it has been determined to be in the City's best interest that an award be authorized
to Downtown Ford of Sacramento, the lowest, most responsive, responsible bidder that meets the
specifications required by the Public Works Services Department, Fleet Division for the Signal
Maintenance Cargo Van. (Please see attached bid summary).
Respectfully Submitted,
Dave Blevins
Contract Public Works Services Director
DB:ER:sm
P126
Bid Results for RFB #08/09-010 Ford E-350 Signal Maintenance Cargo Van:
Name ~Rz`~.~,.r~fv r~,~'~a~'.,~~"'R~~.~ ~~,~t1~„ ~"~``~4~ }'Phone"~a;~.~~ ~ ~~~"~a~*~Fax"~~~ ,o~ ~~~.
sunrise ford 909-822-4401 909-434-0499
116005 valley blvd; Fontana, CA, 92335
Item Item ~'~~~'~ Unit'`of~"
^ ~~'~"~s>t,~ Umt'~Pr~ce L'ineaTotal ~Bitl"~~;
*
" Item ~~"~~.~,~~~
.,~ .~--,, ,~
No Code ~' "° ~ Measure Quantity ~„~ ,
~ ~~ ~ ~ a ,~~ ~ ~~
~,
Res onse~:
~` ~
, ,
Ford E-350 Signal
Maintenance Ea 1 $0.00 $0.00 No
Cargo Van
Additi
ets of Ea 2 $0.00 $0.00 No
I Keys
3 Doc. Fees Ea 1 $0.00 $0.00 No
j 4 j Tire Fees Ea. 1 j $0.00 $0.00 No
5 Training Ea. 1 I $0.00 $0.00 No
6 Other/Additional Ea. 1 $0.00 $0.00 No
Charges
Unres ponsive Bid Bid Total: $0.00
Terex/Terex Utilities
8594 Cherry Ave., Fontana, CA, 92335 ~ 3238540600
i 909-565-1212
Unit~of
Item Item ~;~ ~~` ~ a ~i '' ~~ ``
Item~~ ~-~ ,~ ~~
~=~ -
` ~"~'~~ Unrt~Price'
~~
~~~~
Quantit
~
~ Line Total ` "~ Bii1~'
r~ +~.:. ~~
~
nce
e
~ k
Measure,
~No Code r,.~ ~ ,,:mss &
y
. ,~
~~. ,k.~($).., ~ ,,
R
s o
F~($) ~ - P - -
Ford E-350 Signal
1 Maintenance Ea 1 $0.00 $0.00 No
Cargo Van
2 Additional Sets of Ea 2 $0.00 $0.00 No
Keys
3 Doc. Fees Ea 1 $0.00 $0.00 No
4 Tire Fees Ea. 1 $0.00 $0.00 ~ No
~ 5 Training Ea. 1 $0.00 $0.00 No
6 Other/Additional Ea. 1 $0.00 $0.00 No
Charges
Unres ponsive Bid Bid Total: $0.00
Downtown Ford 707-208-4154 916-491-3138
525 N 16th St, Sacramento, CA, 95811
Item It."m1 ~~;~~~ ~Unrtof~
~~ ~ ~ ~*~ ~,~~ ~~,~Item ~.,~ ~
' f~~~ ~ ~
~ ~ UmtPrice
Quant~ty ,~~,"~.: ~~!
' ,-~ ~ t ~ ~ -~_,
Lme Total Bid
~ r. ~ ~ ~
~
~ Code . ~;~,~,~ ~, Measure
~No~ ~~~~, ~
(_$), ,($);,: Response;
,~
Ford E-350 Signal
1 Maintenance Ea 1 $61,873.00 $61,873.00 Yes
Cargo Van.
2 Additional Sets of Ea 2 $17.50 $35.00 Yes
Keys
~ 3 Doc. Fees Ea 1 $0.00 $0.00 Yes
4 Tire Fees Ea. 1 $8.75 $8.75 Yes
5 Training Ea. 1 $250.00 $250.00 Yes
Other/Additional Ea. 1 $300.00 $300.00 Yes
Charges
.Bid Total: $62,466.75
P127
Altec Industries, Inc.
210 Inverness Center Drive, 707-6 78-0800 707-678-1819
Birmingham, AL, 35242
Item Itemi ~,,. r~ ~,` ~; "~
s *~
•~~ ~ ~ Item
N
I
~,Umt;of,
~a,~
~~„~~ ~ z-~~f=?~~
•~
Quant~ty
Umt-~Pr~ce
f r~ ~, ~ '' I
~L'me Total
•, f ~ =' ~ '
ti ~B~d,',~~~,5'1
~~~~ ~y
i
,
~ °~ ~~,
~iVo~'~ Code .
,
Measure
~
~($);'4 g .
;~($~~ ,
Response;,,
, _ , ~.. ,
Ford E-350 Signal
1 Maintenance Ea 1 $63,712.00 $63,712.00 Yes
Cargo Van
2 Additional Sets of Ea 2 $0.00 $0.00 Yes
Keys
3 Doc. Fees Ea 1 $0.00 $0.00 Yes
4 Tire Fees Ea. 1 $0.00 $0.00 Yes
5 Training Ea. 1 $0.00 $0.00 Yes
6 Other/Additional Ea. 1 $0.00 $0.00 Yes
Charges
Bid Total: $63,712.00
The Bid Totals noted in the above summary is not inclusivc of 8.75% sales tax.
P128
STAFF REPORT
PUBLIC WORKS SERVICES DEPARTMENT
Date: May 20, 2009
To: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
From: Dave Blevins, Contract Public Works Services Director
By: Emest Ruiz, Streets, Storm Drains and Fleet Superintendent
Keri Hinojos, Senior Buyer
Subject: AUTHORIZE THE PURCHASE OF SEVEN
CABINETS FROM ECONOLITE INC. OF AN
EXPENDITURE OF $239,581.51 TO BE FUND
1712001-5603 (VEHICLE AND EQUIPMENT
APPROPRIATE $39,581.51 FROM THE
REPLACEMENT FUND BALANCE.
RANCHO
CUCAMONGA
(7) TRAFFIC CONTROLLER
4HEIM AND AUTHORIZE THE
.D FROM ACCOUNT NUMBER
REPLACEMENT FUND) AND
VEHICLE AND EQUIPMENT
RECOMMENDATION
It is recommended that the City Council authorize the purchase of seven (7) Traffic Controller
Cabinets from Econolite Inc. of Anaheim and authorize the expenditure of $239,581.51 to be
funded from account number 1712001-5803 (Equipment and Vehicle Replacement Fund) and
appropriate $39,581.51 from the Equipment and Vehicle Replacement fund balance.
BACKGROUND/ANALYSIS
Due to increased traffic volume, the City has experienced a high number of traffic collisions that
have involved Traffic Signal Controller Cabinets. This has resulted in the destruction of seven
(7) Traffic Signal Controller Cabinets at various locations citywide. Currently, all of the affected
intersections are running on spares that allow for adequate operation. However, full coordination
for optimum traffic efficiency is not available with the spare cabinets. The City is also now out of
spare cabinets and some currently in use are on loan from our maintenance contractor.
The Public Works Services Department provided specifications to the Purchasing Department
for the Traffic Signal Controller Cabinets. The Purchasing Department prepared a formal
Request for Quote ("RFQ") and sent it directly to the manufacturer, Econolite Inc. which is a
single source for the City's Traffic Signal Controller Cabinets that are unique to the City's
system of nearly 200 signalized intersections with standardized equipment.
P129
Following submission of the RFQ the Purchasing Department continued to negotiate with the
vendor which resulted in a cost avoidance of $7,931.00. Therefore, it has been determined to
be in the City's best interest that an award be authorized to Econolite Inc.
Respectfully submitted,
Dave Blevins
Contract Public Works Services Director
P130
STAFF REPORT
PUBLIC WORKS SERVICES DEPARTMENT ~ I~Y~J-~~
6 RANCHO
C,UCAMONGA
Date: May 20, 2009
To: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
From: Dave Blevins, Contract Public Works Services Director
By: Emest Ruiz, Streets, Stonn Drains and Fleet Superintendent
Keri Hinojos, Senior Buyer
Subject: AUTHORIZE THE PURCHASE OF SEVEN (7) SETS OF SIX (Ei) 41 AMP AND 40
SETS OF SIX (6) 51 AMP TRAFFIC SIGNAL REPLACEMENT BATTERIES FROM
INTERSTATE BATTERY AS PER REQUEST FOR BID ("RFB") #08/09-012 AND
AUTHORIZE THE EXPENDITURE OF $79,711.42 TO BE FUNDED FROM ACCOUNT
NUMBER 1712001-5200 (VEHICLE AND EQUIPMENT REPLACEMENT FUND) AS
APPROVED IN THE FY 2008-2009 BUDGET.
RECOMMENDATION
It is recommended that the City Council authorize the purchase of seven (7) sets of six (6) 41 amp
and 40 sets of six (6) 51 amp Traffic Signal Replacement Batteries from Interstate Battery as per
RFB #08/09-012 and authorize the expenditure of $79,711.42 plus a to be funded from account
number 1712001-5200 (Equipment and Vehicle Replacement Fund) as approved in the FY 2008-
2009 budget.
BACKGROUND/ANALYSIS
City Council approved the purchase of replacement batteries for the Traffic Signal Battery Backup
System in the adopted FY 2008/2009 budget and the purchase will have no impact on the General
Fund. The Public Works Services Department provided specifications to the Purchasing
Department for the purchase of the Traffic Signal Replacement Batteries. The Purchasing
Department prepared and sent RFB #0/09-012 to five (5) vendors; four (4) vendors downloaded the
RFB from the City's website and one (1) viable response was received.
After analysis of the bid response by the Fleet Maintenance Supervisor, Superintendent and
Purchasing Staff, it has been determined to be in the City's best interest that an award be
authorized to Interstate Battery; the lowest, most responsive, responsible bidder that meets the
specifications required by the Public Works Services Department, Fleet Division for the purchase of
Traffic Signal Replacement Batteries. (Please see attached bid summary).
Respectfully submitt d,
Dave Blevins
Contract Public Works Services Director
P131
Bid Results for RFB #08/09-012 Traffic Signal Replacement Batteries:
Name ; ` r~~ ~.~_~" s rY _ .r ~.
i ~ _ ~~a~:~phone_~ +,~ ,
~ ,~, ' ° a ~'~ "Fax'~'~"'x':r~~-~ "ter
~4~ ~..
Interstate Battery Inland Empire gOg_gg2-1137 909-982-0465
PO' Box 9227, Alta Loma, CA, 91701
~`~
Item
~°
Item
~ Y
.:
'Item ,' ~~;~~"
Umt of "~~,:
uanti
ty Unrth
Pace 'emu=
Lme Total. ~' ~.,.~=, ~a
Bid , ;
~N
o c C
ode -^- vu
"~J11 Measure
r
~~c
.
~ ~($)
~
~ Respbnse~p
7
w
~
w
~'s.e~:. ~`~ .~,.
. ..~.. ~~ ~l~''~~ ..
`~'i '• _~~) d~ ::
!
":' `mac ,~
~~.?~t,v.~,CY
Seven (7) Sets of
Six (6), Clary, 41
amp hour deep
1 cycle 12 volt EA 42 $204.73 $8,598.66 Yes
battery for traffic
signal battery back
up system (UPS).
40 Sets of Six (6),
Clary, 51 amp hour
2 deep cycle 12 volt EA 240 $269.58 $64,699.20 Yes
battery for traffic
signal battery back i
up system (UPS).
Bid Total: $73,297.86
The Bid Total amount noted in the above summary is not inclusive of 8.75% sales tax.
STAFF REPORT -
ADMINISTRATIVE SERVICES DEPARTDIENT
Date: May 20, 2009 RANCHO
C,,UCAMONGA
To: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
From: John Gillison, Deputy City Manager/Administrative Services
RECOMMENDATION
It is recommended that the City Council approve the award of a contract to purchase one (1) lot
of Hewlett Packard Printers, plotters, miscellaneous equipment, and maintenance from Diltex,
Inc., the lowest, most responsive, responsible bidder, in the total amount of $134,094 per RFB
#08/09-008 and authorize the expenditure of a 10% contingency in the amount of $13,409 for a
grand total of $147,503 to be funded as follows: $10,216 from 1714001-5200 (Computer
Equipment /Technical Replacement Fund -Operations & Maintenance), $102,252 from
1714001-5215 (O&M/Computer Equipment), $22,713 from 1714001-5300 (Contract Services),
and $12,322 from 1714001-5605 (Capital Outlay -Computer Equipment).
BACKGROUND
The Information Services Division (ISD) oversees the management of printer services for the
City. As part of the City's equipment lifecycle program, ISD is proposing the replacement of.
aged printers using funds that have been allocated for the current fiscal year. The current
printers need to be replaced since they are past their useful life, out of warranty, and are prone
to higher failure rates and repair expenses.' The replacement of these printers will meet the
City's current and future technology needs for the next three to four years.
ISD provided specifications to Purchasing for review, who determined the most advantageous
method of procurement. A formal request for bid was prepared (RFB#08/09-008) and 39
vendors were notified, with eight (8) responses being received. After analysis of the bid
responses by ISD and Purchasing staff, it has been determined that Diltex, Inc. is the lowest,
most responsive, responsible bidder that meets our requirements. Bid results are on file in the
Purchasing office.
Res ectfull submitte 1 ~
John Gillison
Deputy City Manager/Administrative Services
P132
By: Manuel E. Pilonieta, Inform f~~~ ~'nrtc\ s Manager
Keri Hinojos, Senior Buyer /
STAFF REPORT
P133
COMMUNITY SERVICES DEPARTMENT
Date: May 20, 2009 RANCHO
CUCAMONGA
To: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
From: Kevin McArdle, Community Services Director
By: Paula Pachon, Management Analyst III
Subject: APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT
RECOMMENDATION
In accordance with the City Council's request to become more informed
projects and events, this report is provided to highlight pertinent issues,
occurring in the Community Services Department. This report is provided
informational purposes only.
Seniors:
of recreation programs,
projects and programs
to the City Council for
The following table highlights some senior activities that took place during April 2009 as well as
the total number of registrations for the year for Wellness Pass and, Senior Transportation.
Activity Date Number of
Partici ants
Pool Tournament Aril 3, 2009 16
Senior Bi Band Dance Aril 11, 2009 58
Earth Da A rif 23, 2009 150
Senior Birthda Aril 29, 2009 161
Wellness Pass - A es 60+ Total Re i:ctered 2009 - 885
Wellness Pass - A es 50-59 Total Re istered 2009 - 369
Silver Fox Ex ress Total Re is>tered 2009 - 63
.Upcoming Senior Activities are summarized below:
Activit Date Time
Pool Tournament First Friday
of each month 1:00 p.m.
Senior Big Band Dance Second Saturday
of each month 7:00 p.m.
Mothers Da Sur rise Ma 8, 2009 11:00 a.m.
Dinner and Auction Ma 17, 2009 4:00 .m.
Senior Birthda Ma 27, 2009 11:00 a.m.
It is anticipated that the Senior Advisory Committee will hold its next regular meeting on
Monday, May 18, 2009 at 9:00 a.m. at the James L. Brulte Senior Center.
Participation in the Senior Nutrition Program for the month of April 2009, is summarized in the
table on the following page:
P134
APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PncE 2
MnY 20, 2009
Week Date Partici ants
1 4/1 throw h 4/3/09 717
2 4/6 throw h 4/10/2009 1,156
3 4/13 throw h 4/17/2009 1,177
4 4/20 throw h 4/24/2009 1,189
5 4/27 throw h 4/30/2009 818
Total meals served for the month of April 2009: 5,057
Senior Services:
• The table below summarizes participation in Senior Services activities for the month of April
2009:
Pro ram Number of Partici ants
Blood Pressure Screenin 79
Resource Libra 333
Bereavement Su ort 12
Elder Law Private Counselin 25
HICAP 3
Dr. Cohen - "The Doctor is In" 12
Peo le with Arthritis Can Exercise 320
Sit and Be Fit 320
Special Needs Programs:
• The table below highlights some special needs activities that took place during April 2009.
Activity Start Date Number of
Participants
Ballet Aril 2, 2009 2
Star Performers -Intermediate Aril 1, 2009 19
G mnastics March 20, 2009 1
Martial Arts - Be innin March 30, 2009 4
Martial Arts -Intermediate March 30, 2009 4
Ta Aril 2, 2009 5
Movement and Tumblin Aril 2, 2009 1
Jazz and Hi Ho March 30, 2009 7
IncredABLE Athletes -Basketball Aril 9, 2009 4
Teen Scene Casa Colina artnershi Februa 23, 2009 14
Kids Crew Casa Colina Partnershi March 12, 2009 12
IncredABLES Frida Ni ht Fun Club Aril 17, 2009 17
• Upcomino Special Needs activities are summarized below:
Activit Date Time
S ecial Needs Prom Ma 15, 2009 5:30 m - 9:00 m
P135
APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 3
MAY 20, 2009
Tech Junction:
The table below summarizes participation in Tech Junction activities for the month of April 2009:
Senior Computer Classes Date Number of
Participants
Introduction to Surfin the Internet Aril 6,13,15 16
Word Worksho Aril 21, 23, 28 18
E-mail and E-cards Aril 7, 9, 14, 16 17
Mana in Multimedia Aril 20, 22, 27 20
Contract Computer Classes Duration (8-weeks
startin Number of
Partici ants
Intro to T in ,Word & PowerPoint March 31, 2009 5
Intro to Word and Excel March 31, 2009 14
Tech Junction Date
• Number of
Partici ants
Dro In=Use Aril 912
Senior Classes Aril 165
Total uses/users Aril 1,077
Upcoming free Senior Computer Class activities are summarized below:
Senior Com uter Classes Dates
Introduction to Surfin the Internet Ma 1, 8, 15
Excel Workshop May 19, 21, 24, 26
Intro to Windows and PCs May 4, 6, 11, 13
Intro to Word Processing May 18, 20, 25, 27
Intro to Power Point t May 5, 7, 12
Trips and Tours:
Trip Date Number of
Participants
Palm Springs Follies -John Davidson April 1, 2009 44
Kellogg Ranch -Arabian Horse Center April 15, 2009 15
Reno/Lake Tahoe Adventure April 26-29, 2009 26
Mackinac Island April 30-May 9, 2009 2
Upcoming Trips and Tours are summarized below:
Tri Date
Lau hlin -Riverside Hotel and Casino Ma 12 - 14, 2009
Utah -Color Country May 12 - 18, 2009
Dodgers vs. Mets May 18, 2009
Kodak Theater June 1, 2009
Mystery Trip June 16, 2009
P136
APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PncE 4
MAY 20, 2009
Human Services -Commodities
Date Number of Families.
Served Number of
Individuals Served
A ril Commodities - 4/6/09 432 753
Facilities:
• The table below illustrates the number of rentals/bookings ahd attendance figures for our
community facilities during the month of April 2009:
Facility Rentals # Rentals/
Bookin s Rental
Attendance Building
Attendance
James L. Brulte Senior Center 69/194 8,925 22,227
Gold S. Lewis Communit Center 93/185 13,340 12,547
Youth:
• The table below summaries Youth Program Attendance for the month of April.
Program Classes/Sites Registrants/Attendance
Pla school 56/5 674/5782
Lewis Partnership Kids Club @ Del
Mar, & Terra Vista Apartments 2 548
• Playschool 2009-2010 Priority Registration was held at Central Park on Saturday, April 4`h
Open registration began Monday, April 6~'.
• Mobile Recreation's "Fun on the Run"attendance for April was: 243
- April 28, 2009, was "Fun on the Run's" 8`" birthday bash with a total of 62 youngsters
participating in our fun activities.
- Listed below is the spring schedule for "Fun on the Run".
Da of the Week Park Location Time Frame
Monda Bear Gulch 2:30 - 5:00 .m.
Tuesda Hermosa 2:30 - 5:00 .m.
Wednesda Old Town 2:30 - 5:00 .m.
Thursda Da Creek 2:30 - 5:00 .m.
Frida Mountain View 2:30 - 5:00 .m.
Teens:
• The table below summarizes Teen Program Attendance for the month of April.
Pro ram/Activit Attendance /Partici ation
Teen Center 723 Partici ants
Teen Dance/ S ecial Events 100 Partici ants
TRAC/Leadershi Meetin s, Snack Bars 54 Partici ants
S ecial Pro'ects 29 artici ants
TRAC- Bab sittin 47 Partici ants, 12 Volunteers
Worksho s, Seminars 60 Partici ants
P137
APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 5
MnY 20, 2009
Recreation Contract Classes:
Registration for spring contract classes started on March 9, 2008. Classes started on March 28,
2009.
Number of Spring Classes Number of Sites Number of Registrants
299 23 2,313
Facilities:
The table below illustrates the number of rentals/bookings and attendance figures for our
community facilities during the month of April.
Facility Rentals # Rentals/Bookings Rental
Attendance Building
Attendance
Lions Center East 23/79 424 3,980
Lions Center West 30/92 1,492 3,453
Human Services - RC Family Resource Center:
The table below summarizes Center Programs/Workshoos Attendance for the month of April
2009.
Program/Workshop Attendance/
Partici ation
Salvation Arm Food Pant 40
De artment of Children Services 17
Health Care Benefits for All 8
Communit Care Hos ice 17
Summer Cam 4
Children Crisis Res onse Team 97
O tion House 8
House of Ruth Domestic Violence Class 73
Reach Out West End Health Teens 100
Reach Out West End - Famil Dinner 30
Famil Ni ht 146
Chaffe Adult School ESL 12
Alcohol Anon mous 61
Health Families 9
Youth Accountabilit Board '29
Hi Ho Class 75
Communi Senior Service 25
San Gabriel Colle e 1
Partner Staff Meetin 5
Inland Valle Justice Center 12
Famil Wellness Fair Meetin 19
Women on the Move 14
Martial Arts Class 57
Communit Closet Giveawa 166
Staff Meeting 13
P138
APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT. PAGE 6
MnY 20, 2009
ProgramNVorkshop Attendance/
Partici ation
Famil Worksho 6
Famil 2 Famil 17
AI -Anon 4
Census Meetin 30
Leadin Ladies 3
SBCSS Just Warriors 15
Famil Dinner R.O.W.E. 30
Creatin Safet Comm. Senior Service 25
Car Seat Safet 24
Identit Theft Shreddin 15
Bunco Ni ht RCFRC 46
TOTAL 1,253
• The table below summarizes the Clients Served by Agencies Housed at the Resources
Center during the month of April.
A encies in Cubicles Clients Served.
Touch Ministries 12
Beaut for Ashes 26
House of Ruth 73
Communit Crisis Res onse Team 97
Ea le's Wins 19
Para Los Nino's 21
Inland Valle Justice Center 12
TOTAL 260
Volunteers:
The table on the following page summarizes the Community Services Department's volunteer
usage for the month of March 2009,
Division March 2008
# of
# of Vols. Hours $ Value* March 2009
# of
# of Vols. Hours $ Value**
Administration 5 15 $296 5 15 $330
Senior Services 140 1,637 $32,314 140 1,860 $40,864
Human Services 36 119 $2,349 26 166 $3,647
S orts 133 515 $10,166 149 810 $17,796
S ecial Events - - $0 - - $0
Performin Arts 94 943 $18,615 82 677 $14,874
Teens 56 527 $10,403 25 179 $3,933
Youth Pro rams - - $0 11 44 $967
Totals 464 3,756 $74,143 438 3,751 $82,409
'Basetl on b19.l4Arour- Stafe evezge as determined fhe Caldwnia Indepentlent Secor.
"Based on 521.9 ]?roar- Sfate average as deferminetl the CaliPornia Indepentlent Sector.
P139
APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 7
MAY 20, 2009
Youth Sports:
The table below summarizes Youth Sports Activities for the April reporting period:
Activit #Partici ants A e/Gender # Teams
Northtown Teen Vol. Club
NTVC Meetin 12 6 - 12 grade N/A
Northtown Hip-Hop 16 7-14 boys and
iris N/A
Northtown Youth Soccer 25 7-14 boys and
irls 2
Northtown Pee-Wee Soccer 22 3-5 bo s and iris 3
Northtown Hip-Hop Aerobics 14 16 -Adults boys
and iris N/A
Youth Track and Field/Meet. 80 6-14 boys and
irls N/A
Pee Wee S rin Soccer 557 3-5/bo s & iris 52
Youth Volle ball 290 7-16/ ilrs 28
CMS Judo 41 7-12 girls & boys N/A
RC Family Sports Center:
• The table below provides drop-in/open play and rental participation at the Center for the
reporting period:
Activit #Partici ants
Adult Basketball 584
Youth Basketball 531
Adult Rac uetball 680
Youth Rac uetball 69
Adult Volle ball 22
Adult Walle ball 6
Youth Volle ball 97'
Youth Walle ball 192
Jazzercise 1105
Rentals 225
Youth Judo 55
Team Volle ball Practice 70
Adult Sports:
The table below summarizes adult sport activities for the reporting period:
Activit #Partici ants # Team Gender
Softball 2,394 171. Males & Females
Adult Basketball 248 33 Males
Racquetball
Soccer 20
271 N/A
26 Males & Females
Males & Females
There were four (4) Adult Softball Tournaments during the month of April at the Epicenter.
P140
APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT. PAGE 8
MAY 20, 2009
Special Events:
A Cinco de Mayo celebration was held at Old Town Park on Saturday, May 2, 2009, in
conjunction with Northtown Housing Development Corporation. Approximately 500 community
members enjoyed the day in park enjoying Mariachis, DJ music, Ballet Folkloric dancers,
activities for youngsters and the 4`h annual salsa making contest.
Spring Movies in Town Square at Victoria Gardens run from May 19"' through June 16`x. All
movies begin at dusk. The table below provides a schedule for the movies being shown.
Date Movie
Ma 19 Wall-E
Ma 26 Hi h School Musical 3
June 2" I or
June 9 Hotel for Do s
June 16 The Lon shots
• Special Events staff is also working on upcoming summer events including, the 4'h of July
Fireworks Spectator at the Epicenter, summertime Movies in the Park, Concerts in the Park
Cultural and Performing Arts:
• The table below summarizes Theatre Arts Academy classes during the reporting period:
Activit Participants/Attendance
Teen Actors Bootcam 78
Sin in for a Lifetime 74
Youth Theater Worksho 120
Show Sto ers 154
Intro. Video Production 20
TOTAL 446
• Community Theatre rehearsals included the following during the reporting period.
Activit Partici ants/Attendance
Steel Magnolias 60
• Court Yard Programs Included the following during the reporting period.
Activity Participants/Attendance
Ferdinand Flamenco Ole' 800
Rental Activities:
• The table below-and on the following page summarizes rental activities in Celebration Hall at the
Cultural Center for the reporting period:
Celebration Hall Rental Events
Date Event Attendance
4/8/09 HSBC A ent Summit 29CI
4/8/09 CCWD Awards Ceremon 150
P141
APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 9.
Mnv 20, 2009
Celebration Hall Rental Events
Date Event Attendance
4/14/09 Fair Housin Celebration 80
4/20/09 Student Assisted Trainin 25
4/21/09 Student Assisted Trainin 25
4/21/09 Cit Council Quarter) Meetin 40
4/22/09 Student Assisted Trainin 25
4/23/09 Student Assisted Trainin 25
4/24/09 Student Assisted Trainin 25
4/30/09 Gardens 4 Gift Awards Ceremon 70
4/30/09 Real Estate Seminar 200
TOTAL ;;::;,} ~ ~ 955 , Y:.
Lewis Family Playhouse:
During the reporting period, the Lewis Family Playhouse was host to a wide variety of
productions; community programs and private rentals. The table below summarizes this
information for the reporting period:
'The table below reflects number of tickets sold for various performances during the reporting period. It does not reflect
actual patrons in attendance.
.K,_ ~ ~~
Lewis Famif `Pla house Professional) :Presented.RroiucUons'~°
NUMBER
SHOW DATE Tickets Sold' OF EVENTS
Altar Bo z 4/4/09 365 1
4/17, 4/18, 4/21, 4/22, 4/23, 4/25, 4/26, 4/28,
Ferdinand the Bull 4/29,4/30 7441 18
Public Lobby:
The Lobby to the Victoria Gardens Cultural Center is open to the public seven days a week.
During the reporting period, local residents visited the public areas. Public Lobby Total Visitors
for April 2009: 845
Parks:
The table below provides usage information for park picnic shelters and special use facilities for
the month of April 2009:
Park/Shelter Attendance # Rentals
Red Hill 2,106 38
Herita a 703 12
Milliken 430 16
Hermosa 277 11
Da Creek 359 13
Co ote Can on 182 7
Am hitheatre 375 2
TOTAL 4,432 99
Equestrian Participants`:180
S ectators:6
'Includes drop-in users.
P142
APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 10
Mav 20. 2009
Park monitors keep daily reports of activities in our parks, often helping out residents in need of
assistance.
Equestrian Center:
Staff continues to meet quarterly, with users of the Equestrian Center (Alta Loma Riding Club,
Rancho Rebels 4-H, Rising Stars of Equestrian Therapy and Rancho Cucamonga Citizen Mounted
Patrol) to address maintenance needs and programming.
Epicenter Rentals/Activities:
The following rental events took place at the Epicenter during the month of April 2009:
Date Or anization Event Location
April 11 Rancho Specialty Hospital Walk From Obesity Parking Lots A & B and
surroundin Cit streets
April 25 Multiple Sclerosis Society Walk MS -for the Parking Lots G and adjacent
Prevention of Multiple City streets
Sclerosis
Staff is working with a number of organizations for 2009 rental events at the Epicenter. The
table below outlines those potential activities:
Date Or anization Event Location
May 7-8 Imperial Woodpecker Filming -Northwestern Mutual Epicenter Stadium
Insurance Com an commercial
May 9 RC Quakes Battle of the Base Line League Epicenter Stadium
local area hi h schools
Ma 9 AQMD Lawn Mower Exchan a Event S ecial Event Lot
May 21~ Community Services Playschool Graduation Epicenter Stadium
De t.
May 21~ Maintenance Training & Trade Show Epicenter -Parking Lots A
Superintendent & B
Association
Ma 30 RC Quakes Scout Slee Over E icenter Softball Field
May 30 Animal Care Center Ruff Ride (fundraiser) Epicenter Parking Lot E &
soccer fields
June 4 Inland Valley Daily Practice/High School All Stars Epicenter Stadium
June 8~' Bulletin Game
June 10 Rancho Cucamonga Graduation Ceremony Epicenter Stadium
Hi h School
July 4 Community Services 4 of July Celebration Epicenter Stadium
De t.
August Pacific Coast Championship Games Epicenter Stadium
23rd Baseball Lea ue
October RC Quakes Christian Rock Concert Epicenter Stadium
3rd
October Alzheimer's Memory Walk Parking Lots A & B and
17"' Association surroundin Cit streets
P143
APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT f'ncE 11
MAY 20, 2009
Park and Recreation Commission:
The Park and Recreation Commission next meeting will be held on Thursday, May 21, 2009.
Items agenized to be discussed/acted upon at this meeting include:
- Update on plans to conduct a community meeting on June 18, 2009 at Lions
Community Center.
- Request for approval of field allocation proposals for youth sports group fall/winter
2009/2010 season.
- Request for approval of a light variance requested for a Minors, Majors, Juniors and
Seniors Divisions All-Star Tournament hosted by District 71 Little League on June
27`" -July 23`~ at Heritage and Red Hill Community Parks.
- Discussion regarding protocol and procedures for Park and Recreation Commissions
attendance at Commission and subcommittee meetings.
- Quarterly Superintendents' update on CSD programming.
- .Senior Advisory Committee update.
- Sports Advisory Committee update.
- Update on Central Park Phase II.
Rancho Cucamonga Community Foundation:
Board Members are working on their fundraising event, The 2009 Gala for the Arts that is
scheduled for May 16~' at the Cultural Center.
The Membership/Nominating Committee has scheduled a luncheon with three (3) prospective
board members to discuss the role and responsibilities of serving on the RC Community
Foundation Board of Directors.
The next meeting of the Community Foundation Board of Directors will be their Annual Meeting
on June 10, 2009. The following items are agenized for discussion/action at this meeting.
- Review and discussion regarding the Season Announcement Event held on April 20~'
at Flemings in Victoria Gardens.
- Review and evaluation of the 2009 Gala for the Arts held on May 16"' at the Cultural
Center.
- Update on the 2009 Community Foundation Golf Tournament to be held November
16, 2009, at the Red Hill Country Club.
- Strategic Planning Session -planning for the year 2015.
- Dinner and Recognition of Patron of the Arts volunteers who assisted the Foundation
with the 2009 Gala of the Arts.
fitted,
unity Services Director
I:ICOMMSERVICouncil&BoardslCityCouncillSta!/Reports120091CSD. Update5.20.09.doc
P144
STAFF REPORT '\ ' ~' ~
ENGNEERING SERVICES DEPA RTD4ENT ~ 1
w
RANCHO
Date: May 20, 2009 C,UCAMONGA
To: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
From: Mark A. Steuer, Director of Engineering Services/City Engineer
By: Romeo M. David, Associate Engineer n:"
Subject: APPROVE AND AUTHORIZE AN INCREASE TO CONTRACT NO. 09-176/RA09-006 IN
THE AMOUNT OF $37,396.67 TO MEGA WAY ENTERPRISES, AND APPROVE
CONTRACT CHANGE ORDER N0.1 FOR INCREASING THE BLOCK WALL HEIGHT
FOR THE CONSTRUCTION OF FOOTHILL BOULEVARD AND ETIWANDA
SIDEWALKS AND BLOCK WALLS PROJECT, TO BE FUNDED FROM RDA FUNDS,
ACCOUNT NO. 26408015650/1670640-0 AND APPROPRIATE AN ADDITIONAL
AMOUNT OF $37,396.67 TO ACCOUNT NO. 26408015650/1670640-0 FROM RDA
.FUND BALANCE
RECOMMENDATION
It is recommended that the City Council approve and authorize an increase to contract No.09-
176/RA09-006 in the amount of $37,396.67 to Mega Way Enterprises, and authorize the City
Engineer to approve Contract Change Order No. 1 for increasing the block wall height for the
construction of Foothill Boulevard and Etiwanda Avenue sidewalks and block walls to be funded from
RDA Account No. 26408015650/1670640-0, and appropriate an additional amount of $37,396.67 to
Account Nd. 26408015650/1670640-0 from RDA Fund balance.
BACKGROUND/ANALYSIS
Residents living in this area have expressed an interest in having a separated pathway for their
children to walk on Etiwanda Avenue and Foothill Boulevard. Currently, there are no sidewalks on the
east side of Etiwanda Avenue from South of Chestnut to Foothill Boulevard and no sidewalks on the
south side of Foothill Boulevard from Etiwanda Avenue to east of Cornwall Avenue. The installation
of these sidewalks will enable children to walk along Foothill Boulevard and Etiwanda Avenue without
having to face the dangers associated with busy traffic. Proceeding with this project serves the public
purpose by helping to promote the safety of children in the City of Rancho Cucamonga. The
perimeter wall were added and budgeted by RDA to beautify and achieve uniformity of the
surrounding area.
This contract change order provides for additional courses of block to maintain the height of the
proposed 6-foot high block wall along the private property side. After demolition of the existing fence,
staff found that there is a grade difference between the private property and the existing parkway,
approximately 1 to 2 feet in elevation. Therefore, additional courses of block are needed to secure the
private properties ,and maintain the standard height of the wall. After adding this change order, the
cost is still under the budgeted amount.
Resp ully s mitte8,
rk A. Steuer ~Gr~
Director of Engineering Services/City Engineer
MAS/RMD:Is
VICINITY MAP
~u HILLSIDE
N
~ BANYAN
IL AVE
N
2
i iC~
P1
P
F~~~P~
PROJECT
LOCATION
66
m ^ 1050D C C D
x ~ RROW 0
c~a ...... ........ <....... ~ ........~a..~......... .. ,. ¢ BNSF RR
6TH ST
ONTARIO CITY LIMIT
CITY OF RANCHO CUCAMCINGA
FOOTHILL BLVD./ETI~PANDA AVE. IMPROVEMENTS
$/S OF R'1'11fANDA AVS -FROM FOOTHIId BLVD TO 550' S/0 CHSSNUT AV&
s/s of Foo1'eIIa, eVa -FROM R7'nrerme AVS ro zio' R/o cox-~reta. AVS.
24TH ST
'N
x.x.s.
P146
STAFF REPORT ~ ~
L-.NCiNeraei?JC Sr~atvu;is D~;:rntrrMrn r
RANCHO
Date: May 20, 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: Ping Kho, Assistant Engineer h
Shelley Hayes, Assistant Engineer ~ ~"
Subject: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION
OF THE CONTRACT IN THE AMOUNT OF $475,000.00 TO THE APPARENT LOW
BIDDER, ELITE BOBCAT SERVICE INC., AND AUTHORIZE THE EXPENDITURE OF
A 10% CONTINGENCY IN THE AMOUNT OF $47,500.00, FOR THE VICTORIA PARK
LANE PAVEMENT REHABILITATION FROM FAIRMONT WAY TO ROCHESTER
AVENUE AND FROM 300' E/O DAY CREEK BOULEVARD TO BASE LINE ROAD, T.O
BE FUNDED FROM PROPOSITION. 1B FUNDS, ACCOUNT NOS.
1 1 9430 3 56 50/1 686 1 94-02, 1 1 94303 56 50/1 6871 94-02 AND 1 1 9430356 50/1 6881 94-02
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 $475,000.00 to the apparent low bidder, Elite Bobcat
Service Inc., and authorize the expenditure of a 10% contingency in the amount of $47,500.00, for
the Victoria Park Lane pavement rehabilitation from Fairmont Way to Rochester Avenue and from
300' e/o Day Creek Boulevard to Base line Road, to be funded from Proposition. 1 B Funds,
Account No. 11943035650/1686194-02, 11943035650!1687194-02 and 1 1 9430356 50/1 6881 94-02.
BACKGROUNDIANALYSIS
Per previous Council action, bids were solicited, received and opened on April 28, 2009, for the
subject project. The Engineer's estimate for the base bid was $570,524.00. 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 construction of cold milling, asphalt a~ncrete paving, ARHM overlay,
adjustment of manholes, meters and valves to grade, installation of curb & gutter, undersidewalk
drain, striping and pavement markings and water meter. The contract documents call for twenty-
five (25) working days to complete this construction.
Respectfully submitted, ~<
,,
fz' v~-
Mark A. Steuer
Director of Engineering Services/City Engineer
MAS/PK/SH:Is
Attachments
_P147
~ 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
.-
m ~ a 9 ~ > a
Almond Rd :~~ •~ r ' _'_-^ ~~ I ~¢ I3 `t
Hillside Rd __ - _`C`,,I ~ ~ ,:"~; r ,I ~ .-
~'--~ 'Klson Av
Banyan St'= ^ - ~~~ _; -_ ;,, ._'- o: v f - Y
'.~ _ ' 4'~ :, ``~: "- _, ~~-_;:` _ _ j Route 3D
19th St - '-m _" ''~~: - -' 11_ igMandAv
.`
Base t.irre-R~ ~"" . " `
i ~ ^ ase L-me~2~ k
-0I. L,S it ~ ~~'
Foothill BI "' ' ~' ~~ ,-lF`~'
~ ,, .. _y _' , _ Ih t_ : ~ I ftio tali 61 '.
Stn st _~.- _ _ -
- ~ Bt#i St
~`~-c- -. ---~--~~.----~~-.~
~ ~__;:m_ ~ m~_ . 10 Free
'~ '!S ~ x (4 ; ~'
r, m _
= 5 2 = ~ { W
I '
BIU SUMMARY FOR BID OPENING APRIL 28, 2009 APPARENT LOwemnER 1 3
VICTORIA PARK LN PAVEMENT REHAB FROM P148
FAIRMONT N'AY TO ROCHESTER AVE AND ' ELITE BOBGT 6ERVICE, GENTRY HROTHF.RS, HARDY & HAKYEK
FROM 300' E/O DAY CREEK BLVD TO BASE LINE ERGDVEER
6 EBTIDIATB
1NO
Hvc ,
IRc
RD
NO OTV VNTT DEBCRIPITON COST AMOfINT C 6T ApEODNT C 6T AMOUNT COST AEtODNT
. i t LS Mobilization $15,000.00 $15.000.00 $4,000.00 1 $4,000.00 $25.000.00 1 $25,000.00 S9.SOO.OO 59.500.00
z B ~' Remove Tree 5300.00 sz.aao.oo asso.oo s4,aoo.oo ssoo.oo l sa,ooo.oo ssoo.BO sa.ooo.oo
AC Pavement include sawcutting and
25 ON
l
f
i
ti slao.oo $3aso.oo sloo.oo szsoo.oo szoo.oo ss,ooo.oo
3 remova
o
ex
s
n slso.oo s3,]so.oo
a 50970 SY 0.12" Cold Plane ~ sz.zo $112,134.00 $1.45 1 $]33306.50 $3.00 1 $50,990.00 $0.60 1 $30,582.00
Adjust Manhole Frame & Cover to
a3 F~
Fi
i
h G
d sz]s.oo l s]].a2s.oo azoo.oo 46.600.00 $300.00 1 sl2soo.oo
5 n
s
ra
e s3oo.o0 512,900.00
39 EA Adjust Water Valve Box and Cover to
6
Finish Grade
sloo.oo
$3,900.00 $50.00 $1,950.00 550.00 $1,950.00 $10.00 $390.00
Adjust Clean0ut Frame & Cover to
t EA s6zs.oo sezs.oo $200.001 $zoo.oo s3oo.o0 $300.00
7 Grade slso.oo slso.oo
Overlay 0.12" ARHM-GG incl. crack
4.540 ON
l
d
k d
t $]2.00 1 $326,880.00 $]2.001 5326,680.00 S]9.50 I $360,930.00
R an
roc
sea
us 4so.oo s363.zoo.o0
Construct Curbside Drain per ity
Std. No. 107-B and and Grate Inlet
1 LS including sidewalk and removal of s2,9oo.00 52,900.00 s3,ooo.oo s3.ooo.oo $4.000.00 $3,000.00
9 ~ eXlstin $10,000.00 $10,000.00
]0 143 LF 6" P.C.C. Curb & 24" and Gutter $30.00 $4.290.00 428.001 $4,004.00 $40.001 $5,920.00 $40.00 $5,720.00
230 SF PCC Wheelchair Ramp including
s9.oo sz,o9o.0o s9.oo sz,o]o.oB slx.oo $2,960.00
t 1 sidewalk and removal of existin slo.oo sz.3oo.00
12 3a ~` Re lace Inductive Loos szso.oo $9.00.00 s19o.o0 sz2zo.oo szzs.oo $$sso.BO s19s.ool s],41o.00
13 t LS Traffic Control. $20.000.00 $20,000.00 $11,469.50 $11,469.50 $15,000.001 $15,000.00 $9,500.001 $9,500.00
1a t LS Traffc Si nin and Stri in ..,000.00 ss.ooo.oo snsoo.oo snsoo.oo $zz,ooo.oo 4zz.ooo.oo sza,oos.oo ~sza,ooe.oo
15 5 ~' Advance Notification Sin .1.000.00 .6.000.00 $.00.001 .3.000.00 $400.001 $2.400.00 ..00.001 s3,poo.oo
TOTAL ;570,524.00 {475,nOO.W I {678,840.00 ;479,000.00
BID SUMMARY FOR BID OPENING APRIL 28, 20U9 ~ 5 e l
VICTORIA PARK LN PAVEMENT REHAB FROM P7 49
FAIRMONT WAY TO ROCHESTER AVE AND I.C.E. ENGINEERIIlG INC 18iPE;RIAL PAVING CO Bi1~"I'' CONSTRUCTION ALL AMER..,.,..
FROM 300' E/O DAY CREEK BLVD TO BASE LINE INC ASPHALT
RD '
AO QTY UMT DEBCRIPTION - C08T OUNT COST AMOU:P[ C08T AMOUNT CABT AMOUNT
1 t LS Mobilization s3s,ooo.oo sas,ooo.oo ss,ooo.oo l as,ooo.oo 9;.790.00 1 9;,790.00 599709.00 1 s3a,7o9.00
2 B ~' Remove Tree s3oo.o0 5z,aoo.oo 9300.00 1 92,900.00 saao.0o sa,oao.oo sszs.oo $9,200.00
AC Pavement include sawcutting and
25 ON s7s.0o sls7s.oo Szoo.oo as,ooo.oo avo.oo sa
zso.0o
a removal of existin 5z 10.00 $s.zso.oo .
4 50970 SV 0.12" Cold Plane ~ Soss $48,421.50 51.00 1 $50.970.00 $0.995 1 968.166.6; $1.90 1 $71,3x9.00
Adjust Manhole Frame & Cover to
a9 ~
Fi
i
h G 9900.00 1 s17.zoo.oo Sxss.oo $los6s.oo ax3s.oo $lo.los.o0
s n
s
rade 5270.00 $u,63o.00
Adjust Water Valve Box and Cover to
39 EA sloo.00 sa,9oo.oo aso.oo s1,9so.oo szs.o0 597s.oo
6 Finish Grade axs.o0 s97s.oo
Adjust Clean Out Frame & Cover to
t ~ saoo.o0 l saoo.oo a3s7.oo 93s7.oo sns.oo l s17s.o0
7 Grade s3oo.oo s3oo.o0
Overlay 0.12" ARHM-GG incl. crack
4.540 oN
l
d
k d
t s6z.oo szel,aso.oo s79.oo s3sa,lzo.oo s7o.o0 s317,aoo.oo
8 sea
an
roc
us s66.oo x299,640.00
Construct Curbside Drain per City
Std. No. 107-B and and Grate Inlet
t LS including sidewalk and removal of as,ooo.oo ss,ooo.o0 56,aos.oo s6.aos.oo 55,900.00 sa,9oo.00
9 - existin 59.000.00 $9,000.00
10 143 LF 6" P.C.C. Curb & 24" and Gutter $90.00 Ss.7zo.oo 5ss.0o $7,aes.oo 53s.zs ~ $s.oao.7s S3s.oo aspaa.o0
2ao SF PCC Wheelchair Ramp including 920.00 sa,6oo.00 au.zo Szs76.oo sa.oo 51,840.00
u sidewalk and removal of existin $1x.00 sz.76o.00
12 a6 ~+ Re lace Inductive Loos 5190.00 s7,zzo.o0 sz0o.oo s7,6oo.0o s196.o0 s7,aae.oo s153.o0 a6.9sa.0o
13 t LS Traffic Control sas,ooo.00 s3s.ooo.oo ss7o,ooo.001 570,000.00 x18,868.001 slss6e.oo 51o,ooo.oo s1o.0o0.00
la t L3 Traffic Si nin and Stri in s1e.0oo.0o sls.ooo.oo azo.ooo.oo azo,ooo.o0 31],819.001 sn.a 19.00 sn,3oo.00 snaoo.oo
15 e ~ Advance Notifcation Sin 9600.00 s3,6oo.0o s6oo.o0 x3,600.00 s6oo.o0l s3.6oo.0o asoo.oo $3,000.00
TOTAL 5479,896.50 8481,890.00 8491,098.40 8497,000.00
BID SUMMARI' FOR BID OPEM1ING APRIL 28, 2009 I 8 tg tt
VICTORIA PARK LN PAVEMENT REHAB FROM P150
FAIRMONT WAY TO ROCHESTER AVE AND R. S. NOBLE CO HAITBRINR ASPH.V.T SULLY-MII.LER SEQUE.,
FROM 300' E/O DAY CREEK BLVD TO BASE LINE PAVING IRC CONTRATING CO CONTRACTORS INC
RD
NO QTY UMT DE6CMP1'ION COST AN(OIINT CO6T ANfOO11T COfiT AMOUNT COT AMOUNT
1 LS M
bili
i 520,243.88 1 520,^43.88 x10,600.00 1 SI4
600.00 x21
4]0.001 52]
4]0
00
1 o
zat
on 528,500.00 E28,500.00 , , ,
.
z B ~` Remove Tree ssas.oo $4.360.00 E9zo.0o s]a6o,oo $sso.oo aa,a0o.oo ~ szoo.oo $1,600.00
AC Pavement include sawcutting and
2s ON
l
f
i
ti alxx.oo s3,oso.oo sns.oo saa]s.oo slso.oo a3.]so.oo
3 remova
o
ex
s
n $12;.00 sa.IZS.oo
4 50970 SY 0.12" Cold Plane $0.99 $50.460.30 E0.91 $46,382.]0 $1.23 1 $62,693.10 ~ $1.45 $]3,906.50
Adjust Manhole Frame & Cover to
43 EA
h G
Fi
i
d E3]S.OO $16,125.00 5298.00 1 S1x.8Ia.00 x2D0.00 $8,600.00
s ra
n
s
e $s]o.oo $24s 10.00
39 EA Adjust Water Valve Box and Cover to
sz]s.oo slo.]zs.oo sloo.oo s3,9oo.0o saoo.oo $]s,6oo.00
6 Finish Grade ~ ass.oo az.l as.oo
Adjust Clean Out Frame & Cover to ~
i ~ saoo.oo E3oo.oo saoo.oo saoo.0o x600.00 sfioo.oo
7 Grade s6so.oo s6so.oo
Overlay 0.12" ARHM-GG incl. crack
asap ON
l
d
k d
t xaoso s36s,a]o.oo as2.oo s3]2.zeo.0o sn.oo 5349,580.00
e an
roc
us
sea S]3.00 5331,420.00
Construct Curbside Drain per City
Std. No. 107-B and and Grate Inlet
~
t LS including sidewalk and removal of slo,loo.oo slo.loo.oo sa,soo.oo 53,soo.oo x].000.00 s].ooo.oo
9 existin as.s0o.oo as.aoo.oo
10 143 LF 6" P.C.C. Curb & 24" and Gutter $45.00 sfi A35.00 $3].801 $5.005.40 $;2.001 $],436.00 x32.001 $4,5]6.00
230 sF PCC Wheelchair Ramp including - - i
s9.ao $2,162.00 sls.oo sa,lao.oo E9.oo xz,0
o.oo
11 sidewalk and removal of existin 5zzso 5sa]s.oo
12 38 ~` Re lace Inductive Loos s19o.oo szz2o.oo x319.001 slx,lz2.0o szoo.oo s].fioo.00 s~oo.oo s],6oo.00
13 t L6 Traffc Control s14,oo0.0o sla,0oo.00 x4.000.001 s4,ooo.0o sa,ooo.oo sa.ooo.00 s12.oo0.00 slz.ooo.oo
la ~ L9 Traffic Si nin and Stri in $zzsoo.0o sx2soo.oo $19.895.001 $19,895.00 slssoo.oo $1ss0o.oo sle.oo0.oo sls.0oo.00
1s s ~' Advance Notifcation Sin sszs.oo s3.lso.oo sso0.0o aa.oo0.oo $;x0.001 $3.zao.oo E3so.oo sz.loo.oo
TOTAL 5509,450.30 8526,340.98 552T,$T6.30 8534,462.$0
BID SUMMARY FOR BID OPENING APRIL 28, 2009 II ~y I<
VICTORIA PARK LN PAVEMENT REHAB FROM P151
FAHtMONT WAY TO ROCHESTER AVE AND LAIRD CONSTRUCTION ORTIZ ASPHALT PAVING,
FROM 300' E/O DAY CREEK BLVD TO BASE LINE
CO., INC
Ixc pAVE LVEST DNC
RD
SiNIT BID VNPr VNIT
NO QTY UNIT DFSCRIPTION COST AL20DRT COST AMODNT COST ADSODNT
1 t LS Mobilization $24,649.00 $24,649.00
$27,627.19
1 $27,627.19
$10,000.00
$10,000.00
2 8 EA Remove Tree $soo.oo $4,000.00 $298.65 1 $2,389.20 $350.00 1 $2,800.00
AC Pavement include sawcutting -
3 25 ON
and removal of existing
$lso.oo
$3,7so.oo $192.09 $4,802.25 $140.00 1 $3,500.00
4 50570 SY 0.12" Cold Plane $l.oo $50,970.00 $1.x3 1 $7zss7.lD $1.00 1 $50,970.00
Adjust Manhole Frame & Cover to
s a3 EA
Finish Grade
$600.00
$zs,soo.oo $271.98 $11,695.14 $400.00 1 $17,200.00
3s EA Adjust Water Valve Box and Cover
$130.84 $5,102.76 $300.00 $11,700.00
6 to Finish-Grade $50.00 $1,950.00
1 EA Adjust Clean Out Frame & Cover to
7
Grade $z71.9s $271.9s $aso.oo $aso.oo
$750.00 $750.00
Overlay 0.12" ARHM-GG incl. crack
8 asao oN
seal and rock dust
$79.zs
$359,795.00 $79.631 $361,520.20 $98.00 $444,920.00
onstruct Curbside Drain per City
Std. No. 107-B and and Grate Inlet
~ LS including sidewalk and removal of ,8e,a9a.ao $8,494.40 $a,ooo.oo $a,ooo.oo
9 existin $3500.00 $asoo.oo
10
tas
LF
6" P.C.C. Curb & 24" and Gutter
$lz.oo
$1,716.00 $28.581 $4,086.94 $25.001 $3,575.00
230 SF PCC Wheelchair Ramp including
$n.aa $a,oos.9o $aso $l,oas.oo
11 sidewalk and removal of existin $lzso $2,875.00
12 38 EA Re lace Inductive Loos $zoo.oo $7,600.00 $195.19 $7,a17.zz ~$zoo.oo $7,600.00
13 ~ LS Traffic Control ~ $25,000.00 $2;,000.00 $16,as6.17 $16,as6.v $16,000.001 $16,000.00
14 ~ LS Traffic Si nin and St[i In $18,500.00 $18,500.00 $'0,163.351 $20,163.35 $37,600.001 $37,600.00
15 6 EA Advance Notification Sin $750.00 $4,500.00 $533.301 $3,199.80 $250.001 $1,500.00
TOTAL $535,355.00 $550,022.60 $612,250.00
P152
STAFF REPORT - ~ ~
ENGINI{I ~J21NG SIi.RVIC13ti Dr3PARTMI3NT
RANCHO
Date: May 20, 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: .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 $646,000.00, TO THE APPARENT LOW
BIDDER, HARDY & HARPER, INC., AND AUTHORIZE THE EXPENDITURE OF A
10% CONTINGENCY IN THE AMOUNT OF $64,600.00, FOR THE FISCAL YEAR
2009/2010 LOCAL STREET PAVEMENT REHABILITATION OVERLAY OF VARIOUS
STREETS, PART 2 TO BE FUNDED FROM PROPOSITION 1 B FUNDS, ACCOUNT
NO. 11943035650/1022194-0 AND APPROPRIATE $715,000.00 TO ACCOUNT NO.
11943035650/1022194-0 FROM PROP 1 B 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 $646,000.00, to the apparent low bidder, Hardy & Harper,
Inc., and authorize the expenditure of a 10% contingency in the amount of $64,600.00, for the
Fiscal Year 2009/2010 Local Street Pavement Rehabilitation Overlay of Various Streets, Part 2 to
be funded from Proposition 1 B Funds, Account No. 11943035650/1022194-0 and appropriate
$715,000.00 to Account No: 11943035650/1022194-0 from Prop 1 B fund balance.
BACKGROUND/ANALYSIS
Per previous Council action, bids were solicited, received and opened on May 5, 2009, for the
subject project. The Engineer's estimate for the base bid was $650,000.00. 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 and inspection.
The scope of work consists of crack sealing, patching, cold planing, A.C. overlay, construction of
curb and gutter, re-striping and pavement markings and installation of inductive loops. The contract
documents call for forty-five (45) working days to complete this construction.
Respectfully submitted, ~
`>~~~~!
~~~~- ~.
l _ ;~1~c_
Mark A. Steuer
Director of Engineering Services/City Engineer
MAS/RMD/SH:Is
Attachments
53
CITY OF RANCHO CUCAMONGA
- , -,
`~'_ 2009-2010 PAVEMENT REHABILITATION-OVERLAY (PART 2)
VICINITY MAP _
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P157
STAFF REPORT ~- ~_ ~
EN('~INI',I',KING SI'.RVI(.I::S D73V1\R'1'MGN'f
RANCHO
Date: May 20, 2009 C,UCAMONGA
To: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
From: Mark A. Steuer, Director of Engineering Services/City Engineer
By: Ping Kho, Assistant Engineer 1 • k.
Shelley Hayes, Assistant Engineer ~ ~-{-
Subject: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION
OF THE CONTRACT IN THE AMOUNT OF $135,211.00 TO THE APPARENT LOW
BIDDER, HILLCREST CONTRACTING INC., AND AUTHORIZE THE EXPENDITURE
OF A 10% CONTINGENCY IN THE AMOUNT OF $13,521.10, FOR THE FY 2008/2009
BUS BAY, DRIVEWAY AND ADA ACCESS RAMP IMPROVEMENTS AT VARIOUS
LOCATIONS, TO BE FUNDED FROM MEASURE I FUND AND PEDESTRIAN GRANT
ARTICLE 3 FUND, ACCOUNT NO. 1 1 76 30356 50/1 1 501 76-0 AND
1 21 4303 5650/1 5 21 21 4-0, RESPECTIVELY AND APPROPRIATE $30,040.00 . TO
ACCOUNT NO. 12143035650/1521214-0 FROM PEDESTRIAN GRANT ARTICLE 3
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 $135,211.00 to the apparent low bidder, Hillcrest
Contracting Inc., and authorize the expenditure of a 10% contingency in the amount of $13,521.10,
for the FY 2008/2009 Bus Bay, Driveway and ADA Access Ramp Improvements at Various
Locations, to be funded from Measure I Fund and Pedestrian Grant Article 3 Fund, Account No.
1 1 76 30356 50/1 1 501 76-0 and 12143035650/1521214-0, respectively and appropriate $30,040.00 to
Account No. 1 2 1 4 303 5650/1 521 21 4-0 from Pedestrian Grant Article 3 Fund balance.
BACKGROUND/ANALYSIS
Per previous Council action, bids were solicited, received and opened on April 28, 2009, for the
subject project. The Engineer's estimate for the base bid was $149,142.00. Staff has reviewed all
bids received and found all but one to be complete and in accordance with the bid requirements
with any irregularities to be inconsequential. The bid proposal from F. S. Construction Inc. was
found to be invalid as the total listed was incorrect. Staff has completed the required background
investigation and finds the lowest responsive bidder meets the requirements of the bid documents.
The scope of work consists of clearing and miscellaneous removals, construction of PCC bus bay,
PCC sidewalk, miscellaneous grading, A.C. paving, re-landscaping, irrigation, retaining wall, drive
approach, access ramp and retaining curb. The contract documents call for twenty-five (25)
working days to complete this construction.
Respectfully sl?bmitted ~~ /
M~Steuer
Director of Engineering Services/City Engineer
MAS/PK/SH:Is
- VICINITY MAP
FY 2008/2009 BUS BAY, DRIVEWAY AND
ADA ACCESS RAMP IMPROVEMENTS
AT VARIOUS LOCATIONS
PROJECT
LOCATION
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Q
BID SUMMARY FOR BID OPENING APRIL 28, 2009 aPPgaENrLOwernosa z 9
FY 2008/2009 BUS BAY, DRIVEWAY AND ADA
ACCESS RAMP IMPROVEMENTS AT VARIOUS HILLCRF.6T
LOCATIONS ENGDiEER'6 ESTIl1ATE CONTRACTING F.6. COa6TRDCTtOfl NEW LEGACY CORP.
R/e IOOTeIIL A/O HAVea 1181r I BID narT aeR nHIT
so RrT Herr oRacavnoa rnsr wooer coat wooer con wooer corer wooer
Clearing and Grubbing including all
misc. removals, ezcavatons, grading stoa$s.oc Sto,~3s.oo $3,ooo.oc sa,ooo.oo s1.9oo.0o staoo.oo
t. t Ls and dis osal $a,ooo.oo sa,ooo.oo
2. t sA Remove Tree $soo.oo ssco.oc
Esso.oo
asso.oo
at,ooo.oo
st,ooc.oo
szso.oo
trzso.oo
AC Pavement incl. sawcutting and
5169.001 sz,oza.oo azso.oo s3.coo.oo at36.oo 51,632.00
3. tz roN removal of existin $izo.oo st.aao.co
Construct Rockscepe per City Std. -
E13.W sa,asa.oo 59m 53.390.00 $>.oo Sz,63zoo
4. 3]8 SF 542, CBSe 1 $15.00 E5,6a0.OD
G0061NCt PCC Bus Bay including
crushed aggregate base per plan and s9.oo st9,tao.oo s$.ao $16.160.00 s9.zo ata,ssa.ao
5. 2020 SF Ci S[d. 119 $12.00 Eza,zao.oo
4" Thick PCC Sidewalk includin
g $a oo sa,aoo.oo as.oo sssoo.oo s6.eo a7,aeo.oo
6. 4100 SF remOVB Of exl$tI0 $B.00 E9,eoo.oo
PCC Handicapped Ramp including s9.oo svz9.oo az9.co at,6zo.oo s3o.oo arz,a3o.oo
7 at sF Detectable Warnin Surface $in.oo ssm.oo
' S9,oo asao.oo $zo.oo St,rzoo.oo Ea.00 $zao.oo
s eo LF PCC Retainin Curb behind sidewalk $so.oo atsoo.oo
Relocate and Adjust Irrigation Control
sn,voo.oo sa,voo.oo srzsw.oo azsoo.oo seoo.oo Seoo.oo
e t EA Valve to Grade $soo.oo 5309.00
Restore Landscaping including w,9oc.oc 56,900.00 sa,ooo.oo sa,ooo oo sz boo oo ax 600 oo
10 t Ls Irri anon S stem to match existin 53.000.00 53,000.00
Install sVeet light wnduit per SCE
DWO 6350-6705 incl. Venching, sz6oo.oo arz.60o.0o at,soo.o0 st,soo.oo sz,6oo.a0 $rz,6oo.00
11 t L$ backfillin ull ro es and materials $z,ooo.oo azooo.o0
Install and Relocate Traffc Signing st,zoo.oo at,zoo.00 slaso.oo st.rzso.oo s990.00 $990.00
12 1 LS and SVI In $2,000.00 42,000.00
Easo.oo aaso.0o 54.000.00 $4.000.00 s6oo.o0 a6oo.o0
la t Ls Traffic Control $1,000.00 s4.00o.00
s/s 4roorrm.z m/o nxcemAtn
eating an ru ing in u ing a
misc. removals, ezwvafions, grading a4sao.oo s4sno.o0 $2,000.00 saooo.oo 52,000.00 srz.ooo oo
la t ~s and dis osal $2,000.00 az,ooo.oo
AC Pavement inU. sawcutting and
15
a
roN
removal of ezistin
$420.00
s4,oeo.oo 5169.001 :4524.00 srzso.oo~ a2,2so.oo 5436.001 st.zrza.oo
6" PCC Curb and 24' Gutter
16
1W
LF
IncWdin removal of exisfin
$50.00
55,350.00 $20.001 Srz,4ao.ao sa0.oo Sa,zaO.oo $zs.aol 52.625.00
6" PCC Driveway Approach including
17
2B8
SF
remCVal Of eX16t10
$25.00
~ 57,450.00 5].001 sz,o0aoo Sr.0o 52.002.00 :7.201 52,05950
4" Thick PCC Sidewalk including -
$a.00 56,080.00 $5.001 $9,6CO.o0 $6.801 $10,336.00
IS 1520 SF femOVBI Of eXl6fin $8.00 $42,460.00
an icappe amp an
Retaining Curb including Detectable aroo 5959.00 a49.o0 E2,a66,00 $30.00 sa.440.00
t9 t3] $F Wamin Surface $40.00 :4,3]0.00
t4i.oo $zaz.oo srzsml 5550.00 sa.0o1 se9.o0
20 zz LF PCC Retainin Curb behind sidewalk $s.oo sv6.0o
Adjust Traffic Signal Pull Boz to
21
3
EA
Grade
$700.00
%300.00 1525.00 54,575.00 Erzoo.oo 5600.00 5350.001 34,050.00
2z t FA Adjust Eledriral Boz to Grade $420.00 5420.00 sszs.0o as2s.oo s3oom 5300.00 s$oo.o0l 5300.00
Restore Landscaping incuding
2a
t
L$
Irri anon S stem to match existin
$1.000.00
$4.000.00 56,925.001 54525.00 53,000.00 53,000.00 $2,600.001 52,600.00
2a t Ls Traffc Control $4.000.00 :4.000.00 aa00.0o san0.oo :4.000.001 54,000.00 :600.001 5600.00
W/B VQ16rARD R/O RIIITH 8r
eating an ru ing inc u ing a
misc. removals, excavations, grading 36ss.ao 5655.00 az,ooo.00 az,0o0no 52.000.00 az,0oo.00
25 t Ls and dis osal $4,000.00 54.000.00
AC Pavement incl. sawcutting and
26
2
TON
remOVBI Of eXISbO
$120.00
Srzao.o0 5169.001 5338.00 ErzsO.00 5500.00 5136.001 S2]'1.Oo
Construct Rockswpe per City Std.
27
Be
SF
542, Case 1
$i5.0o
ti,avo.oo 543.001 E4,2va.ao 540.00) s9eo.oo Sz0o E69s.oo
8" PCC Curb and 24' Gutter
2s 3] LF includin removal of existin $50.00 54,950.00 Szo.oo avao.oo sa2.oo s4ssa.oo 525.001 &925.00
29 012 5F 4" Thick PCC Sidewalk $8.00 $3.296.00 Sa.oo :1,649.00 45.00 52,060.00 ss.oo 52,060.00
P159
HID SUMMARY FOR BID OPENING APRIL 28, 2009 aPPgDENiLOw BIDDE6 1 $
FY 2008/2009 BUS BAY, DRIVEWAY AND ADA
ACCESS RAMP IMPROVEMENTS AT VARIOUS xILLCREST
LOCATIONS ENGINEER'S EST[E$ATE CONTRACTING F.S.. CODBTRUCTION NEW LEGACY CORP.
PCC Handicapped Ramp and - '
Retaining Curb including Detectable sn.oo $509.00 $zo.oo Sbao.oo S3o.00 SosD.oo
3o sz sF Warnin Surface $m.oo a3z0.0o
elocate and Replace ra is u I
B aa,zoD.DD $9,200.00 $9,000.00 i3,o00.o0 51,600.00 1 at,bbD.aD
31 1 EA OX $300.00 SaOD.bD
Relocate and Adjust Irrigation Con[rol
V
I
t
d
G $9,iDD.oD $9,700.00 SasOD.DD $9s00.oo 8950.00 1 $350.D0
32 1 EA B
Ve
0
ra
e $200.00 5200.00
Adjust Traffic Signal Pull Box to
G
d Sszsm $525.00 Es00.ao $600.00 Ea6o.oo Sabo.Do
33 1 EA ra
e $100.00 Sf oo.OO
34 1 EA RBorate Bus Bench ~ $700.00 $tOO.DO 5s75.oo $s7s.ob Stoo.oo $1D0.00 a3eo.0D s3e0.00
35 1 Ls Relocate Si ns $100.00 SIOO.OD safo.oo satD.oo 8300.00 $900.00 $290.00 - $z9o.00
Restore Landscaping including
s6soD.DD s6,e00.oD ss,ooo.DO as,DOO.DD sz,000.DO sz,000.00
'36 1 LS Irrl aflOn S stem to match ezistin $1,000.00 E1,DDO.oo
37 a sA Re lace Inductive Loo Detector $250.00 stooO.oD Sza 1.DO 59za.0D $spo.oo sz,DOD.DO a9s0.OD sa,960.00
38
1
Ls
Tfalfic Control -
$1,000.00
SLOOO.Do atzD.OO $tzo 00 s6oD.oo ~ ssoo.DD a6o0.00 5600.00
CAREBLIAF 8L®66'$AHY 8C8Dp1 DRIV$WAY AT Tlpb CARABLIM
AV$
39 1 La MObI12afiD0 $500.00 sso0.00 saoo.DD $900.00 $so0o0 Ssoo.DO s2,000.0D 52,000.00
a0 1 Ea Remove Tree $500.00 asoo.oo $vo0.00 s7oo.o0 $t,000.Ob $t,0o0.a0 sa6o.DO Sa6o.DD
A Pavement Incl. sawcutting and
al
a
ToN
removal of ezistin
$1zo.oo
$990.00 $zso.w s7so.0D $zso.oo s7so.oo stas.DO $a0e.oo
PCC Undersitlewalk Drain per City
Std. 107-A including removal of $3,aso.oo $3,as0.o0 stsoo.oo stsoD.DD sL7s0.o0 $L700.00
a2 1 EA ezistin sa,ooo.oo sa.DOO.oo
8" PCC Drive Approach incl. removal
43
220
SF
Of eXIBtID
$25.00
55,500.00 S7.oo StsaD.oo Su oo 85,760.90 5>.z0 St s9a.DD
4" Thick P idewalk including -
aa zs sf removal of ezistin
$a.00
Sz90.o0 $9.00 St9o.oD S6.oo1 sztD.Do sbso $za9.o0
as 1 LS Traffic Control
$1,000.00
51,000.00 s7s.00 s7s.oo
_ ssOO.DD $s0o.o0 s6oo.oo s6oD.oo
ACCB89 RASR AT A8C Bffi.LMM ADD $AT8 $'f
a6
1
Ls
Mobilization
$soo.oo
asoD.DO 9335.00 E335.00 $SOO.DO 5500.00 $2,000.00 $2,000.00
PCC Handicapped Ramp and
Retaining Curb including Detectable 57.00 E1,6e4.D0 510.00 82,120.00 s3o.00 E6,a6o.0o
a7 z1z sF Warnin Surface $fo.DO az.tzo.oo -
lue Down with poxy 3' range
as
a
Eq
Deli
t
e
- $99.00 $996.00 $250.OO $I,000.DO $36.OO $164.00
n
a
or $100.00 sao0.00 .
Remove K-Rail and Relocate Street
49
s
N
Si $9DO.OO $800.00 $I,000.pp 51,000.00 $9BO.W $9$0.00
1 L ame
n $500.00 5500.D0
50 1 LS Traffc Control ~ - -
$1,000.00
51.000.00 s7s.oD 57s.00 s1,DD0.oo 51,DDD.DO $600.00 s6oo.00
DAMP 1, 2. $ ADD a OD -RNEWAY AT $/B F@SLEfAb $/O BAHE ~ _
LDI$ RD
sI
1
~ Ls
Mobilization
$1,000.00
st,DOO.Oo $300.OO $300.00 $5,000.DO $1,000.00 $$OW.OO $2,OW.00
AC Pavement incl. sawcutting and
52
s
ToN
removal of ezistin
$120.00
s7zD.0D azas.0D s1 <70.00 82so.o0 stsoD.DO $13aob S9t6.o0
CDn$trUCt Rocksrape per City Std.
$42
C
1 - sta.oo 51,aoo.OD sm0o sl,ooo.oo n.oo s7oo.DD
53 100 SF ,
ase $15.00 91,500.00
12" PCC Curb and Gutter and portion
of Driveway including removal of 5200 $$980,00 sao.0o $13,600.00 szs.oo 59soD.Do
sa Sao sF ezistin $zs.oo $es0o.0o
PC Han iwpped Ramp and
Retaining Curb including Detectable
Warning Surface and removal of - ss.0o S2p0o.0D s1c.DO $4,eoo.DD s30.0b $14,400.00
ss 990 SF exist. $10.00 Sa,soD.oo
Reconstruct Retaining Wall (H=1.5')
56
ss
LF
includin removal of ezistin
$so.oo
saaso.DD $72.001 59,960.00 sso.ODl s2,7so.bb $66.00 a3s7s.oo
Rewnstruct Retaining Wall (H=3'-5')
57
so
LF
includin removal of ezistin
$f 90.00
s6s0o.Ob s1ss.DD S7,7s0.00 370.001 aas00.oD sasoo sa,2s0.00
sa
s
LF
Install 4" Schd 40 PVC Pie
$so.oo
5300 o0 SI9.OO Tea.OO $20.OO $120.D0 $60.00 %360.00
59 1 LS Traffic ConVOI
$1,000.00
at,000.0a Ssz0.o0 as2o.00 Ssoo.DD ssoo.oD s6oo.00 8600.00
BASE BID TOTALS Sw9,142.00 $136,231.00 $1as,6D6.a0 Si$$,%6.SD
P160
8ID SUMMARY FOR BID OPENING APRIL 28, 2009 . b b )
FY 2008!2009 BUS BAY, DRIVEWAY AND ADA
ACCESS RAMPIMPROVEMENTS AT VARIOUS
LOCATIONS vAxAR zas nac sac [RC [PS Ilrc
N/a TOOiFiD.l W/o 9AV81f p61T' I nMT II9T[ I COBn8CT6D oRTr
Mo QTT UFIT DSBCRIPLIOF C08i N10DAT COST N10911T COST AISODIR COST AlSpII1rT
Clearing and Grubhing including all
misc. removals, excavations, grading sl l.ooa ao SII,OOD.OD a2,soo.oo s2,soo.oo s3,soD.oo E3,soo.oD
1. t Ls and dis osal Ss,ooo.oo s6.ooo.ro
2. t EA Remove Tree $5DD.oo ssoo.oo sl,ooo.ao al,ooD.oa ssoo.oo l asoo.DO s7som l s]so.oD
AC Pavement inG. sawcutOng and
Ez2s.oo 32,]00.00 s2so.DD l 53,000.00 a2oo.DO s2,aoo.oD
3. 12 TON remOVal O(e%ISIIn $170.00 a2.Dao.oD
Construct Rockscape per City Std.
5!500 sa,slzoo alzoD Sa,sl2.oo s12.oo s0bl2.oo
a. 37fi $F 542, Case 1 $7.50 a2,e2o.Do
Construct PCC Bus Bay including
crushed aggregate base per plan and sa.DD alz,lzo,oo $0.95 a16.DS9.oo slzss azsasl.CO
5. 2020 sF GI $ld, iig $a.OD EI6,t60.0o
4" Thick PCC Sidewalk including
sasD 53,aso.oD Ssso E6,OSO.oD S6.oD s6,6oo.oD
b. Imo sF removal of existin $s.oD sssoo.oo
PCC Handicapped Ramp including at1.00 se91.oD 3za.oD s1,9aa.oo $16.00 s1,296.00
7 et sF Detectable Warnin Surtace $z7.oo azae].oo
E 12.00 5]80.00 $36.00 $900.W $6.00 $360.00
s so LF PCC Retainin Curb behind sidewalk $24.00 alpaO.Do
Relocate and Adjust Irrigation ConVOI
sa,6oom sa,boD.DD alsoo.oo slsoo.oo s3,DOO.oo s3,ooo.oo
9 t EA Valve to Grade $2so.oo a2so.oo
Restore Landscaping inGuding 6 ]
to
I
L$
Irri anon S tem to match existin
sasoo.oo
sosoo.oo oo o0
a s67oD OD s3 soo oo l sa soo oo wooD OD I wooo oo
Install stteet light conduit per SCE
DWO 6350-6705 incl. trenching, s_soo.oo szsoo.oo al,zso.oD sl,zso.oo 52.30.00 s2sao.oo
11 I Ls backfillin ull ro es and materials $2,200.00 sz.zoo.oo
Install and Relocate Traffic Signing .1,200.00 1 .1,200.00 sL2DD.D0 sl.zoo.oo aL9oo.oD l .1,900.00
12 1 LS and Stri in $1,000.00 st,oo0.00
sl,ooo.oo .!,000.00 al,soo.oo l ~ aLSoo.00 s3,ooo.oo 55,000.00
13 I Ls Traffic Control $1,500.00 .1,500.00
P/B I00T10.L W/O ARCHIDALn
eanng an ru ing m u Ing a
misc. removals, excavations, grading w,ooo.oo .6,000.00 a6s0D.o0 s6soo.o0 sz,000.DO .2,000.00
la I Ls and dis osal $2,000.00 55000.00
AC Pavement incl. sawcutting and
is
s
ToN
removal of existin
$no.oo
5!.30.00 $200.00! s1s00.0o SaOO,oo $zaoD.oo azoo.00 5!,$00.00
6" PCC Curb and 24" Gutter
16
107
LF
InClUdln removal of existin
$45.00
Sa,sl s.oo sas.0o .ta,]as.oo sas.o0 $5,815.00 55$.001 Sa,DS6.oo
6" PCC Driveway Approach including
17
286
SF
remOVal 0(exlshn
$9.00
~ g2s]o.oD $G.2s EI,]$].60 $IO.OO E2,860.00 $I D.CO E2,860.00
4' Thick PCC Sidewalk inGuding
l
f
i
ti 53sD 5.520.00 ssso se,a6o.oo ss.3sl se,152.00
l8 tszo sF remova
o
ex
s
n $s.oD .],600.00
an Irappe amp an
Retaining Curb including Detectable .wso Sa9os0 szs.00 .ta,a2s.a0 5!500 sL60..Do
19 137 aF Warnin Surtace $52.00 s].IZa oo
E13.00~ E286.o0 E2D.W Ea4D.00 $b.W EI]2.00
20 z2 LF PCC Retainin Curb behind sidewalk $25.00 ss2e.oD
Adjust Traffic Signal Pull Box to
512..00! .37..00 Sam.oo .1,200.00 55.0.001 .1,3.0.00
21 3 EA Grade $70.00 5210.00
zz
I
EA
Adjust Electrical Box to Grade
$70.00
sm.oo SI25.OO $125.00 $40].OD $GCO.00 SasD.00 $550.00
Restore LandSwping including
23
I
LS
Irri anon $ Stem LO match existin
$1,500.00
St,6oo.D0 sb,]DO.oo .6,700.00 EL]s3.DO slps0.oo ss,9oD.oo 5.,900.00
za t L$ TrafOc Control $1.000.00 51,000.00
sl,oso a0
.!.5.0.00
sLSaaoo
$1.00.00
sa,ooD.DO
.5,000.00
W/e vmeTwxn e/o nDlT9 ar
eanng an ru Ing inc u mg a
misc. removals, excavations, grading $2,]60.00 azssO.DO $5.00.00 .3.00.00 slsw.05 slsoo.Do
2a t L$ and dis osal $t,0oo.00~ 5!,000.00
AC Pavement incl. sawcutting and ~
55.0.00! s9oo.00 5600.001 .!,200.00 .500.001 sb0D.o0
z5 z 7oN removal of existin $zSO.oD 5.00.00
Construct Rockswpe per City Std.
C
- sl s.0o sl.]6a.o0 s1 s.0o $1,5]0.00 a16.D0 Elsbs.oo
27 98 SF 542,
ase 1 $12.OD sl,n6.oo
8" PCC Curb and 24" Gutter
28
37
LF
IOCIOd10 removal of existin
$45.00
$1,665.00 518.00 SG66.o0 S9i.00 $1,665.00 5a9.~ . EI,BI3.00
z9
atz
$F
4" Thick PCC Sidewalk
s4.oo
s1.6ae.oo 53.SDI al <a 2.00 $is0l 52.266.oD S6.OO $2,0]2.00
P161
BID SUMMARY FOR B[D OPENING APRIL 28, 3009 1 s 6 ]
FY 2008/2009 BUS BAY, DRIVEWAY AIYD ADA
ACCESS RAMP IMPROVEMENTS AT VARIOUS
LOCATIONS YAKAR ®S INC JDC INC 2PS INC
PCC Handicapped Ramp and
Retaining Curb including Detectable s1s.W saeo.W s6s.W sz,n6.W ~ szo.oo a6ao.W
30 32 SE Waf01^ $OffaOe $52.00 EL66a.00
elocate and ep ace ra Ic ull
31
F
B ss2s.W ss2s.W $6Wm $6W.W s6]a.W l saTO.W
1 J Dx $350.00 5350.W
Relocate and Adjust lrrigafion ConVOI
3z
t
E
V
l
t
G
d sa,]so.W so,vso.o0 noo,W s]W.oo sa,oW.W Ea,oW.W
A a
ve
o
ra
e $zso.oo azso.oo
Adjust Traffic Signal Pull Box to
33
t
EA
Grade $125.W I 5125.00 $aW.W $aW.W 3130.W ~ 5130.W
570.00 no.W
3a
t
EA
Relocate Bus Bench
$zso.oo
szso.W En6.o0 SI]s.0o 8260.W I S25o ~W $aW.W jaW.W
as t LS Relocate Si ns 8750.00 afso.W ~'00~00 saoo.W slso.W stso.W stso.W s, so.W
Restore Landscaping inGuding~
36
t
Ls
Irri anon S stem to match existin
$tsoo.o9
stsW.oo s6.]so.W l w,]so.W $]oo.W s]W.W w,oW ao s6,oW.W
37 a EA Re lace Inductive Loo Detector $TS9.9o S:t,ooo.W aa2s.oo st,vW.oo ~ s3so.W st ooo.W s3]s.oo s1sW.oo
36
t
Ls
Taffic COOtr0
$850.00
$960.W sI,EW.W sl,tW.W also3m s1,sW.W sl,sW.W I St,sW.W
CARA61GA 628NSNYARY aCH001 DA19$:WAV AT 7306 CANIfbL1AA
AVj
39 t LS Mobiiza0on $800.00 seW.W E2,o0o.W E2,oW.W seW.W SaW.oo saW.W 53W.W
40 1 En Remove Tree $500.00 $SW.00 $t,OW.00 $I,000.W 36W.OO E6W,W $]W.OO I S]sO.W
A avement inc. sawcutting and
43
3
TON
remOV8 Of a%I$tln
$250.00
1]sDW $325.oa $9]S.W jaW.W $1,200.00 5300.00 1 j900.W
PCC Undersidewalk Drain per City
Std. 107-A including removal of s2,9oo.W 52,9W.W E4sW.oo S9sW.oo sz,oW.oo E2,aW.W
az t En existin $zsoo.oo s2soo.oo
8" PCC Drive Approach inU. removal
43 220 $F Of eXlsttn 56.W $1,320.W jI6.W E3,62D.W SIZ50 $3,e50.W
$9.00 31]60.W
4' hick f ewalk inGu ing
44
35
sF
removal of existin
$19,09
$360.00 $J.50 $122.60 $10.00 1 $350.00 $9.001 5315.W
a5 t L$ Traffic ConVOI $900.00 seW.oO st,oso.W sl,oso.W s]so.W s]so.W a]so.W nso.0o
weeesa nwm Ar AS.c ~1.LUAn AAO 6I.4'1'N lm I I I I
a6
t
Ls
Mobilization
$t,ooo.oo
SI,oW.oo at,sW.W 3t,soo,W $sW.W $sW.W azW.W E2W.W
PCC Handicapped Ramp and
Retaining Curb including Detectable s6.W al,zoaW s33.W 56,996.00 sts.oo a3,leo.W
a7 ztz sF Warnin Suface $52.00 s. t,orz4oo
lue own with poxy 3' range
48 a EA Delineator $50.00 E2W.W sa5.W jJaO.W $ap.W $320.W Sao.Wl 5t 60.W
Remove K-Rail and Relocate Street
a9
t
Ls
N
me Si
~ $t,]W.ool $1,]00.00 $zso.oo szso.oo saW.oo 58W.W
a
n $t
soo.oo atsoo.o0
50 t LS Traffic Control
$800.00
saW.W sl,o2s.W EI,o2s.W szsom 5250.00 5550 W ssso.W
$AE~ 1, 2, $ AAD 4 OA DA2VSWA4 AT $:/9 ~.LYAN A/O HA88
LIAR AD
51
t
Ls
Mobilizaton
gaoo.oo
saW.W $9,2W.00 59,zW.00 $6W.W $500.00 $1,1 W.OO $1,1 W.00
AC Pavement inU. sawcutting and
52
6
TON
femOVal Of exl$fin
$190.00
at.la0.oo s3W.W at,aW.oo EaW.WI st,eW.oo s2so.o0l gt,sW.W
Construct Rockscape per City Std.
s3
too
sE
542
Case 1 sn.0ol st,]oo.oo sts.oo $ISW.W sta.001 $tpW.W
. $ts.oo slsoo.W
12" PCC Curb and Gutter and portion
of Driveway including removal of s9.W s3,WO.oo s3o.W s1o,2W.oo 535.00 Stz,92o.W
54 3a0 SF existin $19.00 56,t2o.0o
an icappe amp an
Retaining Curb including Detectable
Warning Surface and removal of SB.W sa.OaD.W sl$.W sasao.W slz.as Sfi,I68.W
ss ~ ago sF exist. $ts.oo s9,lzo.oo
ReconsVUCt Retaining Wall (H=1.5')
56
ss
LF
inGudin removal of existn
$70.00
sA.aso.W sn.W sa,z3sW $f2o.co s6,6oo.W slzs.W sss]s.W
Reconstruct Retaining Wall (H=3'-5')
57
50
LE
iricludin re
v
l
f
i
ti at ts.ool ss,7so.oo s22o.ao ul.ooo.oo s9s.o0 sa,]so.oo
mo
a
o
ex
s
n $80.00 sa,ooo.oo
59
s
LF
Install 4" Schd 40 PVC Pie
$19.00
stos.W 320.W E320.W E]s.00 5450.W 535.W 52f0.W
59 t LS TraffC Contfol $900.00 saoo.W s1,o2s.W Et,ozsW 57W.o0 s]so.W s]5o.oo 5]so.W
EASE B/D TOTALS $138,543.00 j149,633.60 BIB AM00Ni j16p,418.00 j163,304.W
5 1]9,91940
P162
BID SUMMARY FOR BID OPENING APRIL 28, 3009
FY 2008/2009 BUS BAY, DRIVEWAY AND ADA e - o ro n ~~ t
ACCESS RAMP IMPROVEMENTS AT VARIOUS GFAFD PACIFIC SVLLY-$EILLER
LOCATIONS JRN 1NC CONTRACTURE IRC CONTRACTING CO PAVE WEST INC
N/9 e00TRO.L W/O HAVQI I1BIS OIPI'J OFIf 09R Bm CORAECT®
PO QTY OR3T 08bCRIPTIOE COST AHOOHT COST AYOOET CO!'1' Al1OOAT COST AtlOIIAT .WOUNT
Clearing and Grubbing including all
misc. removals, excavations, grading ss,ooo.oo ss,0o0.00 sll,ooo.oo sl I,ooo.oo
t. I Ls and dis osal $7,too.oo s>.l0o.co si,75o.0o sl.>so,oo
2. I EA Remove Tree $53.00 Es].ao ssoo.oo ssoo.oo 51.160.00 1 Sl,lbO.oa Et,000.00 I sl,ooo.00
3.
Iz
roN AC Pavement incl. sawcutting and
removal of ezistin
$bao.oo
slo,0ec.00
alss.ao
E1.9eo.oo
szaa.oo
Ea9z6.o0
$32aso
s3.69e.fl0
4.
3>6
SF Construct Rockswpe per City Std.
542, Case 1
$14.25
$s,asa.0o
$s.0o
EJ,OOa.00
a12.oo
sasla.oo
$16.38
a6,IS1.J6
Construct PCC Bus Bay including
crushed aggregate base per plan and s13.oo 526,260.00 s>.ls SI4,a4].o0
5. 2020 SF Ci Std. 119 $10.50 521,210.00 $8.95 Ele.O>9.o0
6.
tloo
sF 4" Thick PCC Sidewalk inGuding
removal of existin
$sso
56,050.00
$6'10
E6,>IO.00
sslo
ss,61 o.00
$5.60
I s6,36o.00
PCC Handicapped Ramp including 51as0 Sl,vaso azl.0o $1.>ol.oo
7 el sF Detectable Warnin Surface $7.ao ss99.w $22.64 $t,eso.oo al,es0.o4
$2s.00 EI S00.00 12<,50 Si,a>o.00
8 so LF PCC Retainin Curb behind sidewalk $ta.m as46.o0 gtoo.oo u,o00.co
9
t
sA Relocate and Adjust Irrigation Control
Valve to Grade ~
$a7o.oo
sa>0.o0 as0o.oo l slsoo.oo ax,nsm l sz,nsco
gs,t75.oo
Es,l>s.0o
to
I
rs Restore Landscaping including
Irri ation S stem to match existin
$t aoo.oo
s1,40o.00 Ss,ooo.00 $s,ooo.0o sl.l>aoo al,vo.00
87,a75.oo
s>,+>s.0o
Install street light conduit per SCE
DW06350-6705 inG. trenching, E1,6s0.00 ~ S1,6so.oo s2,9w.ao s2,90o.00
1t I Ls backfillin ull ro es and materials $b.eoo.oo s4,fioo.oo ~ ~ Sto.ooo.oe slo,o00.00
32
1
LS Install and Relocate Traffic Signing
and Stri in
$1,250.00
51,250.00 a1,9zs.oo
~ l s1,9zs.oo al,+so.ao al,aso.oo
$2,059.00
52,059.00
13 I LS Traffic Control
$2,050.00
E2,os0.0o $2s0o.0o 52soo.0o slg2s.0o 51,azs.oo
$2,500.00
S2,s00.o0
E/s roor®.E W /o ARC®ALD
eanng an ru mg inc u mg a
misc. removals, excavations, grading s5,ooo.oo ss,oo0.00 g,aW.00 sa.ao0.o0
la l Ls and dis osal $1soo.00 slsoo.0o $1,7so.oo al,>s0.0o
is
e
roN AC Pavement incl. sawcutting and
removal of existin ~
$700.00
56,JO0.o0 alao.0o s1,6zo.o0 safl>.OO szsaJ.Oo
$324.90
$2,92a.m
8" PCC Curb and 24" Gutter
16
107
LF
inciudin removal of existin
$zJ.6n
$3,Ia860 $JO.CO $3,210.00 E]>,00 $3,959.00
$44.7t
a4,>8].9>
17
2B6
SF 8" PCC Driveway Approach including
removal Of existin
$70.00
S2,e60.ao sl o.o0 a2,e6o.o0 aloso S3,o0a.oo
$i3.00
s3,>le.oo
18
1520
$F 4' Thick PCC Sidewalk inGuding
removal of ezistin
$s.z0
a>soa.oo u lot s9 z>z.00 E6.oo 59,120.00
$S.BO
(
sa,mb.o0
an Icappe amp an
Retairiing Curb including Detectable 519.50 $1,986.50 s20.oo sz,>ao.oo
19 la7 sF Warnin Surface $7.00 $9s9.00 sz7.$a $3.614.09
zo
zz
LF
PCC Retainin Curb behind sidewalk
$ta.oo
s30e.o0 $2s.00 Es50.C0 S24s0 x539.00
$loo.oo
sz,zoo.oo
21
a
sA Adjust Traffic Signal Pull Box to
Grade
$aza.oo
s1.z64.0o asso.oo sl,bso.oo aabs.ool sla9s.oo
$soo.oo
sls0o.o0
22 1 sA Adjust Electrical Box to Grade $azfi.oo E42s.oc ssso.oo asso.oo sb6s.ao sabs.oo
$1,000.00
at,o00.ap
23
1
LS Restore Landscaping including
Irri ation S stem to match existin
$850.00
aes0.oo
ss,0oo.00
as,ooo.00
E1,2es.oo
Et,26s.oo
$7,475.00
a? 4>s.oo
24 I ~s Traffic Control $2,050.00 Ez,O50.o0 $2.60¢00 52.500.00 $1,400.001 $L,400.00 $2,500.00 52,500.00
W,x VpCYARD 6,O AATH 6T I I I I
eanng an m ing inc u ing a
misc. removals, excavations, grading s6,coo.oo as.oo0.0o a2,zw.o0 az,z00.co
25 I is and dis osal $t,z7s.oo al,z>s.c0 51,75000 alas0,00
26
z
roN AC Pavement incl. sawcutting and
removal of existin
$71 s.oo
a1,a32.oo Szoo.OO S4o0.00 52ae.00 $s>6.o0
$az4.9c
5649.e0
27
9e
SF Construct Rockscape per City Std.
542, Case 1
$1ZW
54666.00 afi.oo a>ea.o0 shoo 51,nb.0o
$16.36
I
51,603.2e
8" PCC Curb and 24" Gutter
28
37
LF
In CUdlO removal of existin
435.00
51,295.00 sJOml sl,llo.oo s39.o01 EI,44J.o0
$44.71 '
I
s1,6x4.2>
29 412 SF 4° Thick PCC Sidewalk $4.50 5165x.00 Sa.l O 54689.20 E6.OO $3,296.00
$4.nn
51,6x6.00
i3
BID SUMMARY FOR BID OPENING APRIL 26, 2009
FY 2008/2009 BUS BAY, DRIVEWAY AND ADA
ACCESS RAMP IMPROVEMENTS AT VARIOUS B o
GRARD PACIFIC 19
6VLLY-MILLER 11
P~ f
LOCATIONS JRN INC CONTRACTOR6 INC COIiTRACTING CO PAVE WEST INC
PCC Handicapped Ramp and
Retaining Curb including DeteLable staso 5969.00 sls.7s st,a9A.oo
30 32 SF Warnln $DrfaCe $8.25 $20x.00 $27.66 $A90.80
e ovate and eplace ra Ic u I ~ .
31
1
EA
BOX
$640.00
88x0.00 sa,aoo.oo aapo0.oo 5700.00 x700.00
$500.00
Esoo.oo
a2
1
EA Relocate and Adjust Irrigation Convol
Valve to Grade
$z35.oo
sz3s.oo slsoo.o9 :1.00.x0 s2sso.ao $2,550.00
:x:00.00
:x:00.00
33
1
En Adjust Traffic Signal Pull Box to
Grade
$235.00
sz3s.oo asso.oo l x::0.00 noo.oo :700.00
$1,000.00
I x1.000.00
3a 1 EA Relocate Bus Bench gz3s.0o x23:.00 :]:0.00 1 :7:0.00 ss0o.oo l ::00.00 $1,000.00 I :1.000.00
3s 1 Ls Relocate Si ns S3so.oo :3:0.00 sso0.00 ::00.00 ss0o.oo l x:00.00 gl,ooo.oo ~ x1,000.00
36
1
Ls Restore Landscaping including
Irri anon S stem to matU ezistin
saso.oo
~Sa9o.00 ::,000.00 ::,000.00
I :1,260.00 sl afio oo
$7,x7:.00
I x7,.7:.00
37 4 EA Re lace Inductive Loo Detector $360.00 5lpao o0 ssso.oo :2,200.00 639sm slsfi0.00
$200.00
seo0.o0
36 t LS Traffic COntr01
$2,050.00
sz.030.00 szsoo.o0 82:00.00 E7w.0o 5]0000
$1,750.00
51,730.00
CARF6I.UR 6LaEffiITABY BCflOOL DRMWAY AT TI86 CAR9aLWr
AK
39 1 LS MObllia[IOn $s,6ofi.fie Ssboo.oo 53.00.00 1 33,500.00 54045.00 51.0x:.00 g1 750.00 St,7s0.o0
40 1 EA RemOVe Tree $117.00 ;117.00 Ssoo.oo SsOO.oo 51,m0.00 fiI,IGO.00 $1000.00 51,ooo,OD
41
3
TON avement inc. sawcutting an
rem OVSI Of a%ISIID
$610.00
51,630.00
:100.00
5300.00
52ae.00
696a.a0
$324.80
$974.90
597x.70
PCC Undersidewalk Drain per City
Std. 107-A including removal of x1:00.00 :1:00,00 a3,ns.00 53,77:.00
az ~ 1 EA ezistin $4,260.00 aa,zso.oo $7:0.00 57:0.00
a3
zz0
sF 8" PCC Drive Approach incl. removal
of existln
$m.7o
.s2asa.0o 510.00 1 sza00.00 :10:0 1 s2,m0.00
~
$13.00
52,x:0.00
4a
35
sF Ic I ewa mcu mg
removal of ezistin
$a.o0
szfio.00
ss'o
:213:0
x6.00
1 s2e0.a0
$s.e0
:203.00
as
1
Ls
Traffic Control
$2,050.00
sz,oso.oo $1.000.OO EI,000.CO E)IO.OO 5]10.00 51,750.00 51,]5000
ACCa06 $A51P AT HBC IW.144Afl AAD BATH ET
46 1 LS MObIIIZall00 $235.00 5233.00 53:00.001 63,500.00 61,025.001 51,025.00 $1 75000 EI,>50.00
PCC Handicapped Ramp and
Retaining Curb including Detectable sws0 53,07x.00 :2x.00 ss,oee.00
47 212 SF Warnin SDrfaCe $7.50 51:90.00 $27.64 8:
902.00
lue own wi poxy range ,
a8
a
EA
Delineator
$95.00
$390.00 582.SOI $330.00 S15.C0 Y300.00
$mo.o0
:x00.00
Remove K-Rail and Relocate Sveet
a9
1
Ls
Name Sin
$300.00
:300.00 :1,:00.001 x1,:00.00 :700.001 :700.00
$1 :00.00
x1:00.00
so 1 Ls Traffic Control
$2.0:0.00
:2,0:0.00 31,000.001 51.000.00 :700.001 n0o.00 81,750.00
;„~ ~
aAStp 1, z, s w>W • on DarvswwY car a/5 asLl.SUa e/o 6Aea
LNa w
St
i
Ls
Mobilization $350.00 53:0.x0 :3:00.001 :3:00.00 sl,oz0ml 51,020.00
81,750.00
7:0.00
x1
sz
6
ToN AC Pavement incl. sawcutting and
removal of ezistin
$612.00
8x:7200
EIOO.OOI
$500.00
5255.00
EI,]28.00
$324.90 ,
a1,9a9.90
53
100
SF Construct Rockscape per City Std.
542, Casa 1
$15.50
;1::0.00 Ee.00 ~ se00.00 511.50 :1,150.00
$ifi.36
s1,53A.oo
12" PCC Curb and Gutter and portion
of Driveway including removal of 61 s.oo x:.100.00 alsso ss,lse.00
54 340 SF exl6tln $16.50 $6,290.00 $13.00 59
920
00
P Han icapped amp an ,
.
Retaining Curb including Detectable
Warning Surface and removal of s1ss0 x2920.00 svao su,lea.0o
ss 4eo sF exist. $11.90 ss,nz.00 $3z.e4 x1:,7:3.20
s6
ss
LF Reconstruct Retaining Wall (H=1.5')
includin removal of ezistin
$225.00
slza7s,o0 59:.001 5:,22:.00 :2::.001 aw,ozs.o0
$45.00
:2,97:.00
57
50
LF Reconstruct Retaining Wall (H=3'-5')
IDCDd10 removal of existln
$250.00
512500.00
5110.o0I
8:,500.x0
69x6.00
522,300.00
$45.00
52,230.00
68 6 LF 1081x11 4" SChd 4O PVC PI a $11.50 Sfi9 ~ 525.001 8150.00 E126,OOI 5]56.00 $16.66 599.96
59
1
LS
Traffic COO[f01
$2,050.00
sz.xsx.oo 51,00x.001 61.000.00 61,750001 :1,]80.00
$1,750.00
El 0:0.00
EASE B/D TOTALS 516],933.00 E1T1, 165J0 E1T],998.00 $191,]pG.001 6193,]83.92
i4
BID SUMMARY FOR 8ID OPENING APRIL 28,2009 H U u
FY 2008/2009 BUS BAY, DRIVEWAY AND ADA
ACCESS RAMP IMPROVEMENTS AT VARIOUS
c,r coxsTRBCT[oR HAITHRINx ABPR.v,'r PAVIRc
LOCATIONS - OEHTRV eROTHERe INC IRC
8/B IOOTBD.L W/O HAOR!
I ppry 8m COR88CTID
80 Q]4 HRR 088C88'1'f08 COBT
A•rO88T COST B11008T COBT BRO9BT AM098T
Clearing and Grubbing including all
misc. removals, excavatlons, grading 5x.,000.00 aa,oao.0o s3,e0o.oo s3.eoo.DO 55,000.00 $fi,aao.o0
1. 1 Ls and dis osal
2. 1 an Remove Tree sl,ooo.oo $i,000.ao 5300.00 $300.00 E60SOO $fios.oa
AC Pavement incl. sawcutting and
.3.
Iz
roN
removal of ezistin 5300.00 $3500,00 sns.oo ax,loo.00 s13s.0o $1,620.00
Construct Rockscape per Ciry Sttl.
a.
395
sF
542, Case 1 s~0.oo S3,>so.oD sl s.0o a4fiao.a0 slfi.>s s9.x99.Do
GOnSVUCl PCC Bus Bay including
gushed aggregate base per plan and 59.00 $la,lao.00 slzso 535,350.00 510.00 sxo,z0o.oo
5. zozo sF Ci Std. 119
4" Thick PCC Sidewalk incuding
s3so l , :3,$50.00 55.x5 1 s5,e>s.a0 $6.31 1 I sfi 9u w
5. 1IOD sF removal of ezistin
PCC Handicapped Ramp including :1x.00 1 s9>z.oo s9.w s>fi9so s1o.9> I saeas>
~ e1 sF Detectable Wamin Surface
$x0.00 $1,x00.00 512.00 $no.o0 51955 s1,na.Do
B so LF PCC Retainin Curb behind sidewalk
Relocate and Adjust Irrigation Control
9
1
en
Valve to Grade sl,ooo.oo sl,ooO.oD 5300.00 1 5300.00 :130.00 s13o.oD
Restore Landscaping including
Sa,ooo.oo sa,ooo.oo s3,fioo.oo s3s0D.oo ss>sm a6>s.00
l0 1 Ls Irri anon S stem to match ezistin
Install sVeet light conduit per SCE
DWO 6350-6705 incl. venching, sas0o.0o Sa,500.00 sfisoo.oo wsoo.oo 51o,zB3.a0 s1o,z53.0o
11 1 Ls backfillin ull ro es and materials
Install and Relocate Tratfic Signing sz,>oo.00 az,>oo.oo az,soo.oo l sz,soo.oo 51,351.001 51,351.00
lz 1 Ls and SVi in
53,000.00 53,000.00 $1,500.00 51,500.03 $>50:30I I 5]50.00
13 1 Ls Traffic ConVOI
8 B FOOT88.L W O ARCRIDALO
Baring an ru ing inc u ing a
misc. removals, excavations, grading 51a,o00.0o s1a,0o0.0o siso0.o0 :3500.00 ss,eDD:w :5,900.00
la 1 Ls and dis osal
AC Pavement incl. sawcutting and
15
a
roN
removal of ezistin :300.001 sz.>oo.oo svs.oo s1s>s.oD 3us.0o s1 a1s.o0
8" PCC Curb and 24" Gutter
16 109 LF inGutlin removal of ezistn 335.001 saaas.oo asset $5,995.00 53x.601 I s3p$es0
6"PCC Driveway Approach including c ~
n
Zee
sF
removal of exisEn uw al n
oo saso ax,am.oo am.1z 1 az.99aaz
4" Thick PCC Sidewalk including
18
1520
SF
remOVHI of eXlstin ~ onl $fi,oeo.o0 afi.oo ~ 39,1zo.oD sfi.31 $9,591.40
an icappe amp an
Retaining Curb including Detectable 510.00 s1.3>o.00 a9.oo S1,x31oD 5$.oa E1,1D6.9fi
19 139 SF Warnln $UrfaCe
zD
zz
LF
PCC Retainin Curb behind sidewalk $30.001 $660.D0 31 S.OO $330.00 E19.55 $x30.10
Adjust Traffc Signal Pull Boz to
d
G 5x00.001 $1,x00,00 5350.001 sl,oso.oo Sz>s.o0 5:x5.00
zl 3 EA ra
e
zz 1 en Adjust Electrical Box to Grade :x00.001 5x00.00 5350.001 5390 00 sz>s.DO sz>s.o0
Restore Landscaping including
23
1
LS
Irfl ati00 $ stem to match ezistin 33,000.001 $3,000.00 sa,s0o.oo sa,soo.oo 5z,9oam az,9oo.00
2a 1 Ls Traffic Contol az,o00.ooI 5x,000.00 54.300.001 5x,300.00 s1,30o.0o 51,800.00
W B verEr~rm B/0 889tH BT 1 1 1 1
eanng an ru mg me u ing a
misc. removals, excavations, grading 59,000.00 39,000.00 szaoo.oo 5x,300.00 53,x90.00 s3,zao.00
zs 1 Ls and dis 05x1
AC Pavement incl. sawcutting and
2e
z
roN
removal of ezistin 5500.00 $1,0w.o0 5x50.001 x500.00 sna~w :350.00
Construct Rockscape per Gily Std.
27 BB SF 542, Caea 7 - SZOO $686.00 E3600 53.528.00 E16A5 51,641.50
8" PCC Curb and 24" Gutter
28
39
LF
includin removal of ezistin 5x0.001 sl,aso.oD s>s.oo $x,ns.o0 5.3a6o1 s1,xo9.xo
29 x12 sF 4' Thick PCC Sidewalk 56.001 $2'a>x'~ sB'OOI 53.296.W B580.DO 52,399.601 $218,960.00
P165
BID SUMMARY FOR BID OPENING APRIL 28, 2009 t4 fl ~ u
FY 2008f2U09 BUS BAY, DRIVEWAY AND ADA
ACCESS RAMP IMPROVEMENTS AT VARIOUS CJ CONSTRUCTION HAITSRINR ASPHALT PAVING
LOCATIONS GEFTRY BROTHERS INC ~ INC
PCC Handicapped Ramp and
Retaining Curb including Detectable - Sao.oo s95o.0o SBO.oo s2ssD.DO Ezs.3l seats2
3o az sF Wamin Surface
Re ovate an ep ace raffic ull
'~~.00 Eboo.00 . 56,500.00 E5,$OD.OD S2>S.OD I I E2>$.OD
31 1 EA B0X
Relocate and Adjust Irriga0on ConVOI
32
1
EA
Valve [o Gfade ' sl,ooo.oo sl,ooo.o0 53soo.oD l s3soo.oo s3>s.oo l ~ 53>s.oo
Adjust Traffic Signal Pull Box to
33 i EA Grada EsO.W 550.00 ESDO.OD 5500.D0 E2>S.OO I 52>5.00
34 t EA Relocate Bus Bench slso.oD 51 so.oo ssoo.oD l ssoo.oD s5oo.oo l I ssoo.ao
35 1 LS ReOCate SI n5 5350.W 5350.00 E>50.00 I a>50.00 SJ45.OO I 5325.00
Restore Landscaping incuding
aLSOO.oo alsoo.oo sasoom s4,eoo,oo s2,>oo.DO a2,>oo.oo
36 t Ls Irri atlon S stem to match existin
37 4 EA Re lace Inductive Loo Detector saw.oo sa5oo.oo s3sso.oo sla,2oo.00 ~ saoo.oo a1.6oo.00
38 t Ls Traffc Control sl,ooo.DO sl,ooD.oo s3soo.oo $3,500.00 Etsoo.oo slsoo.oo
CARRBYW! 81BAffiITARY BCIIOOL DAMWAY AT >306 CARAaGA
AYE
39 t Ls Mobilization s>soo.oo s>soo.oo Szsoo.oo szsoo.oo sl.lso.oo St,150.00
ao t EA Remove Tree slso0.oo slsoo.oo sl,wo.oo sl,too.oo s5os,oo a6os.oo
A avement incl. sawcutting and
41 3 TON removal of existin saoo.oo sl.2oo.0o a2so.oo nso.oo ans.oo as2s.oo
PCC Undersidewalk Drain per City
Std. 107-A including removal of aeoo.oo aeoo.oo sbso.oo s6so.oo sa,996.00 58,996.00
42 1 EA eXISIlO
B" PCC Drive Approach incl. removal
514.00 S4,6a0.00 Et 3.001 54,860.00 SI2J0 I E4,>W.Oo
43 220 SF Ofe%IStlrl
is idewa k inGu ing
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P166
P167
STAFF REPORT ~ `'' ~
EN (i I N l'a ~:R I NG S IiR V I Clio Dl';TAR'I'MENT
RANCHO
Date: May 20, 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: Romeo M. David, Associate Engineer~y~.~-
Shelley Hayes, Assistant Engineer-i-A
Subject: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION
OF THE CONTRACT IN THE AMOUNT OF $341,974.00, TO THE APPARENT LOW
BIDDER, INTERNATIONAL PAVEMENT SOLUTIONS INC., AND AUTHORIZE THE
EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $34,197.40, FOR
THE HILLSIDE ROAD PAVEMENT REHABILITATION FROM WEST CITY LIMIT TO
BERYL STREET TO BE FUNDED FROM PROPOSITION 1B FUNDS, ACCOUNT
NOS. 1 1 94 3035650/1 6821 94-0 AND 1 1 943035650/1 71 31 94-0 AND APPROPRIATE
$210,000.00 TO ACCOUNT NO: 11943035650/1682194-0 AND $210,000.00 TO
ACCOUNT NO. 1 1 9430356 50/1 71 31 94-0 FROM PROPOSITION 1 B 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 $341,974.00, to the apparent low bidder, International
Pavement Solutions Inc., and authorize the expenditure of a 10% contingency in the amount of
$34,197.40, for the Hillside Road Pavement Rehabilitation from West City Limit to Beryl Street to be
funded from Proposition 16 Funds, Account Nos. 11943035650/1682194-0 and
1 1 94 303 56 50/1 71 3 1 94-0 and appropriate $210,000.00 to Account No. 11943035650/1682194-0
and $210,000.00 to Account No. 1 1 94303 5650/1 71 3 1 94-0 from Proposition 1 B Fund balance.
BACKGROUND/ANALYSIS
Per previous Council action, bids were solicited, received and opened on May 5, 2009, for the
subject project. The Engineer's estimate for the base bid was $511,733.00. 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 and inspection.
The scope of work consists of cold milling, asphalt concrete pavement, ARHM overlay, curb and
gutter, adjust all utilities to new grade, installation of striping and raised pavement markers. The
contract documents call for thirty (30) working days to complete this construction.
R/esp7ectfully ~bm~ted~ / /
~~~m /'~
Mark A. Steuer
Director of Engineering Services/City Engineer
MAS/RMD/SH:Is
Attachments
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P173
STAFF REPORT -
PUBLIC WORKS SERVICES DEPARTMLNT
Date: May 20, 2009 RANCHO
~UCAMONGA
To: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
From: Dave Blevins, Contract Public Works Services Director
By: Emest Ruiz, Streets, Storm Drains and Fleet Superintendent
Paul Fisher, Management Aide
Subject: ACCEPT THE BIDS RECEIVED, AWARD AND AUTHORIZE THE EXECUTION OF A
• CONTRACT EFFECTIVE JULY 1, 2009 THROUGH JUNE 30, 2010 WITH JDC, INC.
OF RANCHO CUCAMONGA FOR THE "CITYWIDE CONCRETE REPAIR, TREE
REMOVAL AND TREE PLANTING ANNUAL MAINTENANCE AGREEMENT" TO BE
FUNDED FROM MEASURE "I" FUND 1176303-5300 AND AUTHORIZE THE CITY
MANAGER OR HIS/HER DESIGNEE TO ADJUST THE SPENDING LIMIT OF SAID
CONTRACT ON AN AS NEEDED BASIS IN ACCORDANCE WITH THE APPROVED
PUBLIC WORKS SERVICES DEPARTMENT CONCRETE CONTRACT BUDGET LINE
5300 AND AUTHORIZE THE CITY MANAGER OR HIS/HER DESIGNEE TO RENEW
SAID CONTRACT UPON MUTUAL CONSENT FOR ADDITIONAL ONE (1) YEAR
PERIODS.
RECOMMENDATION
It is recommended that the City Council accept the bids received, award and authorize the
execution of a contract with JDC, Inc. of Rancho Cucamonga for the "Citywide Concrete Repair,
Tree Removal And Tree Planting Annual Maintenance Agreement' to be funded from Measure "I"
Fund 1176303-5300 and authorize the City Manager orhis/her designee to adjust the spending limit
of said contract on an as needed basis in accordance with the approved Public Works Services
Department Concrete Contract budget line 5300 and authorize the City Manager or his/her
designee to renew said contract upon mutual consent for additional one (1) year periods.
BACKGROUND ANALYSIS
Bids for the subject project were solicited per previous Council action and were opened in the office
of the City Clerk at 2:00 P.M. on April 14, 2009 (see attached Bid Summary). Fifteen prospective
bidders attended the pre-bid conference. Six bids were received and staff has reviewed all bid
documents and found JDC, Inc. of Rancho Cucamonga to be the lowest responsive, responsible
bidder. This maintenance contract may be extended for one-year periods by agreement between
the City Manager orhis/her designee and the Contractor. City staff recommends the contract be
awarded to JDC, Inc.
Respectfully Sub tte
Dave Blevins
Contract Public Works Services Director
DB:ER:sm
P 174
BID SUMaIARY FOR BID OPENING APRIL H,
2009
APPARENr LUW BIDDER
i
Cip~wide Concrete Repaiq Tree Removal
and Trcc 12eplucement Annual
\tain[enance A rcement
Bud efed Amount
JDC Inc.
NEW LEGACY COI2P
UMT HID UNIT llNIT BID
NO QTY UNIT DE6CmPT10N COST AMOUNT COST AMOUNT CO6T AMOUNT
1. 1 LS Weighted Total Bid $200,000.00 $200,000.00 $60,586.00 $60,586.00 61,354.00 $61,354.00
TOTAL 8200,000.00 880,586.00 361,354.00
RID SUMMARY FOR RID OPENING APRIL 14,
2(109 J d 6
Citye~ide Concrete Repaiq Trce Removal
and Tree Replacement Annual
b7ainlenance A rcement FS Construction Yakar Gent Brofhens Inc.
UNIT UNIT VNrr
NO TY UNIT DESCRIPTION COST AMOUNT CO6T AMOUNT COBT AMOUNT
1. 1 LS Weighted Total Bid $70,615.00 $70,615.00 75,930.00 575,930.00 $81,510.00 $81,510.00
TOTAL 3'!0,615.00 $'15,930.00 361,5ID.00
RID 811 D111AR\' FOR BID OPENING .\PRIL I'4,
20D9 6 7 e
Ci[ye~ide Concrete Repair, 'tree 12emoval
and "tree Replacement Annual
:Ylaintenance A reemeni Gri Dlla end Sons
UNIT UNIT UNIT
NO QTY UNIT DE6CRIPiTON COST AMOUNT COST AMOUNT CO6T AMOUNT
1. Weighted TOfal Bid $84,138.00 $84,138.00
TOTAL 386,138.00
Notes:
1. Bidder number two, New Legacy Corporation, was non-responsive. Bidder submitted substitute, forms
with proposal.
2. Bidder number three, FS Construction, was non-responsive. Proposal was missing line items and two
addendums.
P175
STAFF REPORT
ENGINEERING SERVICES DEPART6IENT ~!'~J-!'~
.
-
7
N
`
7
~
Date: May 20, 2009 ~
-
AN'
vC
R
H
r0
CUCAMONGA
To: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
From: Mark A. Steuer, Director of Engineering ServiceslCity Engineer
By: Trina Valdez, Public Services Technician II
Subject: APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR DRC2005-
01060, LOCATED AT THE SOUTHERN CUL-DE-SAC TERMINUS OF SIERRA
MADRE AVENUE (SOUTH ON NINTH.STREET), SUBMITTED BY NATIONAL
COMMUNITY RENAISSANCE OF CALIFORNIA
RECOMMENDATION
It is recommended that City Council adopt the attached resolution accepting the subject
agreement extension and security and authorizing the Mayor and City Clerk to sign said
agreement.
BACKGROUND/ANALYSIS
Improvement Agreement and Improvement Security to guarantee the construction of the public
improvements for DRC2005-01060 were approved by the City Council on May 7, 2008, in the
following amounts:
Faithful Performance Bond: $ 113,200.00
Labor and Material Bond: $ 113,200.00
Due to unexpected construction delays, the improvements have not been completed. The
developer, National Community Renaissance of California, is requesting approval of a 12-month
extension on said improvement agreement. Copies of the Improvement Agreement Extension
are available in the City Clerk's office.
Respectively submitted,
D /r~
euer
Director of Engineering Services/City Engineer
MAS:TLV:alrw
Attachments
:
,: .
s
r...:
Trina Valdez
City of Rancho Cucamonga
Engineering Department
1000 Civic Center Dr.
Rancho Cucamonga, CA 91729-0807
Subject: Improvement Agreement Extension for DRC2005-01060
Deaz Ms. Valdez,
We are requesting an extension for the Improvement Agreement DRC200~-01060,
which is due to expire on May 7, 2009. The improvements are nearly complete, but we
experienced some construction delays at the beginning of the project. W"e expect them
to be fully complete by July 1, 2009.
,`, I have attached the Improvement Agreement Extension signed and notazized in
~ `;.; triplicate, along with a check for the processing fee of $298.00. If you need further
?`'. information; please contact me at (909) 291-1400 x 116.
P176
s
0065 Haven Gvenue. Suite i00. Rancho Cucamov ga. CA 91 v30
909.40J.2444 F'ax' 905.483.1498 nutionalcore.o rg
P177
VICINITY MAP for DRC2005-01060
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City of
Rancho Cucamonga
ENGINEERING
DIVISION
Item: Vicinity Maw
Title: DRC2005-01060
EXHIBIT: 1
l
P178
RESOLUTION NO. C19 -~ ~~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
IMPROVEMENT AGREEMENT EXTENSION AND
IMPROVEMENT SECURITY FOR DRC2005-01060
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has
for its consideration an Improvement Agreement Extension executed on May 20, 2009, by
National.Community Renaissance of California, as developer, for the improvement of
public right-of-way adjacent to the real property specifically described therein, and
generally located at the southern cul-de-sac terminus of Sierra Madre Avenue (South on
Ninth Street); and
WHEREAS, the installation of such improvements, described in said
Improvement Agreement and subject to the terms thereof, is to be done in conjunction
with the development of said DRC2005-01060; and
WHEREAS, said Improvement Agreement Extension is secured and
accompanied by good and sufficient Improvement Security, which is identified in said
Improvement Agreement Extension.
NOW; THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, HEREBY RESOLVES, that said Improvement Agreement Extension and
said Improvement Security be and the same are hereby approved and the Mayor is
hereby authorized to sign said Improvement Agreement Extension on behalf of the City of
Rancho Cucamonga, and the City Clerk to attest thereto.
P179
STAFF REPORT ~ '
ENGINEERING SERVICES DEPARTbffiNT 1
RANCHO
Date: May 20, 2009. ~iUCAMONGA
To: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
From: Mark A. Steuer, Director of Engineering Services/City Engineer
By: Trina Valdez, Public Services Technician II
Subject: RELEASE OF MAINTENANCE GUARANTEE CASH DEPOSIT FOR DRC2003-00184,
LOCATED ON THE NORTH SIDE OF VALLEY VIEW STREET, SUBMITTED BY
AMETHYST ESTATES, LLC
RECOMMENDAl10N
It is recommended that City Council authorize the City Clerk to release the Maintenance Guarantee
Cash Deposit, for DRC2003-00184, located on the north side of Valley View Street, submitted by
Amethyst Estates, LLC
BACKGROUND/ANALYSIS
The required one-year maintenance period has ended and the street improvements remain free
from defects in materials and workmanship.
DEVELOPER Amethyst Estates, LLC
8105 Irvine Center, Suite 800
Irvine, CA 92618
Release: Maintenance Guarantee Cash Deposit #CR117095 $400.00
Respectfully submitted,
ar<` euer M
Director of Engineering Services/City Engineer
MAS:TLV
Attachment
P180
~/ T~
- ~
. Vi4LLBy V/EVl/ ~$'T,
~I ~ .
~ ~I
- ,-
///LL S/DE ~QO,q,~ t
~ ~.
v
-« ~ e
lNiG ~ro/v ~ uE
I~
s
N!
CITY OF
RANCHO CUCAMONGA
ENGINEERING DMSION
ITEM: ~~'~jZ~/OOy~ - 0~~~
TITLE: ~~l~j°~~~-~
P181
STAFF REPORT ~ '
ENGINEERING DEPARTMENT 1
RANCHO
Date: May 20, 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, RETAIN THE FAITHFUL PERFORMANCE BOND IN
LIEU OF A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR
IMPROVEMENTS FOR DRC2006-00692, LOCATED ON THE SOUTH SIDE OF
ARROW ROUTE BETWEEN PECAN AVENUE AND HICKORY AVENUE,
SUBMITTED BY RANCHO ARROW HIGHWAY, LLC
RECOMMENDATION:
The. required improvements for Rancho Arrow 'Highway, LLC 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 Rancho Arrow Highway, LLC, located on the south side
of Arrow Route between Pecan Avenue and Hickory Avenue, the applicant was required to
complete street improvements. The improvements have been completed and it is recommended
that the City Council retain the existing Faithful Performance Bond in lieu of a Maintenance Bond.
Respectfully submitted,
?'~-
ark .Steuer
Director of Engineering Services/City Engineer
MAS:TLV
Attachment(s)
P182
City of
Rancho Cucamonga
ENGINEERING
DIVISION
NOT TO SCALE
Item: Vicinity Mai
Title: DRC2006-00692
EXHIBIT: 1
P183
RESOLUTION NO. ~ / - G S7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE
PUBLIC IMPROVEMENTS FOR DRC2006-00692 AND
AUTHORIZING THE FILING OF A NOTICE OF COMPLETION
FOR THE WORK
WHEREAS, the construction of public improvements for DRC2006-00692 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.
P184
STAFF REPORT
ENGINEERING SERVICES DEPARTMENT
RANCHO
Date: May 20, 200,9 C,UCAMONGA
To: Mayor and Members of the City Council
Jack Lam, AICP, City Manager'
From: Mark A. Steuer, Director of Engineeri~nlgpS~ervices/City Engineer
By: Jon A. Gillespie, Traffic Engineer~f7"71~3
Shelley Hayes, Assistant Engineer J ~ ,
Subject: ACCEPT THE CONSTRUCTION OF TRAFFIC SIGNAL INTERCONNECTION
SYSTEM AT 23 LOCATIONS PROJECT, CONTRACT N0. 08-052 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 $217,718.19
RECOMMENDATION
It is recommended that the City Council accept the Traffic Signal Interconnection System at 23
Locations project, Contract No. 08-052, 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 $239,980.00 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
$21,771.82, 35 days after acceptance. Also,.approve the final contract amount of $217,718.19.
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 Traffic Signal Interconnection System at 23 Locations project scope of work consisted of
construction and modification of traffic signals and safety lighting, including pertinent signing and striping
changes. Pertinent information of the project is as follows:
`/ Budgeted Amount: $292,000.00
Account Numbers: 11243035650/1591124-0; 1 1 24 30356 50/1 5821 24-0
and 11243035650/1592124-0
~ Engineer's Estimate: $218,375.00
City Council Approval to Advertise: March 19, 2008
Publish dates far local paper: March 27 and April 1, 2008
r Bid Opening: April 8, 2008
Contract Award Date: May 7, 2008
P185
CITY COUNCIL STAFF REPORT
Re: Accept Traffic Signal Intercohnection System at 23 Locations project
May 20, 2009
Page 2
Low Bidder:
Contract Amount:
10% Contingency:
~ Final Contract Amount:
~ Difference in Contract Amount:
V T Electric Inc.
$239,980.00
$23,998.00
$217,718.19
-($22,261.81) -(9.28%)
The net decrease in the total cost of the project is a result of three (3) Contract Change Orders
including Contract Change Order No. 3 (Balancing Statement). The notable changes that were
significant to the decrease of the Contract were 1450. less linear feet of 2" rigid steel conduit were
required than were originally bid which is accounted for in the Balancing Statement.
Res ull~ mitte
Mark . Steuer
Director of Engineering Services/City Engineer
MAS/JAG/SH:Is
Attachments
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P187
RESOLUTION NO. 09- ~g O
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE
CONSTRUCTION OF TRAFFIC SIGNAL INTERCONNECTION
SYSTEM AT 23 LOCATIONS PROJECT, CONTRACT NO. 08-
052 AND AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
WHEREAS, the Construction of Traffic Signal Interconnection System At 23
Locations, Contract No. 08-052, 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 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
F.NGINEL'RING SERPICES DEPARTb'fENT
Date: May 20, 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: Walt Stickney, Associate Engineeru~
Shelley Hayes, Assistant Engineer
P188
RANCHO
C,,UCAMONGA
Subject: ACCEPT THE PACIFIC ELECTRIC TRAIL PHASE V IMPROVEMENTS, CONTRACT
NO. 08-093 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 $1,135,978.11
RECOMMENDATION
It is recommended that the City Council accept the Pacific Electric Trail Phase V, from 1200 feet
east of Etiwanda Avenue to east city limit improvements, Contract No. 08-093, as complete,
authorize the City Engineer to file a Ndtice of Completion, retain the Faithful Performance Bond as
a Guarantee Bond, authorize the release of the Labor and Materials Bond in the amount of
$993,284.00 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 $113,597.81, 35 days after acceptance. Also,
approve the final contract amount of $1,135,978.11.
BACKGROUNDIANALYSIS
The subject project has been completed in accordance with the approved plans and specifications
and to the satisfaction of the City Engineer.
The Pacific Electric Trail Phase V, from 1200 feet east of Etiwanda Avenue to east city limit
improvements scope of work consisted of installation of P.C.C. trail and a decomposed granite trail,
installation of trail lights and a traffic signal at Etiwanda Avenue, installation of landscaping and
hardscaping, etc., plus some additional work on Phases 1, 2 and 3 of the Pacific Electric Inland
Empire Trail -Amethyst Avenue to 1200' east of Etiwanda Avenue. Pertinent information of the
project is as follows:
Budgeted Amount: $1,202,600.00
Account Numbers: 11923035650/1612192-0, 1214035650/1612214-0,
11203055650/1612120-0, 11763035650/1612176-0
and 2650801-5650/1612650-0
Engineer's Estimate: $1,059,563.50
City Council's Approval to Advertise: May 7, 2008
Publish dates for local paper: May 16 and 22, 2008
CITY COUNCIL STAFF REPORT
Re: Accept Pacific Electric Trail Phase V Improvements
May 20, 2009
Page 2
Bid Opening:
Contract Award Date:
Low Bidder:
Contract Amount:
10% Contingency:
Final Contract Amount:
Difference in Contract Amount:
June 24, 2008
July 16, 2008
Grand Pacific Contractors Inc.
$993,284.00
$99,328.40
$1,135, 978.11
$142,694.11 (14.37%)
The net increase in the total cost of the project is a result of six (6) Contract Change Orders
including the Balancing Statement. The notable changes that were significant to the increase of the
Contract amount were Contract Change Order Nos. 1 to 4 which required the contractor to
purchase and install a staging area paved with Nexpave and header curb as well as a Rest Area
including benches, trees, irrigation, a drinking fountain and bicycle racks at Central Park; additional
work to install rest areas at Haven Avenue, Day Creek Boulevard and Archibald Avenue; also
installed temporary fencing at the easterly City limits; additional work at Hermosa Avenue to
alleviate local drainage problems and additional work at Etiwanda Avenue to alleviate local
drainage problems, demo and replace existing concrete panels and curb, and removal and
replacement of a block wall rail. The Balancing Statement accounted for the minor increases and
decreases in the project quantities.
Respectful,ly~submitted,
r/,/~v~//' ~~
~~
Mark A. Steuer
Director of Engineering Services/City Engineer
MASNVS/SH:Is
P189
Attachments
PRO.iECT
Vicinity Map
Pacific Electric Inland Empire Trail
Phase
east of Etiwanda Ave. to I-1 ~ Free~~~ay
P190
P191
RESOLUTION NO. D9" ~ ~ /
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE
PACIFIC ELECTRIC TRAIL PHASE V IMPROVEMENTS,
CONTRACT NO. 08-093, AND AUTHORIZING TFiE FILING OF A
NOTICE OF COMPLETION FOR THE WORK
WHEREAS, the Pacific Electric Trail Phase V improvements, Contract No. 08-
093, has been completed to the satisfaction of the City Engineer; and
complete.
WHEREAS, a Notice of Completion is required to be filed, certifying the work
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 DEPARTbIENT
Date: May 20, 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: Betty Miller, Associate Engineer
P192
~~
RANCxo
C,,UCAMONGA
Subject: APPROVAL TO RELEASE THE LETTER OF CREDIT FOR PARCEL MAP 16951,
LOCATED ON THE WEST SIDE OF HELLMAN AVENUE, APPROXIMATELY 1,100 FEET
NORTH OF CHURCH STREET, SUBMITTED BY REINY AND DIANE SCHNEIDER
RECOMMENDATION
It is recommended that the City Council authorize the City Clerk to release the Letter of Credit for Faithful
.Performance and Labor and Materials.
BACKGROUND/ANALYSIS
Tentative Parcel Map 16951 located at 7510 Hellman Avenue, in the Low Residential Development
District, was approved by the Planning Commission on July 13, 2005, for the subdivision of 1.28 acres
into three lots.
On November 1, 2006, City Council approved the final Parcel Map, improvement agreement and
improvement securities submitted by the Developer, Reiny and Diane Schneider, for the installation of
frontage parkway improvements on Hellman Avenue and for completion of a cul-de-sac bulb on
Eiger Way. Improvement Certificates on the Parcel Map require installation of Hellman Avenue
improvements upon development of either Parcel 1 or Parcel 2 and the completion of Eiger Way upon
development of Parcel 3.
On September 28, 2006, a permit was issued for construction of the public improvements. Hellman
Avenue frontage improvements, including the joint drive approach for Parcels 1 and 2, sidewalk, one
curbside drain outlet and asphalt pavement, were completed in November of 2006. In October of 2007,
the Developer opted to not extend the improvement agreement due to a lack of demand for new houses
in the current economic climate. Parcels 2 and 3 remain vacant at this time.
Oh April 3, 2009, the Federal Deposit Insurance Corporation (FDIC) sent a letter to the City of Rancho
Cucamonga indicating the institution that had issued the Letter of Credit as security for the expired
improvement agreement had been closed as of November 7, 2008. The FDIC is now demanding the
immediate return of the original letter of credit.
Hellman Avenue frontage improvements, exclusive of street trees, have been completed in an
acceptable manner since November of 2006. We have placed a hold on the construction permit
(ROW2006-00802) requiring submittal of a new improvement agreement and securities before any
additional construction activities can commence.
P193
PARCEL MAP 16951
MAY 20, 2009
PAGE 2
It is recommended the City Council release the existing Letter of Credit and the City Clerk return same to
the Federal Deposit Insurance Corporation, as Receiver of Security Pacific Bank, at 845 N. Euclid Street,
Ontario, CA 91762, to the attention of Mitch Overmiller.
Developer: Reiny and Diane Schneider
Release: Improvements -Faithful Performance
Release: Improvements -Labor and Materials
Letter of Credit No. 13-SB-4710 $20,800.00
Letter of Credit No. 13-SB-4710 $20,800.00
Total: $41,600.00
Respectfully submitted ~
~~
Mark A. Steuer
Director of Engineering Services/City Engineer
MAS/BAM:rIc
Attachments: Vicinity Map
Letter from FDIC dated April 3, 2009
Letter from Reiny Schneider received October 22, 2007
P194
Vicinity .Map
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ITEM: Parcel Map 16951
TITLE: Vicinity Map
EXHIBIT "A"
City of Rancho Cucamonga
FDIC
Federal Deposit Insurance Corporation
845 North Euclid Streer
Ontario, CA 91762
Wp>~OFn
=W~ ID]3 OiZ P195
aq'NCE CvPPOPe
Division of Resolutions and Receiverships
April 3, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RECEIPT NO. 7105 4522 6440.4000 0743
City of Rancho Cucamonga
Attn: City Engineer
10500 Civic Center
Rancho Cucamonga, CA 91729-0807
Subject: 10020 -Security Pacific Bank
Los Angeles, CA - In Receivership
Closing Date: November 7, 2008
Claims Baz Date: Ninetv Davs From Date of This Letter
Standby Letter of Credit No.SBLC 900123 - Reinv & Diane D. Schneider
Dear Sir or Madam:
The above-captioned institution (the `'Institution") was closed on the Closing Date
referenced above and the Federal Deposit Insurance Corporation was appointed as receiver
of the Institution (the `'Receiver"). Under the laws of the United States, the Receiver is
charged with the duty of winding up the affairs of the Institution. In order to achieve this
goal, the Receiver is given the right under 12 U.S.C. Section 1821(e) to repudiate
undertakings entered into by the Institution where it finds such undertakings to be
b~sdensome and where such repudiation will promote the orderly administration of the
Institution's affairs.
The Institution's records indicate that you may be a beneficiary of a letter of credit as
referenced above. The Receiver has determined the above-described letter of credit is
burdensome and that disaffitmance of said letter of credit will promote the orderly
administration of the Institution's affairs. The purpose of this letter is to inform you that the
Receiver has elected to disaffirm the above-referenced letter of credit to the full extent, if
any, that it represents an enforceable obligation of the Institution or the Receiver.
You may determine that the Receiver's decision to disaffirm your letter of credit
gives you a claim against the receivership estate. If so, you must file a Proof of Claim in
writing, together with proof thereof, by the Claims Bar Date referenced in the caption
P196
hereof. A Proof of Claim form may be obtained by contacting a Claims Agent at (972) 761-
86~7
Under federal law, with certain limited exceptions, failure to file claims by the
Claims Bar Date will result in disallowance by the Receiver, the disallowance will be
final, and further rights or remedies with regard to claims will be barred.
The Receiver hereby demands the immediate return of the original letter of credit.
The original letter of credit should be delivered to the Receiver at the following address by
no later than 4/17/09.
Federal Deposit Insurance Corporation
As Receiver of Securiiy Pacific Bank
845 N. Euclid Street
Ontariq CA 91762
ATTN: Mitch Overmiller
If you have any further questions concerning the claims process, you may direct
your inquiry to the Receiver at the address provided.
Federal Deposit Insurance Corporation
Receiver for Security :Pacific Bank
Ernest Leos
Post Closing AsseYManager
cc:
Receiver-in-Charge: Robert Schoppe
Claims Agent: Teresa Koechel
Legal Dept: Preston Pulliam
P197
OCT 2 2 2UC
2036 Winston Ct CIlY OF RANCHO CUCAMONaA
Upland, Ca ENGINEERING DIVISION
October 16,2007
The City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, Ca 91729
SUBJECT: Improvement Agreement for Parcel Map 16951
Deaz City,
As per my conversation with Trina Valdez this morning, it is my understanding that I
need not make a formal request to the city for a tune extension at this time.
With the residential housing market as it presently is, I do not plan to do any additional
work at that site until the demand for new homes is much improved.
Sincerely yours,
i (~~ ~~c.lUrilC~r
Reinv Schneider.
STAFF REPORT
PLANNING DEPARTMENT
RANCHO
C,UCAMONGA
Date: May 20, 2009
To: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
From: James R. Troyer, AICP, Planning Director
By: Candyce Burnett, Senior Planner
Subject: SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT DRC2008-00381 AND
VICTORIA COMMUNITY PLAN AMENDMENT DRC2008-00383 -FOREST CITY
ENTERPRISES, INC. - A proposed amendment to the text of the Victoria
Community Plan to accommodate changes to the Victoria Gardens Master Plan
(VGMP) and to clarify that the VGMP shall control the land uses in the VGMP area
for the Victoria Gardens Regional Mixed Use Lifestyle Center, located in the eastern
portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the
south, Church Street to the north, Day Creek Boulevard to the west and Interstate I-
15 to the east. Related Files: Environmental Impact Report DRC2008-00381,
General Plan Amendment DRC2008-00384, Victoria Arbors Master Plan
Amendment DRC 2009-00146, Victoria Gardens Master Plan Amendment
DRC2009-00145 and Development Agreement Amendment DRC2008-00385.
SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT DRC2008-00381 AND
VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2009-00145 -FOREST
CITY ENTERPRISES, INC.- A proposed amendment to the Victoria Gardens Master
Plan (VGMP) modifying "Permissible Building Areas" to reallocate Dwelling Unit and
Commercial Office square footage, increase the average building heights and
change building setback requirements within the Main Street Area, and clarifying
permitted and conditionally permitted uses within the VGMP, located in the eastern
portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the
south, Church Street to the north, Day Creek Boulevard to the west and Interstate I-
15 to the east. Related Files: Environmental Impact Report DRC2008-00381,
General Plan Amendment DRC2008-00384, Development Agreement Amendment
DRC2008-00385, Victoria Community Plan Amendment DRC2008-00383, Victoria
Arbors Master Plan Amendment DRC 2009-00146.
SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT DRC2008-00381 AND
VICTORIA ARBORS MASTER PLAN AMENDMENT DRC2009-00146 -FOREST
CITY ENTERPRISES, INC - A proposed amendment to the text of the Victoria
Arbors Master Plan to include references to the VGMP and clarify that the VGMP
shall control the land uses in the VGMP area for the Victoria Gardens Regional
Mixed Use Lifestyle Center, located in the eastern portion of the City of Rancho
Cucamonga bordered by Foothill Boulevard to the south, Church Street to the north,
Day Creek Boulevard to the west and Interstate I-15 to the east. Related Files:
Environmental Impact Report DRC2008-00381, General Plan Amendment
DRC2008-00384, Victoria Community Plan Amendment DRC2008-00383, Victoria
P198
P199
CITY COUNCIL STAFF REPORT
DRC2008-00381 -FOREST CITY ENTERPRISES, INC.
May 20, 2009
Page 2
Gardens Master Plan Amendment DRC2009-00145, and Development Agreement
Amendment DRC2008-00385.
A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT DRC2008-00381 AND
"DEVELOPMENT AGREEMENT AMENDMENT DRC2008-00385 -FOREST CITY
ENTERPRISES, INC. - A proposed amendment to Development Agreement DA01-
02 to incorporate General Plan Amendment DRC2008-00384; Victoria Community
Plan Amendment DRC2008-00383; Victoria Arbors Master Plan Amendment
DRC2009-00146 and Victoria Gardens Master Plan Amendment DRC2009-00145
into the vested rights applicable to the Victoria Gardens Regional Mixed Use
Lifestyle Center, located in the eastern portion of the City of Rancho Cucamonga
bordered by Foothill Boulevard to the south, Church Street to the north, Day Creek
Boulevard to the west and Interstate I-15 to the east. Related Files: Environmental
Impact Report DRC2008-00381, General Plan Amendment DRC2008-00384;
Victoria Community Plan Amendment DRC2008-00383, Victoria Arbors Master Plan
Amendment DRC 2009-00146, and Victoria Gardens Master Plan Amendment
DRC2009-00145.)
RECOMMENDATION: Staff recommends that the City Council affirm their initial action taken
on May 6, 2009, to approve the amendments as described below through adoption of the
following Ordinances:
1. Ordinance approving Victoria Community Plan Amendment DRC2008-00383; and
2. Ordinance approving Victoria Arbors Master Plan Amendment DRC2009-00146; and
3. Ordinance approving Victoria Gardens Master Plan DRC2009-00145; and
4. Ordinance approving the third amendment to Development Agreement (DA01-02)
DRC2008-00385.
Respectfully submitt ,
Jam Troyer, AICP
Plan ng Director
JT:CB/Is
P200
ORDINANCE NO. 813
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA
COMMUNITY PLAN AMENDMENT DRC2008-00383 CHANGING
THE RESIDENTIAL AND COMMERCIAL STANDARDS AND
MODIFYING VARIOUS TEXT IN THE COMMUNITY PLAN TO
ACCOMMODATE THE AMENDED VICTORIA GARDENS MASTER
PLAN ON APPROXIMATELY 174 ACRES OF LAND AND IS
GENERALLY BOUNDED BY CHURCH STREET TO THE NORTH,
FOOTHILL BOULEVARD TO THE SOUTH, I-15 TO THE EAST,
AND DAY CREEK BOULEVARD TO THE WEST, AND MAKING
FINDINGS IN SUPPORT THEREOF.
A. Recitals
1. Forest City Development California, Inc. filed an application for Victoria Community
Plan Amendment DRC2008-00383 as described in the title of this Resolution. Hereinafter in this
Resolution, the subject application is referred to the "the application."
2. The property subject to the application (hereinafter, the "subject property") is
comprised of approximately 174 acres of land, generally bounded by Church Street to the north, the
I-15 Freeway to the east, Foothill Boulevard to the south, Day Creek Boulevard to the west. Said
property is currently designated as Mixed Use.
3. The property to the north of the subject property is designated Mixed Use, and is
partially developed with a winery and single-family residential development. The property to the
west is designated Mixed Use, and is developed with multi-family residential units. The I-15
Freeway lies immediately to the east with the land further east designated Low-Medium Residential
and Medium Residential within the Etiwanda Specific Plan, and Regional Related Commercial.
Foothill Boulevard lies to the south, beyond which the land is developed with commercial uses and
designated Regional Related Office/Commercial.
4. Development of the subject property is governed by the Victoria Gardens Master
Plan, the Victoria Arbors Master Plan, the Victoria Community Plan, the City's General Plan, and a
development agreement between the City and the applicant.
5. Subsequent to the 2002 approval of the Victoria Gardens Master Plan, approximately
52% (36% built and 16% approved but not built) of the approved residential dwelling units and 57%
of the approved commercial, office, and civic uses included in the Victoria Gardens Master Plan
have been.completed.
6. Concurrent with this application, the applicant has also applied for Victoria Gardens
Master Plan Amendment DRC2009-00145, Victoria Arbors Master Plan Amendment DRC2009-
00146, General Plan Amendment DRC2008-00384 and Development Agreement Amendment
DRC2008-00385. The purpose of these other applications is to allow the development of residential
uses in the Main Street Area, increase the average height in the Main Street Area to 120 feet, with a
maximum of 160 feet, amend the building setback requirements forthe Main Street Area, and clarify
permitted and conditionally permitted uses within the Victoria Gardens Master Plan area.
7. As shown in the attached Exhibit "A," the application proposes to amend the text of
the Victoria Community Plan to accommodate the proposed amendments to the Victoria Gardens
Master Plan.
Ordinance No. 813
Page 2 of 6
P201
8. On February 20, 2002 and in accordance with the California Environmental Quality
Act ("CEQA"), the City certified Environmehtal Impact Report SCH No. 2001031028 (EIR), which
analyzed the potential environmental impacts of the original Victoria Gardens Master Plan. As the
Lead Agency, the City considered the information in the EIR before approving the Victoria Gardens
Master Plan. At that time, the City Council also adopted a Statement of Facts and Findings and
Overriding Considerations for the Victoria Gardens Master Plan, which is hereby incorporated by this
reference. The Statement found that the economic, social, or other benefits of the Victoria Gardens
Master Plan outweighed the significant and unavoidable impacts identified in the EIR.
9. Based on an Initial Study, comments received during the public review of the Initial
Study, and comments received during the public scoping meeting, the City determined the changes
to the Victoria Gardens Regional Lifestyle Center proposed by the application and the related
applications are substantial and required further environmental analysis with respect to aesthetics
and air quality. The City further determined that a supplemental EIR would make the previous EIR
adequately apply to the application.
10. Pursuant to CEQA Guidelines, Section 15082, the City published a Notice of
Preparation (NOP) of a Draft Supplemental EIR (SEIR) for the project, and circulated the NOP to
governmental agencies, organizations, and persons who may be interested in the project, including
nearby landowners, homeowners, and tenants. When the Draft SEIR was complete, the City
circulated it for public review and comment for 45 days. The City has responded to the two sets of
written comments regarding the Draft SEIR that were received during the public review period.
Those comments and the City's responses are included as Appendi;t C to the Final Supplemental
EIR/Response to Comments document (SCH#20010131028) ("Final SEIR").
11. On April 8, 2009, the Planning Commission conducted a duly noticed public hearing
on the application and concluded said hearing on that date, after which the Planning Commission
adopted Resolution 09-11, which recommended certification of the Final SEIR, adoption of Findings
and Statement of Overriding Considerations, adoption of the Mitigation Monitoring and Reporting
Program found in Exhibit "B" to this Ordinance, as conditions of approval, and approval of the
application.
12. On May 6, 2009, the City Council conducted a duly noticed public hearing and
considered the application and the Final SEIR as prescribed by law, and certified the Final SEIR,
and adopted Findings pursuant to CEQA, a Statement of Overriding Considerations, and a
Mitigation Monitoring and Reporting Program.
13. On May 6, 2009, the City Council conducted a duly noticed public hearing on the
application, and all interested persons were given an opportunity to present oral and written
evidence regarding the application and the Final SEIR and concluded said hearing on that date.
14. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Ordinance.
NOW, THEREFORE, it is hereby found, determined, and ordained by the City Council of the
City of Rancho Cucamonga as follows:
1. Recitals. The City Council hereby specifically finds that all of the facts set forth in the
Recitals, Part A, of this Ordinance are true and correct.
P202
Ordinance No. 813
Page 3 of 6
2. Findings. Based upon the substantial evidence presented to the City Council during
the above-referenced public hearing on May 6, 2009, including written and oral staff reports,
together with public testimony, the City Council hereby specifcally finds as follows:
a. 'The application has been
notice, in the time and manner prescribed by
Environmental Quality Act ("CEQA").
processed, including, but not limited to, public
State and local law, including the California
b. The application is consistent with the direction, goals, and policies of the
adopted General Plan and subject to the approval of the related applications (General Plan
Amendment DRC2008-00383; Victoria Arbors Plan Amendment DRC2009-00146, Victoria Gardens
Master Plan Amendment DRC2009-00145, and Development Agreement Amendment DRC2008-
00385), the application does not conflict with the policies and provisions of the General Plan or any
specific plan applicable to the subject property.
c. Approval of the application would not be materially injurious or detrimental to
the adjacent properties and would not be detrimental to the health, safety, and general welfare of the
community.
d. The findings set forth in this Resolution reflect the independent judgment of
the City Council.
3. Determination. Based on the findings set forth in this Resolution and the totality of
the administrative record before it, the City Council hereby approves Victoria Community Plan
Amendment DRC2008-00383 and adopts the Mitigation Monitoring and Reporting Program in
Exhibit "B" as conditions of approval.
4. 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.
Please see the /ollowing page
!or formal adoption, certification antl s/gnafores
P203
Ordinance No. 813
Page 4 of 6
PASSED, APPROVED, AND ADOPTED this 20'h day of May 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 6'" day of May 2009, and was passed at a
Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 20'h day of May
2009.
Executed this 215' day of May 2009, at Rancho Cucamonga, California.
Janice C. Reynolds, City Clerk
P204
Ordinance No. 813
Page 5 of 6
Exhibit A
Text Amendments to the Victoria Community Plan
The first sentence of the third paragraph of the Part 1, Section III is amended to read as
follows:
"As the spine or boulevard enters the mixed .use, downtown area or offices,
restaurants, residential, and civic uses, it becomes the Town Green."
The first sentence of the first paragraph under the heading "Regional Downtown" in Part 1,
Section III is amended to read as follows:
"The focus of urban activity within the Victoria Community is the regional mixed-use
center within Victoria Arbors -amain street shopping area with civic, commercial,
and residential uses."
The first sentence of the second paragraph underthe heading "Regional Downtown" in Part 1,
Section III is amended to read as follows:
"The Regional Center will include related mixed uses of commercial business,
offices, a City cultural center, and residential uses of varying densities."
The first paragraph under the sub-heading "Residential Land Use in Victoria Arbor' in Part 1,
Section IV is amended to read as follows:
"There will be a mix of housing types provided in Victoria. This single-family housing
is oriented around the school and park sites and is consistent with the family nature
of the village and adjacent residential areas to the west, north, and east. Multi-family
housing will provide a transitional use between the single family residential and
mixed commercial, civic, and residential uses. Multi-family residential will be
provided east of Day Creek Boulevard, which will be fronted along the Boulevard by
mixed- uses. This mix of housing types will provide more choices to future residents
and is consistent with planned and adjacent uses. The following residential lahd use
densities are planned:
• L -low (2-4 dwelling units per acre)
• LM -low-medium (4-8 dwelling units per acre)
• M -medium (8-10 dwelling units per acre)
• MH -medium high (14-24 dwelling units per acre)
• H -high (24-30 dwelling units per acre)
• VG-MS -Victoria Gardens Main Street (75-100 dwelling units per acre)"
P205
Ordinance No. 813
Page 6 of 6
The first sentence of the second paragraph under the sub-heading "Regional Center is Urban
Focus for Victoria" in Part 1, Section IV is amended to read as follows:
"The Regional Center will include civic, mixed use, and multi-family residential uses,
which will serve to support the retail uses."
Part 3, Section I is amended by the addition of a new subsection 7 under the heading of
"Residential Development Standards" to read as follows:
"7. Mixed Use (MU Land Use Plan Designation):
Development within any Mixed Use area must be in conformance with an
adopted Master Plan that established development standards specifically for the
defined Mixed Use Area.
a. The Village of Victoria Arbors shall be in conformance with the adopted
provision of the Victoria Arbors Master Plan; as suchi plan is amended from
time to time.
b. Victoria Gardens, located within the Victoria Arbors Village, shall be in
conformance with the adopted provisions of the Victoria Gardens Master
Plan, as such plan is amended from time to time."
Part 3, Section I is amended by the addition of a new subsection 5 under the heading of
"Commercial Standards" to read as follows:
"5. Mixed Use (MU Land Use Plan Designation):
Development within the Mixed Use area of Victoria Gardens, located within the
Victoria Arbors Village, shall be in conformance with the adopted provisions of the
Victoria Gardens Master Plan, as such plan is amended from time to time."
.Part Three, Section I is amended by the addition of a new subsection 3 under the heading of
"Community Facilities" to read as follows:
"3. Notwithstanding any other provision of this Subsection (Community
Facilities), the uses permitted and uses conditionally permitted in the Victoria
Gardens Master Plan shall be those specified in that Master Plan, as it is amended
from time to time."
Part 3, Section II is amended by the addition of the following paragraph after the end of the
current text:
"The approval process for projects within the Victoria Gardens Lifestyle Center
shall be in conformance with the Victoria Gardens Master Plan, as such plan is
amended from time to time."
The Appendix is amended by the addition, in alphabetical order, of the following definition:
"Mid Rise: (as it applies to development within the Victoria Gardens
Lifestyle Center) defined as a building which is divided at regular intervals into
occupiable levels not to exceed 160 feet in height. These buildings are typically
taller than the maximum height which people are willing to walk up and therefore
require mechanical vertical transportation. These types of buildings include building
uses such as residential, hotels and offices."
P206
ORDINANCE NO. 814
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA
GARDENS MASTER PLAN AMENDMENT DRC2009-00145
MODIFYING THE MASTER PLAN TO ALLOW RESIDENTIAL USES
IN THE MAIN STREET AREA, INCREASE THE AVERAGE HEIGHT
IN THE MAIN STREET AREA TO 120 FEET, WITH A MAXIMUM OF
160 FEET, AMEND THE BUILDING SETBACK REQUIREMENTS
FOR THE MAIN STREET AREA, AND CLARIFY PERMITTED AND
CONDITIONALLY PERMITTED USES, GENERALLY BOUNDED BY
CHURCH STREET TO THE NORTH;'FOOTHILL BOULEVARD TO
THE SOUTH, I-15 TO THE EAST, AND DAY CREEK BOULEVARD
TO THE WEST; AND MAKING FINDINGS IN SUPPORT THEREOF
A. Recitals
1. Forest City Development California, Inc. filed an application for Victoria Gardens
Master Plan Amendment DRC2009-00145 as described in the title of this Resolution. Hereinafter in
this Resolution, the subject application is referred to the "the application."
2. The property subject to the application (hereinafter, the "subject property') is
comprised of approximately 174 acres of land, generally bounded by Church Street to the north, the
I-15 Freeway to the east, Foothill Boulevard to the south, Day Creek Boulevard to the west. Said
property is currently designated as Mixed Use.
3. The property to the north of the subject property is designated Mixed Use, and is
partially developed with a winery and single-family residential development. The property to the
west is designated Mixed Use, and is developed with multi-family residential units. The I-15
Freeway lies immediately to the eastwith the land furthereast designated Low-Medium Residential
and Medium Residential within the Etiwanda Specific Plan, and I~egional Related Commercial.
Foothill Boulevard lies to the south, beyond which the land is developed with commercial uses and
designated Regional Related Office/Commercial.
4. Development of the subject property is governed by the Victoria Gardens Master
Plan, the Victoria Arbors Master Plan, the Victoria Community Plan, the City's General Plan, and a
development agreement between the City and the applicant.
5. Subsequent to the 2002 approval of the Victoria Gardens Master Plan, approximately
52% (36% built and 16% approved but not built) of the approved residential dwelling units and 57%
of the approved commercial, office, and civic uses included in the Victoria Gardens Master. Plan
have been completed.
6. Concurrent with this application, the applicant has also applied for Victoria Arbors
Master Plan Amendment DRC2009-00146, Victoria Community Plan Amendment DRC2008-00383,
General Plan Amendment DRC2008-00384 and Development AgreementRmendment DRC2008-
00385. The purpose of these other applications is to allow the development of residential uses in
the Main Street Area, increase the average height in the Main Street Area to 120 feet, with a
maximum of 160 feet, amend the building setback requirements for the Main StreetArea, and clarify
permitted and conditionally permitted uses within the Victoria Gardens Master Plan area.
7. As shown in the attached Exhibit "A," the application proposes changing various
sections of the Victoria Gardens Master Plan.
Ordinance No. 814
Page 2 of 16
8. On February 20, 2002 and in accordance with the California Environmental Quality
Act ("CEQA"), the City certified Environmental Impact Report SCH No. 2001031028 (EIR), which
analyzed the potential environmental impacts of the original Victoria Gardens Master Plan. As the
Lead Agency, the City considered the information in the EIR before~approving the Victoria Gardens
Master Plan. At that time, the City Council also adopted a Statement of Facts and Findings and
Overriding Considerations for the Victoria Gardens Master Plan, which is hereby incorporated bythis
reference. The Statement found that the economic, social, or other benefits of the Victoria Gardens
Master Plan outweighed the significant and unavoidable impacts identified in the EIR.
9. Based on an Initial Study, comments received during the public review of the Initial
Study, and comments received during the public scoping meeting, the City determined the changes
to the Victoria Gardens Regional Lifestyle Center proposed by the application and the related
applications are substantial and required further environmental analysis with respect to aesthetics
and air quality. The City further determined that a supplemental EIR would make the previous EIR
adequately apply to the application.
10. Pursuant to CEQA Guidelines, Section 15082, the City published a Notice of
Preparation (NOP) of a Draft Supplemental EIR (SEIR) for the project, and circulated the NOP to
governmental agencies, organizations, and persons who may be interested in the project, including
nearby landowners, homeowners, and tenants. When the Draft SEIR was complete, the City
circulated it for public review and comment for 45 days. The City has responded to the two sets of
written comments regarding the Draft SEIR that were received during the public review period.
Those comments and the City's responses are included as Appendix C to the Final Supplemental
EIR/Response to Comments document (SCH#20010131028) ("Final SEIR").
11. On April 8, 2009, the Planning Commission conducted a duly noticed public hearing
on the application and concluded said hearing on that date, after which the Planning Commission
adopted Resolution 09-13, which recommended certification of the Final SEIR, adoption of Findings
and Statement of Overriding Considerations, adoption of the Mitigation Monitoring and Reporting
Program found in Exhibit "B" to this Ordinance, as conditions of approval, and approval of the
application.
12. On May 6, 2009, the City Council conducted a duly noticed public hearing and
considered the application and the Final SEIR as prescribed by law, and. certified the Final SEIR,
and adopted Findings pursuant to CEQA, a Statement of Overriding Considerations, and a
Mitigation Monitoring and Reporting Program.
13. On May 6, 2009, the City Council conducted a duly noticed public hearing on the
application, and all interested persons were given an opportunity to present oral and written
evidence regarding the application and the Final SEIR and concluded said hearing on that date.
P207
14. All legal prerequisites prior to the adoption of this Resolution have occurred.
P208
Ordinance No. 814
Page 3 of 16
B. Ordinance.
NOW, THEREFORE, it is hereby found, determined, and ordained by the City Council ofthe
City of Rancho Cucamonga as follows:
1. Recitals. The City Council hereby specifically finds that all of the facts set forth in the
Recitals, Part A, of this Ordinance are true and correct.
2. Findings. Based upon the substantial evidence presented to the CityCouncil during
the above-referenced public hearing on May 6, 2009, including written and oral staff reports,
together with public testimony, the City Council hereby specifically finds as follows:
a. The application has been
notice, in the time and manner prescribed by
Environmental Quality Act ("CEQA").
processed, including, but not limited to, public
State and local law, including the California
b. The application is consistent with the direction, goals, and policies of the
adopted General Plan and subject to the approval of the related applications (General Plan
Amendment DRC2008-00384; Victoria Community Plan Amendrent DRC2008-00383, Victoria
Arbors Master Plan Amendment DRC2009-00146, and Development Agreement Amendment
DRC2008-00385), the application does not conflict with the policies and provisions of the General
Plan or any specific plan applicable to the subject property.
c.' Approval of the application would not be materially injurious or detrimental to
the adjacent properties and would not be detrimental to the health, safety, and general welfare of the
community.
d. The findings set forth in this Resolution reflect the independent judgment of
the City Council.
3. Determination. Based on the findings set forth in this Resolution and the totality of
the administrative record before it, the City Council hereby approves Victoria Garderis Master Plan
Amendment DRC2009-00145 and adopts the Mitigation Monitoring and Reporting Program in
Exhibit "B" as conditions of approval.
4. 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.
Please see the /ollowing page
/or /ormal adoption, certitlcatlon and signatures
P209
Ordinance No. 814
Page 4 of 16
PASSED, APPROVED, AND ADOPTED this 20"' day of May 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 Ciry of Rancho Cucamonga held on the 6'h day of May 2009, and was passed at a
Regular Meeting of the City Council of the Ciry of Rancho Cucamonga held on the 20"' day of May
2009.
Executed this 215' day of May 2009, at Rancho Cucamonga, California.
Janice C. Reynolds, City Clerk
P212
Ordinance No. 814
Page 7 of 16
Uses listed in the following table below shall be permitted or prohibited within each of the defined
districts (set forth in diagram 4-1 of the Victoria Gardens Master Plan) as indicated in the columns.
Those uses not specifically listed in the table below shall be subject to a comparable use
determination according to the provisions of 17.02.040 of the Development Code. If the use is not
found comparable, the use shall be prohibited.
• Where indicated with the letter "P", the use shall be a permitted use.
• Where indicated with the letters "PD", the use shall be a permitted with the approval
of the Planning Director pursuant to the procedures and requirements of Sections
17.02.050, 17.06.010(C)(2),snd 17.06.020 of the Development Code. Any decision
by the Planning Director to approve or deny such a use may be appealed in
accordance with Section.17.02.080 of the Development Code
• Where indicated with the letter "C", the use shall be a use permitted with approval of
a conditional use permit in accordance with 17.04.030 of the Development Code.
• Where indicated with an "N", the use shall be prohibited.
Use Main Route Eastern Residential
Street 66 Area Area
Area Area
A. Offices and Related Uses
1. Administrative and executive
offices P P P N .
2. Artist and photographic studios,
not including the sale of equipment
and su lies P P P N
3. Clerical and rofessional offices P P P N
4. Financial services and institutions
a. Financial services and
institutions without drive-
through P P P N
b. Financial services and
institutions with drive-throu h N P P N
5. Outpatient Medical, dental, and
related health services (non-animal
related), including laboratories and
clinics; only the sale of articles
clearly incidental to the services
rovided shall be ermitted. P P P N
6. Public services (City and County
buildings, special districts, and
ost office P P P ~ N
7. Public utili service offices P P P N
8. Related commercial uses
(blueprinting, stationary, quick
copy, etc.) when incidental to an
office buildin or com lex P P P N
B. General Commercial Uses
1. Anti ue sho s PD PD PD N
2. Animal roomin C C C N
3. A arel stores P P P N
Ordinance No. 814
Page 8 of 1P213
Use Main Route Eastern Residential
Street 66 Area Area
Area Area
4. Art, music, and photographic
studios and su I stores P P P N
5. Arcades (see special requirements
per Section 17.10.030E - RC
Develo ment Code C C C N
6. Athletic and Health Club, gyms,
and wei ht reducin clinics P P P N
7. Automotive sales and services
(including motorcycles, boats,
trailers, and campers)
a. Sales (New and classic
cars) PD PD PD N
b. Automatic washing in
conjunction with an approved
gasoline dispensing station or
parking structure C C C N
c. Service or gasoline
dis ensin stations C C C N
8. Bakeries retail onl P P P N
9. Barber and beauty shops with the
exce tion of Beaut schools P P P N
10. Bicycle shops with the exception of
outdoor stora e P P P N
11. Book, gift and stationary stores
other than adult related material P P P N
12. Cand stores and confectionaries P P P N
13. Cleaners (drop-off and pick up
onl P P P N
14. Cocktail lounge (bar, lounge,
tavern) including related
entertainment PD PD PD N
15. Commercial recreation facilities
a. Indoor uses such as
bowlin ,theaters, billiards, etc. PD PD PD N
16. Dai roduct stores P P P N
17. Delicatessens P P P N
18. Dru stores and harmacies P P P N
19. Fast-food restaurants
a. Fast-food restaurants with
drive-through N P C N
b. Fast-food restaurants
without drive-throw h P P P N
20. Florist sho s P P P N
21. Food stores, specialty food and
su ermarkets PD PD PD N
22. Furniture stores except repair and
u holste P P P N
23. General retail stores
Ordinance No. 814
Page 9 oP214
Use Main Route Eastern Residential
Street 66 Area Area
Area Area
a. General retail businesses-
establishmentsengaged inthe
selling of first quality goods
and merchandise (e.g., apparel
and/or accessories, shoes,
books/magazines, electronics/
computers, department stores,
cosmetics, food, home
furnishings and accessories,
etc.) to the general public for
personal and household use
and rendering services
incidental to the sale of such
goods. This definition shall not
apply to outlets or businesses
that focus mainly on selling
closeout, liquidation, second
quality, and/or overstock
merchandise P P P N
24. Home Improvement Centers
a. Material stored and sold
within enclosed buildings PD PD PD N
b. Outdoor storage of material
such as lumber and building
materials C C C N
25. Hotels
a. Hotels with a cocktail
lounge C C C N
b. Hotels with a day spa,
salon, health & beauty PD PD PD N
c. Hotels without a cocktail
lounge or day spa, salon,
health & beau P P P N
26. Jewel stores P P P N
27. Laundry self-service as a service
component of a residential
develo ment N N N C
28. Li uor stores C C C N
29. Da s a, salon, health & beaut PD PD PD N
30. Music, dance, and martial arts
studio P P P N
31. Nurseries and Retail garden
supply stores; provided all goods
are kept within an enclosed area,
and provided that seeds and
fertilizer is stored in small
acka ed form onl P P P N
32. Office su I stores. P P P N
33. Pet sho P P P N
34. Political or philanthropic head-
uarters. P P P N
35. Photoco retail P P P N
36. Restaurants (other than fast food),
with indoor and/or outdoor seating. -
a. Without alcohol sales P P P N
Ordinance No. 814
Page 10 cP215
Use Main Route .Eastern Residential
Street 66 Area Area
Area Area
b. With entertainment and/or
cocktail lounge and bar. C C C N
c. Incidental serving of beer
and wine but without a cocktail
lounge, bar, entertainment, or
dancin P P P N
37. Shoe stores, sales and re air P P P N
38. Second-hand store C C C N
39. S ortin oods stores P P P N
40. Stam and coin sho s P P P N
41. Tailor P P P N
42. Thrift store C C C N
43. To stores P P P N
44. Travel a encies P P P N
45. Transportation facilities
a. Transit centers (structures
or fixed locations where
passengers transfer from one
transit route to another) PD PD PD N
b. Bus stops, bus stands,
taxicab stands and stands for
other passenger common-
carrier motor vehicles
designated by the Ciry
en ineer Section 10.48.040 P P P P
C. Public and semi- ublic uses
1. Da Care Facilities PD PD PD N
2. Hos itals C C C N
3. Private and public clubs and
lodges including YMCA and similar
outh rou uses C C C N
4. Educational institutions, parochial,
private (including colleges and
universities C C C N
5. Libraries & museums, public or
rivate P P P N
6. Churches, convents, monasteries,
and other reli ious institutions C C C N
7. Emer enc Shelters C C C N
D. Tem ora Uses
1. Temporary uses as prescribed in
Section 17.04.070 and subject to
those rovisions P P P N
2. Temporary office modules, subject
to provisions in Section 17.10.030-
F.3 C C C N
3. Farmer's Market P C C N
E. Residential Uses
1. Sin le-Famil detached C N N P
2. Single-Family attached (du-, tri-
and four- lex P N N P
3. Multi le Famil Dwellin s P N N P
P216
Ordinance No. 814
Page 11 of 16
Section 4.4 of the Victoria Gardens Master Plan is hereby deleted in its entirety and replaced
with the following:
"4.4 SIDEWALK AND OUTDOOR USES
The regulations applicable to sidewalk and outdoor uses, including the sale and display of
merchandise, shall be as follows:
1. For the Main Street Area, sidewalk and outdoor uses, including the sale and display
of merchandise, shall be permitted, provided that a Temporary Use Permit shall be required in
accordance with Section 17.04.070 of the Development Code if such sidewalk or outdoor use will
continue for more than 60 days.
2. For the Route 66 and Eastern Areas, sidewalk and outdoor uses, including the sale
and display of merchandise, shall be permitted in accordance with Section 17.10.030 'Use
Regulations for General Commercial/Office Districts."'
Section 4.5b of the Victoria Gardens Master Plan is hereby deleted in its entirety and
replaced with the following:
"4.5b Main Street Area
1. Building Heights within the Main Street Area shall be encouraged to vary in order to
achieve diversity in architecture. Two building height zones of 90 feet and 120 feet shall be as
indicated on figure 4-3. In the 90 foot zone, the maximum building height shall be 90 feet. Iri the
120 foot zone, the average building height shall be no higher than 120 feet, and the maximum
building height shall be 160 feet. Building height shall be to the roof level of the top occupied floor.
2. Setbacks in the Main Street Area shall follow the plan for "Permissible Building
Areas," and have the following setbacks:
The Ground Floor of proposed buildings may be built to the Permissible Building boundaries
along street and open space frontage. Additional setback from the boundaries lines can be provided
for entrances, port cocheres, porticos, plazas, sitting areas, and similar architectural features.
Floors of proposed buildings above the ground level may be permitted to be built to the
Permissible Building Area Boundary along street and open space frontages."
P218
Ordinance No. 814
Page 13 of 16
The purpose of these standards is to encourage compatible residential infill development
within the Main Street Area of Victoria Gardens and plan for medium and high density residential
and mixed-use projects. These standards establish flexible guidelines to encourage such
development, ensure that it is of a minimum standard of appearance, and compatible with the
surrounding lifestyle center: The specific objectives are:
1. Allow flexibility in lot size and configuration, and facilitate residential development
within acceptable densities;
2. Provide clear development standards that promote compatibility between new and
existing developmeht and exhibit the characteristics of vibrant, urban, pedestrian-oriented,
storefront-style shopping streets'with pedestrian amenities at Victoria Gardens;
3. Encourage development of housing in close proximity to the existing lifestyle center
while providing flexibility in the siting and design of hew developments to anticipate changes in the
marketplace; and
Encourage efficient land use by facilitating compact, high-density, multi-story
development.
4.9b. Residential Development Requirements
1. The intent of these residential standards is to provide an overlay mix of residential
within the existing and future commercial uses at Victoria Gardens. To accomplish this while
providing flexibility of design, two development options are offered:
a. Mixed-Use Residential Development. The proposed development shall
provide for both residential uses and commercial use (either retail, office or hotel) in a single
building.
b. Full Residential Development. The proposed development site shall provide
for residential use.
2. All residential property shall be developed in a mannerconsistentwith the provisions
of the master plan. The Developer will work with the City Planning Department to consider the
residential uses' compatibility within Victoria Gardens, especially related to:
a. Site access, on-site circulation and off-street parking;
b. Architectural design of buildings and use of materials;
c. Landscaping and buffering of buildings, parking, loading and storage use;
d. -Light and shadow impacts;
e. Generation of noise and irritants such as noise, smoke, dust, odor, glare,
vibration or other undesirable impacts;
f. The arrangement of buildings and open spaces as they relate to each other
within the development site or development area;
g. Visual impact of the proposal on the surrounding area;
4.9c. Density/Residential Use
P219
Ordinance No. 814
Page 14 of 16
The Maximum density for each lot is specified as;
Development Units per Acre Description
Desi nation
Mixed Use Residential 75 Allowed above the ground
floor
Full Residential Densi 100 Allowed on all floors
4.9d. Shared Private and Common Open Space
The Victoria Gardens Main Street Area is urban in nature. Common areas, parks and
recreational areas are likewise expected to be urban in nature. This will include elements such as
.plazas or other hardscaping, landscaping with planters, plazas, pocket parks, fountains, furniture,
and tie more concentrated in size and development than anticipated in a less urban setting. New
and existing public spaces shall jointly be considered common areas to the project and designed to
encourage consistent human presence and activity. Public spaces shall be designed to:
Facilitate social interaction between and within groups;
b. Provide safe, pleasant, clean and convenient sitting spaces adaptable to
changing weather conditions;
c. Be attractive to multiple age groups,
d. Provide for multiple types of activities without conflicting;
e. Support organized activities;
f. Be visually distinctive and interesting;
g. Interconnect with other public and private spaces; and
Prioritize use by persons.
In addition to common landscaped areas, private open space shall be provided within
developments for the amenity of the residents, which may include parks, courtyards or gardens,
Alternative provisions should be incorporated in developments through a combination of terraced
open space/roof gardens (provided to a satisfactory specification) and/or balconies with good
landscaping where appropriate. When located on the ground level, private open space should be
screened from public view by landscaping, courtyard walls or privacy fences.
In addition, as already described earlier in the Master Plan under Section 2.1, any future
residential use will also shall be designed to take advantage of the community trail system, which
consists of pedestrian and bicycle trails.
A minimum of 40 Square feet of common open space shall be provided for each unit.
4.9e. Parking Requirements
The parking requirement for residential units shall be 1 space per bedroom with a minimum
dimension of 9 feet by 18 feet located within an approved parking structure for the residential
development and shall not be tandem. As customary in Mixed Use projects, visitor parking will be
shared with the retail parking."
P222
ORDINANCE NO. 815
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA
ARBORS MASTER PLAN AMENDMENT DRC2009-00146
MODIFYING THE TEXT OF THE MASTER PLAN TO MAKE IT
CONSISTENT WITH THE AMENDMENTS TO THE VICTORIA
GARDENS MASTER PLAN PROPOSED BY DRC2009-00145,
GENERALLY BOUNDED BY CHURCH STREET TO THE NORTH,
FOOTHILL BOULEVARD TO THE SOUTH, I-15 TO THE EAST,
AND DAY CREEK BOULEVARD TO THE WEST; AND MAKING
FINDINGS IN SUPPORT THEREOF.
A. Recitals
1. Forest City Development California, Inc. filed an application for Victoria Arbors Master
Plan Amendment DRC2009-00146 as described in the title of this Resolution. Hereinafter in this
Resolution, the subject application is referred to the "the application."
2. The property subject to the application (hereinafter, the "subject property') is
comprised of approximately 174 acres of land, generally bounded by Church Street to the north, the
I-15 Freeway to the east, Foothill Boulevard to the south, Day Creek Boulevard to the west. Said
property is currently designated as Mixed Use.
3. The property to the north of the subject property is designated Mixed Use, and is
partially developed with a winery and single-family residential development. The property to the
west is designated Mixed Use, and is developed with multi-family residential units. The I-15
Freeway lies immediately to the east with the land further east designated Low-Medium Residential
and Medium Residential within the Etiwanda Specific Plan, and Regional Related Commercial.
Foothill Boulevard lies to the south, beyond which the land is developed with commercial uses and
designated Regional Related Office/Commercial.
4. Development of the subject property is governed by the Victoria Gardens Master
Plan, the Victoria Arbors Master Plan, the Victoria Community Plan, the City's General Plan, and a
development agreement between the City and the applicant.
5. Subsequent to the 2002 approval of the Victoria Gardens Master Plan, approximately
52% of the approved residential dwelling units and 57% (36% built and 16%~approved but not built)
of the approved commercial, office, and civic uses included in the Victoria Gardens Master Plan
have been completed.
6. Concurrent with this application, the applicant has also applied for Victoria Gardens
Master Plan Amendment DRC2009-00145, Victoria Community Plan Amendment DRC2008-00383,
General Ptan Amendment DRC2008-00384 and Development AgreementAmendment DRC2008-
00385. The purpose of these other applications is to allow the development of residential uses in
the Main Street Area, increase the average height in the Main Street Area to 120 feet, with a
maximum of 160 feet, amend the building setback requirements forthe Main StreetArea, and clarify
permitted and conditionally permitted uses within the Victoria Gardens Master Plan area.
7. As shown in the attached Exhibit "A,"the application proposes to amend the Victoria
Arbors Master Plan to accommodate the proposed amendments to the Victoria Gardens Master
Plan.
P223
Ordinance No. 815
Page 2 of 6
8. - On February 20, 2002 and in accordance with the California Environmental Quality
Act. ("CEQA"), the City certified Environmental Impact Report SCH No. 2001031028 (EIR), which
analyzed the potential environmental impacts of the original Victoria Gardens Master Plan. As the
Lead Agency, the City considered the information in the EIR before approving the Victoria Gardens
Master Plan. At that time, the City Council also adopted a Statement of Facts and Findings and
Overriding Considerations forthe Victoria Gardehs Master Plan, which is hereby incorporated by this
reference. The Statement found that the economic, social, or other benefits of the Victoria Gardens
Master Plan outweighed the significant and unavoidable impacts identified in the EIR.
9. Based on an Initial Study, comments received during the public review of the Initial
Study, and comments received during the public scoping meeting, the City determined the changes
to the Victoria Gardens Regional Lifestyle Center proposed by the application and the related
applications are substantial and required further environmental analysis with respect to aesthetics
and air quality. The City further determined that a supplemental EIR would make the previous EIR
adequately apply to the application. .
10. Pursuant to' CEQA Guidelines, Section 15082, the City published a Notice of
Preparation (NOP) of a Draft Supplemental EIR (SEIR) for the project, and circulated the NOP to
governmental agencies, organizations, and persons who maybe interested in the project, including
nearby landowners, homeowners, and tenants. When the Draft SEIR was complete, the City
circulated it for public review and comment for 45 days. The City has responded to the two sets of
written comments regarding the Draft SEIR that were received during the public review period.
Those comments and the City's responses are included as Appendix C to the Final Supplemental
EIR/Response to Comments document (SCH#20010131028) ("Final SEIR").
11. On April 8, 2009, the Planning Commission conducted a duly noticed public hearing
on the application and concluded said hearing on that date, after which the Planning Commission
adopted Resolution 09-12, which recommended certification of the Final SEIR, adoption of Findings
and Statement of Overriding Considerations, adoption of the Mitigation Monitoring and Reporting
Program found in Exhibit "B" to this Ordinance, as conditions of approval, and approval of the
application.
12. On May 6, 2009, the City Council conducted a duly noticed public hearing and
considered the application and the Final SEIR as prescribed by law, and certified the Final SEIR,
and adopted Findings pursuant to CEQA, a Statement of Overriding Considerations, and a
Mitigation Monitoring and Reporting Program.
13. On May 6, 2009, the City Council conducted a duly noticed public hearing on the
application, and all interested persons were given an opportunity to present oral and written
evidence regarding the application and the Final SEIR and concluded said hearing on that date.
14. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Ordinance.
NOW, THEREFORE, it is hereby found, determined, and ordained by the City Council of the
City of Rancho Cucamonga as follows:
1. Recitals. The City Council hereby specifically finds that all of the facts set forth in the
Recitals, Part A, of this Ordinance are true and correct.
P224
Ordinance No. 815
Page 3 of 6
2. Findings. Based upon the substantial evidence presented to the City Council during
the above-referenced public hearing on May 6, 2009, including written and oral staff reports,
together with public testimony, the City Council hereby specifically finds as follows:
a. The application has been processed, including, but not limited to, public
notice, in the time and manner prescribed by State and local law, including the California
Environmental Quality Act ("CEQA").
b. The application is consistent with the direction, goals, and policies of the
adopted General Plan and subject to the approval of the related applications (General Plan
Amendment DRC2008-00383; Victoria Community Plan Amendment DRC2008-00383, Victoria
Gardens Master Plan Amendment DRC2009-00145, and Development Agreement Amendment
DRC2008-00385), the application does not conflict with the policies and provisions of the General
Plan or any specific plan applicable to the subject property.
c. Approval of the application would not be materially injurious or detrimental to
the adjacent properties and would not be detrimental to the health, safety, and general welfare of the
community.
d. The findings set forth in this Resolution reflect the independent judgment of
the City Council.
3. Determination. Based on the fndings set forth in this Resolution and the totality of
the administrative record before it, the City Council hereby approves Victoria Arbors Master Plan
Amendment DRC2009-00146 and adopts the Mitigation Monitoring and Reporting Program in
Exhibit "B" as conditions of approval.
4. 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.
Please see the /ollowing page
/or /ormal atlopt/on, certification antl slgnatares
P225
Ordinance No. 815
Page 4 of 6
PASSED, APPROVED, AND ADOPTED this 20`" day of May 2009.
Donald J. Kurth, M.D., Mayor
ATTEST:
Janice C. Reynolds, City Clerk
1, 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 6`" day of May 2009, and was passed at a
Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 20`" day of May
2009.
Executed this 21 s` day of May 2009, at Rancho Cucamonga, California.
Janice C. Reynolds, City Clerk
P226
Ordinance No. 815
Page 5 of 6
Exhibit A
Text Amendments to the Victoria Arbors Master Plan
The first paragraph of Chapter 3, Section I.B (Mixed Use Multi-family Residential) is hereby
amended to read as follows:
"There are three density levels ofmulti-family residential proposed for Victoria Arbors: Medium
High Density (MH), High Density (HD), and that density allowed by the Victoria Gardens Master
Plan."
Chapter 3, Section I.B (Mixed Use Multi-family Residential) is hereby amended bythe addition
thereto of a new subsection 3 to read as follows:
"3. Victoria Gardens.
The density of multi-family residential areas in Victoria Gardens, located within the Victoria
Arbors Village of the Victoria Arbors Master Plan, shall be in conformance with the adopted
provisions of the Victoria Gardens Master Plan as such plan is amended from time to time."
The first paragraph of Chapter 3, Section I.C (Mixed Use Commercial) is hereby amended to
read as follows:
"Mixed use areas that are primarily commercial will fall into one of three categories: Regional
Related Commercial -those parcels that are proximate to the Regional Commercial and provide
services to a regional market; Village Center Commercial -those parcels that will primarily serve the
surrounding community; and Victoria Gardens -those parcels located in the Victoria Gardens area
of the Victoria Arbors Village."
Chapter 3, Section I.C (Mixed Use Commercial) is hereby amended by the addition thereto of a
new subsection 3 to read as follows:
"3. Victoria Gardens
Victoria Gardens located within the Victoria Arbors Village, shall be in conformance with the
adopted provisions of the Victoria Gardens Master Plan as such plan is amended from time to time."
The first sentence of Chapter 3, Section I.D.a.(1) is hereby amended to read as follows:
"The following uses shall be permitted within Residential and Commercial Land Use area in
Victoria Arbors, except where such uses conflict with the Victoria Gardens Master Plan:"
Chapter 3, Section I.D.b.(2) is hereby amended to read as follows:
"The following uses shall be permitted subject to the Conditional Use Permit process within
Residential or Commercial Land Use areas in Victoria Arbors, except where such uses conflict with
the Victoria Gardens Master Plan."
Chapter 3, Section I.D is hereby amended by the addition thereto of a subsection d to read as
follows:
"Victoria Gardens, located within the Victoria Arbors Village of the Victoria Arbors Master Plan,
shall be in conformance with the adopted provisions of the Victoria Gardens Master Plan as such
plan is amended from time to time."
Ordinance No. 815
Page 6 of 6
Section II.A is hereby amended to read as follows:
"A. MIXED USE MULTI-FAMILY/RESIDENTIAUCOMMERCIAL
These areas may be developed either as multi-family residential (Medium High
density residential) or as Regional Related Commercial. Development of the parcels will
be subject to the requirements in the Master Plan for either Mixed Use Multi-Family or
Mixed Use Commercial, Regional Related Commercial, depending on which is chosen.
Victoria Gardens, located within the Victoria Arbors Village, shall be in conformance
with the adopted provisions of the Victoria Gardens Master Plan as such plan is
amended from time to time."
P227
P228
ORDINANCE NO. 816
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT 01-02
FOR THE DEVELOPMENT OF VICTORIA GARDENS,
GENERALLY BOUNDED BY CHURCH STREET TO THE
NORTH, FOOTHILL BOULEVARD TO THE SOUTH, I-15 TO THE
EAST, AND DAY CREEK BOULEVARD TO THE WEST,
INCORPORATING AMENDMENTS TO THE GENERAL PLAN,
VICTORIA COMMUNITY PLAN, VICTORIA ARBORS MASTER
PLAN, AND VICTORIA GARDENS MASTER PLAN; AND
MAKING FINDINGS IN SUPPORT THEREOF.
A. Recitals
1. Forest City Development California, Inc, filed an application for Development
Agreement Amendment DRC2008-00385 as described in the title of this Ordinance. Hereinafter
in this Ordinance, the subject Development Agreement Amendment is referred to as "the
application."
2. The property subject to the application (hereinafter, the "subject property') is
comprised of approximately 174 acres of land, generally bounded by Church Street to the north,
the I-15 Freeway to the east, Foothill Boulevard to the south, Day Creek Boulevard to the west.
Said property is currently designated as Mixed Use.
3. The property to the north of the subject property is designated Mixed Use, and is
partially developed with a winery and single-family residential development. The property to the
west is designated Mixed Use, and is developed with multi-family residential units. The I-15
Freeway lies immediately to the east with the land further east designated Low-Medium
Residential and Medium Residential within the Etiwanda Specific Plan, and Regional Related
Commercial. Foothill Boulevard lies to the south, beyond which the land is developed with
commercial uses and designated Regional Related Office/Commercial.
4. Development of the subject property is governed by the Victoria Gardens Master
Plan, the Victoria Arbors Master Plan, the Victoria Community Plan, the City's General Plan,
and Development Agreement 01-02 between the City and the applicant.
5. Development Agreement 01-02 has previously been amended twice by mutual
agreement of the parties.
6. Subsequent to the 2002 approval of the Victoria Gardens Master Plan,
approximately 52% (36% built and 16% approved but not built) of the approved residential
dwelling units and 57% of the approved commercial, office, and civic uses included in the
Victoria Gardens Master Plan have been completed.
7. Concurrent with this application, the applicant has also applied for Victoria
Gardens Master Plan Amendment DRC2009-00145, Victoria Arbors Master Plan Amendment
DRC2009-00146, Victoria Community Plan Amendment DRC2008-00383, and General Plan
Amendment DRC2008-00384. The purpose of these other applications is to allow the
development of residential uses in the Main Street Area, increase the average height in the
Main Street Area to 120 feet, with a maximum of 160 feet, amend the building setback
requirements for the Main Street Area, and clarify permitted and conditionally permitted uses
within the Victoria Gardens Master Plan area.
P229
Ordinance No. 816
Page 2 of 7
8. As shown in the attached Exhibit "A," the application proposes to amend
Development Agreement DA01-02 to incorporate the related amendments to the General .Plan
Victoria Community Plan, Victoria Arbors Master Plan, and Victoria Gardens Master Plan, so
that these amendments will become part of the "Project Approvals" and "Applicable
Regulations" as those terms are defined in the Amended Development Agreement and thereby
convey to the applicant a vested right to develop the Victoria Gardens Master Plan area in
accordance with these amendments.
9. On February 20, 2002 and in accordance with the California Environmental
Quality Act ("CEQA"), the City certified Environmental Impact Report SCH No. 2001031028
(EIR), which analyzed the potential environmental impacts of the original Victoria Gardens
Master Plan. As 'the Lead Agency, the City considered the information in the EIR before
approving the"Victoria Gardens Master Plan. At that time, the City Council also adopted a
Statement of Facts and Findings and Overriding Considerations for the Victoria Gardens Master
Plan, which is hereby incorporated by this reference. The Statement found that the economic,
social, or other benefits of the Victoria Gardens Master Plan outweighed the significant and
unavoidable impacts identified in the EIR.
10. Based on an Initial Study, comments received during the public review of the
Initial Study, and comments received during the public scoping meeting, the City determined the
changes to the Victoria Gardens Regional Lifestyle Center proposed by the application and the
related applications are substantial and required further environmental analysis with respect to
aesthetics and air quality. The City further determined that a supplemental EIR would make the
previous EIR adequately apply to the application.
11. Pursuant to CEQA Guidelines, Section 15082, the City published a Notice of
Preparation (NOP) of a Draft Supplemental EIR (SEIR) for the project, and circulated the NOP
to governmental agencies, organizations, and persons who may be interested in the project,
including nearby landowners, homeowners, and tenants. When the Draft SEIR was complete,
the City circulated it for public review and comment for 45 days. The City has responded to the
two sets of written comments regarding the Draft SEIR that were received during the public
review period. Those comments and the City's responses are included as Appendix C to the
Final Supplemental EIR/Response to .Comments document (SCH#20010131028) ("Final
SEIR").
12. On April 8, 2009, the Planning Commission conducted a duly noticed public
hearing on the application and concluded said hearing on that date, after which the Planning
Commission adopted Resolution 09-14, which recommended certification of the Final SEIR,
adoption of Findings and Statement of Overriding Considerations, adoption of the Mitigation
Monitoring and Reporting Program found in Exhibit "B" to this Ordinance, as conditions of
approval, and approval of the application.
13. On May 6, 2009, the City Council conducted a duly noticed public hearing and
considered the application and the Final SEIR as prescribed by law, and certified the Final
SEIR, and adopted Findings pursuant to CEQA, a Statement of Overriding Considerations, and
a Mitigation Monitoring and Reporting Program.
14. On May 6, 2009, the City Council conducted a duly noticed public hearing on the
application, and all interested persons were given an opportunity to present oral and written
evidence regarding the application and the Final SEIR and concluded said hearing on that date.
15. All legal prerequisites prior to the adoption of this Resolution have occurred
P230
Ordinance No. 816
Page 3 of 7
B. Ordinance.
NOW, THEREFORE, it is hereby found, determined, and ordained by the City Council of
the City of Rancho Cucamonga as follows:
1. Recitals. The City Council hereby specifically finds that all of the facts set forth in
the Recitals, Part A, of this Ordinance are true and correct.
2. Findings. Based upon the substantial evidence presented to the City Council
during the above-referenced public hearing on May 6, 2009, including written and oral staff
reports, together with public testimony, the City Council hereby specifically finds as follows:
a. The application has been processed, including, but not limited to, public
notice, in the time and manner prescribed by State and local law, including the California
Environmental Quality Act ("CEQA").
b. The application is consistent with the direction, goals, and policies of the
adopted General Plan and subject to the approval of the related applications (General Plan
Amendment DRC2008-00384; Victoria Community Plan Amendment DRC2008-00383, Victoria
Arbors Master Plan Amendment DRC2009-00146; and Victoria Gardens Master Plan
Amendment DRC2009-00145), the application does not conflict with the policies and provisions
of the General Plan or any specific plan applicable to the subject property.
c. Approval of the application would not be materially injurious or detrimental
to the adjacent properties and would not be detrimental to the health, safety, and geheral
welfare of the community.
The findings set forth in this Resolution reflect the independent judgment
of the City Council.
3. Determination. Based on the findings set forth in this Resolution and the totality
of the administrative record before it, the City Council hereby approves Development
Agreement Amendment DRC2008-00385.
4. 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.
Please see the /ollow/ng page
for /orma/ adoption, certflicaflon antl slgnafures
Ordinance No. 816
Page 4 of 7
PASSED, APPROVED, AND ADOPTED this 20'h day of May 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 6`h day of May 2009, and was
passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the
20'h day of May 2009.
Executed this 2151 day of May 2009, at Rancho Cucamonga, California.
P231
C. Reynolds, City Clerk
P232
Ordinance No. 816
Page 5 of 7
EXHIBIT A
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT BY
AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND
VICTORIA GARDENS-C, L.L.C.
THIS THIRD AMENDMENT TO DEVELOPMENT AGREEMENT ("Third
Amendment") is made and entered into as of this 20"' day of May, 2009, by and between the
CITY OF RANCHO CUCAMONGA, a municipal corporation and general law city ("City"), and
Victoria Gardens-C, L.L.C., a California limited liability company ("Owner").
Recitals
A. The purpose of this Third Amendment is to incorporate into the Amended Development
Agreement, those amendments to the General Plan, the Victoria Community Plan, the Victoria
Arbors Master Plan, the Victoria Gardens Master Plan, and the supplemental EIR and Mitigation
Monitoring Program that the City approved on [DATE] (collectively the "2009 Amendments");
which are attached hereto as Exhibits 1 through 5 and incorporated into this Third Amendment
as if set forth in full herein. It is the Parties' mutual intent that the 2009 Amendments become
part of the "Project Approvals"~ and "Applicable Regulations" as those terms are defined in the
Amended Development Agreement.
B. On April 8, 2009, after holding a duly noticed public hearing, the Planning Commission of
the City of Rancho Cucamonga recommended the approval of this Third Amendment.
C. On May 20, 2009, the City Council of the City of Rancho Cucamonga, adopted
Ordinance No. 816, approving this Third Amendment
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, City and Owner hereby amend that certain Development
Agreement between them, dated February 20, 2002, as previously amended by the First
Amendment to Development Agreement, dated May 21, 2003 and the Second Amendment to
Development Agreement, dated June 18, 2003 (as amended, the "Amended Development
Agreement").
Amendment
amended to read as follows:
Recital G of the Amended Development Agreement is hereby
"G. A depiction of the Tentative Map is attached hereto and
incorporated herein as Exhibit "C". For purposes of this Agreement, the "Project
Approvals" include: the General Plan, the Victoria Community Plan, the Victoria
Arbors Master Plan, the EIR and Mitigation Monitoring Program, the Victoria
Gardens Master Plan (including, but not limited to the Master Plan Signage
program), Tentative Map, and any amendments to the foregoing approved by the
City on or before the Effective Date; and any amendments to the foregoing
documents adopted by the City on May 20, 2009 and the 2009 Amendments to
the foregoing documents.
P233
Ordinance No. 816
Page 6 of 7
Section 111.6.1 of the Amended Development Agreement is hereby
amended to read as follows:
"Applicable Rules. The parties hereby agree that, for the term of
this Agreement, the rules, regulations, and official polices governing permitted
uses, density, design, improvement, and specifications applicable to
development of the Property shall be those rules, regulations, and official polices
in force at the time of the Effective Date, together with the Project Approvals and
those later-enacted rules, regulations, and official policies made expressly
applicable to the Property by means of an amendment to this Agreement or by
the owner providing written notice approval to the City (collectively, the
"Applicable Rules"). Notwithstanding the foregoing, nothing in this Agreement
shall preclude City from applying changes occurring from time to time in the
Uniform Building code, Uniform Electrical Code, Uniform Fire Code, Uniform
Mechanical Code, or Uniform Plumbing Code, provided that such changes are
generally applicable to all property in the City."
3. Section 111.6.2 of the Amended Development Agreement is hereby
amended to read as follows:
"Conflicting Enactments. Any changes in the Applicable Rules,
including without limitation, any change in any applicable general plan,
community plan, master plan, area or specific plan, zoning, subdivision rule or
regulation, adopted or becoming effective after the Effective Date, including,
without limitation, any such change by means of an ordinance, initiative,
resolution, policy, order or moratorium, initiated by the City Council of the City of
Rancho Cucamonga, the Planning Commission of the City of Rancho
Cucamonga, or any other board, agency, commission, or department of City, or
any officer or employee-thereof, or by the electorate, as the case may be, which
would, absent this Agreement or an amendment thereto, otherwise be applicable
to the Property and which would conflict in any way with or_be more restrictive
than the Applicable Rules (such changes being hereafter called "Subsequent
Rules"), shall not be applied by City to the Property unless made expressly
applicable to the Property by an amendment to this Agreement. Any changes or
amendment to the Applicable Rules or Project Approvals sought by the Owner
shall be within the scope of this Agreement and shall, upon approval by the City,
constitute the Applicable Rules or Project Approvals applicable to the Property
without further amendment to this Agreement."
4. Except for the amendments expressly made herein, the Amended
Development Agreement remains unmodified and in full force and effect.
5. Pursuant to Section 65868.8 of the Government Code, the Parties
shall mutually assure that a copy of this Third Amendment is recorded against the Property
described in Exhibit "6" attached to this Third Amendment, with the County Recorder of San
Bernardino County within 10 days after the Effective Date.
Ordinance No. 816
Page 7 of 7
IN WITNESS WHEREOF, Owner and City have executed this Third Amendment as of the date
first hereinabove written.
"City'
CITY OF RANCHO CUCAMONGA
a Municipal Corporation
By:
Mayor
Attest:
City Clerk .
Approved as to Form:
Owner"
VICTORIA GARDENS-C, L.L.C.,
a California Limited Liability Company
By:
Its:
P234
By:
City Attorney
P235
MEMORANDUM
RANQ~O CUCAMONGA FIRE PROTECITON DISTRICT'
Date: May 20, 2009
To: President and Members of the Board of Directors
Jack Lam, AICP, City Manager/~~V~
From: Peter M. Bryan, Fire Chief ~'///
By: Janet Walker, Management Analyst II
Y ~~ ~ ~.
J
~Y
RANCHO
C,UCAMONGA
Subject: REQUEST TO CONTINUE PUBLIC HEARING FOR MELLO-ROOS COMMUNITY
FACILITIES DISTRICT NO. 85-1 (CFD 85-1) SPECIAL TAX LEVY FOR FISCAL YEAR
2009/10
It is requested that the public hearing far Mello-Roos Community Facilities District No. 85-1
(CFD 85-1) Special Tax Levy for Fiscal Year 2009-10 be continued to the June 3, 2009 meeting.
CONTINUANCE OF PUBLIC HEARING
At its regular meeting held on May 20, 2009, the Board of Directors of the Rancho
Cucamonga Fire Protection District continued the following item to its meeting to beheld
on June 3, 2009.
N1.
ORDINANCE NO. FD 48 (first reading)
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA,
CALIFORNIA, AUTHORIZING THE LEVY OF THE SPECIAL TAX IN MELLO-
ROOS COMMUNITY FACILITIES DISTRICT NO. 85-1 FOR FISCAL YEAR
2009/10
N2. CONSIDERATION OF A RESOLUTION CONTINUING THE ANNUAL SPECIAL TAX RATE TO
BE LEVIED IN MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 88-1 FOR FISCAL
YEAR 2009/10
RESOLUTION NO. FD-019
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA,
CALIFORNIA, ESTABLISHING THE ANNUAL SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 88-1 FOR FISCAL YEAR 2009/10
The meeting to be held at 7:00 p.m. in the Council Chambers at the Rancho Cucamonga
City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California.
Said continuance was passed by the following vote:
Ayes: Kurth, Michael, Gutierrez, Spagnolo and Williams
Noes: None
Absent: None
Abstain: None
May 21, 2009 l ~~
Date Kat ryn colt, CMC
Assistant City Clerk
P236
•i
MEMORANDUM 'fit;--~
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT ~J
jZANCxo
Date: May 20, 2009 C,UCAMONGA
To: President and Members of the Boar~d,.o/f Directors
Jack Lam, AICP, City Manager i/~7"" `/
From: ' Peter M. Bryan, Fire Chief
By: Janet Walker, Management /Analyst II
Subject: REQUEST TO CONTINUE PUBLIC HEARING FOR CONTINUING THE ANNUAL
SPECIAL TAX RATE TO BE LEVIED IN MELLO-RODS COMMUNITY FACILITIES
DISTRICT NO. 88-1 (CFD 88-1) FOR FISCAL YEAR 2009/10
It is requested that the public hearing for continuing the Annual Special Tax Rate to be levied in
Mello-Roos Community Facilities District No. 88-1 (CFD 88-1) for Fiscal Year 2009-10 be continued
to the June 3, 2009 meeting.
STAFF REPORT
RdNCIiU CUCd\IO.\G:1 1'IRF PR(JTGCTION DISTRICT
Date: May 20, 2009
To: Mayor and Members of the City Council
President and Members of the Fire District Board of Directors
Jack Lam, AICP, City Manager
From: Pamela S. Easter, Assistant City Manager
John R. Gillison, Deputy City Manager
By: Mike Bell, Deputy Fire Chief
~~
RANCHO
C,UCAMONGA
Subject: AMENDMENT TO AGENDIZED MASTER AGREEMENT FOR EMERGENCY
COMMUNICATIONS AND FIRE/EMS DISPATCH SERVICES
Attached is a modification of the Master Agreement for Emergency Communications and Fire/EMS
Dispatch Services with Consolidated Fire Agencies of the East Valley (CONFIRE).
The modification involves language changes to the recitals on the first page of the Agreement that
provides clarity regarding the Fire Districts role in providing Emergency Medical Services. These
changes have been reviewed by Fire District legal representative and Confire.
The first attachment is a copy of the original version. The second attachment highlights the changes
made and are included in the Agreement prepared for signatures if approved.
cc: Peter Bryan, Fire Chief
Attachment
MASTER AGREEMENT FOR EMERGENCY
COMMUNICATIONS AND
FIRE/EMS DISPATCH SERVICES
This Agreement is entered into this _ day of , 2009 by and between the
Rancho Cucamonga Fire Protection District, a Califomia fire protection district (hereinafter the
"DISTRICT") and the Consolidated Fire Agencies of the East Valley, a joint powers authority
providing centralized public safety communications and dispatch services to fire and emergency
medical agencies in San Bernardino County, California, (hereinafter "CONFIRE").
1. Recitals
a) Whereas the DISTRICT is authorized under the Califomia Emergency Medical
Services System and the Prehospital Emergency Medical Care Personnel Ac[, California Health
and Safety Code Section 1797, et seq. (the "EMS Act"), as well as California Health and Safety
Code Section 13860 et. seq. to provide fire protection and emergency medical services to persons
within its District boundaries, and to obtain emergency communications services by contract, and
b) Whereas prior to June 1, 1980, and adoption of the EMS Act, the DISTRICT
provided fire protection and emergency medical services to persons within its DISTRICT
boundaries, and obtained and utilized emergency medical dispatch services by contract, and
c) Whereas, the DISTRICT published a Request for Proposal (hereinafter "RFP")
describing its requirements for emergency communications services, and
d) Whereas, the DISTRICT has conducted an evaluation of providers of emergency
communications and dispatching services, including emergency medical dispatch services, and
e) Whereas, CONFIRE is authorized under the EMS Act, the local EMS agency
(ICEMA, or its successor), and by its Board of Directors to provide emergency communications
and dispatching services, including emergency medical dispatching services to other public
entities by contract, and
f) Whereas, CONFIRE has submitted a proposal to provide emergency
communications and dispatching services, including emergency medical dispatching services to
the DISTRICT, and through such proposal has indicated its authority, qualifications and fitness to
provide such services,
P237
STAFF REPORT
CI'n' IVfdNAGER~S OFFICE
Date: May 20, 2009
RANCHO
C,,UCAMONGA
To: Mayor and Members of the City Council
President and Members of the Fire District Board of Directors
Jack Lam, AICP, City Manager/Executive
From: Pamela S. Easter, Assistant City Manage
John R. Gillison, Deputy City Manager/A inistrative Servic
Subject: APPROVAL OF A MASTER AGREEMENT FOR EMERGENCY COMMUNICATIONS
AND FIRE/EMS DISPATCH SERVICES WITH CONSOLIDATED FIRE AGENCIES OF
THE EAST VALLEY (CONFIRE).
RECOMMENDATION
It is recommended that the Board of Directors/City Council:
1. Approve the attached Master Agreement for Emergency Communications and Fire/EMS
Dispatch Services with Consolidated Fire Agencies of the East Valley; and,
2. Authorize staff to send a Notice of Termination to the City of Ontario for Fire Dispatch and
Communication Services, effective December 31, 2009.
BACKGROUND
At the present time, the Rancho Cucamonga Fire Protection District and the City of Rancho
Cucamonga receive emergency communication/dispatch services, and related ancillary support
services, from the City of Ontario, through the Ontario Communications (OTC) Center, managed by
the Ontario Police Department. Since the days of the Foothill Fire Protection District, the District
received these services from the City of Ontario, through the oversight of Ontario Fire Department.
In 1988-89, however, Ontario reorganized and, the Police Department assumed the responsibility
for the management of both fire and police dispatch. Since that time the Ontario Police have
managed the OTC. OTC also provides fire and EMS dispatch services to Chino Valley Fire District
and the cities of Montclair, Upland and Ontario.
In December 2007, the Fire District Board of Directors reviewed and discussed Emergency Medical
Dispatch, a long standing goal of and component of the 1987, 2000 and 2005 Fire Strategic Plans.
Following this review, the Board unanimously directed staff to issue a Request for Proposal (RFP)
to solicit providers who would supply both emergency communications and emergency medical
dispatch services to the Rancho Cucamonga Fire District. The Board desired to move forward with
the implementation of EMD in order to improve patient outcomes, to improve operational efficiency
and resource availability, and thereby ensure the best possible level of emergency medical service
to the community. After having discussed EMD in some detail, the Board reached the conclusion
that because EMD and emergency communication/dispatch services are so intertwined, the RFP
should include both EMD and overall emergency communication/dispatch services.
P238
APPROVAL OF A MASTER AGREEMENT FOR EMERGENCY COMMUNICATIONS AND PAGE 2
FIRE/EMS DISPATCH SERVICES WITH CONSOLIDATED FIRE AGENCIES OF THE EAST
VALLEY (CONFIRE).
MaY 20.2009
Accordingly, in February 2008, the City issued an initial RFP to retain an outside consultant with
specialized expertise in both general and emergency communications, as well as the
implementation of emergency medical dispatch services. As a result of that RFP, the City retained
Pendleton Partners to assist with the solicitation and selection of a provider that would supply these
services. Through the efforts of City staff and Pendleton Partners, an RFP was developed and
released in March 2008. In April 2008, proposals were received from Ontario Police Dispatch
(OPD) the current District dispatch services provider; ConFire, a joint powers authority that provides
emergency dispatch services to various agencies in the eastern valley and high desert portion of
San Bernardino County; the City of San Bernardino; and the Rancho Cucamonga Fire District.
Following a review of the initial proposals received, City staff and Pendleton Partners identified that
of the four respondents Ontario Police Dispatch and ConFire had superior experience, qualifications
and cost projections. In June 2008, a working group consisting of City and District staff and
Pendleton Partners began asecond-phase of intensive evaluation of both OTC and ConFire
services. This "due diligence" evaluation was concluded in September 2008 and both entities were
determined to be fully qualified and experienced, interested and technically capable of providing the
desired services. Accordingly, in October 2008 a detailed Scope of Service (SOS) was issued to
both finalists to clarify the City/District desired services, necessary requirements and to solicit final
cost proposals.
Responses to the Scope of Services were received from both Ontario and ConFire in November
2008. In order to ensure clarity and precision regarding an integral service for the Fire Protection
District, final meetings were held with both entities to clarify their responses and provide an
opportunity for all parties to ask any final questions. Ultimately, in January 2009, City staff and
Pendleton Partners recommended to the City Council/Board, approval for staff to begin contract
negotiations with ConFire. This recommendation was principally based on ConFire's
implementation timeline for emergency medical dispatch, and the Fire District's ability to influence
and participate in ConFire governance. Another principal reason for this recommendation was the
cost-effectiveness of ConFire services, including the projected cost of services and associated
costs, and the means of calculating future costs. The City Council approved the staff
recommendations, directed staff to begin contract negotiations with ConFire, and appointed a
Council AdHoc Subcommittee of Mayor Pro Tem Michael and Councilmember Spagnolo to work
with the staff on this effort.
ANALYSIS
Since the City Council's direction in January 2009, City and District staff have spent the last five (5)
months negotiating a final Master Agreement for Emergency Communications and Fire/EMS
Dispatch Services with ConFire. The Master Agreement, which contains the final Scope of
Services, has been reviewed by both agencies' attorneys, and approved by the ConFire Board of
Directors and Administrative Chiefs Committee. Although both documents are quite detailed, there
are several key points of each document that should be highlighted. With respect to the Master
Agreement, the agreement provides that:
- Outside of the normal process for default, the agreement provides for an expedited
termination of the contract if the most basic services required are not provided for a period of
3 days.
P239
APPROVAL OF A MASTER AGREEMENT FOR EMERGENCY COMMUNICATIONS AND PAGE 3
FIRE/EMS DISPATCH SERVICES Vt~ITH CONSOLIDATED FIRE AGENCIES OF THE EAST
VALLEY (CONF)RE).
MnY 20, 2009
- The District is eligible to apply for membership in the ConFire Joint Powers Authority after one
(1) year of contract services. If a buy-in fee for infrastructure is required, that fee may be paid
over a period of up to five (5) years, without interest. Voting rights as a member begin after
the first installment payment on the buy-in fee.
- If the District desires to remain a contract agency, as opposed to exercising its right to
membership, ConFire cannot arbitrarily terminate the agreement in favor of an agency that
joins after RCFD.
- A clearly defined formula for determining the future cost of services.
The Scope of Services defines the particulars of how ConFire will provide services. This document
provides that:
- Both parties have a mutual goal to implement Emergency Medical Dispatch and achieve
accreditation status by the National Academies. of Emergency Dispatch.
- Both parties have agreed upon mutual performance measurements and goals and a process
to ensure continuous progress and improvement to meet those goals.
- Even while a contract agency, the District shall have representation on and participation in
ConFire's standing committees which set operational policy.
- Implementation of Medical Priority Dispatch Services as the approved emergency medical
dispatch system. This is widely considered the most advanced EMD system:
- Various procedures, protocols and systems related to radio systems, mobile data computers,
computer-aided dispatch, station alerting and other technology systems.
The above documents represent the participation of numerous City and Fire District staff members,
including the Council Ad Hoc Committee, executive management, mid-management, Fire
Association representatives, and "floor" personnel. The participating individuals will be introduced
at the May 20, 2009 City Council meeting. In addition, numerous members of ConFire, including
their Executive Director Rick Britt and his assistant, as well as several members of the
Administrative Committee of Fire Chiefs have cooperated extensively in negotiating both
documents and bringing the project to this point. Meetings are also ongoing with Ontario City
representatives to plan the transition for later this year. With the City Council/Board of Directors
approval of the Master Agreement, staff will also send a formal Notice of Termination to the City of
Ontario for Fire Dispatch and Communication Services, effective December 31, 2009.
As a final item, separate from this Master Agreement, staff is negotiating, and will bring back for
approval if necessary, an agreement with ConFire for Information Services. This agreement will
cover the technology hardware and software components related to dispatch, but owned by the
District which ConFire will maintain.
NEXT STEPS
With the approval of the Master Agreement, the Ad Hoc Committee, executive management, mid-
management staff, Fire Association representatives, and "floor" personnel will continue to work with
ConFire and the City of Ontario on preparing for the transition, conducting training, and the other
items necessary for the successful completion of this project.
P240
APPROVAL OF A MASTER AGREEMENT FOR EMERGENCY COMMUNICATIONS AND PAGE 4
FIRF_/EMS DISPATCH SERVICES WITH CONSOLIDATED FIRE AGENCIES OF THE EAST
VALLEY (CONFIRE).
Mnr 20.2009
RECOMMENDATION
It is recommended that the Board of Directors/City Council:
1. Approve the attached Master Agreement for Emergency Communications and Fire/EMS
Dispatch Services with Consolidated Fire Agencies of the East Valley; and,
2. Authorize staff to send a Notice of Termination to the City of Ontario for Fire Dispatch and
Communication Services, effective December 31, 2009.
Attachment:
1. Master Agreement for Emergency Communications and Fire/EMS Dispatch Services with
Consolidated Fire Agencies of the East Valley
P241
1 MASTER AGREEMENT FOR EMERGENCY
z COMMUNICATIONS AND
3 FIRE/EMS llISPATCH SERVICES
4 "Phis A,reement is entered into this _ day of , 2009 by and between the Rancho
5 Cucamonga Fire Protection District, a California fire protection district (hereinafter [he "DISTRICT") and
6 the Consolidated Fire Agencies of the East Valley, a joint powers authority providing centralized public
7 safety communications and dispatch services to fire and emergency medical agencies in San Bernardino
8 Counq~. California, (hereinafter "CONI'IRE").
9 ~. ~~CCIta~S
10 a) Whereas the DISTRICT is authorized under the California Emergency Medical Services
11 System and the Prehospital Emergency Medical Care Personnel Act, California Health and Safety Code
12 Section 1797, et seq. (the "EMS Act"), as well as California Health and Safety Code Section 13860 et.
13 seq. to provide fire protection and emergency medical services to persons within its District boundaries,
14 and to obtain emergency communications services by contract, and
15 b) Whereas prior to .lone I, 1980, and adoption of the EMS Act, the DISTRIC"f provided
16 (ire protection and emergency medical services to persons within its DISTRICT boundaries, and obtained
17 and utilized emergency medical dispatch services by contract, and
18 c) Whcrcas, the DIS"1'RIC"I' published a Request for Proposal (hereinafter "RPP")
1.9 describing its requirements for emergency communications services, and
20 d) Whcrcas, the DIS"fRIC'f has conducted an evaluation of providers oP emergency
21 communications and dispatching services, including emergency medical dispatch services, and
22 c) Whcrcas, CONFIRE is authorized under the EMS Act, the local F,MS agency (ICEMA,
23 ~ or its successor), and by its Board of Directors to provide emergency communications and dispatching
24 services, including emergency medical dispatching services to other public entities by contract, and
25 f) Whereas, CONFIRL' has submitted a proposal to provide emergency communications and
26 dispatching services, including emergency medical dispatching services to the DISTR]CT, and through
27 such proposal has indicated its authority, qualifications and fitness to provide such services,
28 g) Whereas, DIS"I'RIC"f has evaluated the CONFIRB proposal and deemed it to be superior
29 to all other offers and proposals received, and in the best interest of the DISTRICT, citizens and residents
30 located within the District's jurisdiction, and
1
P242
1 h) Whereas, it is the desire and intent of the parties hereto to enter into an agreement by
2 which CONPIRF, will provide emergency communications and dispatching services, including emergency
3 medical dispatching services, to the DISTRICT.
4 No~~~, therefore, in consideration of the mutual covenants contained herein, and for other good
5 and valuable consideration, [he receipt and sufficiency of which are hereby acknowledged, [he parties
6 hereby agree as follows:
7 2. Definitions
8 Cause. "Causc° shall be defined as a material breach of this Agreement.
9 Ordinary Fces. "Ordinary Fees" shall be defined as those fees which CONFIRE would ordinarily charge
10 the DIS'fRIC'h if tfiey were then a current contract customer.
11 Calls (br Service. "Calls for Sen~ice" shall be defined as reports of emergency or non-emergency
lz incidems that result in the initiation of a field event in the CONFIRE computer aided dispatch, whether or
13 not such call results in a field response.
14 Days_'`Days" shall be defined as calendar days unless otherwise defined.
15 Membership. "hembership' shall be defined as the ability of the DISTRICT to join the presently
16 existing CONGIRE joint powers authority as a full voting party under the existing joint powers authority
17 agreement, as provided for in California Government Code 6500, et. seq.
18 Minimum Mandatory Services. "Minimum Mandatory Services"shall be defined as those services that
19 arc more Pully set forth in the attached Scope of Services, attached as Exhibit "A" hereto and incorporated
20 by reference herein, and which consist of the minimum services that CONFIRE must supply in order to
21 provide the. DIS"ERIC"f and its constituents with a minimal level of emergency communications services.
zz 3. Description of Services
23 Under this Agreement, and in accordance with any and all local, state, and federal statutes,
24 regulations and laws including, but not limited to, all rules, protocols and regulations of the local EMS
z5 agency, ICEMA, or any successor thereto, CONFIRE shall supply all services as described herein, and as
2
P243
1 set forth more fully in the Scope of Services attached hereto as Exhibit "A" and incorporated by reference
2 herein, including, but not limited to, [he Minimum Mandatory Services, and the following:
3 a) Answer telephone calls and_ receive communications from the public and other agencies
4 seeking the assistance of the DISTRICT, and collect all necessary information from the person or entity
5 requesting assistance so as to allow CONFIRE and .DISTRICT personnel to effectively manage and
6 respond to the Call for Service.
7 h) Manage DISTRICT Calls for Service by obtaining and maintaining proper incident
8 information and assigning appropriate units and personnel:
9 c) Maintain timely, accurate, and articulate communications between CONFIRE and the
LO DISTRICT' and between CONFIRE and personnel and units from other entities that may be co-operating
11 with the DISTRICT.
12 d) Prcrvide and appropriately manage and supervise qualified, trained and adequate personnel,
13 including professional emergency medical dispatchers who are trained and satisfy applicable standards, to
14 maintain the level of services described herein.
75 c) Provide and maintain appropriate technologies to enable CONFIRE personnel to carry out the
16 functions described herein.
v 4. 'JPA Membership
18 "fhe DISTRICT has requested, and CON FIRE has agreed, that it would be in the mutual interest
19 of hoth parties for the DISTRICT to become a member of [he CONFIRE joint powers authority (JPA) as
20 provided for in California Govermnent Code Section 6500 et. seq. CONEIRE therefore agrees to expend
21 hest efforts to amend the by-laws of the JPA to provide a process that will allow for new member
22 agencies to he added to the JPA, including but not necessarily limited to the DISTRICT. In the event that
23 the JPA agreement is amended to allow for new members, CONFIRE hereby agrees to offer the
24 DISTRICT membership, and further agrees that it will not unreasonably withhold approval of the
25 DIS"fRICI as a new JPA member. Should membership be denied, CONFIRE shall notify-the D[STRIC"f
Z6 in writing of said denial, including reasons for the denial and a process whereby the DISTRICT can re-
27 apply for membership at a later date. The DISTRICT acknowledges the possibility that membership may
28 entail a ono-timc'`buy-in fee" in addition to ordinary contract fees. CONFIRE will allow the "buy-in fee"
3
P244
1 , to be paid over a period not to exceed five (5) years, in equal installments, without interest, provided each
2 payment is made no later than June 30'h of the fiscal year. All late or delinquent payments will accrue
3 interest at the then current Local Agency Investment Fund rate, compounded daily, until brought current.
4 Voting rights as a member agency shall begin following receipt of the first payment of the "buy-in fee"
5 and shall only be suspended, during a delinquency period, until all payments are brought current. "there
6 shall be no early payment penalty. ' In the event that, after eighteen (18) months from the date of
7 execution of tliis Agreement, CONFIIZG is unsuccessful in amending its joint powers agreement to
8 provide a process to permit new members to be added to [he JPA, CONFIRE agrees that it will continue
9 to offer emergency communications services to the DISTRICT for as long the DISTRIC"t shall-desire
]0 said services, that the DISTRICT shall have a superior order of preference over later contracting agencies
11 should any circumstances arise in which there is a conflict beriveen contracting agencies, and the cost for
12 said services shall be determined in the same manner as it is for JPA members. Notwithstanding the
13 foregoing pledge, the requirements of this section shall not abridge the DISTRICT'S or CONFIRE's right
]4 to terminate this Agreement for Default, as described herein.
is 5. Term of Agreement
16 "I'he term of this Agreement shall commence on January I ~', 2010 and continue thereafter until
17 Rih~l''. 2012. renewing automatically thereafter on a fiscal year basis unless;
18 a) DISTRICT becomes a member of the CONFIRG joint powers authority, or
19 b) DISTRIC"f shall terminate this Agreement Por cause or convenience, or
20 c) CONFIRE shall terminate this Agreement for cause.
Z] ~ In the event that either party shall terminate this Agreement prematurely, the conditions of Article
22 6. 'termination and Default. shall apply.
z3 6. Termination and llefault
24 a) In the event that the .DISTRIC"f becomes a member of the JPA, this Agreement shall
z5 terminate at midnight on the day prior to the firs[ day of the DISTRICT"s membership in the JPA.
26 h) In the event of a termination for convenience by the DISTRIC"I', D1S"I'RICT shall deliver to
27 CONPIRF a written "Notice of Termination" to the person(s) named in Article I5, "Notice" hereafter. In
28 the event that DISTRICT shall deliver said Notice to CONFIRE more than six months before the
29 beginning of CONFIRE's next fiscal year, the DISTRICT shall continue payment for services and the
4
P245
1 effective date of the termination shall be the last day of the current fiscal year. If the DISTRICT shall
2 deliver said Notice less than six months before the end of the current fiscal year, the effective date of the
3 termination shall he no sooner than the last day of the succeeding fiscal year:
4 c) • In the event that the DISTRICT shall terminate this Agreement for cause (hereafter
5 '`Default"), the DISTRICT shall deliver to CONFIRE a written "Notice of~Default" to the person(s)
6 -named in Article li, "Notice" hereafter, as-soon as practicable after said Default occurs. The Notice shall
7 detail the specific actions or omissions which constitute Default under this Agreement, and shall provide
8 CONFIRE a period of not less than 30 days in which to cure the default. Upon receipt of the "Notice of
9 Default" CON FIRE shall, upon the written demand of [he DISTRICT, provide within ren days a plan fbr
10 curing the Default. In the event that CONPIRG fails to deliver the cure plan to the DISTRICT as
1.1 prescribed, or cure the Default within the time period allotted, whichever occurs first, the DISTRICT may
12 dclivcr to CONPIRE a "Notice of Termination" immediately thereupon. Said Notice shall set an effective
13 date for the termination of the Agreement not less than 90 days hence.
14 d) Notwithstanding the requirements of the preceding section, in the event that CONFIRE shall
15 fail to either provide [he Minimum Mandatory Services for a period of four (4) consecutive days, or shall
16 fail to provide any services at all for a period of 24 consecutive hours, the DISTRICT shall he released
17 from all cure and waiting period requirements of Article 6, subsection c) above; provided that the four day
18 period for the failure to provide Minimum Mandatory Services or the 24 hour period for the failure to
19 provide any services shall not begin to run until such time as the DIS"I'RICT shall deliver to the Director
20 of CONPIRE, or the most senior member of CONFIRE then on duty, a written "Notice of Default and
21 'termination". In this event, the "Notice of Default and Termination" shall state with the particulariq~ the
22 services which are not brine provided b}' CONFIRE as required by this Agreement. Upon receipt of the
23 '`Notice of Default and Termination" CONFIRE shall have 48 hours to provide in writing to the District a
24 plan for curing the Default prior to the expiration of the four day period. In the event that CONPIRE fails
25 to dclivcr the cure plan to the DIS"I'RICT as prescribed, or cure the Default within the time period
26 allotted. the DIS'1'RIC'I~ shall have the right to terminate this Agreement immediately.
27 c) In the event of a l'enmination as noted in Section 6(d), [he DISTRIC"f shall forthwith be
28 released (?om its oblieations hereunder.
29 ~ In the event that CONFIRF., shall terminate this Agreement for cause (hereafter "Default").
30 CONPIIZI shall deliver to the DISTRICT a written "Notice of DefaulC'to the person(s) named in Article
31 I5. "Notice`', hereafter, as soon as practicable after said Default occurs. The Notice shall detail the
32 specific actions or omissions which CONFIRG claims constitute Default of this Agreement, and shall
33 provide the DISTRICT a period of not less than 30 days in which to cure the default. In the event that the
34 DIS'IIZIC'f fails to cure the Default within the allotted time CONFIRE shall continue to provide services
5
P246
1 fur the DISTRICT for a period of not Icss than one hundred eighty (180) days, but shall be entitled to
2 Ordinary Fecs during that time.
3 7. Cost of Services
4 Annually. CONPIRE shall determine the cost of providing the services described herein
5 (hcreinaficr "Cost of Services'') [o the DISTRICT for each succeeding year, in accordance with the
6 followin~~ formula. "fhe Cost of Services will be determined by dividing the sum of all CONFIRE costs,
7 by the total number of Calls for Service handled in the previous fiscal year by all the fire and GMS
8 agencies for which CONPIRE provides services, and then apportioning to each agency the percentage of
9 the Cost of Services represented by its Calls for Service in the previous year, or such other equitable
10 method of determining the Cost of Services as is approved by and applied to all CONFIRE JPA member
11 agencies.
12 For example, if the total number of Calls for Service handled by CONFIRE for its serviced
13 agencies is 100,000 in a given year, and CONFIRE's total expenses for that year are $1,000,000, then the
14 Cost of Services shall be $10,000 for each one percent of the total Calls for Service that are allotted to a
15 specific agency.
16 8. f3i11inQ and Payment
17 In consideration for the services described herein, the DISTRICT agrees to pay CONPIRE the
18 Cost of Services, established by the formula described in Article 7, `'Cost of Services" above, on a semi-
19 annual basis (January I" and July 1'" each year). CONFIRE shall prepare and deliver to the DIS"fRICT an
20 invoice stating the Cost of Services for the upcoming six month period, not less than three months prior to
21 the payment due date.
22 Payments shall be due and payable on the first day of the period for which the im~oice applies. If
23 DIS'I IZICT fails to make payment as specified within 60 days of receipt of invoice. CONPIRE shall be
24 entitled to interest in the amoum of one percent (1%) per month. If the DISTRICT fails to make payment
25 as rcyuired for a period of ninety (90) days, CONFIRE may declare the DISTRICT to be in Default and
26 proceed according to the conditions stated within Section 6 (f).
6
P247
1 9. Mutual Indemnification
2 CONPIRG and the DISTRICT agree to indemnify, defend and hold harmless each other, and
3 each party's elected officials, officers, directors, employees and agents from and against any and all
4 claims, liabilities, demands, suits, judgments, expenses, attorney's fees and costs of any and every kind
5 insular as it may legally do so, arising out of or resulting from the acts or omissions, or failure to comply
6 ~a~ith any local, state or federal statute, law or regulation, on the part of the indemnifying party, or any of
7 its oflicers.~agents, volunteers, or employees, in the performance of this Agreement, except to the extent
8 any such claim or liability is caused by the intentional misconduct of [he other party. CONFIRL-' shall not
9 he held responsible or liable for any loss, damage, detention, or delay caused by strike, lockout, flood, act
10 of civil or military authoriri, insurrection, or riot, or by any other cause which is beyond its control, nor
11 shall DIS"fRICI" be held liable for any emergency services provided in response to CONhIRE's
12 performance under this Agreement.
13 10. Independent Contractor Status
14 CONPIRE and DISTRICT shall pay all wages, salaries, and other amounts due to their own
15 personnel in connection with any and all services under this Agreement, as required by law, including all
16 necessary taxes, workers compensation and unemployment insurance. Employees or agents of one party
17 shall not be deemed employees of the other for any purpose,
18 11. Assignment and Subcontractin
19 Ncithcr party hereto shall have the right to assign any part of this Agreement, or subcontract any
20 required performance. without the prior written consent of the other party, and any assignment made or
21 attempt to subcontract, without such written consent, shall be null and void. Such consent shall not he
22 unreasonably withheld, however, and upon approval of any assignment, this Agreement shall be binding
23 upon any such assignee.
7
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1 12. Scvcrability
2 If am' provision of this Agreement is for any reason held to be im'alid or unconstitutional by the
3 decision of any court of competent jurisdiction, or by any preemptive legislation, such decision or
4 legislation shall not affect the validity of the remaining portions of this Agreement.
5 13. Attorney Fees and Costs
6
7
Ifany legal action is instituted to enforce any party's rights hereunder, each party shall bear its
own costs and attorney fees regardless of which is [he prevailing party.
8 14. VCnUC
9 Vcnuc for any Iceal claim or action brought by any party to this Agreement will be the Superior t
10 Court of California, San I3crnardino County. "fo the estent permitted by law, each party hereb}' waives
11 any law or rule of the court, which would allow such party to request or demand a change of venue. If any
12 action or claim concerning this Agreement is brought by any third-party and filed in another venue. [he
13 parties hereto agree to use their best efforts [o obtain a change oP venue to the Superior Court of
14 California, San I3crnardino County.
is l5. Notices
16 Any notices required or permitted hereunder shall be in writing and deemed given when delivered
17 in person or at the end of the third business day after being deposited in the United States mail, certified,
18 postage prepaid, addressed as follows:
19 If to CONPIRF.: CONPIRB JPA
20 1743 Miro N'av
21 Rialto. CA 92376
22 Attn: Communications Director
23
24 If to the DIS'I'RIC"f: Rancho Cucamonga Fire Protection District
25 1000 Civic Center Drive
26 Rancho Cucamonga, CA 91730
27 Attn: City Manager and Fire Chief
8
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1 16. No Third Partv Beneficiaries
2 It is the intention of the parties to create rights, duties and obligations only to each other. No
3 third party shall have any right of action hereunder, nor shall any party other than the DISTRICT or
4 CONKIRE have a right to enforce any provision of this Agreement.
5 17. Entire Agreement
6 this Agreement, together with any and all Exhibits, constitutes the complete agreement between
7 the parties with respect to the matters contained herein, and supersedes and terminates-any and all prior or
8 contemporaneous contracts between CONFIRE and the DISTRICT with respect to matters covered
9 herein. No representation or promise, verbal, written, express or implied, that is not set forth herein, shall
10 be binding or have any effect or effect. This Agreement can be modified only by a written instrument,
11 signed by hoth parties.
12 18.~ Insurance
13 a) I~he parties shall at all times during the tcnn of this Agreement carry, maintain, and keep in
14_ full force and effect, insurance as follows:
15 I. Commercial General Liability Insurance with minimum limits of One Million Dollars
16 ($1,000,000) for each occurrence and Two Million Dollars ($2,000,000) in the aggregate, for any
17 personal injury, death, loss or damage.
18 2. Worker's Compensation insurance as required by the State of California.
]9 b) The parties shall require each of its subcontractors to maintain insurance coverage that meets
20 all of the requirements of this Agreement.
21 c) The policies required by this Agreement shall be issued by an insurer admitted in the State of
22 C~ilifornia and with a rating of at least A:VII in the latest edition of BesYS Insurance Guide.
23 d) The parties agree that if a party does not keep the insurance required in this Agreement in full
24 force and effect. the other may either immediately terminate this Agreement .
9
P250
1 c) Prior to commencement of performance under this Agreement, the parties shall file with each
2 other a certificate or certificates of insurance, together with endorsements, showing that the insurance
3 politics arc in effect in the required amounts.
4 f) The panics shall provide proof that policies of insurance expiring during the term of this
5 Agreement have been renewed or replaced with other policies providing at least the same coverage. Such
6 proof will be furnished at least two weeks prior to the expiration of the coverages.
7 g) Each general liability policy of insurance shall contain an endorsement naming the other
8 party, its officials, officers, employees, agents and volunteers as additional insureds. Said policies shall
9 contain an endorsement providing that the policies cannot be canceled or reduced except oii thirty (30)
10 days' prior written notice to the other. "fhc parties agree to require their insurers to modify the certificates
11 of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of
12 cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice
13 provisions.
14 h) The insurance provided by each party shall be primary to any other coverage available to the
15 other. Any insurance or self-insurance maintained by either party, its officials, officers, employees,
16 scents or volunteers, shall be in excess of the other partys insurance and shall not contribute with it.
17 i) All insurance coverage provided pursuant to this Agreement shall not prohibit either party or
18 cithcr party's employees, agents or subcontractors, from waiving the right of subrogation prior to a loss.
19 Each party hereby waives all rights of subrogation against the other.
20 j) -Any deductibles must be approved by both parties.
21 I:) Procurement of insurance by cithcr party shall not be construed as a limitation of either
22 paily's liability or as full performance of either partys duty to indemnify, hold harmless and defend
23 under this Aarcement.
24 I) DIS'T'RICT and CONPIRB may satisfy the requirements of this Article 18 by providing the
25 other party with evidence satisfactory to the other party that DIS"ERIC"f and/or CONPIRE is self insured.
z6 19. Counterparts
27 phis Agreement may be executed in counterparts, each of which shall constitute an original.
10
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1 20. Additional Services
2 l his Agreement contemplates the possibility of additional contractual arrangements between
3 C;ONPIRF, and DIS"IRICT for ancillary support services related to this Agreement, but not required by i[.
4 Such services could include, but are no[ limited to, dispatching of animal center related calls and
5 information services support. The parties hereby acknowledge that while such services are contemplated.
6 no specific terms and conditions regarding said services have been discussed as of the date of execution
7 of this Agreement. Both parties agree to discuss such services, if mutually desirable, in the future, and
S CONPIRF agrees that it will provide the DISTRICT, if so requested, such ancillary services as it provides
9 to other agencies, and nn comparable terms and conditions.
11
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Scope of Services
Emergency Communications for the
Rancho Cucamonga Fire District
1. Preamble
The Rancho Cucamonga Fire District, hereinafter DISTRICT, provides all risk fire
suppression and emergency medical services for the City of Rancho Cucamonga and
approximately 10 square miles of contiguous unincorporated areas around the City. In
addition, the DISTRICT provides hazardous material response, emergency preparedness
and response, arson investigation, fire prevention and inspection, and urban-wildland
interface protection to the same service area.
In 2007, the DISTRICT received more than 36,000 calls for assistance from the public. Of
these calls, slightly more than 12,000 were dispatched to one or more DISTRICT units for a
field response. As the first point of contact between the public who needs help and the
DISTRICT, communications is an essential part of the DISTRICT'S service delivery
mechanism. Consistency, reliability, efficiency, accuracy, and skill are all characteristics of
the communications services that the DISTRICT and its constituents expect.
The DISTRICT has recently completed an evaluation of its needs and a competitive
procurement process, to contract the services of a professional provider of emergency
medical and fire dispatch and communications services.
As a result of this process, the DISTRICT has selected ConFire, hereinafter CONFIRE, a
joint powers authority providing emergency communications services to fire and EMS
agencies in San Bernardino County, to provide communications services for the DISTRICT.
This Scope of Service is intended by the parties as a general description of the services to
be provided, and is incorporated by reference into the Master Agreement between the
parties as the description of said services.
The parties acknowledge, however, that it is not possible to describe every aspect of
emergency communications services in detail and that not all aspects of the necessary
services can be described at this time. In recognition of this fact, the DISTRICT relies upon
CONFIRE's professional capabilities as a provider of emergency communications services
to provide emergency communications services according to normally accepted industry
.standards, and to use its best judgment and consultation with the DISTRICT in providing
services that are not specifically described herein.
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Further, the parties acknowledge that emergency communications is a fast-paced and
complex activity that cannot be fully dictated by this Scope of Services, and as such, the
DISTRICT is relying upon the professionalism, judgment, training, and experience of
CONFIRE and its personnel to make operational decisions about the appropriate provision
of services for the DISTRICT. This Scope of Services is intended, therefore, to describe the
routine manner of services and functions, but CONFIRE shall, under exigent or exceptional
circumstances, be authorized to use it own discretion in the delivery of services consistent
with industry best practices, and the best interests of the DISTRICT and its constituency.
Finally, the parties also acknowledge that it is the mutual goal of both CONFIRE and
DISTRICT to implement Emergendy Medical Dispatch and to achieve accreditation status by .
the National Academies of Emergency Dispatch (NAED). To that end, both parties hereby
expressly acknowledge and agree that all numerical performance measurements contained
herein, including necessary Medical Priority Dispatch Services quality assurance, or
comparable mutually satisfactory alternatives, shall be jointly adopted by CONFIRE and
DISTRICT as Mutual Goals, regardless of how the measurements or goals are written within
the specific sections of the document. Unless otherwise noted herein, said Mutual Goals,
including but not limited to those goals contained in Sections 9-12, shall be reviewed not
less than once a quarter between the parties for the purpose of determining if said
measurements are being met, and if not, whether trend data from the last quarter indicates
incremental improvement towards the goal. If the Mutual Goal is not being met, and trend
data does not indicate incremental improvement towards the goal, the parties agree to meet
and mutually discuss potential alternatives that are reasonably designed to ensure
incremental improvement towards the goal.
The DISTRICT acknowledges that adoption of alternatives as noted above will require
approval of the. CONFIRE Administrative Committee, and potentially other internal
committees or the Board of Directors. CONFIRE agrees to consider in good faith, any
reasonable measures suggested by the DISTRICT that are intended to ensure incremental
improvement towards the goal, provided such measures are, or can be, funded out of
existing CONFIRE revenues, including revenues from the DISTRICT, with minimal or no
increase to other members expenses. Any changes in protocols requested by the
DISTRICT shall be discussed at the Administrative Committee and Technical Committee
level, and are subject to approval by the same, if required.
2. Definitions
2.1. "Requirement" means any definition or action described herein that CONFIRE is
compelled to comply with under the terms of this AGREEMENT. Generally
sentences that include the word "shall", will be considered a statement of a
"requirement".
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2.2. "Services Manager" shall mean an exclusive person who has been appointed by
CONFIRE to act as the single point of contact between CONFIRE and the
DISTRICT, whose duty it is to answer inquiries from the DISTRICT, investigate
complaints, and otherwise facilitate the provision of services to the DISTRICT by
CONFIRE.
2.3. "Contract Manager" shall mean an exclusive person who has been appointed by
CONFIRE to act as the single point of contact between CONFIRE and the
DISTRICT, whose duty it is to handle contractual and financial issues pertaining to
this Agreement.
2.4. "DISTRICT-approved protocols" shall mean that set of process rules that inform
CONFIRE and its personnel about the method agreed upon by CONFIRE and the
DISTRICT for carrying the services under this Agreement. Such process rules must
be approved by the CONFIRE Technical Committee and the CONFIRE
Administrative Committee if required. The purpose of the committee's approval is to
ensure policies and procedures used within the dispatch center are consistent across
all agencies. These consistencies help ensure a systematic and efficient process in
the center.
2.5. "Mission Critical" shall mean any service or aspect of the services provided herein
that are necessary for the effective and efficient provision of fire or medical services
to the public.
2.6. "Emergency Calls" shall include all calls received on a 9-1-1 trunk, transferred by
another agency and identified as an emergency call, and those calls which are
received on seven digit numbers that the DISTRICT has identified as lines for
reporting emergencies. "Emergency Calls" shall mean any call for service to which
DISTRICT units would normally respond with an emergency lights and siren
response.
2.7. "Non-Emergency Calls" shall mean any call for service to which DISTRICT units
would normally respond without emergency lights and siren.
2.8. "Call Pick-up" shall mean the point at which a call for service is answered by a
member of the CONFIRE staff.
2.g. "EMD Compliance" shall mean actions that are in accordance with the California
Emergency Medical Services Authority's Emergency Medical Services Dispatch
Program Guidelines.
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2.10. "Minimum Mandatory Services" shall mean those services which constitute the
minimum services that shall be provided by CONFIRE, without the performance of
which CONFIRE shall be in default according to the terms of the Master Agreement.
Minimum Mandatory Services shall be indicated by the initials "(MS)" after each such
requirement, but shall not include sub-requirements unless specifically enumerated.
2.11. "Mutual Goal" shall mean a goal in which the District and CONFIRE have agreed to
use as a performance measurement goal. Reports will be established to measure
progress towards achieving the goals and presented to the Administrative Committee
monthly for review.
2.12. "Business Days" shall mean Monday through Friday.
3. General Requirements
3.1. CONFIRE shall provide communications services for the DISTRICT, its field units,
on-duty personnel, and persons requesting the aid of the DISTRICT. (MS)
3.2. CONFIRE's services shall comply with each requirement set forth herein.
3.3. CONFIRE shall conduct itself in a professional manner, consistent with the "best
practices" of the industry in the provision of services for the DISTRICT.
3.4. In the event of any ambiguity in the requirements herein, CONFIRE shall consult the
DISTRICT Contract Manager and request the DISTRICT to provide direction.
3.5. Unless specifically superseded by this Scope of Services, CONFIRE shall provide
services for the DISTRICT in the same manner and at the same level of
professionalism as they do for any other JPA member. (MS)
3.6. CONFIRE's services and facilities shall be compliant with all applicable aspects of
the Health Insurance Portability and Accountability Act (HIPAA) the Confidentiality of
Medical Information Act (Cal. Civil Code Section 56 et. seq.) and any and all other
laws and regulations applicable to medical information and records.
3.7. CONFIRE shall provide to the DISTRICT a staffing and organization plan, specifying
the number of call-takers, dispatchers, and supervisors, their duty times and
assignments, not less than 120 days prior to the initiation of services under this
AGREEMENT. ("Staffing and Organizational Plan")
3.7.1. CONFIRE shall provide an update to the Staffing and Organizational Plan
to the DISTRICT not less than once per annum. (MS)
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3.8. All full-time personnel utilized by CONFIRE to provide direct, emergency
communications services shall be CONFIRE employees, not independent
contractors.
3.8.1. CONFIRE shall notify the DISTRICT of any exceptions.
3.9. CONFIRE shall maintain a plah for the continuation of services to the DISTRICT in
the event of a wide variety of failures or events that could impede performance
hereto. The plan shall include; but not be limited to, the failure of individual
technology systems, labor events, and damage to or disablement of the CONFIRE
facility, such that call taking and /or dispatching services are impeded for any period
of time. ("Business Continuation Plan") (MS)
3.9.1. At a minimum, the Business Continuation Plan shall include:
3.9.1.1. A provision and procedure for displacing to an alternate facility that is
capable of providing the Minimum Mandatory Services in the event of a
catastrophic failure to the primary facility.
3.9.1.2. A provision and a procedure for rerouting Emergency Calls to the
alternate facility in the event that CONFIRE is unable to accept such calls
at its primary facility.
3.9.1.3. A provision and procedure for staffing the alternate center in the event of
an activation of the center.
3.9.2. CONFIRE shall provide a copy of its Business Continuation Plan in writing to the
DISTRICT for review and comment not less than 60 days prior to the inception of
services under this contract, and not less than 60 days prior to the beginning of each
fiscal year. (MS)
3.9.3. The DISTRICT shall have the right to review and comment on the plan, and
CONFIRE shall respond to any DISTRICT comments in writing within 30 days.
4. Governance and Contract Administration
4.1. CONFIRE shall appoint an individual on its staff who will act as the Services
Manager under this Agreement and any changes in the designated person shall be
conveyed in advance to the DISTRICT's Service Manager.
4.2. CONFIRE shall appoint an individual on its staff who will act as the Contract
Manager under this Agreement and any changes in the designated person shall be
conveyed in advance to the DISTRICT's Contract Manager.
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4.3. The Parties acknowledge that CONFIRE has an Administrative Committee and a
Technical Committee which meet regularly to discuss JPA policy and management
issues. During the term of this AGREEMENT the DISTRICT shall have non-voting
representation on each of CONFIRE's standing committees in accordance with the
procedures used for member agencies.
4.4. In the event of an adverse decision by either the CONFIRE Contract or Services
Manager, the DISTRICT shall have the right to appeal the Managers' decision to the
CONFIRE Administrative Board, and such Board shall allow DISTRICT
representatives areasonable allotment of time in an open meeting to make their
appeal.
4.5. CONFIRE shall maintain formal policies, procedures, guidelines, and other internal
regulations for each aspect of its emergency communications services.
4.6. CONFIRE shall deliver to the DISTRICT'S Contract Manager a current copy of these
policies, procedures, guidelines and regulations not less than 120 days prior to the
initiation of services under this AGREEMENT.
4.6.1. CONFIRE shall provide updates or changes to the policies and
procedures to the District at least 30 days prior to publishing such
changes or amendments.
4.7. CONFIRE shall review with the DISTRICT, the protocols for all aspects of call
handling, unit control, and data administration at least once per annum (MS).
5. Communications Services
Call taking
5.1. CONFIRE shall answer and process according to MPDS protocols all incoming
communications from any party requesting the assistance of the DISTRICT. Such
communications may arrive via 9-1-1, transfer from a DISTRICT office or station, a
direct call to CONFIRE's facility, or by other means. (INS)
5.2. In the future, it is expected that calls for service may be received via the Internet, text
messages, or a variety of other means. CONFIRE shall keep abreast of changes in
emergency communications and take appropriate steps to ensure that all calls and
pertinent information can be captured from any commonly used communications
methodology. CONFIRE approval and budgetary constraints will determine the
specific timing of implementations.
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5.3. CONFIRE shall interrogate all callers according to MPDS protocols to determine the
nature of the request for service and other information that will enable DISTRICT
units to address the incident in the most efficient and effective manner. (MS)
5.4. In the event of a request for emergency or field services, based on MPDS protocols,
CONFIRE shall gather such information as it, and the DISTRICT shall reasonably
need in order to locate and provide appropriate services to the caller. (MS)
5.4.1. In the event that the caller does not require emergency or field services, CONFIRE
shall use DISTRICT-approved protocols and make a reasonable effort to render
assistance to the caller.
5.5. CONFIRE shall capture information for each incoming call based on MPDS
protocols.
5.5.1. In the event that the instant call refers to a previously reported event,
CONFIRE shall process the call in accordance with NAED accepted
procedures.
5.5.2. In the event that the call does not generate a DISTRICT response,
CONFIRE shall record information about the call based on DISTRICT-
approved protocols and the caller shall be provided with the non-
emergency number for the DISTRICT.
5.6. For callers requesting emergency medical services, CONFIRE shall employ the
Medical Priority Dispatch System (MPDS) for caller interrogation. (MS)
5.6.1. The MPDS used shall be compliant with the most current published
Emergency Medical Services Dispatch Program Guidelines, as published
by the California Emergency Medical Services Authority, (as of the
effective date hereof, the most current published are March, 2003),
and the Inland Counties Emergency Medical Authority.
5.6.2. Under extraordinary circumstances, as mutually agreed by the parties,
CONFIRE shall have the authority to suspend the utilization of the MPDS
protocols.
5.7. Once engaged in the processing of an emergency call for service, CONFIRE shall
not disconnect or place the caller on hold for an aggregate period of more than 15
seconds prior to securing the location and nature of the emergency, and
communicating these details to a dispatcher so that emergency units can be
assigned and dispatched.
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5.8. Once initial call processing activities have been completed, CONFIRE personnel
shall remain on the line with the caller as long as is necessary to gather additional
information that may be useful for processing the call for service, or for the purpose
of providing DISTRICT-approved instructions to the caller that may advance the
interdiction of the emergency event.
5.8.1. Based on the volume of activity and other factors, CONFIRE's
personnel shall have the authority to determine how much time they
are able to devote to each call.
5.9. CONFIRE shall provide pre-arrival instructions to caller's requesting emergency
medidal care as available in the MPDS and directed by the medical oversight
officer. (MS)
5.10. CONFIRE shall make a good faith effort to redirect or assist with non-emergency
calls pertaining to DISTRICT business that are erroneously routed to CONFIRE's
facility.
Command and Control Functions
5.11. In the event that a field response is required for a call for service, CONFIRE shall
enter the details of that call into its computer aided dispatch (CAD) system, and
dispatch the appropriate DISTRICT and other resources based on DISTRICT-
approved protocols. (MS)
5.12. CONFIRE shall use resource assignments provided by the District to determine the
resources that will be sent to a given call for service. (MS)
5.12.1. If a DISTRICT official chooses to override the CONFIRE assignment
decision, the radio controller shall make the necessary assignment
changes. (MS)
5.13. CONFIRE shall use resource assignments provided by the District for emergency
medical calls based on the selected MPDS determinant code. (MS)
5.14. CONFIRE shall maintain a log of the status and location of all DISTRICT resources
at all times based on DISTRICT reported unit locations or automated vehicle location
reports. (MS)
5.15. CONFIRE shall maintain contact via CONFIRE supported radio channels with all
first-line DISTRICT units of all times, unless the unit is out of service or in quarters.
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5.15.1. In the event that a DISTRICT unit is assigned to an incident scene and
-communications for that incident scene are being handled on a separate
frequency, DISTRICT units shall generally be responsible for scene
communications, but CONFIRE shall at the request of the incident
commander provide reasonable assistance as needed.
5.16. CONFIRE shall establish procedures for sounding an evacuation alert to all
personnel operating on an emergency scene that is distinct from any other alert or
tone that may be utilized for other purposes.
5.17. CONFIRE shall establish procedures for initiating a Personnel Accountability Report
(PAR) at an emergency scene.
5.17.1. CONFIRE shall have procedures to monitor the emergency button
activation on portable radios and ensure appropriate procedures are
implemented in the event of an actual activation.
5.18. When alerting DISTRICT resources for an assignment CONFIRE shall communicate
the assignment tb each affected unit by voice radio, pager, station alerting system,
and mobile data computer, as appropriate and available. (MS)
5.19. When requested, CONFIRE shall provide company officer, administration and
support services paging and notification on the initial dispatch according to
DISTRICT-approved protocols.
5.20. CONFIRE shall have the ability to use the real-time location of the DISTRICT's
resources to enhance the unit recommendation process.
5.21. Once an initial assignment for an event has been made, CONFIRE shall continue to
provide the responding units with updates and new information as they become
available. (MS)
5.22. When DISTRICT resources are dispatched to a call, CONFIRE shall have the ability
to transmit the assignment on both the primary (800 MHz) and the back-up (VHF)
radio networks.
5.23. Based on DISTRICT-approved protocols, or as requested by a DISTRICT official,
CONFIRE shall notify additional non-District resources (e.g. police, mutual aid, etc.)
to assist with the call for service. (MS)
5.24. 'As equipped and trained, CONFIRE shall provide reasonable assistance to
DISTRICT units in the completion of their duties. (MS)
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5.25. CONFIRE shall develop policies and procedures for the assignment of personnel to
provide dedicated assistance on large-scale incidents, including the assignment of
personnel to assist with the operation of communications equipment in the field. The
availability of such personnel being dependent upon the availability of dispatchers
and the personnel requirements of the dispatch center.
Supervision
5.26. CONFIRE shall provide adequate supervision of its personnel at all times in order to
ensure the highest standards of professionalism and conduct. (MS)
5.27. CONFIRE supervisors shall have sufficient training and authority to maintain
discipline and oversee the operations of CONFIRE's center.
Administration
5.28. CONFIRE shall annually review their command and control procedures with the
DISTRICT.
5.29. CONFIRE shall configure and maintain its CAD system files to reflect the Technical
Committee approved policies for call handling, dispatching and unit control. (MS)
5.30. Utilizing shape files and locations data files provided by the DISTRICT, CONFIRE
shall maintain acoordinate-based geographic information file (geofile) for use by the
CAD system in address verification, unit recommendation and other functions.
5.31. CONFIRE shall maintain a database fle that allows for information to be entered
about specific premises. Using this file, it shall be possible to store information such
as structure type, special needs of residents, hazardous materials, the location of the
fire alafm control panel, sprinkler controls, and standpipe, business owner and key
holder contact information, etc.
5.31.1. The CAD application shall automatically alert call takers and dispatchers
there is information in the premise file as they view and process calls for
service.
5.32. DISTRICT personnel shall be alerted to the existence of premise information for
events to which they are assigned via their pagers and mobile data computers.
5.33. In extraordinary situations, the DISTRICT may choose to send a command official to
CONFIRE's facility and have the official assume command of the DISTRICT
resources. CONFIRE shall allow the command official to enter the facility, and shall
cooperate with said official by carrying out that official's orders with regard to the
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processing of calls and assignment of units. The District will not interfere with the
overall operation of the center.
5.34. From time to time, a DISTRICT command official may issue an order either by radio
or telephone concerning the control of DISTRICT resources that is contrary to the
standing policies or which countermands the decision of CONFIRE's staff. CONFIRE
shall cooperate with said official by carrying out that official's orders. (MS)
5.35. CONFIRE shall provide training for DISTRICT employees as required for DISTRICT
to utilize software or systems supplied by CONFIRE.
6. Time and Performance Goals
6,1. Compliance with all mutual goals shall be measured on a monthly basis.
Call Answering
6.2. As a mutual goal, CONFIRE shall answer 90% of the incoming Emergency Calls
within 15 seconds from the time the call connects to CONFIRE's customer premise
equipment.
6.3. As a mutual goal, CONFIRE shall answer 99% of the incoming Emergency Calls
within 40 seconds from the time the call connects to CONFIRE's customer premise
equipment.
6.4. CONFIRE shall work with the San Bernardino County Sheriff's Department to ensure
that the time required to transfer a call for service from the Sheriff's communications
center to CONFIRE shall not routinely exceed 30 seconds.
6.5. CONFIRE shall organize, staff and equip itself appropriately to answer and process
all other emergency requests for service received by any other means expeditiously.
6.6. As a mutual goal, CONFIRE shall answer not less than 90% of the incoming seven
digit calls to its facility in 60 seconds or less, as measured on a monthly basis.
6.7. As a mutual goal, CONFIRE shall interrogate not less than 90% of the incoming calls
for emergency medical assistance using the selected MPDS.
Dispatching and Unit Control
6.8. With the approval of the CONFIRE Administrative Committee as to this protocol
CONFIRE shall begin the initial assignment and notification of field resources as
soon as the call taker has verified the location of the emergency, obtained the
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caller's call back number, and determined whether the call is a medical or fire
emergency.
6.9. As a mutual goal, for not less than 90% of the emergency calls for service, as
measured on a monthly basis, CONFIRE shall transfer the initial call information to a
dispatcher, assign the first due resource(s), and complete the dispatch of those
resource(s) within 60 seconds of being connected to the caller.
6.10. As a mutual goal, for not less than 99% of the emergency calls for service, as
measured on a monthly basis, CONFIRE shall begin the initial assignment and
notification of field resources for emergency calls for service within 120 seconds of
being connected to the caller.
6.11. Under no circumstances shall CONFIRE delay initial assignment and notification of
field resources for emergency calls for service for more than three minutes, as
measured on a monthly basis unless the location cannot be determined within
reason. Any emergency call that takes over three minutes to dispatch shall be
reviewed on a monthly basis to determine the reasons for the delay and what, if any,
changes in procedures may be necessary to prevent such occurrences in the future.
6.12. As a mutual goal, CONFIRE shall begin the initial assignment and notification of field
resources for non-emergency calls for service within three minutes of being
connected to the caller.
6.13. As a mutual goal, CONFIRE shall provide the EMD determinant code to responding
units within 30 seconds after the completion of the caller interrogation.
6.13.1. ' Caller interrogation shall be considered complete once the call taker has
completed all required protocol questions and the call taker secures a
MPDS determinant code.
6.14. In the event that the resources assigned to a call are changed or amended for any
reason after an initial assignment, as a mutual goal, CONFIRE shall begin the
notification of affected DISTRICT units within 30 seconds of determining that an
update is required.
Administrative Services
6.15. CONFIRE shall enter DISTRICT premise information into the CAD system within
fifteen business days of receiving same from the DISTRICT.
6.16. When it becomes aware of required edits to the geofile, CONFIRE shall make said
changes on a monthly basis. When CONFIRE becomes aware of a change that
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needs to be made in the geofile, such changes shall first be made in the premise
history information, as soon as possible, before updating the geofile. (MS)
7. Facilities
7.1. CONFIRE shall take appropriate measures to ensure that physical space, availability
of equipment, or other logistical issues shall not impede the delivery of services to
the DISTRICT in any way.
7.2. In the event that CONFIRE intends to change the location of its current facility,
CONFIRE shall notify the DISTRICT riot less than 180 days in writing prior to the
move and allow the DISTRICT a comment period of not less than 90 days.
7.3. CONFIRE shall secure its facility from intrusion at all times.
7.4. CONFIRE's proposed facilities shall be equipped with uninterrupted power supplies
sufficient to power all mission critical systems long enough for operations to be
transferred to the alternate facility or for back-up power generators to be brought on
line. (MS)
7.5. CONFIRE's proposed facilities shall be equipped with emergency generators and
fuel sufficient to power all mission critical systems, including technology systems
utilized for call taking and dispatching, and environmental systems, for a period of
not less than 24 hours. (MS)
7.5.1. CONFIRE shall test the generators under load not less than once per
year to ensure their proper working condition:
7.6, CONFIRE shall provide the requested services from facilities that are compliant with
local building codes, and that are designed as essential service facilities.
7.7. Unless otherwise required pursuant to Section 5.33 hereof, CONFIRE shall provide
DISTRICT personnel access to CONFIRE facilities at such times as may be
reasonably convenient to the DISTRICT and CONFIRE staff. MS
8. Technology Systems
8.1. CONFIRE shall have and maintain in good working order the technology necessary
to provide the services described in this Scope of Services. (MS)
8.2. CONFIRE shall maintain an annual maintenance agreement for all its mission critical
technblogy systems while under contract to provide services to the City unless the
technology is maintained by CONFIRE.
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8.3. CONFIRE shall maintain a complete record of every emergency call received,
including audio tapes and records from CAD and ProQA, for a period of not less than
five years, or as required by state law, whichever is greater.
ProQA
8.4. CONFIRE shall obtain, implement, and utilize in the normal course of business, the
software provided by Priority Dispatch Consultants known as ProQA, or any
successor thereto, for processing medical aid calls.
8.5. ~ CONFIRE shall ensure that personnel utilizing the ProQA software are trained and
certified in'the use of the program, and shall not use the PDC card system other than
as a back-up system.
Emergency Phone System
8.6. CONFIRE's facility shall be equipped with a 9-1-1 telephone system appropriate for
providing the services described herein. (MS)
Voice Recorder
8.7 CONFIRE's facility shall be equipped with a voice logging recorder that provides. a
single channel for each:
8.7.1. Radio channel or talk group,
8.7.2. Incoming telephone circuit on which a request for service might arrive,
and ~
8.7.3. Outgoing telephone circuit that a CONFIRE employee might use to
conduct business on behalf of the DISTRICT
CAD
8.8. CONFIRE's facility shall be equipped with a computer aided dispatch (CAD) system.
(MS)
8.9. CONFIRE's shall record the details of each call for service in the CAD system,
including the reporting person details, the nature of the event, and all unit and event
statuses associated with the event.
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Radio Systems
8.10. Each dispatcher, radio controller and supervisor position in CONFIRE's facility shall
be equipped to transmit and receive on the DISTRICT'S primary and back-up radio
systems. If the DISTRICTS's backup radio system is not a CONFIRE supported
system, the DISTRICT will pay all charges associated with constructing and
maintaining the connection to such system.
Mobile Data Computers
8.11. CONFIRE shall provide specifications for the mobile data application, computers
(MDCs), modems and any other equipment required to communicate with the
CONFIRE computer aided dispatch application.
8.12. The DISTRICT shall be responsible for purchasing mobile data software and
hardware for its units and personnel.
8.13. Minimally, the MDC system provided by CONFIRE shall -
8.13.1. Receive the details of calls for service, event updates, and cancellations
8.13.2. Receive and display status for all DISTRICT units
8.13.3. Allow DISTRICT personnel to query DISTRICT unit status
8.13.4. Allow DISTRICT personnel to query event history for a specific incident
8.13.5. Allow DISTRICT units to query unit history for a specific incident
8.13.6. Receive and display premise history and hazard notices for event
addresses.
Station Alerting
8.14. CONFIRE shall provide and maintain an interface between its CAD system and the
DISTRICT'S Station Alerting system such that the system can notify units in the
station for each dispatch and pre-planned notification type. DISTRICT is responsible
to pay for the costs of an interface to CAD system. CONFIRE will enable any and all
station alerting features requested by the DISTRICT, provided such features are
available through the interface. It is envisioned that at a minimum the station alerting
interface shall support the following functions:
8.14.1.1. Ability to alert specific units, as opposed to whole stations,
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8.14.1.2. Ability to receive an automated acknowledgement from the station
alerting system controller,
8.14.1.3. Ability to receive a manual acknowledgement from the alerted stations
8.14.1.4. Ability to include in the alert message details concerning the type and
location of the assignment, and the units assigned,
8.14.1.5. Ability to route an alert to a different station when units have been
temporarily posted to a station that is not its home station,
8.14.1.6. Ability to utilize either radio or a data network to communicate the alert,
and
8.14.1.7. Ability to automatically resend the alert in the event that an automated
acknowledgement of the alert is not received from the remote controller.
8.14.1.8. An automated means of polling the station alerting controller periodically
to ensure that the system is continuously available, and to notify
CONFIRE personnel in the event the station alerting interface is
inoperable.
8.15. If requested by DISTRICT, CONFIRE shall mount a manual alerting encoder for
DISTRICT units in the control room that may be used in the event of a failure of the
CAD interface to the station alerting system.
8.15.1. The DISTRICT shall supply the manual alerting encoder.
8.16. The CONFIRE alerting interface shall complete the transmission of alert messages
to the demarcation point (the point in the transmission system at which CONFIRE's
responsibility for performance ends) within 30 seconds of the initial dispatch
command being entered into the CAD system.
AVL
8.17. CONFIRE shall be able to receive location coordinates from any and all DISTRICT
apparatus and vehicles in real-time, display the unit location on a map at each
dispatch and radio control position, and utilize the coordinates in the selection of the
most appropriate units for an event, as required.
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Records Management Interface
8.18. CONFIRE shall provide an interface between the CAD system and the DISTRICT's
Sunpro records management system (RMS) such that:
8.18.1. The CAD shall be able to automatically communicate the details of each
incident to the RMS application at the time the event is closed.
8.19. CONFIRE. shall host and maintain the DISTRICT'S RMS as described in a separate
attachment.
Pa in
8.20. CONFIRE shall provide an interface between the CAD system and the County ISD's
paging controllers such that the CAD can send pages to DISTRICT employees as
necessary to complete a unit assignment or notification. (MS)
8.21. CONFIRE shall be able to send free form pages to DISTRICT personnel equipped
with County pagers.
8.21.1. Paging information must be formatted in a manner approved by the
CONFIRE Technical Committee.
8.22. The CONFIRE alerting interface shall complete the transmission of pages to remote
controllers within 30 seconds of the initial dispatch command being entered into the
CAD system. (MS)
Remote CAD Workstations
8.23. CONFIRE shall provide and maintain the ability to log into CAD remotely at up to
twelve locations simultaneously.
8.23.1. Minimally, remote CAD logins shall have the ability to:
8.23.1.1. View all details regarding a current or historical event,
8.23.1.2. View all current or historical unit activity,
8.23.1.3. View all premise records for DISTRICT served addresses, and
8.23.1.4. Unit configuration and equipment records.
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Other Technologies
8.24. CONFIRE's facility shall be equipped with ring-down or intercom lines to the
emergency communications centers serving the jurisdictions surrounding the
DISTRICT.
8.25. CONFIRE shall maintain aring-down or intercom line to the Rancho Cucamonga .
Emergency Operations Center at the DISTRICT'S expense.
8.26. CONFIRE shall maintain a single device for communicating the time to technology
systems utilized in the communications center. (Universal Time Device)
8.27. At a minimum, the CAD, telephone system, and voice logging system shall have an
interface to the Universal Time Device.
9. Management Information, Reporting
General Requirements
9.1. CONFIRE shall provide the following reports on the tenth day of each calendar
month for the previous calendar month. '
9.2. CONFIRE shall deliver a printed or Adobe Acrobat copy of eadh report, and an
electronic version in Excel format.
9.3. All reports that include time intervals shall be formatted such that Excel will
recognize them as a time field and shall be in a minute:second format.
Call Answering Reports
9.4. 9-1-1 Call Fractal Performance Report: A statistical report of call answering
performance for calls received from the DISTRICT showing:
9.4.1. 90`" percentile performance for call pick-up (time interval from when calls
connect to CONFIRE's customer premise equipment and the call is
picked up by a call taker). Reports shall be formatted in minutes and
seconds (i.e., 0:10 =zero minute and 10 seconds), and
9.4.2. 99th percentile performance for call pick-up.
9.5. 9-1-1 Call Answer Exception Report: A tabular report that lists all calls that
exceeded 40 seconds pick-up time, including the event number, time and date of
the call, the event location, the name and call back number for the reporting person,
P270
the event type and disposition, and the time interval for answering each exception
call.
9.5.1. CONFIRE shall include with its 9-1-1 Call Answer Exception Report an
explanation of the reason for the delay in answering, and a plan for
mitigating future occurrences.
9.6. Administrative Call Fractal Performance Report: A statistical report of call answering
performance on administrative and non-911 lines for DISTRICT calls showing the
90`" percentile performance for call pick-up.
EMD Performance
9.7. CONFIRE shall provide, as requested by the DISTRICT, any standard reports that
are available within the PDC software applications, including AQUA and ProQA, for
all DISTRICT incidents excluding reports on specific personnel. It is envisioned that
these reports, which are in accordance with the NAED accreditation process, will
include:
9.7.1. EMD Compliance Report: A monthly statistical report that includes percent
of EMD compliance for each of the following compdnents of the emergency
medical priority dispatch reference system (MPDS):
9.7.1. 1.1. Case Entry Percent Compliance
9.7.1. 1.2. Chief Complaint Accuracy Percent Compliance
9.7,1. 1.3. Key Questions Percent Compliance
9.7.1. 1.4. Post Dispatch Instructions (PDI) Percent Compliance
9.7.1. 1.5. Pre-Arrival Instruction (PAI) Percent Compliance
9.7.1. 1.6. Final coding Accuracy Percent Compliance
9.7.1. 1.7. Overall Case Compliance Score
9.7.2. Remedial Training Report: A monthly report showing the number of
personnel in training due to a failure to meet protocol compliance
standards.
9.7.3. Medical Aid Interrogation Completion Report: A statistical report that
includes the total number of medical calls received, the total number
interrogated using the MPDS, and subtotals by determinant code.
9.7.4'. Determinant Code Provision Report: A statistical report showing the
percentage of EMD interrogations for which a determinant code was
determined, and the percentage of calls for which a determinant code
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was provided to the responding units within 30 seconds of the completion
of the EMD interrogation.
9.7.5. Determinant Drift Report: A monthly report that shows over and under
response based on determinant selection by the call taker and the
subsequent findings of the EDO.
Non-Emergencv Event Processing
9.7.6. Non-Emergency Fractal Performance Report: A statistical report that
shows the 90'" percentile time interval for the beginning of the assignment
and notification process for non-emergency calls for service.
9.7.7. Non-Emergency Call Exception Report: A tabular report listing all events
that exceeded the three minute call transfer time interval for non-
emergency calls. The report shall include the event number, the.time and
date of the call, the event location, the name and call back number for the
reporting person, the event type and disposition, and the time interval for
processing each exception call.
Dispatching Reports
9.7.8. Dispatch and Alerting Fractal Performance Report: A statistical report that
shows the 90'" and 99'" percentile time interval between call pick-up and
the beginning of the resource assignment and notification process for
emergency calls for service.
9.7.9. Dispatch and Alerting Exception Report: A tabular report listing the
emergency calls for service for which resource assignment and
notification did not begin within two minutes of call pick-up.
9.8. CONFIRE shall include with its Dispatch and Alerting Exception Report an
explanation of the reason for the delay in dispatching each event, and a plan for
mitigating future occurrences.
9.9. CONFIRE shall provide, on-demand, to the DISTRICT any report that is included in
the CAD system as a standard report within five business days of receipt of the
DISTRICT's request in writing, unless such reports can be obtained via the remote
CAD login capability, in which case DISTRICT personnel shall have the authority to
do so on their own.
10. Staffing and Organization
10.1. Within six months of the inauguration of services under this contract, CONFIRE
shall certify to the DISTRICT in writing the number of personnel required for each
P272
hour of the week in order to provide the services required to meet the performance
requirements stated herein. (Operational Staffing Plan)
10.1.1. The Operational Staffing Plan shall include at least one EMD certified
employee dedicated to answer iricoming 9-1-1 calls for fire and EMS
agencies only at all times. (MS)
10.1.2. The Operational Staffing Plan shall include sufficient dispatchers and
radio controllers for the numbers of channels, units and transmissions.
10.1.3. Thereafter, CONFIRE shall recertify in writing at least once annually the
number of personnel required for each hour of the week in order to meet
the performance requirements stated herein.
10.1.4. CONFIRE shall staff their facility according to the certified staffing levels
not less than 95% of the time as measured on a monthly basis.
10.2. CONFIRE shall staff accordingly so that dispatchers and radio controllers shall not
routinely be required to answer 9-1-1 calls or perform other non-communications
functions within budget constraints.
10.3. CONFIRE shall staff accordingly so that supervisors shall not routinely be required to
perform dispatching or call taking functions.
10.4. CONFIRE shall at all times have at least one supervisor on-duty.*"
10.4.1. CONFIRE supervisors are not required to be present in the control room at
all times, but shall be present unless on a break or attending to some other
activity of short duration.
10.5. CONFIRE shall maintain the capability to answer and process service requests from
non-English speaking callers either through on-site language certified staff or through
translation services.
Employee Recruitment and Hiring Practices
10.5.1. CONFIRE shall set appropriate standards for the qualifications of
employees.
10.5.2. CONFIRE shall ensure that its personnel assigned as call takers,
dispatchers, or supervisors, or who have access to sensitive information:
10.5.2.1. Have not been convicted of a felony,
P273
10.5.2.2. Have the minimum education, skills, or other qualifications
to ensure professional service to the DISTRICT and its
constituents,
10.5.2.3. Have completed a medical examination,
10.5.2.4. speak fluent English, and
10.5.2.5. pass a drug test, and show no use of illegal drugs.
10.5.3. All CONFIRE personnel shall be subjected to a background investigation.
10.6. CONFIRE shall maintain appropriate disciplinary procedures, including:
10.6.1. The causes for which an employee would be removed from providing
service to the DISTRICT,
10.6.2. The causes for which an employee would be suspended or terminated,
10.6.3. The procedures used by CONFIRE for resolving public complaints
against an employee, and
10.6.4. The procedures used by CONFIRE for resolving complaints by a contract
agency against an employee.
10.7. Upon request, CONFIRE shall provide the DISTRICT with a copy of its disciplinary
procedures/personnel rules and regulations.
10.8. In the event of a complaint against a CONFIRE employee involving a call for service
in the DISTRICT or related to any DISTRICT service, the DISTRICT shall have the
right to meet with CONFIRE and review all non-confidential investigatory records
related to the complaint in a timely manner.
11. Training
11.1. CONFIRE's call takers, dispatchers and supervisors shall be certified in the
knowledge, skills and abilities related to the duties to which they are assigned.
11.2. The certification program shall have a skill maintenance component for
recertification.
11.2.1. CONFIRE shall annually update to the DISTRICT on the certification of its
employees.
P274
11.3. Call takers, dispatchers and supervisors shall have knowledge of the function of all
communications equipment and systems with which they interact.
11.4. Call takers, dispatchers and supervisors shall have the ability to operate the
equipment and systems that they are required to successfully carry out their job
function.
11.5. CONFIRE's training program shall include training for new personnel and in-service
training for existing personnel.
11.6. CONFIRE shall provide.EMD training (or contract for EMD training) in accordance
with the California Emergency Medical Services Authority's Emergency Medical
Services Dispatch Program Guidelines.
11.7. CONFIRE shall ensure that all call takers, dispatchers and supervisors maintain a
current EMD certification.
12. Quality Management
CONFIRE shall implement as required by the NAED Quality Improvement Program, and the
ED-Q Course Manual current edition, all necessary quality improvement processes. It is
envisioned that process, will include the following elements as applicable:
Quality Improvement (QI) Processes
12.1. CONFIRE shall utilize the AQUA software from PDC for determining protocol
compliance.
12.2. CONFIRE shall have a method for evaluating EMD performance that is consistent
with the NAED Protocol Compliance Scoring Standards and California Emergency
Medical Services Authority's Emergency Medical Services Dispatch Program
Guidelines
12.3. CONFIRE shall provide a description of the process, which at a minimum shall
describe the:
12.3.1. Process for randomly selecting cases for review
12.3.2. Minimum number of cases to be reviewed monthly
12.3.3. Process for determining the qualification of the person who performs
EMD case review. This description should include at a minimum:
12.3.3.1. A requirement of EDQ Certification by NAED.
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12.3.3.1.1. CONFIRE shall submit verification of EDQ
certification records to the DISTRICT once per
annum.
12.3.4. Method of calculating compliance and reporting results on a monthly
basis.
12.3.5. Method for identifying cases for further review. Examples might be
cardiac arrest, choking, and childbirth.
12.3.6. Process for sharing EMD performance results with the employee and with
other employees for quality improvement purposes.
12.4. CONFIRE shall maintain a Dispatch Steering Committee (DSC) as prescribed by
NASD and,
12.4.1. CONFIRE shall extend to the DISTRICT a position on the DSC with
authority equal to that of the other members.
12.5. CONFIRE shall maintain a Dispatch Review Committee (DRC) as prescribed by
NAED and,
12.5.1. CONFIRE shall extend to the DISTRICT a position on the DRC with
authority equal to that of the other members.
12.6. CONFIRE shall describe its EMD case field feedback methodology, and include a
blank copy of the field feedback form utilized by the agency.
12.7. CONFIRE shall describe its EMD Continuing Dispatch Education Program. The
description shall include:
12.7.1. Methodology for identifying EMD CDE topics
12.7.2. CDE schedules, and
12.7.3. Methods for accounting for EMD attendance
12.8. CONFIRE shall describe its performance management and remediation practices.
The description shall include;
12.8.1. Method for identifying need for remediation, and
12.8.2. Process for providing remedial training.
P276
12.8.3. Method for accounting for remedial training provided
12.8.4. Methodology for transition from remediation to progressive discipline.
12.9. CONFIRE shall describe its "customer service skills" assessment process.
12.10. CONFIRE shall provide District with a written description of its procedures for the
appointment and involvement of the Medical Director as it relates to oversight of the
center's EMD activities and include a description of:
12.10.1. Medical Director approval of all MPDS protocols, including those requiring
local approval, to include:
12.10.1.1. Medical Director approval of all locally defined portions of
the protocols as directed by the MPDS. Examples are:
12.10.1.2. Response prioritization
12.10.1.3. Obvious/ /Expected Death,
12.10.1.4. High-Risk Birth,
12.10.1.5. the Aspirin Protocol.
12.10.2. CONFIRE shall provide the name, address, license number of
CONFIRE's Medical Director.
12.10.3. CONFIRE shall identify the approved roles and responsibilities of the
Medical Director within the dispatch system.
12.10.4. As a mutual goal, CONFIRE shall within one year of MPDS
implementation attain monthly average protocol compliance at or above
NAED protocol compliance standards in all rating categories
12.10.5. As a mutual goal, CONFIRE shall maintain monthly average ptotocol
compliance at or above NAED protocol compliance standards in all rating
categories thereafter
12.10.6. In the event that CONFIRE fails to meet NAED protocol compliance
standards in any given month CONFIRE shall provide the DISTRICT;
12.10:6.1. A Protocol Compliance Exception Report: A report that lists
all calls that fell below NAED minimum protocol
compliance standards for the month, including the event
P277
number, time and date of the call, the event location, the
response determinant code and the protocol compliance
scores for all rating categories.
12.11. CONFIRE shall include with its Protocol Compliance Exception Report an
explanation of the reason for the non-compliance, and a plan for mitigating future
occurrences.
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P278
STAFF REPORT ~ ';'~'~`
7- ~ _~
Crn' MAN.AGER'S OFFICE
~.
RANCHO
Date: May 20, 2009 CUCAMONCA
To: Mayor and Members of the City Council
From: Joshua Torres, Administrative Intern
Subject: Proposed Resolution Finding A Severe Fiscal Hardship Will Exist Related to State
Budget Crisis
Background
On May 5, 2009, the State Department of Finance (DOF) presented a May Budget Revision for the
FY 2009-10 State budget to the Governor that included a proposal recommending the "borrowing"
of 8% of local governments' property tax revenues, totaling $2 billion statewide. This 8% is the
maximum amount allowable under Prop 1A, the 2004 voter-approved constitutional amendment
designed to protect local government revenues. The State would be required to pay back this
amount with interest within 3 years. Local governments are allowed to' borrow money against the
State's obligation to repay; however, the current condition of credit markets and the economy make
it difficult and expensive for cities to borrow money. Thus, it is unlikely local governments would be
able to borrow enough money to cover the loss of revenues and instead would be forced to make
additional cuts to services.
This proposal was created in anticipation of voters rejecting Propositions 1A-F in the upcoming May
19`h special election. Without the additional revenue created by the successful passage of these
propositions, the State will be forced to deal with additional revenue shortfalls. In order to
implement the DOF's proposal, the Governor would have to declare a State of Fiscal Emergency
and both houses of the Legislature would be required to approve the proposal with a 2/3 vote.
Action
The League of California Cities has been actively monitoring the development of the State budget
situation. The League is soliciting support from City officials and encouraging them to lobby policy
makers and urge them not to take away local government revenues. The League has asked each
city to adopt a resolution finding a severe hardship will exist if the DOF's proposal is adopted. If the
proposal is adopted, the following would be the impact to the City, Fire District, and Library: City
$2,008,913, Fire District $1,164,979, and Library $291,024.
Recommendation
Staff recommends the City Council adopt the attached resolution and instruct the City Clerk to
distribute copies to the City's State representatives and the League of California Cities.
cc: Jack Lam, AICP, City Manager
Pam Easter, Assistant City Manager
P279
RESOLUTION NO. 09-090
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA FINDING A SEVERE FISCAL
.HARDSHIP WILL EXIST IF ADDITIONAL CITY PROPERTY TAX
FUNDS ARE SEIZED AND ADDITIONAL UNFUNDED
MANDATES ARE ADOPTED BY THE STATE OF CALIFORNIA
WHEREAS, the current economic crisis has placed cities under incredible
financial pressure and caused city officials to reopen already adopted budgets to make
painful cuts, including layoffs and furloughs of city workers, decreasing maintenance
and operations of public facilities, and reductions in direct services to keep spending in
line with declining revenues; and
WHEREAS, since the early 1990s the state government of California has
seized over $8.6 billion of city property tax revenues statewide to fund the state budget
even after deducting public safety program payments to cities by the state, and in FY
2007-OS alone, the state seized $895 million in city property taxes statewide to fund the
state budget after deducting public safety program payments and an additional $350
million in local redevelopment funds were seized in FY 2008-09; and
WHEREAS, the most significant impact of taking local property taxes has
been to reduce the quality of public safety services cities can provide, since public
safety comprises the largest part of any city's general fund budget; and
WHEREAS, even though in 2004 the voters, by an 84% margin, adopted
substantial constitutional protections for local revenues, the Legislature can still "borrow'
local property taxes to fund the state budget, thus on May 5, the Department of Finance
announced it had proposed to the Governor that the state "borrow" over $2 billion in
local property taxes from cities, counties and special districts to balance the state
budget, which would cause deeper cuts in local public safety and other vital services;
and
WHEREAS, in the past the Governor has called such "borrowing"
proposals fiscally irresponsible because the state will find it virtually impossible to repay
such obligations and it would only deepen the state's structural deficit, preventing the
state from balancing its budget in the future; and
WHEREAS, the Legislature is currently considering hundreds of bills,
many of which would impose new costs on local governments that can neither be
afforded nor sustained in this economic climate, and state agencies are imposing, or
considering, many regulations that would impose unfunded mandates on local
governments without regard to how local agencies will be able comply with these
mardates while meeting their other responsibilities; and
Resolution No. 09-090
Page 2 of 3
WHEREAS,' the combined effects of the seizure of the City's property
taxes, additional unfunded state mandates, and the revenue losses due to the economic
downturn have placed .the City of Rancho Cucamonga's budget under serious fiscal
pressure, and our City simply can not sustain the loss of any more property tax funds or
to be saddled with any more state mandates as they will only deepen the financial
challenge facing our City; and
WHEREAS, a number of the City's financial. commitments arise from
contracts, including long term capital leases and debt obligations which support
securities in the public capital markets, that the City must honor in full unless modified
by mutual agreement of the parties.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Rancho Cucamonga has determined that the City will experience a severe fiscal
hardship if the recommendation of the Department of Finance to "borrow" $2 billion of
local property taxes is supported by the Governor and the Legislature; and
BE IT RESOLVED FURTHER, that the City Council strongly and
unconditionally opposes the May 5 proposal of the Department of Finance and any
other state government proposals to borrow or seize additional local funds, including the
property tax, redevelopment tax increment, and the city's share of the Prop. 42
transportation sales tax; and
BE IT RESOLVED FURTHER, that the City Council strongly urges the
State Legislature and Governor to suspend the enactment of any new mandates on
local governments until such time as the economy has recovered and urges the state to
provide complete funding for all existing and any new mandates.
IN WITNESS WHEREOF, the City Council of the City of Rancho
Cucamonga, California, have hereunto set their hand and caused the seal of the City of
Rancho Cucamonga to be affixed this 20th day of May, 2009.
P280
Please see the following page
/or formal adoption, certification and slgnaiures
Resolution No. 09-090
Page 3 of 3
PASSED, APPROVED, AND ADOPTED this 20`h day of May 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 20`" day of May 2009.
Executed this 215` day of May 2009, at Rancho Cucamonga, California.
P281
Janice C. Reynolds, City Clerk
May 20, 2009 City Council Meeting
Submitted: Added Item -Added by Urgency
RECOMMENDATION TO ADD AGENDA ITEM NUMBER: 0.3.
AS AN URGENCY ITEM PER GOVERNMENT CODE SECTION
54956.5 -RELATED TO THE CANCELLATION OF THE JUNE 1
AND 3, 2009 SPECIAL COUNCIL MEETINGS TO DISCUSS
PROPOSED 1200 ACRE PROJECT
Dated: May 20, 2009
From: Pamela S. Easter, Assistant City Manager
MEMORANDUM _, °~, ,°
CITY MANAGERS OFFICE ~r
.>-
RANCHO
Date: May 20, 2009 C,'UCAMONOA
To: Mayor and Members of the City Council
Jack Lam, City Manager
From: Pamela S. Easter, Assistant City Manager
Subject: Recommendation to Add Agenda Item # 03 to the Council Agenda as an Urgency
item per Government Code Section 54956.5 -related to the cancellation of June 1
and 3, 2009 Special Council meetings to discuss proposed 1200 Acre Project,
Recommendation:
The City Council cancel the previously scheduled Monday, June 1, 2009 and Wednesday, June 3,
2009 Council meetings in which the proposed City-County 1200 acre project was scheduled to be
considered. These meetings were scheduled to be held at 5:30 p.m. on June 1 and 2:00 p.m. on
June 3rd. This agenda item is being placed on the Council agenda as an urgency item per
Government Code Section 54956.5 as the need for action arose after the posting of the May 20,
2009 Council meeting agenda. Two thirds vote of the Council is required to place the matter on the
Agenda for consideration.
Discussion:
In July 2008, the County of San Bernardino entered into Cooperative Agreement No. 08-497 with
the City of Rancho Cucamonga related to the entitlement of approximately 1200 acres of surplus
County Flood Control property north of the City limits. At its Tuesday, May 19, 2009 Board Agenda,
the San Bernardino County Board of Supervisors unanimously approved the termination of this
Cooperative Agreement. The terms of the Agreement provided that either party to the Agreement
could terminate with 30 days notice.
Accordingly there is now no need for the City Council to hold the previously scheduled June 1st and
June 3rd meetings to discuss the proposed 1200 acre project. These meetings had been scheduled
for the Council to review the 5 responses to a previously issued Request for Qualifications that had
been issued by the City and to make recommendations to the County Board.
This is considered an urgency item as the need to consider cancelling these meetings arose after
the posting of the May 20 City Council Agenda last week.
STAFF REPORT
PUNNING DEPARTMENT
P282
RANCHO
Date: May 20, 2009 ~;UCAMONGA
To: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
From: James R. Troyer, AICP, Planning Director
Trang Huynh, P.E., Building & Safety Official
By: Corky Nicholson, Assistant Planning Director
Subject: STAFF REPORT REGARDING THE LACK OF ACCESS TO A SIDEYARD FOR
MAINTENANCE PURPOSES ON A PROPERTY LOCATED AT 6412 EAGLE PEAK
PLACE WITHIN THE CARYN PLANNED COMMUNITY. APN #0225-271-20
BACKGROUND
The subject property located at 6412 Eagle Peak Place is within the Caryn Planned Community
which was annexed into the City of Rancho Cucamonga in December of 1984 (Resolution 84-331).
Prior to incorporation, the County of San Bernardino had approved a residential. project for the area
(PUD 83-0044 and Tentative Tract 12672) with the City working closely in the review and
preparation of the development plans. Upon approval of the Annexation Agreement, the City of
Rancho Cucamonga permitted development of the project in substantial conformance with the
County approvals.
As approved, the Caryn Planned Community included provisions for zero-lot line development,
which permits the location of a building on a lot in such a manner that one of its sides rests directly
on a lot line. The subject property located at 6412 Eagle Peak has azero-lot line along the
southerly property line. The property is subject to the Conditions, Covenants, and Restrictions (the
"CC&R's") for the tract, as well as the standards listed in the City of Rancho Cucamonga Municipal
Code. Conditions, Covenants, and Restrictions are an agreement established between private
property owners within a tract to maintain such things as easements, or include restrictions that
prohibit certain nuisance activities. The CC&R's for the Caryn Planned Community establishes a
five foot (5') wide easement along lots with zero-lot lines to ensure that property owners can
access, maintain, and/or repair walls or structures abutting azero-lot line (See Attachment B).
The adjacent property owner (Mr. Herrera), located at 6416 Eagle Peak Place to the south,
received a permit for the construction of a wall, gate, and small retaining wall within the easement
area (See Attachment A). A two foot (2') wide man gate was also proposed to allow access for the
adjacent property owner (Ms. Pusateri) to access her utilities and conduct maintenance as
necessary. Ms. Pusateri consulted an attorney who advised Mr. Herrera that his proposal was in
violation of the CC&R's and that potential legal action could occur (See Attachment C). Mr. Herrera
proceeded to submit a building permit application to the City for the subject walls/gate and received
approvals from all City departmerits and the permit was issued on August 25, 1999.
P283
STAFF REPORT
MAC' 20.2009
PAGE 2
The walls were completed and a Final Inspection was conducted on September 12, 2000. No legal
action has been imposed by Ms. Pusateri since construction of the walls; however, Ms. Pusateri
brought the issue to the Building and Safety Department within the past month as the gate to
access the easement area has been locked prohibiting access fo service her electrical panel. The
Planning Department, in conjunction with Building & Safety, has further researched the issue to
identify what means of recourse Ms. Pusateri has to rectify the issue. A meeting with Ms. Pusateri
and City departments was convened on May 5~", 2009 to discuss different options.
ANALYSIS
Our legal counsel has advised staff that due to the fact that CC&R's are an agreement between
private property owners within a subdivision, the City of Rancho Cucamonga does not enforce the
conditions or restrictions of the document because such enforcement is a civil issue to be resolved
by private property owners. However, each department will make a concerted effort to further
advise applicants during the plan check process to review their proposals for consistency with their
CC&R's. In the review of Mr. Herrera's proposal, the walls were reviewed for consistency with the
Development Code in regards to height, and the Building Code for construction requirements. The
Planning Department in conjunction with Engineering and Building and Safety Departments
determined upon approval of Mr. Herrera's plans that they were consistent with all applicable City
codes.
The Planning Department has arranged to meet with Ms. Pusateri on May 14, 2009 to explain the
City's position and recommend that she may need to seek further legal action upon the neighboring
property owner to regain access to the established access and maintenance easement. Currently,
Mr. Herrera's property is on the market, which could allow Ms. Pusateri an additional opportunity to
work with the realtor or potential buyer to work together more effectively in developing a more
permanent solution.
To avoid future issues regarding zero-lot line developments, the Building and Safety Department
will work with the Planning Department to identify and track zero-lot line parcels in the computer-
based permit system (Tidemark). This will allow staff from each department to better advise
applicants to carefully review their CC&R's prior to submitting plans in order to avoid potential
issues such as described in this case.
RECOMMENDATION
Staff recommends that the City Council support staff's action of informing Ms. Pusateri of the City's
non-involvement policy with such an access issue, and to develop a more effective tracking method
to better advise applicants about CC&R restrictions.
Respectfully submitted, ~
l
~~ ~ / 1.
~,
Jam s R. Troyer, AICP Trang Huynh, P.E.
Planning Director Building & Safety Official
JT:CN
P284
STAFF REPORT
MAY 20, 2009
PAGE 3
Attachments: Exhibits
A. Approved Site Plan for Permit No. 99-5942
B. Conditions, Covenants, and Restrictions for Caryn Planned Community
C. Letter from Attorney representing Ms. Pusateri
D. Photos of the Subject Properties
285
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ENGMEERING DIVISION . I
APPROVA a J
Approval of this plan by En60nae~!ng d0ea
not c¢nstilule a pemil for ~j, iN wilhhi
public nghl-of-way. o'ly a reloaeo to Ina
BulltlinB end Eal!.; Ulvlsion rn proceed
wllh Ihsir build%:.'1 j:¢rmil prrC09s. All
eclivllias wllhin :hc public rlghl-of-way
ehell ba penormed under a permit Iacued
Ihrouph the Engineering Ulvlsion. For
puestians regeroinq Englnearinq DNicion
Dorlmn procecs please call (9091 d77.gQ27~'4°~'
Gty of RvnrJq Cu®mvrge
SITE PLAN
~ ,(9.=,,
-~o.R~vuu°
64._6. la' ~ 4' ~LOJ~
~ SE4 1 ~ ~g99
XHIBIT A
r ~FF
".•+--i ~;;vESion Approval ~"°" ,~ \VE
Ci!y of i;ancho Cucamonga N
Date: q-~SaSBy: `~-) r..l ~V`
File No.:
For: ~n,n [v;
Please c0nmtt IhLNa nninp Dlvlslon at (909)
dT-475010! fine) InspOCtlon.
99a4DDOt.Dwc
°°7E: AGGUS"4.'999 sITEwALLSF°R SITE !MALLS AND DETAILS
RE¢ISIONS: Scn7CnOCR B. 1999 CARLOS HERRERA, OWNERBUILDER
6416 EAGLE PEAK PLACE
ALTA LON10. CA 91737 909.990.5290 ^
~~ ~.
21 SOUTH ELEVATION OF SITE
~ ,~ 1`"
ELEVATION OF SIDE YARD WITH
AND GA
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cede .::,~::,, , ° ,~e;o~.,,.,oF=a.~.o°.:°,:.,.~...
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~ ' ce¢xm er:
P287
RECOEDII~G REQ6ES'fED BY:
EkrECO TITLE Ih'Sl1RA^'^G (05~1PANY
i4IfEP1 RECORDED RETLTRI3 ~O:
ROBERT O. SNPYLIE, ESQ.
Law Offices of Symlie $ Selman
2049 Century Park East, Suite 2000
Los Angeles, California 50067
of Document Recorded
on xov o e ~ as ido.<~t n ~ ~~~n~r
Res not been compered s~ith orieafnel.
SP.Pd Br'RNAF,DIP:O COUN?'Y RECORDER
C~~lt5a5•~
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DECLhEATTOA3 OF EiTABLSHA~EIdT
OF
COAbD&'I'IOh°S, COVEddAHTS AIdD gEST'SICTIOIdS
FOE
MAELBOEOIIGfli IIdEADOS'S
Stand~a~al Subaievision ~r®ject
EXHIBIT B
TABLE OF CONTENTS
ARTICLE I '
Befinition of Terms ......
.............. ............................ 2
ARTICLE II
Archi±ectural Control Committee ......
............................... 4
ARTICLE III
Use Restrictions ...... .
.. ........................................... 10
ARTICLE IV
Slope Maintenance ............
.... ............. ............ 15
ARTICLE V
Scope of Enforcement ......
........................................ 1?
ARTICLE VI
M ortgeoe Protection ......
........................................... 18
P.P.TICLE VII
Amendment
ARTICLE VIII
General Provisions
ARTICLE IX
Side Yard Eesements
........................................................ 19
.................................................. 19
....................................... ...... 21
P288
P289
DECLARATION OF ESTABLISHMENT OF
CONDITIONS, COVENANTS AND RESTRICTIONS
FOR
MARLBOROUGH MEADOWS
THS DECLARATION OF ESTABLISHMENT OF CONDITIONS, COVENANTS
AND RESTRICTIONS FOR MARLBOROUGH MEADOl9S is made by MARLBOROUGH
DEVELOPMENT CORPORATION, a California corporation (hereinafter referred to as
"Declarant"),.being the Owner of that certain real property subject to this Declaration,
and hereinafter more particularly described.
WITNESSETH:
WHEREAS, Declarant is the owner of that certain real property located in the
City of Ranco Cucamonga, County of San Bernardino, State of California (hereinafter the
"Project"), more particularly described as:
Lo*s 1 through 48,. inclusive, of Tract No. 12930 in the City of Rancho
Cucamonga, County of San Bernardino, State of California, as per Map
filed in Book 187, Pages 32 through 36, inclusive, of Maps, in the Office
of the County Fecorder of said County; and
Lots 1 through 35, inclusive, of Tract No. 12939 in the City of P.ancho
Cucamonga, County of San Bernardino, State of California, as per Map
filed in Book 187, Pages 46 through 52, inclusive, of Maps, in the Office
of the County Recorder of said County; and
Lo*s 1 through 47, inclusive, of Tract No. 12943 in.the City of P,ancho
Cucamonga, County of San Bernardino, State of California, as per N,ep
filed in Book 187, Pages 67 through 71, inclusive, of Meps, in the Office
of the County Recorder of said County; and
-1-
P290
WHEREP.S, it is the desire and intention of. Declarant to sell and convey
residentisi Lo+s within the Project to various individuals subject to certain bsic
protective res±rictiors, limitations, easements, covenants, reservatiors, liens and charges
between it and the purchasers or users of the Project as hereinafter set forth.
NOW, THEREPORE, Declarant hereby declares that all of the real
property described above, is, and shall be held, conveyed, hypothecated or encumbered,
leased, rented, used, occupied and improved subject to the following protective
restrictions, limitations, conditions, covenants, reservations, liens and charges, all of
which are declared and agreed to be in furtherance of a general plan for the subdivision,
improvement and sale of Lots, and which are established and agreed upon for the purpose
of enhancing and protecting the value, desirability and attractiveness of the Project and
every part thereof. Each and all of the restrictions herein contained shall run with the
iand and shall be binding upon all parties having or acquiring any right, title or interest in
any Lot within. the Project, or any part thereof. The provisions of this Declaration shall
be enforceable by any o[ the Owners of an interest in the real property above described,
against any other Owner or Owners thereof.
ARTICLE I
DEFINITION OF TERMS
1.1. Whenever used in this Declaration, the following terms shall have the
Collowing ~~~eanings:
1.1.1. Committee: Shall mean the Architectural Control Committee
es described in Artieie II hereof.
-'-
P291
LL2. Decleretior.: Shall mean this Declaretion of Establishme- ~;
Ondi ~iORS, CoVenan t5 and P.estrictions foe Marlborough Meadows, as the same mQ.;: t,e
amended, charged or modified„ from time to time.
LL3. Institutional Lender: Shall mean a Mortgagee which is a bank
or savings and Ioan essociation, any established mortgage company, any entity chartered
under Federal or State laws, any corporetion or insurance company, or any Federal or
State agency.
1.1.4. Lot: Shall mean and refer to any plot of land shown upon any
recorded subdivision maps of the Project.
1.1.5. Mor gee: Shall mean and include a Deed of Trust as wall es
a Mortgage in the conventional issue.
1.2.6. Mor ee: Shall mean a person or entity to whom
mortgage is mede, and shall include the beneficiary of a Deed of Trust.
1.L7. Mort~e~or: Shall mean a person or entity who mortgages his
or its property to another, i.e., the maker of a Mortgage, and shall include the Trestor oa`
a Deed of Trust.
LL8. Owner: Shall mean the record Owner or Owners, if more
than. one, of a Lot in the Project, including Declmrant, for so Iong es any Lots within the
Projec_ remain unsoid.
-'-
P292
1.1.3. The aforesaid defini Hors shall be applicable to this
~?C'.;aril t".. ~ aY73 t.^^. an}' C71~DaemenS or am endm ail t$ [fleeretG sunless tl!°_ t'Oi]:=',:? 3~i6•:.
p3'olsib?Fir r~ordeu' p'v3C°.fint t~ the pCQViSIOrS Qf thi5 DeClaratlOn.
ARTICLE II
ARC:IITECTIJRAL RESTRICTICDA?S -
ARC11lTECTURAL COliTTROL CQMlI1lTTEE
2.1: . No structure, shall he erected, altered, placed or permitted to remain
on sry Lot within the Proiect other than one (1)single-family residence not to exceed two
(2) stories in height, end a private garage and othec outbuildiria~s incidental to single
family residential use of the Lot. No structure shall be moved onto any Lot within the
Project from another Vocation and all construction within each Lot shall be new.
2.2. No residence shall be erected or permitted on any Lot within [fie
Project which contains less then one thousand (1,000) square feet of floor area. Such area
shall be erelusive of ette^_hed garage and open entries, porches, patios, or besemerets, if
any. The minimum required floor area shall be deemed to include the total enclosed floor
area of the residence, building messuremen*s to be taken from the outer faein; of
exterior walls.
Z.O. if Q®clarant has not provided front yard landscaping, each Qwner of a
l.ot shall, v+itiain ninety l`30) days after acquiring title thereto, cause the front ya.~'d of sai•s
r
i.o` to ~::° fr~li}= landscaped, subject to reasonable growing times, and shall thereafter cause
said Iand.;c~pin~ to be meir~teined in a neat and orderly manner, replacing any plant
metersaL-. LYfllch d32 OP are OtheCK'ISe destroyed. NO We°(iS, rllbb.Sh, d°br l5; Objects G,"
meterias of any kind, plants ar seed infected with noxious insects or plant diseases shall
-E-
P293
be placed, ;rover. or permitted tc accumulate on any oortion of e Lot which renders such
portion of t1!e Lot unsanitary, unsightly, offensive or detrimental to any Lot in the
vicinity thereof, or to the accupants of any such Lot_ [n the event off a default in
performance of the provision, Declarant, the Committee, or any Owner shall have the
right to enter upon such Lot and remove all such weeds, plants, rubbish, debris, objects or
materiels and take all measures necessary to place said Lot in a neat and orderly
condition; including the installation of front lawns and landscaping, and any expenses
therefor shall become due and payable by the Owner of said Lot to Declarant or other
person or entity performing such work within five (5) days after written.demand therefor.
2.4. Each Owner of a Lot shall, within one hundred eighty (180) days after
acquiring title thereto, cause the sides and rear of his Lot to be fenced, where such fences
are not originally installed by Declarant. All such fences ere to be constructed at the
property lines or at the boundary oC. the sideyard easement area more pecticularly
described in Article PX hereof. The design, height, and color of the proposed fences shall
be submitted to, end approved by, the Architectural Control Committee under the
procedure hereinafter set forth in this Article EI prior to the commencement of
construction thereof.
2.5. (s) No building, fence, wall, or other. structure shalt be
commenced, erected or maintained upon the Project, nor shall any exterior addition,
change or alteration thereof, be made until the plans and specifications showing the
nature, kind, shape, height, materials end location of same shall have been submitted to,
and approved in writing by the Architectural Control Committee. With specific referen^e
to fences and wells, said right to construct a fence or wall therein shall be limited in the
following manner:
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P294
(i) No fence or wall is to be constructed in excess of six (o}
feet in height; end
(ii} All fences or walls constructed shall be constructed of
wood, masonry, wrought iron or any combination thereof.
(b) In the event said Committee or its designated representatives
fails to approve or disapprove such design and location within thirty (30) days after said
plans and specifications have been submitted to it, approval will not be required, -and this
Article will be deemed to have been fully complied with.
2.6. Substantial changes to the exterior color of any dwelling within the
Project .from the original color created by Declarant, will require the prior written
approval of the Architectural Control Committee.
2.7. No fences, hexes, or walls shall be erected or maintained on eny'Lot
other than those of the same location, design and materials as are initially installed by
Declarant or es are approved by the Architectural Control Committee.
2.8. (s) No building nor any ancillary building or facility, such es tool
sheds, gazebos, cabanas, room additions, or other improvements, shall be located on any
Lot in violation of the following setback requirements:
(i) All garages shall be set back no less then eighteen (1 E) feet
from any front ]ot line;
-6-
P295
(ii) All buildings shall be set back no less than twelve (12) feet from
any rear lot line and no less than eighteen (18) feet from any front line lot; and
(iii) Any building may be built upon a side yard lot line, but in no
event shall any building be built less than ten (10) feet from any building on an adjacent
Lot.
(b} No such ancillary building or facility shall be located in.the front
yard of any Lot No privy (other than temporary ones during erection of a structure) shell
be erected or maintained. within any Lot Any lavatory or toilet in existence or used upon
e Lot shall be enclosed within a building permitted under this Declaration and shad be
properly connected with an underground method of disposal which is constructed and
operated sa that no offensive odor shall escape therefrom.
(c) For the purposes of this covenant, eaves, steps, open porches and
fireplaces shall not be considered a part of a building; provided, however, that this shall
not be construed to permit any eaves or overhangs to encroach more than three (3) feet
into-any setback otherwise required by law.
(d) No more than one (1) ancillary building within each Lot may be used
as separate Iiving quarters. Any such building may not contain a kitchen, and may only be
used by non-paying guests, servants, or members of the Owner's family.
2.9. No treehouse, tool shed or other ancllIiary building or facility shall be
erected or maintained in any Lot if the top of such structure is visible from any adjacent
Lots or from any public street.
P296
2.10. Patio covers, gazebos and cabanas shall be constructed of wood or
other materials, end shall be of a design which is consistent with the materiels and design
of the residential building. Roofs and patio covers made of metal or iibergless are
expressly prohibited.
2.11. All roofing and siding materials-used on all structures within the
Project, including any and all replacements thereof, shall be Class A, B or C fire
retardant in design and construction. All roofing materials used on all structures within
the Project, including any and all replacements thereof, shall match the existing roofing
materiels originally installed by Declarant.
2.18. The Committee for the control of the structural and landscaping
architecture and design (Architectural Control Committee) within the Project shall
consist of three (3) Members. Declarant may and hereby does appoint all of the original
Members of the Architectural Control Committee es follows:
(1) o Paul N. Byrnes
(2) Edward C. Parker
(3) Joe Broersma
One (1) year following the date of recordation of this Declaration, a majority of
the Owners of Lots within the Project, excluding Declarant, may, by signed instrument
recorded in the office of the County Recorder of San Bernardino County, replace one (1)
of the three (3) Members of the Architectural Control Committee. From end after the
earlier of (i) the recordation of sales by Declarant of fifty-one percent (5140) of the Lots
within the Project, or (ii} three (3) years from the date of recordation of this Declaration,
a majority of the then Owners of Lots within the Project may, by a signed instrument
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recorded in the office of the County Recorder of San Bernardino County, replace any, or
ell, of the Members of the Committee. In the event of death or resignation of any
Member of said Committee, Declarant shall have the right to appoint a replacement to
fill such vacancy for the balance of the unexpired term. Until such a replacement has
been selected, the remaining Member or Members shall have the full authority to approve
or .disapprove such design and location within thirty (30) days after said plan end
specifications have been submitted to it. If no suit to enjoin the erection of such building
or the making of such alteration has been commenced within one (1) year of the
completion thereof, such approval will not be required, and this covenant shall be deemed
to hav=_ been fully complied with. No Member of the Committee, nor its designated
representative, shall be entitled to any compensation for services performed pursuant to
this covenant.
2.13. All plans and specifications submitted to the Architectural Control
Committee pursuant to this Declaration shall be submitted in duplicate and delivered,
with the address of the submitting party, to the Committee at the address set forth
below. The Committee shall meet within thirty (30) days of the receipt of any such plans
and specifications. The vote of a majority of the members of the Committee shall prevail
on all issues which come before it. The Committee may condition its approval upon
certain modifications and changes to the plans and specifications as submitted Any
approval, disapproval or other action by the Committee pursuant to this Declaration shall
be by certificate stating that the Committee's action was joined in by at least a majority
of i±s members and shall be signed by such joining members (with signatures acknowledged
for recording). The action so certified shall constitute the action of the Committee, and
the Certificste shall promptly be mailed, postage prepaid, to the address specified by the
submitting party. One set of the duplicate sets of material submitted to the Committee
may be retained by it and the other set shall have the action of the Committee endorsed
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thereon and shell promptly be mailed, postage prepaid, 1o the address specified by the
submitting party, unless such natty shell elect to accept delivery thereon in person or by
agent. The adaress of the Committee is Marlborough Meadows Architectural Control
Committee (Tract 12936), 2029 Century Park East, Suite 1550; Los Angeles, California
90067, Attention: Mr. Paul Byrnes or such other place es may from time to time be
designated by the Committee by a written instrument recorded in the Office of the San
Bernardino County Recorder; and the Iest instrument so recorded shall be deemed to be
the Committee's proper address.
2.14. Each member of the Architectural Control Committee, Declarant
and any dent or employee of the Committee or Declarant shall at all reasonable hours
have an easement for access to any building site and structures being built or completed
thereon for the purpose of inspection relative to compliance with this Declaratior_
ARTICLE III
DSE RESTRICTIOhTS AND OBLIGATIONS OF OWNERS
3.1. In addition to all other covenants contained herein, .the use and
enjoyment of the Project and each Lot therein shall be' subject to the following
restrictions:
3.1.1. No Lot-shall be occupied end used except for single-family
residential purposes by the Owners, their tenants, end social guests, and no trade or
business shall be conducted therein, except that Declarant, its successors or assigns, may
use any Lot or Lots in the Project owned by Declarant for a model home site or sites and
display end sales offices until the last Lot is sold by Declarant. No tent, shack, trailer,
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garage, or structure of a temporary character shall be used at any time as a residence,
either temporarily or permanently.
3.1.2. No structure within the Project shall be occupied in the
course of original construction until the same is completed and made to comply with the
covenants, restrictions and conditions contained in this Declaration. All work of
construction on each such structure shall be prosecuted diligently and continuously from
the time of commencement oC construction until same shall be fully completed, except to
the extent prevented by strikes, lockouts, boycotts, the elements, war, inability to obtain
materials, Acts of God or similar causes beyond the reasonable control of Declarant.
3.1.3. No part of the Project shall ever be used or caused to be used
directly, or indirectly, for any business, commercial, manufacturing, mercantile, storing,
vending or other such non-residential purposes, except by Declarant in connection with
the improvement and sale of Lots in the Project.
3.1.4. No sign or billboard of.any kind shall be displayed by any
Owner on any portion oC the Project or Lot, except one sign for each Lot of reasonable
size, advertising that the particular Lot is for sale or rent, provided that Declarant, its
successors and .assigns may erect and maintain such signs, billboards, and other advertising
devices and structures es Declarant, or Declarant's successors and assigns, may, in its sole
discretion, deem necessary or proper in connection with the development and sales of Lots
within the Project, provided such right shall expire upon the sale of the lest Lot within the
Project or ten (10) years from the date hereof, whichever shall first occur.
3.1.5. No noxious or offensive activity shell be carried on within any
Lot or any part of the Project, nor shall anything be done therein which may be, or may
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become, an annoyance or nuisance to the neighborhood, or which shall in any way
interfere with the quiet enjoyment of each of the Owners of his respective dweiiing, or
which shall in any way increase the rate of ir•.surance on adjoining Lots.
3.1.6. No oil drilling, oil development operations, oil refining,
quarrying, mining or drilling operations of any kind shall be permitted within the Project,
nor shall oil wells, tanks, tunnels or mineral excavations or shafts be permitted upon the
surface of or within five hundred (500) feet below the surface of the Project. No derrick
or other structure designed for use in boring Cor water, oil or natural gas shall be erected,
maintained or permitted within the Project.
3.i.7. All rubbish, trash and garbage shall be kept in tightly closed
containers. and shall be regularly removed from each Lot, and shall not be allowed to
accumulate thereon. All clotheslines, refuse containers, woodpiles, metal, bulk materials,
storage areas, machinery and equipment shall be prohibited unless obscured from view oC
[he adjoining Lots and all streets within the Project. This restriction shall not apply to
Declarant in connection with the original construction and sale of Lots within the Project.
3.1.B. Except as hereinafter provided, no automobile or other motor
vehicle repair shall be permitted within the Project except entirely within a garage within
a Lot Under no circumstances shall such vehicle repair be permitted on any street or
driveway within the Project, except in the event of an emergency. No trailer, camper,
boat or other recreational vehicle, or inoperative automobile shall be permitted upon the
Project unless placed end maintained entirely within a Lot, behind the front set back line
and completely obscured from the view of the adjoining Lots and ell streets within the
Project. The foregoing restriction shall not be deemed to prevent washing and polishing
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of such motor vehicle, boat, trailer, camper or motor-driven cycle, together with those
activities normally incident and necessary to such washing end polishing.
3.1.9. No animals, livestock or poultry of any kind, shall be
raised, bred or kept on any Lot, except dogs, cats, or other generally recognized
domesticated household pets, and no more than two of each, provided tfiey are not kept,
bred or maintained for any 'commercial purpose, o: fin unreasonable numbers.
Notwithstanding the foregoing, no animas or fowl may be kept within the Project which
result in any annoyance or are obnoxious to residents of the Project. ilpon the written
requ°st of any Owner, the Architectural Control Committee, in accordance with the
procedure specified in Article Id, Section 2.13, shall conclusively determine, at its sole and
absolute discretion, whether, for the purposes of this Section 3.1.9, a particular animal or
bird is a generally recognized household pet, or a nuisance, or whether the number of
animas or bards within any Lot is reasonable.
3.1.10. No portion of a dwelling unit constructed as a garage shall
be converted to any other use, and all garages shall remain available for the storage of
motor. vehicles. The foregoing notwithstanding Declarant may convert the garage within
any Lot beir~ used es a model home into a sales or administrative office, provided such
office is converted back into a garage by Declarant prior to the close of escrow of same
to a bona fide purchaser.
3.1.11. No radio or television receiving or transmitting antennae,
satellite dish or similar external apparatus or equipment shall be installed on any Lot.
NormeI radio and television installations wholly within a building are excepted. in
addition, all rooftop appliances and installations thereof, excluding the installation of
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solar panels, are expressly prohibited unless installed so as to be invisible from the
adjoining Lots and streets within the Project.
3.12. Conveyance of s substantial number of [he Lo+s is essential to the
establishment and welfare of said Project as a residential community. !n order that s11
work necessary to complete the Project be performed as rapidly es possible, nothing in
~ this Declaration shall be under
stood or construed to:
3.12.1. Prevent Declarant, its contractor or subcontractors,
from doing work on said Project or any part thereof whenever it determines such work to
be reasonably necessary or advisable in connection with the completion of said Project; or
.3.12.2. Prevent Declarant, or its representatives fro m
erecting, constructing and maintaining on any part or parts of said Project owned or
controlled by Declarant, its contractors, or subcontractors, such temporary structures as
may be reasonably necessary for the conduct of its business of completing said work and'
establishing said Project as a residential community and disposing of the same by sale,
lease, or otherwise, provided that the right of Declarant to erect and maintain such
structures shall terminate upon the sale of the last Lot within the Project or seven (7)
years from the date hereof, whichever shall Crst occur.
3.13. .All structures and all landscaping within the Project shall at all
times be maintained by their respective Owners in a clean, first class, healthy and
properly painted condition .
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ARTICLE IV
SLOPE IJiAI1dTENANCE
4.1. A maintenance district to ' be formed by the City o[ Rancho
Cucamonga shall be responsible for the maintenance and costs in connection therewith of
certain selected Lot slopes, which are identified by the granting of a maintenance
easement to the City of Rancho Cucamonga, either on the recorded maps of the Project
or by separate recorded instrument.
4.2. Easements for installation and maintenance of utilities, sewer
pipelines and facilities and drainage facilities over each of the Lots, end all pipelines end
other facilities located and to be located in said easements, are reserved as shown on the
recorded maps of the Project. Within such easements, no structure, planting or other
material shall be pieced or permitted to remain which may damage or interfere with the
installation and maintenance of utilities or which may change the direction of the flow of
drainage channels, or which may obstruct or retard the flow of water through drainage
channels in the easements. The easement area of each Lot and all improvements therein
shall be maintained continuously by the Owner of such Lot, except for those
improvements for which a public authority or a utility is responsible. In addition, all
sewer pipelines and other sewer facilities located and to be located within the public
roads, streets and highways abutting each of said Lots are reserved.
4.2.1. Each Owner of a Lot has the responsibility and duty to
maintain the appearance and integrity of all slopes and drainage devices located within
the fenced area of his Lot
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4.2.2. Each grantee of e Lot within the Project. covenants for
himself, his heirs, successors and assigns, that he will permit free access. by Owners of
adjacent or adjoining Lots, their agents and employees, to all slope areas or drainageweys
located on his Lot, which affect said. adjacent or adjoining Lots, which access is essential
for the maintenance or .permanent stabilization of the slopes, or maintenance of the
drainage facilities for Lots other than the Lot on which the slope or dreinageway is
located.
4.2.3. Each grantee, of a Lot within the Project covenants for
himself, has heirs, successors and assigns, that he will not in any way interfere with the
established drainage patterns or create erosion or sliding problems over his Lot from
adjoining or other Lots within the Project, and that he will make.adequate provisions for
proper drainage in the event it is necessary to change the established drainage over his
Lot. For the purposes hereof, "established drainage" is defined as the drainage which
occurred at the time the overall grading of the Lots within the Project, including the
landscaping of each Lot, was completed by Declarant.
4.2.4. Each grantee of a Lot within the Project shall maintain the
slopes within the fenced area of his Lot at the slope end pitch fixed by the finished
grading thereof, including watering and planting of the slopes. [Nithin the slope areas, no
structure, planting, or other matecia] shall be placed or permitted to remain or other
activities undertaken which may damage or interfere with established slope ratios, create
erosion ar sliding problems, or which may change the direction of flow of drainage
channels or obstruct or retard the (low of water through arainage channels. The slope
areas within the fenced Brea of each Lot and all improvements thereto shall be
maintained continuously by the Owner of the Lot except for those improvement; for
which a pubic authority, such as e maintenance district, or utility company is responsible.
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Declarant shall, for s period of one (1) year following sale of any particular Lot have the
right, but not the obligation, to enter upon said Lot and alter or maintain any slope arees
therein. An easement of reasonable access !or said purpose is reserved to Declarant, and
the purchaser, by the acceptance of 'e Seed;from:Declarant, shall take title,`sitb~ect`:to'
such easement for said period of one (1) year.
X1.2.5.. Each grantee of a Lot within the Project covenants for
himself, his heirs, successors and assigns, that he will permit free access by employees
and agents of the Lighting end Landscape Maintenance District .for the City of Rancho
Cucamonga to all slope arees or drainageweys located on his Lot, which are .to be
maintained by the Maintenance District, which access is 'essential for .the maintenance or
permanent stabilization of the slopes, or maintenance of the drainage facilities for Lots
other than the Lot on which the slope or drainageway is located.
ARTICLE V
SCOPE OF ENFORCEMENT
5.1. The limitations, restrictions, conditions and covenants set fo-th in
this Declaration constitute a general scheme for (i) the maintenance, protection and
enhancement of the Value of the Lots within the Project; and (ii) the benefit of all
Owners. Said limitations, restrictions, conditions end covenants are and shall be
covenants running with the land or equitable servitudes,.as the case maybe.
5.2. Each remedy provided for iri this Declaration shall be cumulative and
not exclusive. The Committee or any Owner shall have the right to enforce, by any
proceeding at law or in equity, all. restrtetions, conditions; covenants, reservations, and
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charges now or hereafter impased by the provisions of this.Declaration or any amendment
Thereto.
5.3. The result of or condition caused'by any violation oP any of the
provisions of this Declaration is and shall be a nuisance, and every remedy in law or equity
now or hereafter available against a public or private nuisance may be exercised by any
person effected thereby. IvTothing within this Declaration shall diminish the authority of
the City of Rancho Cucamonga to enforce Paragraph 9.1.7.
5.4. Any of the foregoing to the ;contrary, notwithstanding, no action to
enforce this Declaration shall be Instituted ;unless and until a written notice of such
breach setting forth the facts of such breach has been delivered by certified mail to the
Owner of such Lot.
5.5. In the event the Committee or any Owner(s), should commence
litigation to. enforce any of the provisions of this Declaration, that party, if he should
prevail, shall be entitled to have judgment against and recover from any defendant in such
Litigation such attorneys' fees, other than nominal ones, and costs as the court or
arbitrator may adjudge reasonable end proper.
ARTICLE VI
MORTGAGE PROTECTION
No breach of any of the covehants, conditions and restrictions herein contained
shall defeat or render invalid the lien of any first mortgage (meaning a mortgage with
first priority over any other mortgage) on any Lot made in good faith and for value; but
all of said covenants, conditions and restrictions shall be binding upon end effective
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against any Owner whose title is derived through foreclosure or trustee`s -sale, or
otherwise.
ARTICLE VII
AMENDMENT
_ 7.1. This Declaration may be amended only by ari affirmative vote of not
less than seventy-five percent (75~k) of the Owners, and further, this amendment provision
shall not be amended to allow amendments by vote of less than seventy-five percent (7590)
of the Owners. Any amendment to any of the provisions of Article IX shall also require
the consent of the City of Rancho Cucamonga.. The percentage of the voting power
necessary to amend a specific provision shall not be less than the percentage 'of
affirmative votes prescribed for action to be taken under said provision.
7.2. From and after its effective date, each amendment made pursuant to
the preceding paragraph shall bees effective as to sll Lots within the Project and the.
Owners/Members thereof and their successors in interest.
7.3. Prior to the close of the first escrow for the sale of a Lot in the
Project, this Declaration may be unilaterally amended by Declarant, its successors and
assigns.
ARTICLE ~IfI
CEISERAL PROVISIONS
6.1. The provisions of this Declaration shall run with the land and bind the
Project, and sha21 inure to the benefit of and shall be enforceable by the Committee or
the Owner of any Lot subiect to this Declaration, their respective legal representatives,
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P308
heirs, successors and assigns, Cor a term of forty (40) years from the date this Declaration
is recorded, after which time the provisions of this Declaration shall be automatically
e},ended for successive periods of ten (l0) years, unless an irstrument, sighed by sixty-six
and two-thirds percent (oti-2/390) of the then Owners of Lots, has been recorded within six
(6) months of the anticipated termination date. The contents of such instrument shall
contain the agreement to terminate this Declaration as it may be, supplemented in whole
or in part
8.2, in the event any limitation, restriction, condition, covenant or
provision contained in this Declaration is to be held invalid, void or unenforceable by any
court of competent jurisdiction, the remaining portions- of this Declaration shall,
nevertheless, be and remain in full force end effect.
9.3. The provisions of this Declaration shall be liberally construed to
effectuate its purpose of creating a uniform plan 'for the development of. a residential
community. -
8.4. In the event Declarant shall convey all of its right, title and interest
in and to the Project to any partnership, individual or individuals, corporation or
corporations, then and in such event, Declarant shall be relieved of the performance of
any further duty or obligation hereunder, and such partnership, individual or individuals,
corporation or corporations, shall be obligated to perform all such duties and obligations
of the Declarant
8.5. The sin;uler shall include the plural and the plural the singular unless
the context requires to the contrary, and the masculine, feminine and neuter shall each
include the masculine, feminine or neuter, es the context requires.
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8.6. Each Owner, by acceptance of. a deed, shall be deemed to have
agreed that Declarant shall have no liability whatsoever resulting from any lcrm or
provision thereof having been held to be unenforceable in whole or in part.
8.7. Each grantee of a conveyance or purchaser under a contract or
agreement of sale, by accepting the deed or contract of sale or agreement of purchase,
accepts the same subject to all Iimitations~ restrictions, conditions and covenants, and
agreements set forth in this Declaration, and agrees to be bound by the same.
8.8. Every act or omission whereby any covenant, restriction or condition
in this Declaration is violated in whole or in part is hereby declared to be a nuisance and
may be enjoined or abated by Declarant or by the then Owner or Owners of any Lot within
the Project. Remedies specified in this Declaration shall be deemed cumulative and in
adaition to any others now or hereafter existing as a matter of law. The failure of
Declarant, any Owner, or the Committee to enforce any of the covenants, restrictions or
conditions contained herein shaII not be deemed a waiver of the right to enforce the same
thereafter or to enforce any other covenant, restriction or condition herein.
ARTICLE IX
SIDE YARD EASEMENTS
9.1. Each Lot within the Project, except Lots 1, 14, 20, 28, 29, 30 of Tract
12939, Lots 31, 32, 22, 3B, 39 of Tract 12936 and Lots 1, 14, 21, 29, 30, 44 of Tract 12943,
shall have an easement created thereon by reservation, es more particularly shown and
depicted on the Sideyerd Easement Plan attached hereto es Exhibit "A" and incorporated
herein by this reference, for the benefit of the Lot adjoining and abutting each such
easement, which easement shell be established and used es follows:
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9.1.1 .Upon conveyance of each Lot, Declarant shall grant such
easement to the Owner of each Lot which adjoins and abuts each such easement.
9.1.2 Subject to the provisions of Section 9.1.11 below, the easement
shell be located on, over, across and under a five (5) foot strip extending along the entire
property line of each Lot upon which adjoining walls or structures overhang or abut and
shell be for the purposes of allowing and maintaining: (i) overhanging eaves and other
appurtenances which extend over or across the easement area; (ii) drainage over, across
and upon such easement area for water draining from any eaves and other appurtenances
overhanging the .easement area; (iii) drainage into end through any subsurface drainage
facilities located within the easement area; (iv) maintaining, repairing or restoring the
wall of any adjoining residential structure; and (v) allowing the support of adjoining walls
end structures.
9.1.3 The Owner of a Lot which is benefited by the existence of an
easement on an adjacent Owner's Lot shall have the right, at reasonable times, and in e
reasonable manner, to enter upon the easement ar°a,,including the right to enter upon the
Lot burdened by such easement, for the purpose of maintaining, repairing or restoring the
structural well and other appurtenances serving his dwelling unit.
9.1.4 Each Owner of a Lot within the Project shall permit free
access to any drainage facilities located within a Loo by the Owners of adjacent or
adjoining Lots, where such access is necessary for the protection of such Lots.
9.1.5 The Owner of a Lot burdened by such easement shall not alter,
modify or change the grading of *_he easement area or otherwise act with respect to the
easement area in any manner which would damage or adversely affect the Lot (or any
_~/7_
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structure thereon) benefited by the existence of such easement. No landscaping or
structure shall be constructed, altered, placed or permitted to remain upan such easement
area which may change the direction of the flow of the drainage system established and
constructed by Declarant or which may obstruct, interfere or retard the flow of water
through such systems. In the event it becomes necessary to change the established
drainage flow or system within any such easement, the Owner bwdened by same shall be
responsible for making adequate provisions for the proper drainage thereof.
9.1.6 The Owner of a Lot burdened by such easement shall be
prohibited from using, in any manner or fashion, altering or painting the wall of the
residential structure abutting such easement.
9.1.7 The Owner of a Lot burdened by such an easement area shall
not use the easement area in any manner which will interfere with the use thereof by the
Owner of a Lot benefitted by the existence of such easement. If an Owner of a Lot
burdened by such easement biocks access thereto by the Owner of a Lot benefitted by
such easement, such Owner must provide, alternative access. For the purposes of this
Declaration, the boundary tine of the easement nearest the bwdened Lot Owner's
residence shall be treated as the property line for set-back purposes, provided, however,
the provisions of Section 9.1.11 below, extending the easement area, will not be
considered for set-back purposes.
8.1.6 The Owner of a Lot benefitted by an easement shall hold the
Owner of the burdened Lot harmless from and against any and all damage or injury
suffered or incurred by the Owner of the benefitted Lot, his agents or representatives,
arising from entry onto the burdened Lot by such Owner for purposes of the acts set forth
in this Article IY.
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P312
9.1.9 The Owner of e Lot benefitted by such easement shall restore
or repair any improvements damaged by such Owner due to his entry onto the other
Owner`s property.
9.L.I0 No use of any such easement shall be made except as
otherwise provided hereinabove.
9.1.11 If a structure is built on a property Iine and that property line
abuts a downward slope area then the easement area adjacent to that structure shall be
increased to include an additional five (5) feet from the toe of the slope outward.
IN WITNESS WHEREOF, the undersigned, deemed the Declarant herein, has
hereunto set its hand and seal this Zg~day of Ay 198_.
MARLBOROUGH DEVELOPMENT CORPORATION
a California corporation
By - _ .
PAUL N. ~Y , ice President
DOLORES M. O'BRIEN, Secf ettry
(Acknowledgement Attached)
-ZY~
STATE OF CALIFORNIA )
)SS.
COUNTY OF LOS ANGELES)
P313
On Nau cs~~ ~ ~4~(p ,before me, the undersigned, a Notary Public in
J
and for said State, personally appeared Paul N. Byrnes, known to me to be the Vice
President, and Dolores Ni. O'Brien, known to me to be the Secretary of the corporation
that executed the within instrulrient, known to me to be the persons who executed the
within instrument on behalf of the corporation herein named, and acknowledged to me
that such corporation executed the within instrument pursuant to its Bylaws or a
Resolution of its Board of Directors.
WITNESS my hand and official seal.,
OFFICIAL SF,AL
CORINF. A iiAR7Y
~ ~ NOTARY GUBL~c • CALIFOaN1A
.LDS ANG1'S LtlUtiiY
tAY comm. expfrc~ MAY Q, 19~p
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NOTARY PUBLIC
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GLENN A. BROWN, JR. WA$$ERMAN COMDEN & CnsSELMniv L
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CRYSTAL A. IARFAb
INTERNET HTTPJ/WWW,WCCLAW.COM
L. 6TEPNEN ALBRIOHT
HOWARD B. GLUM
TODD A. CHAM BLRLwIN•
JOEL GIBCNMwN
RONALD L.NELMUTH
MATTNGW E. JACKSON Jaly 1J, 1999
JEFFREY K. JAYBON
ELBA N. JOrv EB
NEIL D. JOSEPH
JEFFREY F. KAGAN
TOM F.Y, KING
DEANNA LYN KWAN
LLOYD G. MANN
C0.wID O. MwROULIEH
JOHN A. RAYMOND
CALVIN B. ROBE
61MA R. Bw LEK
CHERYL D. GNAW
MARINA N. VITEK
OwNIEL L. WARBNwW
CERTIFIED MAIL,
RETURN RECEIPT REQUESTED
Jennifer L. Mason
Carlos Herrera
6416 Eagle Peak Place
Alta Loma, CA 91737
P314
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Re: Planned and Ongoing Changes to the Property Located At 6416 Eagle Peak
Place, Alta Loma, CA 91737
Dear Ms. Mason and Mr. Herrera:
Karen Pusateri has retained this office to represent her interests with regazd to the above
referenced matter. Please be advised that all communication regarding this matter should
be directed to this office. Please refrain from communicating with Ms. Pusateri directly.
Karen Pusateri has engaged this office to complete an analysis of the rights and obligations
of all parties who reside in the Mazlborough Meadows Subdivision ("the Subdivision'.
Specifically, Ms. Pusateri is concerned with your current plans to reconfigure your side yard
which abuts her home.
Enclosed please find a copy of the "Declaration of Establishment of Conditions, Covenants
and Restrictions for Marlborough Meadows" (the "Subdivision Agreement"). When Ms.
Mason purchased her home within the Subdivision she took title subject to the conditions,
covenants and restrictions outlined therein.
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WASSERMAN, COMDEN R.C CASSELMAN L.L.P.
Jennifer L. Mason.
Carlos Herrera
July 15, 1999
Page 2
Under the [emus ofthe Subdivision Agreement, yourproperty line begins immediately at the
side of Ms. Pusateri's house. However, per the Subdivision Agreement, Ms. Pusateri
maintains a five foot easement in that strip of land between your homes.
There are several issues that concern Ms. Pusateri with regazd to your recent home
improvement measures. First, your excavation of the slope abutting her property has caused
the footing of her house to become exposed. Second, your plan to attach a three foot wall
to her footing which is to run the entire length of her house. Third, your plan to construct
a block wall which would enclose her utilities, thus preventing Ms. Pusateri access in the
event of an emergency. Lastly, your plan to remove a fence which is attached to Ms.
Pusateri's house and which is located on her side of the property line.
Each of the above referenced items will be discussed beiow in light of the Subdivision
Agreement.
Removal of the Slone Exposing the Footing of her Home
Article Nine ofthe Subdivision Agreement entitled "Side Yard Easements." The provisions
contained in Article Nine set forth the duties and obligations of residents of the Subdivision
with regard to side easements.
Your property line begins at the edge of Ms. Pusateri's home. However, Ms. Pusateri owns
an easement which is designed to permit her access to the side of her house. That easement
is a five foot strip extending along the length of the property line.
Section 9.1.2 sets forth the creation of that five foot easement. The Subdivision Agreement
specifically states:
" ..the easement shall be located on, over, across and under a
five (5) foot strip extending along the entire property line of
each Lot upon which adjoining walls or structures overhang or
abut and shall be for the purpose of allowing and maintaining:
(i) overhanging eaves and other appurtenances which extend
over or across the easement area; (ii) drainage over, across and
upon such easement area for water draining from any eaves and
other appurtenances overhanging the easement area; (iii)
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WASSE&MAN, COMDEN SC CASS~LnLAN L.L.P.
Jennifer L. Mason
Carlos Hemca
July 15, 1999
Page 3
drainage into and through any subsurface drainage facilities
located within the easement area; (iv) maintaining, repairing, or
restoring the wall of any adjoining residential structure; and (v)
- allowing the support of adjoining walls and structures."
Furthermore, in section 9.1.5 of the Subdivision Agreement states:
"The Owner of a Lot burdened by such an easement shall not
alter, modify or change the grading of the easement area or
otherwise act with respect to the easement area in any manner
which would damage or adversely affect. the Lot (or any
structure thereon) benefitted by the existence of such
easement."
You have already graded the slope which abuts and runs the length of Ms. Pusateri's home.
The excavation of that earth has caused the footing of her house to become exposed. In light
of the provisions contained in the Subdivision Agreement which prohibit this behavior, Ms.
Pusateri respectfully requests that you cease your excavation and replace the earth as before.
The Three Foot High Block Wall to Extend the Length of Ms Pusateri's House
Again referring to the Stbdivision Agreement, section 2.4 states:
"All fences are to be constructed at the property lines or at the
boundary of the side yard easement area.... "
Based on the foregoing, construction of such a wall would interfere with Ms. Pusateri's
easement as discussed in detail above.
Any wall you plan to construct should be erected at the boundary of the easement that Ms.
Pusateri has on'your property. The location of any proposed fence should be detetntined per
the Subdivision Agreement section 9.1.11.
"If a structure is built on a property line and that property line
abuts a downward slope area then the easement area adjacent to
that structure shall be increased to include an additional (5) feet
.~„ Pte.,
°~ ~'~ W~ASSErtMAN, COMDEN 8C CASSELMAN L.L.P.
...
Jennifer L. Mason.
Cazios Hen:eia
July 15, 1999
Page 4
Based on this provision, any wall must be located five feet outward from the base of the
slope that used to abut the home of Ms. Pusateri.
Construction of a Block Wall Enclosin Ms. Pusateri's Utilities
One of the reasons Ms. Pusateri and ail other residents at Marlborough Meadows were
granted the subject easements is to be able to gain quick, unfettered access to the side of her
house and all appurtenances thereto. Again, you are not permitted under the Subdivision
Agreement to alter the nature of her easement to the detriment of her Lot. By constructing
a wall, closing off her access to the side of her house you would be in violation of the
Subdivision Agreement, specifically Articl: Nine.
The Removal of the Fence Attached to the Back of Ms Pusateri's House
Pursuant to the terms of the Subdivision Agreement, Ms. Pusateri erected a fence which is
attached to the back of her home and extends to the back of her property line. This fence
is wholly located in Ms. Pusateri's property and cannot be removed by you.
In conclusion, Ms. Pusateri is concerned about your recent plans to reconfigure your
property. In no way does Ms. Pusateri desire to hinder you from developing your property
the way you see fit. However, Ms Pusateri is concerned that several of your proposed
actions will adversely affect her property interests in violation of the Subdivision
Agreement.
Please refer to the Subdivision Agreement and confirm that your proposed and ongoing
activities are proper.
If you have aay questions please do not hesitate to contact me.
Very truly yours,
WASSERMAN, COMDEN & CASSELMAN L.L.P.
MATTHEW E. JACKSON
MEJ:zaoiazi
Enclosure
cc: Kazen Pusteri
P31