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HomeMy WebLinkAbout2009/05/20 - Agenda Packet~ ~~ 10500 Civic Center Drive ~ Rancho Cucamonga, CA 91730-3801 City Office: (909) 477-2700 ACih:~ l),1~ 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 Approved: ""'* N 0 rW i C i Q ~ J ~ O ~ N ca ~ Q ~ ~ O N ~ O ~ Q ~ c~ c .>_ ~~+ L fl-'~ 0~ ~ o L •~ ~ ~ /_~ /1 ~ O U2 Q ~ ~ ~ ~ ~ ~ C Q N _ ~ ~ O c~ ~ ~ ~ O .~ ~ ~ O ~ ~ ~ ~ ~ ~ Q ~ .~ ~ ~ ~ ~ ~ U ~ ~ o Q ~ ^ ^,, W U ~ ~ .c~ c ~ ~ ° o ~ ~ ~ ~ _ U ~ ~ ~ L L • ~ ~ ~ ~ ~ ~ ^,, ^ W _ ~ ^_ LL L, ~+ _ ~ U ~ U '~ Q C '~ ~ O O C ~ O to ~ ~ N ~ ~ U U U c~ o m -v ~ `~ U ~L O _ c~ ca ~' ° o ~ ~ ~ Q ~ •~ ^Q ~ ~--~ W ~ O ~L ~ O ~ ~ o Q U N ~ C fC3 ~ ~ ~ L 0 0 c~ ~ O .L ~ a. ~ ^~` •W ~ c ~ N U C ~ ~~ ~~ ~ n~ _N ~ W ~ U ~ N •- ~ ~"~ N (~ ~ ~ ~ (~ U ~ ." ~ U ~~ ~ _N W Q ~ ~ N ~ ~ ~ ~-_ N W ~ O N ~ ~ ~ O ~ N ~ U W Q N ~ L_ •~ C ~' N ~ U L ~ ~ ~ ~ ~ ~ ~ ~ U N N +., ~ ~ ~ ~ ~ ~ W ~ ',~ N ~ ~ W ~ ~ ~ ~ L ~ p p ~ ~ ~ ~, ~ ~ O N ~ ~ ~' N ~ .~ O ~ N ~~•- ~ ~--+ U ~ ~ ~ ~ ~ ~ ~ C (n p~~+ ~ ~ ~ ~ O N C N W ~ v ~ U >' Ca U U ~ ~ ~ U c~ Q o c~ Q N (~ '~ L L ~--+ ~ ~ O C ~ O ~ ~, ~ O N ~ C ~ o~ ~ ~ ca ~L Q O L ~ •~ ~ ~ ~ ~ ~ ~ ~~ O ~ ~ ~ .~ ~..~ ~ i O 'D ~ .~ ~ ~ ~ ~ C U ~ ~ N (~ ~ Q ~ ~ N ~ ~ ~ U ~ a--+ O +r ~ ~ ~ U O ~ U ~•~ ~ ~ (a N O O ~ ~ ~ ~ ~ C~ ~ ~ •~ m ~ O ~ U ~ ~ O .~ ~ L ~ ~ cn ~ O ~ N ~ •~ ~O N ~ to ~ N N O U O N~ ~ v W L L- ~ ~ ~ ~ +r N ~ '~ O O C6 N ~ ~ ~+ ~ ~ ~~ ~ ~ .~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ U N ~ ~ ~ ~ ~ Q C~ ~ U O N >_ L ~ ~ J J V) p L O °ZS O~ O p~~ ~ N __ N ~ N ~ ~ ~ N ~ L O (CS ~ ~ L N ~ ~ ~ > ~ ~ O O ~ CO -'~-' ~ (6 O O cC3~•p (a > ~ O ~.O (~ `~ ~ Cn ~ O c~ N ~ ~ ~ O ~ O p ~ N ~ ~ ~ ~~ Q. ~ ?~ U ~ ~ ~ U ~ fl- U ~ ~~ ~ ~ ~ O U D O ~ Q U ~ p ~ '~ O ~ ~ ~ L m (~ C~ m W O .~ 2 O~ .~ to ~ .~ ~--+ _~ ~~ V J ^~ W ~~ J N ~oU '~ J ~ o .~ Q ~ ~ ~ N ~ o ~ ~ L ~ ~ o ~_ o •L •L Q ~ ~ ~ ~ i O U o }' U c ?~ Q N ~ ~ L ~ O ~ (~ ~ 'o^ o ~ VJ ~ U ~ ~ ~ ~ ~ a~ ~ ~ ~~ o .~ ~ c 0- C ~ o ~ ~ J C6 N N •L ~ O o ~ U o Q o fl-'> c~ ~ ~ ~ ~ ^~ +~ W ~^, W ~ O N ~ ~ ~ ~- ~~o - ~ ~ U ~ C ~ i O ~ c}n U N U O U O .~ Ca C~ ~ ~ ~ ~~ ~ O ~ ~ U O ~ Q •- ~ ~ ~ ~--r c~~a ~ ~ ~ N ~ ~U _O ~ U ~ ~_ ~~ O ~ ~ o ~ (a ~ N C6 O ~ ~ a 0 a~ O ~ ~ ~ ~ ~ ~_ ^~ •~ W O ~ o Q ~ ~U ~ .~ .~ ~ ~ ~ ~ U~ ~ C6 ~ N ~ ~}'NCp ~~ N O(a~~cU~~Opca~ C(ONN~C"],(~~i~C W ~_>~~U-~LQ-L~ . LO~O~~i~}'(00~'O i~~NOfB~~-~N~ U ~~ _~ ~~ Lo~ONa»~cc_~u'° ~+•--U -p7 UNO~N ~~N~~C-~~N~'aUN ~ ~ O c c ~ N cn ~ ca N Q+-, O OjN OU ~~`~ ~~ ~ O'~~ ~ ~cA}''aQ~~Up)N YLQ-O~Cp~ O~~ ~~~~-~~~~`~Q~~N .~ >+ NNNNO~O ~~~ ~ ~ ~~ ~~~~ ~ ~~ N L ~ 3c'c•~~o~~~~~~o O pONLp~N~O~.N ^ 3p-~NUON~AO~O~ U ~ ~'o~~ `~~U c~~~•~Q°~~°~~~c~ ~~ N L ~-a ~cn c•- Q~~OO~j~~~•c~c~ ~L~cn~jcn~. ~..~. .-.o N~~U~U~i•-DUi~ ~ 0 3- U- ~~3~ c~ oU 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 P2 m O Ery U U t c T U ^C, W Q d ~ 01 ~ ~ d ~ ~ ~ O N C ~ ~ M 0 O _ O •O ,~ ~ ~ ~ Q voa o a t V L t6 _._._.._.. 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M N a ~ ~ o m Q 0 . ~~ Q n Q ~ 0 b d r a ~ ~~ ~ d a' d d p1 U A ~ > d Q m tt c a E in d c U n 0 m m m m m m of m M Vi n n N O b~ O1 N n m m m m O~ N N (O N n m m Q q N N I m m ai bi m m of ri n n o m m of m 0 0 N O 0 n N N N N N Z m W ~+ w z i U d z m W d (7 d Q Q J a V ~ 0 q 0 I a N ~ 'O N C LL c d o E ~ ' m 7 C T C m Q ~ O 0 Y J f7 N m 0 m °m 0 IO 0 0 b~ T N b Q 0 0 0 N o O 0 0 °0 0 N 10 N N O O b~ T °o °o A A M M n n O O O~ Oi 0 0 0 0 oa o o °o °o °o 0 0 of bi O 0 N 0 0 0 O a .°b ~ N U ~ U' z 0 w O m S ~ J d ~ a w ~ ^ b LL 3 0 a C ~ O N 6 0 U N ~ o N T C d m m Q I ~ m d ~ 9 N IL ~ a r OPi m N V P N O Q m m n b n r h A N m a m N i Q 9 d maw a Q U ~ o ~ > o i ~ r ~ o d ~ a f C 0 0 O K P18 m m a .°. 2` n y 'L O N N " 0 ~~ a ~~ e m T a 0 0 a d y q v ~ N ~@ sa eg N C O m ~ L d N O_ E U r ~ ~ O U ~ N N O c 'iy Q ~ ~ M X ~ O_ p 'C ~ O O Q O ~ ~ N d d 0 ~' i m T T V n O~ m b 0 Q 0 0 0 Of T N' N N h n m m ~ m R T 7 ~ A 1+1 a v ~ N 1q L p a' v v m `w to - ` ~ m ~ 2 ° a ¢ `°n a m R d QI 1 U C A N m d m A N Q n n ri r 01 A 0 Y C d E N d C L C N A U A O f n a r m U r H o a 0 LLI C ~ O n a ~ a O+ 8 O O K n P 19 m _ v _ Q U ~ rn a . H n o f > _ a~ z ~ LL 8 r a ~ 0 a s a ma o~ °m m m a o o ° m m m W m N ) o ~o n 1+ O N O N N O~ n O~ N a N N CO q O O O O O O O O O 6 A 9 d ~ d ~ ~ O d ~ q N INO N 1N0 N tN0 N ~Nf ~ V L 6 ~ 1 N N N C N O ~O a `o m w m m a'' C C ~y d O ~ G> '~ w. maa m rnaa O N ~ t O C >. 67 l0 m ~ Q ~.T. O cow m Q 1 ri _ N~ O C Q f O O O N N d r mq °m a _ _~~ _ ~ •LL y N N L!. a rnm _C V ~ n Y1 P O O n e'1 A ~ A N N O 10 0 y m n N O m F 2 O m O m N 0 W /1 V f N W J _ N E > ~ A A ~ z (W7 ° a ° a H N < d T J Q V1 fn ~ r C U O O ~ a C o ~ a c > n > E W U v > C d o N JF N v N < > N C T T V T F i C C d ~ O~ i N OI Q _ ~ Q, q ° N U y y ~ O ~ U O J > N d LL K 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 ~~ 0_ ~ ~ ~; ~ O 2O ~ _ ^ G\ 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 ~ ¢ ~ ~ < BNSF RR 8TH ST ~ ~ Z ¢ 6TH 5T N > 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 -~\tJF DP, (-'1 ~. ur - ' HIlL51 E C.D aL I IDE R ` m ~ m ~ILSUt I AV WI OBI A`/ N LiOp nV BEEC I W ~ ' a w ` C w a m _ '-1 BA~iY ST ~ . ~ ~ N \ < r ~ w_ W ~ 12 J OFR 1210E J 121 a a w w a w Q ~ J a ~ V LTORI ? C 9 t d - ; •\ BASE LV ' O W ~`, ~ S LMU OH RT ~ LHU .LH 6 ~ " ' i < F OTHI BL ~ F- _ ~- - m I ~ a c 4RR W P.7 ~ iH 5 a ~ JERSEI' BL ~ B H ST L ~ \. ' i HST ~ --- ~ = ST F 6TH ST a ¢ a O _ a aTH 5 N - VICTJRIAVARF LII ~; 7 NCTDRN ST .~~ - y-.~'~:. ~. -- • - - - - es ' ~ ~ ,.. W ; . .. - -----r%r- .. :. , i - ~ ----- . i .1 - , -r---= ~ ; ' i /~~ ~ ' ~ 1 ; ~,a~ :; ~ ~ I iECT PRO I j ` I ' '~ . i. ~ i ..:> i Vicinity Map Pacific Electric Inland Empire Trail Phase east of Etiwanda Ave, to (-1 ~ Free~~lav 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 rn ~~ o m n ~ A ~ 7 10 v y~ N m O ~ yTj ~ m N O N I U ~ N b n U t C ~~ t N m O) O 1pppO n _ O ~ I W ~ nl N O N O o _T M U O N N O = T M M y Cf O N m ~ m H m O V 0 Q O ~ n0 O O e O I~ ~ N ~ ' O 0 6 Y O o~ a m o 0 p m e ~ m m V [V I~ 'N_ ~ m ~L ~' w+ N T m r N ~ V N m m f f ~ o o ~ £ R E O w R V C 7 N ~ N ~ O " O ~ O ~ ~ L D. .~ O ~ s = m o m ~ ~ .~. yy L O l Q `~1 O 1~ tOD N N P ~ p A O a m LL o a ry ~ o m H va `m ro a ~ m °o V m °n °~ ~° > ° $ o $ N O ^ fO N O N N m m o r d Ol 01 ~ .o. a C g o ~ d o q E LL c U U N d .yi~+i~ v E v N ~ as y d ~ cT a C V ~ C to L > `~ ~ i ~ ~ LL ~ o ~~ U a_ o H N L . 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"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 2009 fo 2010 /ire meg mou (3J.doc P45 § 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 2009 l0 2070 Tire meg mou (3J.doc P46 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 2009 fo 2010 fire meg mou (3J.doc P47 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 2009 fo 2010 /ire meg mou (3). doc P48 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. 2009 to 20f0lire meg mou (3).doc P49 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 2009 to 2010 /ire meg mou (3).doc 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 2009 to 2070 /ire meg mou r3). doc P51 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. 2009 to 207o fire meg mou (3). doc P52 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 2009 to 2070 fire meg mou (3J. doc P53 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. 2009 to 20>0 fire meg mou (3J.doc P54 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 2009 to 2010Iire meg mou (3).doc P55 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 9 2009 to 2070 /ire meg mou (3).doc ' P56 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 io 2009 to 20701ire meg mou (3). doc P57 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 ii 2009 l0 2010 Tire meg mou (3J.doc P58 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. 12 2009 to 2010 fire meg mou (3). doc P59 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. 13 2009 fo 2070 (ire meg mou (3).doc P60 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: 14 2009 to 2010 fire meg mou (3). doc P61 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 15 2009 l0 2010 /ire meg mou (3).doc P62 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. 16 2009 to 2070 fire meg mou (3). doc P63 § 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 17 2009 to 2010 /ire meg mou (3).doc P64 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. is 2009 to 2070 (ire meg mou (3).doc P65 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. is 2009 to 2010 /ire meg mou (3). doc P66 § 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. zo 2009 to 2010Iire meg mou (3).doc P67 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 zi 2009 to 2010 lire meg mou (3J.doc P68 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. zz 2009 l0 2010 (ire meg mou (3).doc P69 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. 23 20[59 to 2010 /ire meg mou (3). doc P70 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 2a 2009 to 2070 (ire meg mou (3).tloc P71 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 zs 2009 to 2010 fire meg mou (3). doc P72 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. zs 2009 to 2010 /ire meg mou (3). doc P73 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. z~ 2009 to 2070 /ire meg mou (3). doc P74 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 za 2009 to 2010 fire meg mou (3). doc P75 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. zs 2009 to 20107ire meg mou (3).doc P76 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. 30 2009 to 2070 fire meg mou (3). doc 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 P77 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. P79 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 P80 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 P81 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 User: VLOPEZ -Veronica Lopez Page: 3 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 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 User: VLOPEZ -Veronica Lopez Page: 4 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 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 Repor[:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:38:5 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 User: VLOPEZ -Veronica Lopez Page: 6 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 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 User: VLOPEZ -Veronica Lopez Page: 10 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 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 User: VLOPEZ -Veronica Lopez Page: 11 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 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 N OI c ~ j' ; ~ c p m W 'd U ~ O n U L C d' ~ R O W O _T nmj U 3D A ~' E F ~ O O e ~ O a Y d O ~ m d C +.' ~ C d ~ ~ o d f6 E ~ ~ f6 U ~ ~ ~ O N U ~ p M O O ~ d > w ~ O Q ~ 0 o a ~, a U lp N m N ~ N ~ ~ N m < m in ~ N N m N ~ m m N 0 0 °o ~ m m N ~ O H N I ~ ~ I e N Omi O Y ~ O fp ~ OI N 0' O m ~ N m ~y O m N O ~ O n N N M N O N N N N lh O ~ a N n n o ~. o ~ e ~ "~ ~ ri m m m m m ~n m N ~ O~ {+~ v O m N N p N n N ' N m M n o ~ o ai ~. o M 1O ~ •- N m 0o N ~ N 01 O N ~ ~ T O N o m N Q m N m N m 0 0 e m N (O N N m O. 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L ry n O ~ - N L. ~ N ~ ; C VI ~ E ~ U ~ jp - Q ~ ~- c 3 m ~ E d O N a m c v ~ c y d ~ E ~ 0 N ~ ~ 7 r O C C ~ d O y .L.~ N O .n `o o m N ~ °o y m ~ o n o '~o oc Q ~ U G ~r~ J N ~ m ~ L Q J H " O O U ~ ~ O o o E o - a ~ ~ ~ N C LO. 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O O LL E E ~'n v o -' U j al Y a n ~o ~ n tO I N M n c> ~ m n o in o m v co N n N 0 .- m b r r~ in ~ .n m M ~ M w w N e o o a o 0 ~o co o v a co N N N N N N N N N N N N :: a a a a a a ,r',$ zzzzz~z m N L N O ~ yl a' c E N 1 C d E Z C 7 O U O C a v m a a .d.. C O N n n n n n n 0 0 0 0 0 0 0 0 0 0 0 0 N\ N N N N iO iO N N ~ N N N N N N N U V U ~ ~ ~ C C C C C C li li li li li li N W N N W N Y Y Y Y Y Y T T T T T T N N N N N N c c c c c c ~ ~ ~ ~ ~ ~ c ~ ~ LL ~ 9 c v ~ ~ ii > > c ~ O LL U 7 U U V O U = a ¢ N _ a N 0 N U O N 6 ~ ~ ~ ~ ~ S w ~ `v .__ m a ¢ v = a` ~ F a d N N a c 0 m N ri O) N r co N N ri p N n N w N 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 _ w Avc 1 n n. ~' Ivsn n ~ a~ _J viErulu UPI~4ND ~ I ~ ~ a ~i~ n. I ~ ~ II~~ ~ se ~ - ~ i ;il > ~ ~ s's R > ~ __ ~ nEVw ST ~.JQ ~ Y. ARROV RRRE - > ~ ~~ ~ . n~ ssn n. ~ ~-E~^~ .cRS[r stun > ~ m iERO+ a I ~ ~ ATf.SPRR 1 I ~-~ < g )b~ STREET ~ PIS: II ff ~ ~ ~~~~Pf-.. BERlTACS PARK P2-NEST BERYL PARK ~~ ~ P9 i~EAST BERYL PARK P6-RdDXILL CC1OlUNITY P 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 _ N.T.S. 0 O 0 O~ 0 O 0 O 0 O 0 O 0 O 0 O o O p P F p b N N N O N O O b ~G N fl W N t~ N N P O ~ 7O P VI (9 N 43 p (9 '^ A N A m U ~ ~ ~ ~ ~ ~ Z ~ n ~ ~ o o in a o o 0 0 0 0 0 0 o 0 a 0 o 0 ~„~ F ~c O N 9 ~ N Y O N O N O t~ O N N N O O ? U d3 W ~ ~ N ~ O o O c O o O 0 O 0 O 0 O 0 O 0 O 0 O .r a ~ ~ ti j[~ 'J N P b ? O C O ~i O ~' P f9 ^ W YI ~ V1 P '~ b f.. O ~ ~ `A v. yr ~ w a a N m ' Ik p o p N O o O 0 p 0 p 0 O 0 p 0 O 0 F ~.,, of .- 0 0 0 0 o vi o ti m ~ ~ (9 N fA N O N O C7 g U ~ ~ ~ ~' ~` a H d+ 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 p W U S F r r o o r o n o o p o x ~ - e m ~ ~ ~ N ~ M ~ ~ ~ o e 81 O b ~ ~ ~ ~ ~ V 3 ~ ~ ~ H O a' ' ti Y W ~ o O o O O O o O O O O O o O o O O O C r O W ~ (R N ~ N b N O 4 Q ~ ~ ~ (9 H Ml p R Vi 0 O 0 b 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 b F p ~ m O VI P b P O P O ~ ~~, O P1 O ~ b w - in b ~ C is N d' M in c0 ~ eJ v. ~y ~ O1 ! < ~e W y jy, O O O M O O O O O O O O O p O p O O w F o ~ vi ~ o m ~ r 0 n 0 ° 0 n 0 ° ' 'r. ~ F m w w vi » ~n o ~ .n o ~ a U z ^~ w z W ~ O ~ z o F"' Y= ' zX o a~¢ Q ~ ~ ao ymw a - 2 U Z ~ W' O W~~ . .~ ` fpm Ua wW w F ~Nm q. a °o ~ Cry ~ dl W z J >aJ a = a W. W W K U o K O ~OJ z a IO z W O C7 z ¢ p Vl N 0 O O z v, w a t. 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F U ~ u % ~ Z_ U i°n °~ $ °c °o °O °o ° °o F % ~ V ~ Yt O ry M ~ N ^ P O b P ~ ", U K V1 M M v' b N +R n p y~ O O o m O C O O O O O O O C O O O O O % I O F ~ r ~ o o v O °o °o p I „1 z N h N P _ m O U ya+ C O O ^ ti w < ~ O vi C ~ (R H ~ w N S K ~ ~ r ~ U 6 x 6 d Z °o ~ ri y G r ~i % ~ P ~ L ~. 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W a t/! U tn~Y fn i C7 ~ W O JC¢ w7 W w J Z ZJa O F Z, Gz: ~ ZZLL W O~ ~ a ¢ KaN O F Z ~ -xw UOZ w > C ¢~~n W O Q~ R C a 0 C C U y ~ ~ Z z o ~ O a °i O zza °Ug ° N ~ ~ ~ ~ LL Z ° Z ~ C ti ~ ~ 0 0¢~ w Z p a ~~¢ z C :z7 o ~: t S Uf=~Z Fq .;o Z g aww QV,~ x ~ ¢ 3 ¢ ~ ~pvl ~pZfq ~ a O o ~ .N., > ~ ~ ¢¢C7 U' a >ww ai a LLa JF ~ LL r w U ? O H O i O In ' j W ~H(n Z LL ~ Q O ~ d W > cnK~¢ O ~ d ww0 O O p ~~~g w V G F Z p ~~ g ~ ~ ~ W W W J W J C1 ~> ~' ~ N O nJ h N Q N O d ~ Q N tD W N ~ h ~ O ~ O N ~ N M C' u] ~ l~ W O~ (i 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 ~~ c y,a a a -> > ~- ` ~'".. Almond Rd c Hillside Rdl` =~; Banyan St`=„ r lstn st ••- Base Lirir}Z~ _~- AfTOW~#Z 8thLSt 10 Freew~_ J ~ '~ a - S ~ ym . ;. t dj' n `~-" m' '. ¢ o~ i - ' - -i .,- _ _ ~ r-~- I _ i + r: I i = a = i ~ f Vy~~. '~~.~ ~:s./.. W RL f~ ';~ ~ y~ . , ~ ~ W ' I ' k: U~i~J,'i - - •~lson Av ~ " Route 30 1 y ~ • ighland Av _ ~ _ , __, . ` ~ ~ ase-L=irred2C' L~ a ~-'~ ~ oottull B'1--~ i~ SY - ' ~ . rrow Rt 4th Sf 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 as as sF removal of existin - slsm aszs.oo sls.oo Es6o.0o szzs6 a>e9.6o as t Ls Traffic Control ssooml asoo.oo sl,loo.oo sl,loo.oD seoo.oo aBOO.ao ACCS88 RAW AT AEC F1ID.LYAR AED BRTII BT 46 t ~ LS Mobilization s2,soom az,soo.oo sl,loo.DO SLloo.oD s2,>so.oo a2,>so.oo PCC Handicapped Ramp and Retaining Curb including Detectable a2s.oo ss,300.0o Eto.00 s2.lzo.oo a6sz al ob>.oa a~ z1z sF Warnin Surface ue own with poxy range EIOO.OO Sa00.00 E25o.o0 SI,ooO.oo 595.00 a35o.o0 48 4 EA Delineator Remove K-Rail and Relocate Street S aeoo.oo seoo.oo Blsoo.oo aL6oo.oo seoo.oo aeoo.oo a9 t LS Name in so t LS Traffic Control . saoo.oo saoo.oo s1,6oo.oo 51,600.00 s>so.oo s>s0.oo RAW 1, 2, 3 AIfD 4 OA DAR'EWAY AT E/9 }IELLtlAA R/O BAEB LIFE RD 51 t LS Mobilization slz,ooo.oo sl2,ooo.00 sl,too.oo sl,loo.oo al aoo.oo sl,9oo.00 AC Pavement incl. sawcutting and 52 S TON remOVa Of QXISIID E4oo.o0 s2.aop.oa 5250.00 Elsoo oo 516s.oo Sz9o.oo Construct Rockscape per City Std. szo.oo szooo.o0 53s.DD sasoo.oo sm.>s aLb>s.oo ;3 too SF 542, Case 1 12" PCC Curb and Gutter and portion Cf Driveway including removal of szs.oo sesoo.oo E9.oo s3,o6o.00 53aso si 1,osa.oo ;a Sao sF existin an iceppe amp and Retaining Curb including Detectable ~ Warning Surface and removal of 5!0.00 55,500.00 59.00 sa,34o.0o szo.o> 59,533.60 ;; 480 SF eX15[. ReconsVUCt Retaining Wall (H=1.5') ;b ss LF includin removal of existin alzs.ool a6,e>s.oo sloo.oDl sssoo.oD wo.6ol I s3,33a.oo RewnsVUCt Retaining Wall (H=3'-5') ;7 so tF includin removal of existin szoo.oo slo,ooo.oo Elzs.oo u,2so.oo s8a.5o s5,ns.oo ;8 s LF Install 4" Schd 40 PVC Pie azo.oo slzo.oo asoo.oo s3,ooD.oo s4aoo al3aoo 59 t L; Traffic Control asoo.oo ssoo.oo al,ioo.oo sl,loo.oo si,~oo.oo sl,loo.oo BASE B/D TdTALS S19>,YO3.00 519>,60>.60 f1fA,293.81 5396,561.21 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 ` ~ ~r ~ ~~ ...N,~ ,,,,,,,H,,,,,,,,,,~„ ~r,,,, ;;,,,,.. ; ~ ,,,,,, ,, „H,~,,, ~ a --~t~ ~~:,,, _ 6 ~\ 3q imm~ E 7 1 yI_ i~ ' 'MY 15r3 A1q .~ m \ MYNILI e o ~~~ ~ r r ~ s ~ a d N ~ ~ 'pe xi3tD aro rY N • s J e ~rw 1q • l C . 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Q F h y ~ h W ~ i C ~ O' ~ 0 N N N Q ~ ~ N N ~ Cj ~ ' ' O Z N M R N ~D h W O~ O N M ~ 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 _ NOT TO SCALE ' j _ _ ~ ; ~i I ~ Grand C'~~ . m ' - I . I I ~. I 57ena- .. W ' i Yely Ct' Yb~'i -_E Arrt»v IA•_ry_ _ ~ ~ ._ . -- ._ c .' .. . : _. .... -_ Arrow Route ; ~~ : y~~ _ - _ v _ _ _. _ _.. ~ COt~nYlOOQ SZ ~ ~ ~ i ~. 13 Y. r S 1 ~ i ~ ~- _ ~ ry l n ~ 1 x 1 1~ A _ ,, ~ . ,I ~ -~._s-R_3,r I . 7denh3tnCr St Sahna $t I , ' ' ~ i ~' : - e n ' - - - ' ~ ~ ' I SatidahvooG Q " ~.,~k ' - ~ d ~ <- ~ - ~ s - - -. ---- ---- = - - ;. -' -- ,~- ~ '~ y 1 6 Y i ~ I~ I ~ Y I ~ ~ ~- I - TJ ', _ Chaffee A D n I S I ` T[ ^ I 1 ~ I M' • » ~ ~ - - DR~ZOOS-o~obo '" J -- ~ _~ ~ I I~ ' . n -- ... _ _. _/':chson~ 7~pcYa 6 Sar,;a Fc _ - , - E S:h St . _ ~ _-.- __ _ ~'z -- EBtA St ~LB th3 b ___ ~ _ ____ 1' ___ ~' ~ _ T _ ~ I Ij Z y__ '.0 r ~ _ _ I E 0.aymond.St I ~ , a~ •~ I ~ ~ - l I ^ E 06ve R ~ ~ " E Olive St' o ~ ; c ~ _ _ _. _ - _ __,. , _ i _ !>_' n` s_.-. BEN M ~ E M RlanO R N n z g ~ Z i " z __ i E dightrnd St : 9 - - ' -. c ~ ,`ti ^' _' E 7th St ~ . ~ - i • ~ ~ _ _. ___ _.. ~_ __ °- - - - _._ _. _ ; . I Sytamtxe SC cn _ 3 z n 5' E UbMeSZ < I ~ s ~ E Alvarado $t _ s R ~ a S a ~ ~. E Ck:odar St g 4 ... I _. 0 1 5 .'... rJ:oac LtapOot51 UIe. ,~„ ~ n Way w Ia ~'~" `~ M TPIflAilax 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 - P18f SANTINA ~~ _ i J ~ ' ~~~ ~ -I flt:f~•\ LQ1Y~ ~ ~ 1 I ~ ~ ' -r:--r l• Jti` . t, ~~?'rJ:J ~ ~ ( f II ~ r HILL IDE-• " HI SIDE ' r I ~ ~ -_ ~ _ - LtEiiG~1 J `' ~ _~a I 1 _ =3~ ;Q~I_~ AI, ~1_I m; •I 1- f~ -• ~• ~~~, _~ _yn~, _ ` `O ,'~, I,J~}:.'LLJ'. r'.t;l-.:,' 1~ I~ 3L `ye -.+ ti ail -~-d.. ~ I ::N-'~4 •. ~^ I i`=`~- vlwl'- .I "'1 __ {. ; 1 I -i n ~' i (i L.~L ,~~ - d '~ I'C rF~~'; -~~T~ ~7-~'. T -z- . 4--~ ~~ I ~I ~~~~ ~~~~L ~ ~ ~ ~ . 1 ! p i~ ~~ ¢~ WILSON a (.'SML'Sf ~ ~ `-w:_ ~~'. ~_~ AN r '~~ -~._ :' I ul r ~ T~ ~.''~ ~ ` i i l .: ~ 1 J' ' - '~, Q ~ PPS - , ' 12'10 ~_ ._ ~ am ~ ., x~,J; ---y i~ i• ~tl G~6~COa ~AIC _I ~' 1=~ i ~~ F JER6EY ~ < ~ ~ -- - y~ -l1Gl I I _ _ .~ W ~ _ ~ ~ ~ ~ I~T ~ TK ~ I ~ I I ~ 6TH 1 I 1 ~ ~-~ ~¢ 1 !`~ =' a ® S nchronized Intersection Y i~ .. _~: -r ~~ 14TH ti-~~ ~ z ° "I`""'°^~ CITY OF RANCHO CUCAMONGA <L~ 9 ~~. C 5 ~~ = VICINI'T'Y 1VIAP U > w 19)) , e 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 N. T.S. ,,.._- 1 I')' i' i:. Lomltd Dr ~r I ~..-. r.. . v ~ ~ I I i +' ~ i l la Ptesa Dr _ 1~ 1 !~ ~~.:, - I ~ im R'obPrds Stl L. i I I ~ I ~~_ . ~ i ~° (~ I i r-J =-AI4a Loma " ~ ~ i ~, I S Base Line Rd. ~ ~~ it ~ ° ~~ ~--> . ' . , .,~ a,;~A - ~ ~ ~ ml _ I may'.. ° µ>(~ ~ ~~. ~! Ieunwoo~ 66 t ~ a ~' '0 ~I ORW OOd St ~ . r ~f I .~dtY~'` ~ I .1 ~ ~ A S ~-. ~yx.~iG ~ ~'yJ ~ ~ acl f i wi E f ~~ I ~p ' St's ~ r °. I r ~ :~_, 3 ~ ~ ~ J~- ~,~ I ;, to `i~ 5. -s; I ~ ~. la ~>m~,~,~ ,_ , ';~d ~ "~I j~. ~ ~ T~ •~'St ~ " ;oJ LJ, I~ ~ Pab Afto S ~ .:. ~ ~ ~. 1133 ~ I N f i;/~!i ¢~~ I'r Balsa St ~ [~ ~ m f `~' 4~ in ~~ -- J/ !~a~ f,, PM 16951 I I ~-; ... ~ ~ ; ;~ . . 1~ J - ~ Y ~~:(a r ' r I ~E 13 i ~ :;~ Ic~ I Ii ~ K ~{^ i~^ `+L h~ r- t h /{ ~ ~ ~ I IS I~ I. ~~ ~I ~V~i 1 U N~~1 sM ~ i I _Y_w St1tD i~r ~r. `~' ~y I i~ I I II. v,a ]`, ,fin a ~ : ~ ~ ~ I. ~ ~[u _ ~ ~,"~~ lu, :-~ ~K i ~ k~ `t ~-.~J ~ ~n ~[~o ~ 1 '~' ~ I 110 I. f ~ to .~I S ~( .. I -~L_ _ ry IY ~ x~~ nsd t x I ly I° I .. ail ~ ~ it < s. 3 rY yl . ~ i..~ 1 MI .~'~ ~ I I~ - - I~ ~ r, ~n~Rn st _. J ~~_ ~ i lI I" ~ ~ ~L .,, is ~ ' .a7C .1°n ~., ~ =i -- H~fock Si J i I f I I ~' ,`n m I ;~ dY Clr ~!~ N I i I _ ,_Blrrh St~ ~MdJzsC~Dr '. ~ i I ! ~ ' ~~ I i ~ ?- ~'~_ _ r\ `~ ~`~r .Chianti Ct I: iI I. Pzrsrmmon Aie~I,pmence Dr I ~~ ~ < I.,> !; 1 I,v , I~ ,_ ~; Ilm J- I 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 P248 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 P249 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 P251 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 P252 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. P253 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". P254 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. P255 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) P256 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. P257 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. P258 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. P259 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. P260 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) P261 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 P262 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 P263 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 P264 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. P265 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. P266 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, P267 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. P268 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. P269 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 P271 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. P275 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. ~~ U ^ ~ O U 0 W .U ~ ~ ~ ~ ~~~ Q ~ o ~ ~ ~ o ~ U rn 0 0 N O N (B n~ 5W G ^~ W 0 m .. m ~ o m c c m o0 c ~ ~ c N ` ~ O O p O J C ~ ~` C U ~ U N m ~ ~ p m a d U g U o I- c c N ~ (0 .-.~ N (6 .-~ ~ ~ ~ N J f6 N f6 cq C7 p U ~ ii U c a i U ~ ~ • . o O ~ N O L •p U o c ^^ L L O ~ ~ ~ . 'y a ~? to , ~, p ~ <n w r i~ N ~ N U_ ~ ~ ~ O N p c ~ W •N a~ N fU Ur = m c E .cc m ~ ~ "') .. 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G V z O ~ W ~ O O s ~ ~ ~ ~ ~ O ; fl ~ ~ ~ ~ , . Q Q O Q O ~ N M 1~~ ~~--~ /1 ~--~ Z O 0 N (n I ca O Ci ~ ~ c vi O L a~ c a c~ w o ~ U ~ ~ Z ~ O ~ ~ C ~ O ~ 'v~ C N N ~ C ~ ~ o ~ ~ o `~ c c c ~ 0 U O ~ W c .~ ~ O '~ ~ Z O O ~ U o 0 L ° o N N ~ v ~ ~ O N O Q- ~ ~ ~ Z a U O ~ ~ o ~ CV I N N c ~ D ~ 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 Norzs• 1 e4 DRKNSIDNS TD e[ v[RR6D w !LLD i .._..._._._ __.___.__-____..__.__ .....__ __._~_.._ _._. _ .. .._ . :. .. _ . . 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Min xco[aTwc ew rscalb um ur. ~~ ~ -arae~RRa D[i•Ln +se u.[•R r+~ Rciu«c w[u mt •n•crrcDtir~r-•~-~4, ... , - TU 6. ~/~~/-DCTLLS. )I LNC•R r~CCT~~ \ .- ~ .. J.. . _ . ' ~ rRMOSCD 3' wIU err•[erG w•LL- 13' RCGSIOn [RISiML •.' Ou -.L [ ur. alt I.OK[ (GnU R[T•wrlG w•u R[ •tt•LnCD ~~ n mi \ ~ iR/~ OCTLLf. IYrfn •~ IILn NON-RCTIXnG e' (j `•. / rRCGS~di Gnu. •00VC. G' M TOl•L npGlT. dt ~-~ A \D^lML•R RCT^ /~ I Orgy[4 ~rllL .a'[ - _ - ... ...- ...._./ ~ ~.~!~~ - SrC[L SurrORTS rG[ G•T[ " -~ ~ eusmc a mGr cn.u w•u emtt0 ro n•srer r ~ r ; ,W .~ .., ~..[ ~ wiry' ~ _ .~-_/ :R~Gy~ ~ ~"'M:.+[:' M ~'yh. / , ~. I Dc .nD 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 .. tnsc..oc..,~ ..o. . ' my ioe eo.: aeo. cede .::,~::,, , ° ,~e;o~.,,.,oF=a.~.o°.:°,:.,.~... u e.m:...a, cm..6,.,~W u•• on.. er: ~ ' 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•~ tttttttStttt tot Ft'Ft tF#tCtFtt;t Fttt ttt F6F F6Ct ttttt Ft ttt t6t A.Fttt Ftt tY6'Fi#t Ft aC6ttF tt tttt Ftt ktFFt6FtFt tFittt FtttFCtttS Fttt ttt LtttttFF 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: -5- 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 -3- P297 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 _o_ P298 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, -10- P299 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 -11- P30O 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 -I2- P301 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 -I3- P302 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 . -I4- P303 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 -i5- P304 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. -16- P305 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 -17 - P306 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 -IB- P3O7 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, -iS- 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. -?0- P309 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: -2I- P310 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_ P311 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. -^3- 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 e... NOTARY PUBLIC -25- ~ . ` qi' r, ~~~ J GLENN A. BROWN, JR. WA$$ERMAN COMDEN & CnsSELMniv L L P R'nCNA RD A. BROW NBT EIN . . . F DwnD B. cwne ELMAN LGONARO J. COMDEN 5567 RCBEDA BOYL[VARD GTN[RIN[ B. DARCIA ' ~ BUIT[ 390 DwNifil L. LEWIf NORMAN L. REARL ~ roDT OFFICE BOS 7D3] cuvvonD M, PBA RBDN TAA2:ANA (1,05 ANGELE6) CALIPOatPrA 97357 7033 JAT N. ROb EN WA LO , . REBECCA J. 9CMR06R 1618)705.6600 (3231872.0893 OARY p. BOTER . ROGER L. BTANARO CA% (fi I6) BB6-6266 BTEV[ N. WAi66RMAM CECILIA 8. WU iA% (6I6) 3lS-0162 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 wt Ana[u{ uANDN Dw¢u BDI {OYTM OARILLLD AV tNY[ lYli[ IDD ALNAMBNI. FJLIIONNIA B 1 BOI 18281 ]OB'DBB2 FA% 18181 3DB•D33R ]S]O WILBMIN( aDVL[VI1xD •YIT[ 1600 LO{ Ax6[Ltf, ULIFOBNIA 90010•Z.IBD 121 ]1 ]BB-2TQ FA%(2I]1 ]B6~DD IB OI CO VNa[L BT EFN CN O. ADLER EOW ARD A. OE BUYS MARK 8. OOTTLIEB CNRI6TOPNER N. LEE DAVID FOLI Ni KY .LBO ADxIrTCD ~WAlNINOTON W RIT[R'[ DIR[CT CONTACT YJACK{On~WCCLAW.LOM 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. ~~~~~~~ Iti ..,~ ~.~- .. .GW ~~ P315 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) .. .-., ~,,, c P316 .~~'r.~ '• • ~ . 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