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HomeMy WebLinkAbout2015/04/01 - Agenda Packet jo city of L ±- CAAAON 10500 Civic Center Drive 4 Rancho Cucamonga, CA 91730-3801 City Office: (909)477-2700 AGENDAS FIRE PROTECTION DISTRICT BOARD SUCCESSOR AGENCY PUBLIC FINANCING AUTHORITY CITY COUNCIL WEDNESDAY, APRIL 192015 REGULAR MEETINGS 1st and 3rd Wednesdays 7:00 P.M. ORDER OF BUSINESS CLOSED SESSION Tapia Conference Room 5:00 P.M. Call to Order Public Communications City Manager Announcements Conduct of Closed Session REGULAR MEETINGS Council Chambers 7:00 P.M. MEMBERS MAYOR L. Dennis Michael MAYOR PRO TEM Sam Spagnolo COUNCIL MEMBERS William Alexander Lynne B. Kennedy Diane Williams + _� � 48*. CITY MANAGER John R. Gillison CITY ATTORNEY James L. Markman jllr; rf! 1 h CITY CLERK Janice C. Reynolds 4,, ‘ CITY TREASURER James C. Frost FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, y.. PUBLIC FINANCING AUTHORITY AND •'• 'J CITY COUNCIL AGENDA • w• APRIL 1 , 2015 AGENDA ADDENDUM H. ANNOUNCEMENTS/PRESENTATIONS H4. Presentation by Assemblyman Marc Steinorth to the California Foothills Preservation Alliance (CFPA) in recognition of their efforts in preserving the Cucamonga Canyon. CERTIFICATION I, Linda Daniels, Assistant City Manager of the City of Rancho Cucamonga, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda addendum was posted on March 29, 2015, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California. j_61.4t.e_f_S Lin Daniels Assistant City Manager City of Rancho Cucamonga i. ,1 • INFORMATION FOR THE PUBLIC • -IiA CfiO(AJCAMONGA TO ADDRESS THE FIRE BOARD,SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL The Fire Board, Successor Agency, Public Financing Authority and City Council encourage free expression of all points of view. To allow all persons to speak, given the length of the Agenda,please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others,the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Fire Board,Successor Agency, Public Financing Authority and City Council by filling out a speaker card and submitting it to the City Clerk. The speaker cards are located on the wall at the back of the Chambers, at the front desk behind the staff table and at the City Clerk's desk. If as part of your presentation, you would like to display visual material, please see the City Clerk before the meeting commences. Any handouts for the Fire Board, Successor Agency, Public Financing Authority or City Council should be given to the City Clerk for distribution. During"Public Communications,"your name will be called to speak on any item listed or not listed on the agenda in the order in which it was received. The "Public Communications" period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other"Public Communications"which have not concluded during this one-hour period may resume after the regular business portion of the agenda has been completed.Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. If you are present to speak on an"Advertised Public Hearing"or on an"Administrative Hearing"Item(s),your name will be called when that item is being discussed, in the order in which it was received. Comments are to be limited to five minutes per individual or less,as deemed necessary by the Chair,depending upon the number of individuals desiring to speak. AGENDA BACK-UP MATERIALS Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter, the City's Public Library(-ies) and on the City's website. A complete copy of the agenda is also available at the desk located behind the staff table during the Council meeting. LIVE BROADCAST Fire Board, Successor Agency, Public Financing Authority and City Council meetings are broadcast live on Channel 3 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 11:00 a.m. and 7:00 p.m. The City has added the option for customers without cable access to view the meetings"on-demand"from their computers. The added feature of"Streaming Video On Demand"is available on the City's website at www.cityofrc.us/cityhall/council/videos.asp for those with Hi-bandwidth (DSL/Cable Modem) or Low-bandwidth (Dial-up) Internet service. The Fire Board,Successor Agency,Public Financing Authority and City Council meet regularly on the first and third Wednesday of the month at 7:00 p.m.in the Council Chambers located at 10500 Civic Center Drive. Members of the City Council also sit as the Fire Board,Successor Agency,Public Financing Authority and City Council. Copies of the agendas and minutes can be found @ www.citvofrc.us If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Please turn off all cellular phones and pagers while the meeting is in session. FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, ,.�; PUBLIC FINANCING AUTHORITY AND 1 I • of CITY COUNCIL AGENDA -. ,tiC,O«C,MO ,A APRIL 1 , 2015 5:00 P.M. - CLOSED SESSION CALL TO ORDER - TAPIA CONFERENCE ROOM Al. Roll Call: Mayor Michael Mayor Pro Tern Spagnolo Council Members Alexander, Kennedy and Williams CLOSED SESSION CALLED TO ORDER AS THE HOUSING SUCCESSOR AGENCY AND CITY COUNCIL. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) I C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) D. CITY MANAGER ANNOUNCEMENTS (NO DISCUSSION OR ACTION WILL OCCUR) E. CONDUCT OF CLOSED SESSION - TAPIA CONFERENCE ROOM I El. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE EXECUTIVE MANAGEMENT EMPLOYEES. — CITY E2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 12949 WHITTRAM AVENUE (SOUTHEAST CORNER OF WHITTRAM AVENUE AND ETIWANDA AVENUE); NEGOTIATING PARTIES MARK STEUER, CITY ENGINEER AND LEN SANTORO, CBRE AND ORANGE TREE REALTY; REGARDING PRICE AND TERMS. — CITY E3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 10126 DORSET; NEGOTIATING PARTIES JEFF BLOOM, DEPUTY CITY MANAGER AND SAN BERNARDINO COUNTY TAX COLLECTOR; REGARDING PRICE AND TERMS. — CITY, HOUSING SUCCESSOR AGENCY E5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF BASE LINE ROAD AND WEST OF DAY CREEK BOULEVARD (APN 1089-031-12); NEGOTIATING PARTIES LINDA DANIELS, ASSISTANT CITY MANAGER AND KEVIN BLAKESLEE, DEPUTY DIRECTOR, SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT; REGARDING PRICE AND TERMS. — CITY FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND 2 JCITY COUNCIL AGENDA Lekailf 0«CMON.A APRIL 1 , 2015 . . RECESS I CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS THE REGULAR MEETINGS OF THE FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY, SUCCESSOR AGENCY AND CITY COUNCIL WILL BE CALLED TO ORDER. IT IS THE INTENT TO CONCLUDE THE MEETINGS BY 10:00 P.M., UNLESS EXTENDED BY CONCURRENCE OF THE FIRE BOARD, AUTHORITY BOARD AND COUNCIL. G1. Pledge of Allegiance G2. Roll Call: Mayor Michael Mayor Pro Tern Spagnolo Council Members Alexander, Kennedy and Williams IH. ANNOUNCEMENTS/PRESENTATIONS I H1. Presentation of a proclamation to Donate for Life California declaring April as the DMV/Donate Life California Month encouraging anyone renewing their driver's license or I.D. card to become a donor. H2. Update on Special Olympics World Games 2015 Host Town Efforts. H3. Introduction of New K9. I. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Fire Protection District, Public Financing Authority Board, Successor Agency and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Public Financing Authority Board, Successor Agency and City Council from addressing any issue not previously included on the Agenda. The Fire Board, Public Financing Authority Board, Successor Agency and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor,depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Authority Board, Successor Agency or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. FIRE PROTECTION DISTRICT,O SUCCESSOR AGENCY a .., s PUBLIC FINANCING AUTHORITY AND 3 JCITY COUNCIL AGENDA -(1-FR 1,O C CAMONGA APRIL 1 , 2015 The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board/Successor Agency/Authority Board/Council at one time without discussion. Any item may be removed by a Fire Board/Successor Agency/Authority Board/Council Member for discussion. J. CONSENT CALENDAR — FIRE PROTECTION DISTRICT J1. Consideration to approve Minutes of: March 18, 2015 (Regular Meeting) J2. Consideration to approve Check Register dated March 11, 2015 through March 24, 2015 for the total of$648,604.76. J3. Consideration to accept the Vehicle Exhaust Removal System Replacement at Various Fire 13 District Facilities, Contract No. FD13-007, as complete, release the Bonds, accept a Maintenance Bond, authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $375,706.87. RESOLUTION NO. FD 15-002 15 A RESOLUTION OF THE FIRE BOARD OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE VEHICLE EXHAUST REMOVAL SYSTEM REPLACEMENT AT VARIOUS FIRE DISTRICT FACILITIES, CONTRACT NO. FD13-007, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK K. CONSENT CALENDAR — SUCCESSOR AGENCY K1. Consideration to approve Minutes of: March 18, 2015 (Regular Meeting) L. CONSENT CALENDAR — PUBLIC FINANCING AUTHORITY L1. Consideration to approve Minutes of: March 18, 2015 (Regular Meeting) M. CONSENT CALENDAR — CITY COUNCIL J M1. Consideration to approve Minutes of: March 18, 2015 (Special Meeting) and March 18, 2015 (Regular Meeting). 4 FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, 4:' , PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA 0 CZCAMONIGA APRIL 1 , 2015 M2. Consideration to approve Check Register dated March 11, 2015 through March 24,2015 and 16 payroll ending March 24, 2015 for the total of $3,078,834.95. M3. Consideration to accept the bids received, award and authorize the execution of a contract 28 in the amount of $25,280.80 for the "LMD-5 Fence Replacement Project" to the lowest responsive bidder, Econo Fence, Inc. of Riverside, and authorize the expenditure of a contingency in the amount of $2,528.08 to be funded from Account 1135303-5300 (LMD-5). M4. Consideration to accept the bids received and award and authorize the execution of the 30 contract in the amount of $111,772.20, to the lowest responsive bidder, KASA Construction, Inc., and authorize the expenditure of a 10% contingency in the amount of $11,177.22, for the Etiwanda Creek Park Sidewalk improvement Project to be funded from Park Development Funds, Account No. 1120305-5650/1861120-0. M5. Consideration to approve a Drainage Reimbursement Agreement, DRA-43, for a local 32 drainage facility constructed in conjunction with the development of Tract 17651 located on the south side of Banyan Street east of East Avenue, submitted by K. Hovnanian Homes. RESOLUTION NO. 15-045 34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A LOCAL DRAINAGE FACILITY REIMBURSEMENT AGREEMENT FOR LINE A, SOUTH OF TRACT 17651, BETWEEN ETIWANDA AVENUE STORM DRAIN SYSTEM LINE 2-1 AND GYPSUM DRIVE, DRA-43 M6. Consideration to accept the 19th Street Traffic Signal Controller Replacement and Traffic 35 Signal Modifications at Various Locations Project, Contract No. 13-117, as complete, release the Bonds, accept a Maintenance Bond, authorize the City Engineer to file a Notice of Completion and approve the final contract amount of$503,547.19. RESOLUTION NO. 15-046 38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE 19TH STREET TRAFFIC SIGNAL CONTROLLER REPLACEMENT AND TRAFFIC SIGNAL MODIFICATIONS AT VARIOUS LOCATIONS PROJECT, CONTRACT NO. 13-117, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK M7. Consideration to authorize the Mayor to execute the San Bernardino County Municipal 39 Separate Storm Sewer System (MS4) — National Pollution Discharge Elimination System (NPDES) Permit Renewal Participation and Joint Defense Agreement on behalf of the City of Rancho Cucamonga. M8. Consideration to schedule a public hearing for placement of special assessments/liens for 51 delinquent refuse accounts. M9. Consideration to approve a Real Estate Purchase Agreement and Commercial Lease 52 Agreement with Gene De Biase, Anthony Cortese, and Lorinda Cortese for the purchase of real property generally located at 12949 Whittram Avenue (southeast corner of Whittram Avenue and Etiwanda Avenue; APN 0229-162-14) and the appropriation of $1,280,000 from Fund 198 to Account No. 11983035650/1076198-0. FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND 5 r` 4. '.J CITY COUNCIL AGENDA a.ciekuCf1O(J AMOJ A APRIL 1 , 2015 DVERTISED 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 Draft Preliminary Priority Needs Assessment for the 2015-2019 75 Consolidated Plan and preliminary annual funding recommendations for the 2015-2016 Annual Action Plan for the Community Development Block Grant (CDBG) Program. 0. CITY MANAGER'S STAFF REPORTS CITY COUNCIL The following items have no legal publication or posting requirements. 01. Consideration to reject all the bids received for the Red Hill Park Lake Modernization Project 84 as non-responsive. 02. Consideration of approval of a Resolution adopting a Boundary Map of the Territory proposed 86 for inclusion in proposed west-side Neighborhood Parks and Street Lighting Community Facilities District No. 1. RESOLUTION NO. 15-047 89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR INCLUSION IN PROPOSED WEST-SIDE NEIGHBORHOOD PARKS AND STREET LIGHTING COMMUNITY FACILITIES DISTRICT NO. 1 OF THE CITY OF RANCHO CUCAMONGA P. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. P1. INTER-AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) P2. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND 6 • • ~,�: CITY COUNCIL AGENDA • v OKUA,ONLA APRIL 1 , 2015 R. ADJOURNMENT CERTIFICATION I,Marie Macias,MMC,Interim City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on March 26,2015,seventy-two(72)hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California, and on the City's website. Marie Macias, MMC Interim City Clerk Services Director City of Rancho Cucamonga March 18, 2015 CITY OF RANCHO CUCAMONGA CITY COUNCIL SPECIAL MEETING MINUTES I A. CALL TO ORDER I A special meeting of the Rancho Cucamonga City Council was held on Wednesday, March 18, 2015, in the Tri-Communities Room at City Hall located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor L. Dennis Michael called the meeting to order at 3:30 p.m. Present were Councilmembers: Bill Alexander, Lynne Kennedy, Diane Williams, Mayor Pro Tern Sam Spagnolo and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Linda Daniels, Assistant City Manager; Jeff Bloom, Deputy City Manager/Community and Economic Development; Flavio Nunez, Planning Management Analyst I; and Marie Macias, Interim City Clerk Services Director. I B. PUBLIC COMMUNICATIONS No communication was made from the public. C. ITEM(S) OF BUSINESS I Cl. Approval of an Update to the City's Economic Development Strategic Plan John Gillison, City Manager, provided a history of the City's Economic Development Strategic Plan, noting that the previous plan had been completed more than ten years ago, prior to the expiration of Redevelopment. He mentioned that in the process of updating the plan, staff had revisited the position of the City today, in order to allow for staff to target those areas where the City could best compete. He advised that by reviewing the plan, City staff could begin to build an Economic Development Team and Economic Development Division around the plan. He mentioned that the approach would depend on the plan, which is the structure and foundation of the City's Economic Development efforts. He introduced Jeff Bloom, Deputy City Manager/Community and Economic Development, and Flavio Nunez, Planning Management Analyst I. Jeff Bloom, Deputy City Manager/Community and Economic Development advised that the initial Economic Development Strategic Plan had been completed in 1996, noting that conditions of the City then were vastly different from today. He stated that the plan had been updated in 2003, with the development of Victoria Gardens. He noted that the focus of most economic development plans in the early 2000's was retail. However, internet sales have now changed the environment. He discussed the industrial sector and noted that with most of the industrial sector being built out, this had dramatically changed the opportunities in the City. He advised that when staff set out to complete the update to the plan, the Consultant, Strategic Economics, Inc. had focused on community outreach. He shared the various efforts to provide community outreach. Flavio Nunez, Planning Management Analyst I, provided an overview of the background and discussed the framework of the Economic Development Strategic Plan, which involved three phases. * DRAFT * March 18, 2015 I City Council Special Meeting Minutes City of Rancho Cucamonga I Page 1 of 3 He advised that Phase I had included interviews with key stakeholders, industry analysis, and real estate market analysis. He stated that Phase 2 had included identification of the sub-areas of economic importance and assessment of the local work force. He mentioned that Phase 3 was built on the findings of the background report to create Economic Development strategies consistent with Team RC, Healthy RC and Ready RC. He discussed the key findings, as well as target industries, including healthcare and social assistance; transportation, warehousing and wholesale trade; retail, accommodations and food service; manufacturing; professional, scientific and technical services. He introduced Sujata Srivastava, Principal, Strategic Economics, Inc. Ms. Srivastava discussed the priority areas and strategies, which included office development; retail development/revitalization; business support/outreach; industrial retention and development; hospitality; workforce development; and marketing/communications. Jeff Bloom, Deputy City Manager/Community and Economic Development reminded the Council that Rancho Cucamonga is not distinguished from the remainder of the County, and that there is a need to focus on how to demonstrate that Rancho Cucamonga is different than other cities in San Bernardino County. This led to discussion regarding efforts to implement some of the strategies discussed. Council Member Alexander inquired on the effect that additional multi-family apartments would have on the City's quality of life and education. He expressed concerns with traffic, the western corridor, incentives, the status of the Ontario (LAX) Airport, and stated that he did not understand Generation nt.If Council Member Kennedy was pleased with the alignment of the Strategic Plan with the City's programs and initiatives, that it was an asset based development plan, not deficit in terms of land use and real estate, and that it was a strong, proactive approach in terms of being visionary and attracting a multi-generational type of community. Council Member Kennedy inquired and Mr. Nunez responded that there was a good mix of stake holders on the Advisory Committee, including representation from the real estate market segment. Jeff Bloom, Deputy City Manager/Community and Economic Development mentioned that this was not geographic based, but economic based. He stated that staff participated in various workshops and activities to ensure widespread community involvement. He mentioned that Sujata had created some geographical study areas that allowed staff to test and study similar conditions for the segments on Foothill. Council Member Kennedy asked and John Gillison, City Manager, replied that the prior week a group of individuals from various departments had taken a trip to Playa Vista, and highlighted details from the trip. He mentioned that this was not the first trip of this type, to look at model cities that Rancho Cucamonga could replicate in an effort to make Rancho Cucamonga the best that it can be. Council Member Kennedy further inquired and Mr. Gillison advised that upon finalization of the planning stage, then staff would move forward to work with the universities. He added that this had been done in the past, and that the plan would allow staff to enhance these partnerships. He stated that having colleges and universities in close proximity was a plus to the City. Council Member Williams was excited about the plan and for the City to be on an "up." She inquired if this would be the right time to go back to developers who had expressed an interest in the City in * DRAFT * March 18, 2015 I City Council Special Meeting Minutes City of Rancho Cucamonga I Page 2 of 3 the past. She stressed the need to focus on "hospitality" noting that the City cannot continue to always have visitors stay at the Double Tree Hotel. She stressed the need for a full service hotel in Rancho Cucamonga. John Gillison, City Manager, agreed with Council Member Williams with respect to the need for a hotel in the City. He stated that he would like to see additions to the hotel service sector that would include boutique, full service, or a combination of both to fill in the gaps. He stated that the biggest challenge for staff, the City Council, and the community in the next four to eight years would be how selective the City could be with respect to new projects and developments coming into the City. Mayor Pro Tem Spagnolo announced that the City was up for the challenge. He stated that the airport was a big issue, but with everyone working collaboratively, it would probably move in the right direction. He acknowledged the need for a full service hotel in the City, as well as traffic problems, but noted that the City was moving in the right direction. He commended staff on a well prepared report. Mayor Michael advised that the greatest priority at this time was to wait for the highest and best use for the key areas in the community. He advised staff to wait and capture the kind of market that would be able to sustain the City in the future. He discussed walkable environments, millennial needs, as well as future plans for the Montclair Plaza. He noted that Rancho Cucamonga needs to stay ahead of those plans. He thanked staff for their hard work in bringing the Plan to fruition. Motion by Council Member Williams, seconded by Mayor Pro Tem Spagnolo, approving the Economic Development Strategic Plan Update. Motion carried 5-0. I D. ADJOURNMENT The meeting adjourned at 5:08 p.m. Respectfully submitted, Marie Macias, MMC Interim City Clerk Services Director Approved: **"******* * DRAFT * March 18, 2015 I City Council Special Meeting Minutes City of Rancho Cucamonga I Page 3 of 3 March 18, 2015 CITY OF RANCHO CUCAMONGA CLOSED SESSION, FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES IA. CALL TO ORDER I The Rancho Cucamonga City Council held a regular closed session on Wednesday, March 18, 2015 in the Tapia Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:15 p.m. by Mayor L. Dennis Michael. Present were Council Members: Bill Alexander, Lynne Kennedy, Diane Williams, Mayor Pro Tern Sam Spagnolo and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; City Attorney Jim Markman; Linda Daniels, Assistant City Manager; Lori Sassoon, Deputy City Manager/Administrative Services and Jeff Bloom, Deputy City Manager/Economic and Community Development. 11 B. ANNOUNCEMENT OF CLOSED SESSION ITEMS I The following closed session items were considered: E1. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR, PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE EXECUTIVE MANAGEMENT EMPLOYEES. — CITY E2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 12949 WHITTRAM AVENUE (SOUTHEAST CORNER OF WHITTRAM AVENUE AND ETIWANDA AVENUE); NEGOTIATING PARTIES MARK STEUER, CITY ENGINEER AND LEN SANTORO, CBRE AND ORANGE TREE REALTY; REGARDING PRICE AND TERMS. — CITY E3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 10126 DORSET; NEGOTIATING PARTIES JEFF BLOOM, DEPUTY CITY MANAGER AND SAN BERNARDINO COUNTY TAX COLLECTOR; REGARDING PRICE AND TERMS. — CITY, HOUSING SUCCESSOR AGENCY E4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 12467 BASE LINE ROAD; NEGOTIATING PARTIES LINDA DANIELS, ASSISTANT CITY MANAGER AND J. FILIPPI VINTAGE COMPANY; REGARDING PRICE AND TERMS. — CITY * DRAFT * March 18, 20151 Closed Session, Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga 1 Page 1 of 10 E5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF BASE LINE ROAD AND WEST OF DAY CREEK BOULEVARD (APN 1089-031-12); NEGOTIATING PARTIES LINDA DANIELS, ASSISTANT CITY MANAGER AND KEVIN BLAKESLEE, DEPUTY DIRECTOR, SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT; REGARDING PRICE AND TERMS. — CITY IC. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) I No public communications were made. D. CITY MANAGER ANNOUNCEMENTS I No discussion or action was taken. IF. RECESS I CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. The closed session recessed at 6:40 p.m. with no action taken. G. REGULAR MEETING CALL TO ORDER — 7:00 P.M. COUNCIL CHAMBER The meetings of the Rancho Cucamonga Fire Protection District, Successor Agency, Public Financing Authority and City Council reconvened in the City Council Chamber at the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor L. Dennis Michael called the meeting to order at 7:00 p.m. Present were Council Members: Bill Alexander, Lynne Kennedy, Diane Williams, Mayor Pro Tern Sam Spagnolo and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Linda Daniels, Assistant City Manager; Jim Markman, City Attorney; Marie Macias, Interim City Clerk Services Director and Adrian Garcia, Assistant City Clerk. IH. ANNOUNCEMENTS/PRESENTATIONS I Mayor Michael introduced Mr. Paul Granillo, President and CEO of the Inland Empire Economic Partnership (IEEP). Mr. Granillo spoke about IEEP and the "Red Tape to Red * DRAFT * March 18, 2015 1 Closed Session, Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga 1 Page 2 of 10 Carpet" awards. He announced that the City of Rancho Cucamonga had won two awards this year. H1. Presentation of The Inland Empire Economic Partnership "Red Tape to Red Carpet" Award, recognizing the Library for its cooperation and collaboration with cities and counties, for its training and capacity building Programs. Mr. Granillo presented Renee Tobin, Library Services Manager, with the "Tale of Two Cities" award, recognizing the Library for its collaboration with other agencies for its training and capacity building programs. Ms. Tobin spoke about their Staff Innovation Fund, noting that the State had liked the program so well, that they had extended it throughout the State, and that Library Director Michelle Perera would be overseeing the program statewide. The Mayor and Council Members congratulated Library Staff on the success of their program. H2. Presentation of The Inland Empire Economic Partnership "Red Tape to Red Carpet" Award, recognizing "Accelerate" as a Sustainable and Green Development E- Government Service. The following Staff members were present to receive the award: • Jennifer Nakamura, Associate Planner, Planning Department, and AccelalAccelerate Team Project Manager • Sid Siphomsay, Information Services Analyst II, Administrative Services Department, IS Division • Shelly Munson, Information Services Analyst I, Administrative Services Department, IS Division • Jose Ramirez, Information Services Specialist I, Administrative Services Department, IS Division • Rafael Balneg, GISP, Senior GIS Analyst I, Administrative Services Department, GIS Division Mr. Granillo presented the group with the award, recognizing "Accelerate" as a Sustainable and Green Development E-Government Service. Ms. Nakamura spoke about the program and its capabilities. The Mayor and Council Members congratulated the team on their success with "Accelerate." I. PUBLIC COMMUNICATIONS 11. Janet Walton offered a prayer for the community and the City Council. 12. John Lyons mentioned that his dog had been picked up by animal control and spoke highly about the service he and his dog had received at the Rancho Cucamonga Animal Shelter. He also spoke about the golf course on 4th Street and the upcoming Nascar Race this weekend. He encouraged everyone to attend the event, noting that this was a big event for the City, as it brings a lot of visitors to the City. * DRAFT * March 18, 2015 I Closed Session, Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 3 of 10 13. Deputy Jason Whitsell, Rancho Cucamonga Police Department, announced that a community meeting was scheduled for Tuesday, March 24th at 6:00 p.m. in the Etiwanda Room at Central Park. He noted that the focus of the meeting was to discuss the issue of homelessness in the City. He mentioned that flyers were available in the foyer for those interested in attending. 14. Dr. William Martin stated that he was the area coordinator for the 64th Annual National Day of Prayer, scheduled to take place on May 7th at the Victoria Gardens Cultural Center, from 2:00 to 4:00 p.m. He provided background information on the event and discussed the need for prayer world-wide. He encouraged everyone to attend the event. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board/Successor Agency/Authority Board/Council at one time without discussion. Any item may be removed by a Fire Board/Successor Agency/Authority Board/Council Member for discussion. J. CONSENT CALENDAR — FIRE PROTECTION DISTRICT J1. Consideration to approve Minutes of:March 4, 2015 (Regular Meeting) J2. Consideration to approve Check Register dated February 25, 2015 through March 10, 2015 for the total of $305,617.30. J3. Consideration to receive and file current Investment Schedule as of February 28, 2015. J4. Consideration to approve and accept sixty-one (61) Self-Contained Breathing Apparatus (SCBAs) and associated equipment from the 2013 assistance to Firefighters Grant Regional application award through the City of Ontario Fire Department. Approval to fund the ten percent (10%) contribution match for SCBAs and equipment for a Total of $50,552.72, with Fire District Reserves and to appropriate $50,560.00 into Account No. 3288501-5200. J5. Consideration to approve and authorize an increase to Professional Services Agreement (PSA) #FD12-017 in the amount of $30,000.00 to Inland Empire Property Services, Inc. and approve Amendment No. 03 for the performance of weed and fire hazard abatement services, funded from Account No. 3281506-5300 and approve an appropriation in the amount of $30,000.00 from District Capital Reserves to Account No. 3281506-5300. MOTION: Moved by Mayor Pro Tern Spagnolo, seconded by Council Member Alexander, to approve the staff recommendations in the staff reports for Consent Calendar Items J1 —J5. Motion carried 5-0. II K. CONSENT CALENDAR — SUCCESSOR AGENCY I * DRAFT * March 18, 2015 I Closed Session, Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 4 of 10 K1. Consideration to approve Minutes of: March 4, 2015 (Regular Meeting) MOTION: Moved by Council Member Williams, seconded by Council Member Kennedy, to approve the Minutes of March 4, 2015. Motion carried 5-0. L. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY L1. Consideration to approve Minutes of: March 4, 2015 (Regular Meeting) MOTION: Moved by Council Member Williams, seconded by Council Member Kennedy, to approve the Minutes of March 4, 2015. Motion carried 5-0. M. CONSENT CALENDAR - CITY COUNCIL I Ml. Consideration to approve Minutes of: March 4, 2015 (Regular Meeting) M2. Consideration to approve Check Register dated February 25, 2015 through March 10, 2015 and payroll ending March 10, 2015 for the total of $5,369,198.98. M3. Consideration to receive and file current Investment Schedule as of February 28, 2015. M4. Consideration of the request to appropriate funds in the amount of$10,555, plus a 10% contingency in the amount of $1,055, for labor compliance services to be conducted by Labor Compliance Providers, Inc. for Southwest Cucamonga Park, to be funded by a Proposition 84 grant, into revenue account 1235000-4740 (Grant Income) and expenditure account 1235305-5300/1754235-0 (Contract Services). M5. Consideration to approve Plans and Specifications for the "Illuminated Street Name Sign Replacement - FY 14/15" project and authorize the City Clerk to advertise the "Notice Inviting Bids", to be funded from Account No. 1170303-5650/1693170-0 (Gas Tax) as approved in the FY 2014/2015 budget. RESOLUTION NO. 15-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING SPECIFICATIONS FOR THE TRAFFIC SIGNALS AND SAFETY LIGHTING MAINTENANCE CONTRACT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS M6. Consideration to approve specifications for the "Traffic Signals and Safety Lighting Maintenance" Contract and authorize the City Clerk to advertise the "Notice Inviting Bids," to be funded from Account No. 1177303-5300 (Measure I) and various Special District accounts as approved in the FY 2014/2015 budget. * DRAFT * March 18, 2015 I Closed Session, Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 5 of 10 RESOLUTION NO. 15-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING SPECIFICATIONS FOR THE TRAFFIC SIGNALS AND SAFETY LIGHTING MAINTENANCE CONTRACT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS M7. Consideration to accept the bids received and award and authorize the execution of the contract in the amount of $575,911.25, to the lowest responsive bidder, R.J. Noble Company, and authorize the expenditure of a 10% contingency in the amount of $57,591.13, for the FY 2014/2015 Local Street Pavement Rehabilitation — Overlay of Various Streets Project to be funded from Gas Tax RT Funds, Account No. 1174303- 5650/1022174-0 and appropriate an additional amount of $200,000.00 to Account No. 1174303-5650/1022174-0 from Gas Tax RT7360 Fund balance. M8. Consideration to accept the bids received and award and authorize the execution of the contract in the amount of $373,625.00, to the lowest responsive bidder, Doug Martin Contracting Co., Inc., and authorize the expenditure of a 10% contingency in the amount of $37,362.50, for the FY 2014/2015 Local Street Pavement Rehabilitation — Slurry of Various Streets Project to be funded from Gas Tax RT 7360 and Prop 42 Funds, Account Nos. 1174303-5650/1022174-0 and 1190303-5650/1022190-0. M9. Consideration to accept the bids received and award and authorize the execution of the contract for the base bid only in the amount of $451,663.97, to the lowest responsive bidder, GA Technical Services and authorize the expenditure of a 10% contingency in the amount of $45,166.40, for the Haven Avenue Electric Distribution Line Extension Project to be funded from Utility Funds, Account No. 1705303-5650/1883705-0. M10. Consideration to approve a final map and order the annexation to Landscape Maintenance District 7 and Street Lighting Maintenance Districts 1 and 7 for Tract Map 16226-2, located north of Day Creek Boulevard and west of Etiwanda Avenue within Rancho Etiwanda Estates, submitted by BMC Rancho Etiwanda, LLC. RESOLUTION NO. 15-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16226-2 RESOLUTION NO. 15-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA) FOR TRACT NUMBER 16226-2 RESOLUTION NO. 15-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE * DRAFT * March 18, 2015 I Closed Session, Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 6 of 10 ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA) FOR TRACT NUMBER 16226-2 RESOLUTION NO. 15-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR TRACT NUMBER 16226-2 M11. Consideration to approve an appropriation in the amount of $55,000.00 to account 1705303-5209 for the approved Solar Carport Project at Rancho Cucamonga City Hall. M12. Consideration to approve an Improvement Agreement, Improvement Securities and ordering the annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. 1 and 6 for DRC2008-00356, located at the northeast corner of Foothill Boulevard and Klusman Avenue, submitted by Gavriel Sfaee. RESOLUTION NO. 15-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DRC2008-00356 RESOLUTION NO. 15-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL INDUSTRIAL MAINTENANCE DISTRICT) FOR DRC2008-00356 RESOLUTION NO. 15-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR DRC2008-00356 RESOLUTION NO. 15-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL) FOR DRC2008-00356 * DRAFT * March 18, 2015 I Closed Session, Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 7 of 10 M13. Consideration to approve a final map for Tract 19932, on the west side of Haven Avenue, north of 6th Street, located at 9220 Haven Avenue, submitted by Havenpointe, LLC. RESOLUTION NO. 15-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FINAL MAP FOR TRACT 19932 M14. Consideration of approval for an Improvement Agreement, Improvement Securities and ordering the annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. 1 and 6 for DRC2014-00127, located at the southwest corner of Buffalo Avenue and Mission Park Drive, submitted by CSF, Inc. RESOLUTION NO. 15-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DRC2014-00127 RESOLUTION NO. 15-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL INDUSTRIAL MAINTENANCE DISTRICT) FOR DRC2014-00127 RESOLUTION NO. 15-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR DRC2014-00127 RESOLUTION NO. 15-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAUINDUSTRIAL) FOR DRC2014-00127 M15. Consideration of approval of Improvement Agreement Extension for Tract 18741, located at the northwest corner of Wilson Avenue and Wardman Bullock Road, submitted by Pulte Group. * DRAFT * March 18, 2015 I Closed Session, Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 8 of 10 RESOLUTION NO. 15-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 18741 M16. Consideration of approval of a Reclassification in anticipation of a recruitment and a Resolution adopting an updated salary table that includes the position of Information Services Technician. RESOLUTION NO. 15-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN UPDATE TO THE RANCHO CUCAMONGA CITY EMPLOYEE ASSOCIATION SALARY SCHEDULE FOR FISCAL YEAR 2014-15 MOTION: Moved by Council Member Kennedy, seconded by Council Member Alexander, to approve the staff recommendations in the staff reports for Consent Calendar Items M1 through M16. Motion carried 5-0. N. CONSENT ORDINANCES 1 The following Ordinances have been introduced for first reading. Second readings are expected to be routine and non-controversial. The City Council will act upon them at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion by a Council Member. N1. Consideration of second reading of Ordinance No. 873 for the Environmental Assessment and Development Code Amendment DRC2014-00567 — Turner Real Estate Investments - A proposal to amend the Development Code to permit the construction of buildings in excess of 50,000 square feet on select parcels located within the Industrial Park (IP) Districts. Related files: Development Review DRC2014-00566 and Tree Removal Permit DRC2014-00845. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ORDINANCE NO. 873 (SECOND READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2014-00567, A REQUEST TO AMEND THE DEVELOPMENT CODE TO PERMIT THE CONSTRUCTION OF BUILDINGS IN EXCESS OF 50,000 SQUARE FEET WITHIN THE INDUSTRIAL PARK (IP) DISTRICT. MOTION: Moved by Council Member Williams, seconded by Council Member Kennedy, to adopt Ordinance No. 873 at second reading. Motion carried 5-0. O. CITY MANAGER'S STAFF REPORTS CITY COUNCIL The following items have no legal publication or posting requirements. * DRAFT * March 18, 2015 I Closed Session, Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 9 of 10 01. Consideration of the recommendation from the Park and Recreation Commission to name the park generally located near Ninth Street and Madrone Avenue "Los Amigos Park" and receive an update on the Park Project. Nettie Nielsen, Community Services Director provided an overview of the staff report. She introduced Park & Recreation Commissioner Jim Hansen, who spoke on behalf of the Commission, requesting the City Council consider their recommendation to name the park "Los Amigos Park." MOTION: Moved by Council Member Alexander, seconded by Council Member Williams, to approve the staff recommendation for Item 01. Motion carried (5-0). P. COUNCIL BUSINESS 01. INTER-AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) Council Member Williams provided an update regarding a LAFCO meeting she had attended earlier in the day. She informed that a hearing had taken place to discuss the combination of several small fire districts in the Crestline area into one large district. She said the Board had approved the recommendation. Council Member Alexander spoke about a Community Volunteers meeting that he had attended, and commended the Friends of the Library for their dedication to the community and their outstanding efforts to raise funds for the Library. Q2. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) • Mayor Pro Tern Spagnolo thanked the workers at Central Park who deal with the Senior Center and the Fire Association for staging the fundraiser at Toby Keith's on Sunday, in support of the Senior Center's Food Program. He also thanked all the sponsors who helped support the event. Mayor Michael echoed Mayor Pro Tern Spagnolo's comments and asked Fire Chief Costello to thank all the members of the Fire Association who had supported the fundraiser. Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING I No items were identified. R. ADJOURNMENT The meeting was adjourned at 7:36 p.m. Respectfully submitted, Marie Macias, MMC Interim City Clerk Services Director Approved: * * DRAFT * March 18, 2015 1Closed Session, Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga 1 Page 10 of 10 ---Th L _ j RANCHO CUCAMONGA CALIFORNIA Proclamation WHEREAS, the City of Rancho Cucamonga is committed to promoting and securing the health of all its citizens; and WHEREAS, organ, tissue, marrow and blood donation are life-giving acts recognized worldwide as expressions of compassion to those in need; and WHEREAS, more than 123,000 individuals nationwide and more than 21,000 in California are currently on the national organ transplant waiting list, and every 90 minutes one person dies while waiting due to the shortage of donated organs; and WHEREAS, a single individual's donation of the heart, lung, liver, kidneys, pancreas and small intestine can save up to eight lives; donation of tissue can save and heal the lives of up to 50 others; and a single blood donation can help three people in need; and WHEREAS, millions of lives each year are saved and healed by donors of organs, tissues, marrow and blood; and WHEREAS, nearly twelve million Californians have signed up with the state- authorized Donate Life California Registry to ensure their wishes to be organ and tissue donors are honored; and WHEREAS, California residents can sign up with the Donate Life California Registry when applying for or renewing their driver's licenses or ID cards at the California Department of Motor Vehicles. NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Rancho Cucamonga does hereby proclaim the month of April 2015 to be DMV/Donate Life California Month and encourages our residents to check "YES" when applying for or renewing their driver's license or I.D. card. 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 F' day of April, 2015. ille. r, ,ice .gip i . Dennis Michae L Mayor 175,1514P'o Sam Spa!!oh William J. Al, ander gti ; ,. 4. Gt,' +; . Mayor Pro Te Council ember ' N o0 AMC Class Corns _�C�1nu)• y nne B. 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Check No. Check Date Vendor Name City- Fire Amount AP 00356160 03/11/2015 A AND R TIRE SERVICE 6,528.82 0.00 6,528.82 AP 00356161 03/11/2015 A&V SOFTBALL 1,917.00 0.00 1,917.00 AP 00356162 03/11/2015 A'JONTUE, ROSE ANN .201.40 0.00 201.40 AP 00356163 03/11/2015 ABLE BUILDING MAINTENANCE 6,497.27 0.00 6,497.27 AP 00356164 03/11/2015 ABLETRONICS 12.91 0.00 12.91 AP 00356165 03/11/2015 ACEY DECY EQUIPMENT INC. 169.00 0.00 169.00 AP 00356166 03/11/2015 ACTIVE KIDS IN THE I.E. 705.60 0.00 705.60 AP 00356167 03/11/2015 ALF SYSTEMS CONSULTING INC 13,562.50 0.00 13,562.50 AP 00356168 03/11/2015 AEI-CASC CONSULTING 7,477.50 0.00 7,477.50 AP 00356169 03/11/2015 ALEXANDER,WILLIAM J 283.92 0.00 283.92 AP 00356170 03/11/2015 ALL CITY MANAGEMENT SERVICES INC. 19,027.45 0.00 19,027.45 AP 00356171 03/11/2015 ALLIANCE FOR INNOVATION 7,500.00 0.00 7,500.00 AP 00356172 03/11/2015 ALLIED STORAGE CONTAINERS 0.00 329.40 329.40 AP 00356173 03/11/2015 ALPHAGRAPHICS 3,038.20 0.00 3,038.20 AP 00356174 03/11/2015 ALTA LOMA SEWING CENTER 0.00 81.95 81.95 AP 00356175 03/11/2015 ALVAREZ,MARIA THERESA 76.00 0.00 76.00 AP 00356176 03/11/2015 AMERICAN PUBLIC WORKS ASSOCIATION 223.75 0.00 223.75 AP 00356177 03/11/2015 AMTECH ELEVATOR SERVICES 281.07 0.00 281.07 AP 00356178 03/11/2015 ANIMAL HEAL'T'H&SANITARY SUPPLY 204.00 0.00 204.00 Al' 00356179 03/11/2015 ANTECH DIAGNOSTICS 2,302.55 0.00 2,302.55 AP 00356180 03/11/2015 ARCHITERRA DESIGN GROUP 482.76 0.00 482.76 AP 00356181 03/11/2015 .ART OF LIVING FOUNDATION 300.00 k 0.00 300.00 AP 00356182 03/11/2015 BANK OF AMERICA MERRILL LYNCH 0.00 389,267.68 , 389,267.68 AP 00356183 03/11/2015 BANUELOS,JESSICA 27.00 0.00 27.00 AP 00356184 03/11/2015 BARBARA'S ANSWERING SERVICE 572.00 0.00 572.00 AP 00356185 03/11/2015 BARBER.JASON 1,000.00 0.00 1,000.00 AP 00356186 03/11/2015 BATTERY POWER INC 2,225.20 0.00 2,225.20 AP 00356187 03/11/2015 BENNETT,MARIA 49.00 0.00 49.00 AP 00356188 03/11/2015 BERN MARIES PROMOTIONAL PRODUCTS 951.48 0.00 951.48 AP 00356189 03/11/2015 BIEDENBACH,BEVERLY 220.00 0.00 220.00 AP 00356190 03/11/2015 BIRD,LYLY 12.60 0.00 12.60 AP 00356191 03/11/2015 BISHOP COMPANY 1,548.56 0.00 1,548.56 AP 00356192 03/11/2015 I3OSOWSKY,BRYAN • 40.39 0.00 40.39 AP 00356193 03/11/2015 BUILDING BLOCK ENTERTAINMENT INC 1,995.00 0.00 1,995.00 AP 00356194 03/11/2015 BUSINESS MANAGEMENT DAILY 26.50 0.00 26.50 AP 00356195 03/11/2015 BUFSKO UTILITY DESIGN INC. 8,142.32 0.00 8,142.32 • AP 00356196 03/11/2015 CABLE INC. 384.00 0.00 384.00 Al' 00356197 03/11/2015 CAL I'ERS LONG TERM CARE 309.52 0.00 309.52 AP 00356198 03/11/2015 CALIFORNIA PUBLIC LIBRARY ADVOCATES 80.00 . 0.00 80.00 AP 00356199 03/11/2015 CAMPOS,JUDANA 222.00 0.00 222.00 AP 00356200, 03/11/2015 CARQUEST AUTO PARTS 1,011.12 0.00 1,011.12 AP 00356201 03/11/2015 . CARR,OLIVER 27.00 0.00 . 27.00 AP 00356202 03/11/2015 CARTY,DIANE 501.60 0.00 501.60 AP 00356203 03/11/2015 CASTILLO,FRANCISCO 972.00 0.00 972.00 *AP 00356204 03/11/2015 CATHEDRAL OF PEACE INTL MINISTRIES 500.00 0.00 500.00 AP 00356205 03/11/2015 CCS ORANGE COUNTY JANITORIAL INC. 35,563.17 371.85 35,935.02'" AP 00356206 03/11/2015 CDW-G 0.00 2,144.92 2,144.92 User: VLOPEZ- VERONICA LOPEZ Page: I Current Date: 03/25/2015 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 16:17:05 CITY OF RANCHO CUCAMONGA P2 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT ' Agenda Check Register 3/11/2015 through 3/24/2015 Check No. Check Date Vendor Name City Fire Amount AP 00356207 03/I1/2015 CHAPQUIST ENTERTAINMENT INC. 4,743.00 0.00 4,743.00 AP 00356208 03/11/2015 CHARTER COMMUNICATIONS 86.27 531.86 618.13 *** AP 00356209 03/11/2015 CHILTON,GABRIELLE 180.00 0.00 180.00 AP 00356210 03/11/2015 CINTAS CORP.#150 3,235.57 0.00 3,235.57 AP 00356211 03/11/2015 CLARK,KAREN 112.50 0.00 112.50 AP 00356212 03/11/2015 CLAYTON,JANICE 91.04 0.00 91.04 AP 00356213 03/11/2015 CLEAN ENERGY 977.21 0.00 977.21 AP 00356214 03/11/2015 CLEAR COAST CONSTRUCTION 611.45 15,755.00 16,366.45 *** AP 00356215 03/11/2015 CLEARWATER GRAPHICS INC 1,286.77 0.00 1,286.77 AP 00356216 03/11/2015 CLIENT FIRST CONSULTING GROUP 0.00 450.00 450.00 AP 00356217 03/11/2015 COMBINED MARTIAL SCIENCE INC 3,877.20 0.00 3,877.20 AP 00356218 03/11/2015 CONCEPT POWDER COATING 104.00 0.00 104.00 AP 00356219 03/11/2015 CONFIRE IPA 0.00 52,947.45 52,947.45 AP 00356220 03/11/2015 CONFIRMDELIVERY.COM 462.74 0.00 462.74 Al' 00356221 03/11/2015 CORODATA MEDIA STORAGE INC 897.45 0.00 897.45 AP 00356222 03/11/2015 THE COUNSELING TEAM INTERNATIONAL 0.00 1,250.00 1,250.00 AP 00356223 03/11/2015 CROP PRODUCTION SERVICES INC 966.87 0.00 966.87 AP 00356224 03/11/2015 D& D SERVICES INC. 430.00 0.00 430.00 AP 00356225 03/11/2015 DAGFIDEVIRIAN. KATHY 312.90 0.00 312.90 AP 00356226 03/11/2015 DANCE TERRIFIC 3,110.10 0.00 3,110.10 AP 00356227 03/11/2015 DAVIES,REBECCA 15.00 0.00 15.00 AI' 00356228 03/11/2015 DENNIS MICHAEL FOR MAYOR 283.92 0.00 283.92 AP 00356229 03/11/2015 DEPARTMENT OF INDUSTRIAL RELATIONS 700.00 0.00 700.00 AP 00356230 03/11/2015 DEPARTMENT OF JUSTICE 6,253.00 0.00 6,253.00 AP 00356231 03/11/2015 DOUGLAS MOTORCYCLES 4,000.00 0.00 4,000.00 AP 00356232 03/11/2015 DUMBELL MAN FITNESS EQUIPMENT,THE 450.00 0.00 450.00 AP 00356233 03/11/2015 DUNN,ANN MARIE 361.80 0.00 361.80 AP 00356234 03/11/2015 EASY TO GET WIRELESS 818.00 0.00 818.00 AP 00356235 03/11/2015 EDWARD PROFESSIONAL ADVISIORS 2,550.00 0.00 2,550.00 _ AP 00356236 03/11/2015 ELECTRONICS WAREHOUSE 86.13 0.00 86.13 AP 00356237 03/11/2015 EMPLOYMENT DEVELOPMENT DEPT. 17,820.00 0.00 17,820.00 AI' 00356238 03/11/2015 ENN GEE CORI'. 2,867.50 0.00 2,867.50 Al' 00356239 03/11/2015 ENRIQUEZ,ALICE 76.00 0.00 76.00 AP 00356240 03/11/2015 ESKANDER,NASHAAT 20.00 0.00 20.00 AP 00356241 03/11/2015 EXPERIAN 52.00 0.00 52.00 AP 00356242 03/I 1/2015 EXPRESS BRAKE SUPPLY 1,395.05 0.00 1,395.05 AP 00356243 03/11/2015 FEDERAL EXPRESS CORP 110.43 0.00 110.43 AP 00356244 03/11/2015 FIRST VETERINARY SUPPLY 716.12 0.00 716.12 AP 00356245 03/11/2015 FLEET SERVICES INC. 0.00 172.74 172.74 AP 00356246 03/11/2015 FOREST CITY 900.00 0.00 900.00 AP 00356247 03/11/2015 FREUDE,DAWN 272.14 0.00 272.14 AP 00356248 03/11/2015 FRIENDS OF DIANE WILLIAMS 283.92 0.00 283.92 AP 00356249 03/11/2015 FUND RAISERS LTD 242.84 0.00 242.84 AP 00356250 03/11/2015 GATEWAY PET CEMETERY AND CREMATORY 400.00 0.00 400.00 AP 00356251 03/11/2015 GEOGRAPHICS 4,893.65 0.00 4,893.65 AP 00356252 03/11/2015 GIORDANO,MARIANNA 111.00 0.00 111.00 AP 00356253 03/11/2015 GLOBALSTAR 0.18 0.00 0.18 User: VLOPEZ- VERONICA LOPEZ Page: 2 Current Date: 03/25/2015 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 16:17:05 CITY OF RANCHO CUCAMONGA P3 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/11/2015 through 3/24/2015 Check No. Check Date Vendor Name City Fire Amount AP 00356254 03/11/2015 GOMEZ, ROSA 250.00 0.00 250.00 AP 00356255 03/11/2015 GOODYEAR TIRE&RUBBER COMPANY 4,598.23 0.00 4,598.23 AP 00356256 03/11/2015 GRAINGER 794.48 307.74 1,102.22"' AP 00356257 03/11/2015 GRAPHICS FACTORY INC. 199.80 0.00 199.80 AP 00356258 03/11/2015 GRAYDON, RONALD 76.00 0.00 76.00 AP 00356259 03/11/2015 HANLON,WILLIAM C. 283.92 0.00 283.92 AP 00356260 03/11/2015 IIDL COREN AND CONE 4,200.00 0.00 4,200.00 AP 00356261 03/11/2015 HEILIG,KELLY 541.50 0.00 541.50 AI' 00356262 03/11/2015 HENRY SCI'IEIN ANIMAL HEALTH SUPPLY 1,253.27 0.00 1,253.27 AP 00356263 03/11/2015 HERITAGE EDUCATION GROUP 281.00 0.00 281.00 AP 00356264 03/11/2015 HILL'S PET NUTRITION 2,029.23 0.00 2,029.23 AP 00356265 03/11/2015 • IRSCH.COREY 90.00 0.00 90.00 AP 00356266 03/11/2015 I•0ME DEPOT CREDIT SERVICES 645 132.09 0.00 132.09 AP 00356267 03/11/2015 HOOD,KARYE 125.93 0.00 125.93 Al' 00356268 03/11/2015 HOSE HEAVEN 586.61 0.00 586.61 AP 00356269 03/11/2015 HOSE MAN INC 89.40 0.00 89.40 AP 00356270 03/11/2015 I•0YT LUMBER CO.,SM 0.00 21.81 21.81 AP 00356271 03/11/2015 HUMANE SOCIETY OF SAN BERNARDINO VALLEY IN' 225.00 0.00 225.00 AP 00356272 03/11/2015 IDEXX DISTRIBUTION INC 834.75 0.00 834.75 Al' 00356273 03/11/2015 IGNI'T'E EN'T'ERPRISES,LL.0 10,000.00 0.00 10,000.00 AP 00356274 03/11/2015 INDEPENDENT ROOFING CONSULTANTS 1,500.00 0.00 1,500.00 AP 00356275 03/11/2015 INDERWIESCHE,MATT 942.60 0.00 942.60 AP 00356276 03/11/2015 INLAND EMPIRE LANDSCAPE INC 3,100.00 0.00 3,100,00 AP 00356277 03/11/2015 INLAND EMPIRE TOURS AND TRANSPORTATION 1,603.00 0.00 •1,603.00 AP 00356278 03/11/2015 INLAND PRESORT&MAILING SERVICES 50.72 0.00 50.72 AP 00356279 03/11/2015 INLAND VALLEY DANCE ACADEMY 2,079.70 0.00 2,079.70 AP 00356280 03/11/2015 INLAND VALLEY EMERGENCY PET CLINIC 222.50 0.00 222.50 AP 00356281 03/11/2015 INSIGHT PUBLIC SECTOR INC 8,986.03 575,83 9,561.86 r•• AP 00356282 03/11/2015 INTERVET INC 4,745.25 0.00 4,745.25 AP 00356283 03/11/2015 JDC INC 14,416.00 0.00 14,416.00 AP 00356284 03/11/2015 JOHN BURR CYCLES INC 83,98 0.00 83.98 AP 00356285 03/11/2015 JOHNNY ALLEN TENNIS ACADEMY . 4,864.80 0.00 4,864.80 AP 00356286 03/11/2015 JOHNSON LIFT HYSTER 108.68 -0.00 108.68 AP 00356287 03/11/2015 JONES AND MAYER,LAW OFFICES OF 1,200.00 80.00 1,280.00'•' AP 00356288 03/11/2015 JRC HOUSING 2,885.00 0.00 2,885.00 AP 00356289 03/11/2015 KVAC ENVIRONMENTAL SERVICES INC 870.00 . 0.00 870.00 AP 00356290 03/11/2015 KONE INC 613.67 0.00 613.67 AP 00356291 03/11/2015 KRIEGER,ED 300.00 0.00 300.00 AI' 00356292 03/11/2015 KVAC ENVIRONMENTAL SERVICES INC 0.00 50.00 50.00 • AP 00356293 03/11/2015 LAKESHORE LEARNING MATERIALS 1,417.81 0.00 1,417.81 AP 00356294 03/11/2015 LAURIN, DUSTY 75.00 0.00 75.00 AP 00356295 03/11/2015 LAWSON PRODUCTS INC 0.00 1,153.66 1,153.66 AP 00356296 03/11/2015 LINDA RYAN REPORTING 1,189.50 0.00 1,189.50 . AP 00356297 03/11/2015 LINGER,MARION 76.00 0.00 76.00 AP 00356298 03/11/2015 LOCAL GOVERNMENT COMMISSION 75.00 0.00 75.00 AP 00356299 03/11/2015 LOCUITO,REBECCA 27.00 0.00 27.00 Al' 00356300 03/11/2015 LOS ANGELES FREIGHTLINER 47.76 0.00 47.76 User: VLOPEZ- VERONICA LOPEZ Page: 3 Current Date: 03/25/2015 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 16:17:05 CITY OF RANCHO CUCAMONGA P4 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/11/2015 through 3/24/2015 Check No. Check Date Vendor Name City Fire Amount AP 00356303 03/11/2015 LOWES COMPANIES INC. 5,616.61 715.94 6,332.55*** AP 00356304 03/11/2015 LUI,ZEGU 75.92 0.00 75.92 Al' 00356305 03/11/2015 LYNNE KENNEDY FOR CITY COUNCIL 283.92 0.00 283.92 AP 00356306 03/11/2015 MANDALA.TONY V 500.00 0.00 500.00 AP 00356307 03/11/2015 MARSHALL,SYLVIA 1,387.80 0.00 1,387.80 AP 00356308 03/11/2015 MARY S ROBERTS SPAY/NEUTER CLINIC 50.00 0.00 50.00 AP 00356309 03/11/2015 MCFADDEN DALE HARDWARE 80.57 0.00 80.57 AP 00356310 03/11/2015 MESA GRANDE ACADEMY 825.00 0.00 825.00 AP 00356311 03/11/2015 MIDWEST TAPE 461.18 0.00 461.18 AP 00356312 03/11/2015 MIJAC ALARM COMPANY 102.00 0.00 102.00 AP 00356313 03/11/2015 MOE,JOHN 168.00 0.00 168.00 AP 00356314 03/11/2015 MOFFAIT,JAMES LEO 283.92 0.00 283.92 AP 00356315 03/11/2015 MORRIS.RICHARD 273.00 0.00 273.00 AP 00356316 03/11/2015 MURADIAN,LESLIE 400.00 0.00 400.00 AP 00356317 03/11/2015 NAPA AUTO PARTS 195.77 0.00 195.77 AP 00356318 03/11/2015 NINYO&MOORE 2,679,75 0.00 2,679.75 AP 00356319 03/11/2015 OCCUPATIONAL HEALTH CTRS OF CA 133.22 0.00 133.22 AP 00356321 03/11/2015 OFFICE DEPOT 8,737.46 419.41 9,156.87*** AP 00356322 03/11/2015 OLLAR CONSTRUCTION CO INC 10,000.00 0.00 10,000.00 AP 00356323 03/11/2015 OLS SERVICE INC. 1,241.16 0.00 1,241.16 AP 00356324 03/11/2015 ONQUE TECHNOLOGIES INC 428.93 0.00 428.93 AP 00356326 03/11/2015 ONTARIO SPAY AND NEUTER INC 2.180.00 0.00 2.180.00 AP •00356327 03/11/2015 ONTARIO WINNELSON CO 371.60 0.00 371.60 AP 00356328 03/11/2015 ONTARIO,CITY OF 115.86 0.00 115.86 AP 00356329 03/11/2015 OPARC 748.00 0.00 748.00 AP 00356330 03/11/2015 ORTIZ,ANDY 54.06 0.00 54.06 Al' 00356331 03/11/2015 PACIFIC ADVANCED CIVIL ENGINEERING 10,250.00 0.00 10,250.00 AP 00356332 03/11/2015 PALMER,MARIE FRANCES 61.77 0.00 61.77 AP 00356333 03/11/2015 PATEL,TERESA 102.00 0.00 102.00 AP 00356334 03/11/2015 PATTON SALES CORP 0.00 1,111.71 1,111.71 AP 00356335 03/11/2015 PEP BOYS 70.18 0.00 70.18 AP 00356336 03/11/2015 PEREZ,GABRIEL 75.00 0.00 75.00 AP 00356337 03/11/2015 PETERSON HYDRAULICS INC 0.00 6,248.48 6,248.48 AP 00356338 03/11/2015 PETES ROAD SERVICE INC 1.530.42 0.00 1,530.42 AP 00356339 03/11/2015 PILCHER,ELENA 110.00 0.00 110.00 AP 00356340 03/11/2015 PIP PRINTING 327.08 0.00 327.08 AP 00356341 03/11/2015 PITNEY BOWES 25,000.00 0.00 25,000.00 AP 00356342 03/11/2015 POWER PLAY YOUTH ATHLETICS 910.00 0.00 910.00 AP 00356343 03/11/2015 PRECISION GYMNASTICS 2,890.30 0.00 2,890.30 AP 00356344 03/11/2015 PRIME GLASS 452.14 0.00 452.14 AP 00356345 03/11/2015 PRISTINE UNIFORMS LLC 0.00 310.99 310.99 AP 00356346 03/11/2015 PRO-PLANET INDUSTRIAL SUPPLY 65144 0.00 652.44 AP 00356347 03/11/2015 RANCHO CUCAMONGA LIBRARY FOUNDATION 0.00 200.00 200.00 AP 00356348 03/11/2015 RANCHO REGIONAL VETERINARY HOSPITAL INC 200.00 0.00 200.00 AP 00356349 03/11/2015 RAULS AUTO TRIM INC 132.00 0.00 132.00 AP 00356350 03/11/2015 RBM LOCK AND KEY SERVICE 3.78 0.00 3.78 AP 00356351 03/11/2015 RED HELMET TRAINING INC 0.00 750.00 750.00 User: VLOPEZ- VERONICA LOPEZ Page: 4 Current Date: 03/25/2015 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 16:17:05 CITY OF RANCHO CUCAMONGA P5 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register • 3/11/2015 through 3/24/2015 • Check No. Check Date Vendor Name City Fire Amount AP 00356352 03/11/2015 RF WHITE CO INC 4,059.16 0.00 4,059.16 AP 00356353 03/11/2015 RICHARDS WATSON AND GERSHON 37,340.22 0.00 37,340.22 AP 00356354 03/11/2015 RIPPETOE LAW P C 20,771.92 0.00 20,771.92 AP 00356355 03/11/2015 RUBLES,RAUL P 552.00 0.00 552.00 AP 00356356 03/11/2015 ROCKN,FAKHRY 275.00 0.00 275.00 AP 00356357 03/I 1/2015 RODRIGUEZ INC,RY 1,796.45 0.00 1,796.45 AP 00356358 03/11/2015 SAFE DESIGNS INC 572.26 0.00 572.26 AP 00356359 03/11/2015 SAFE-ENTRY TECHNICAL INC 0.00 300.00 300.00 AP 00356360 03/11/2015 SAN BERNARDINO COUNTY SHERIFFS DEPT 724.88 0.00 724.88 AP 00356361 03/11/2015 SAN BERNARDINO COUNTY REGISTRAR OF VOTERS 60,294.00 0.00 60,294.00 AP 00356362 03/11/2015 SAN BERNARDINO CTY 0.00 10,460.56 10,460.56 AP 00356363 03/11/2015 SC FUELS 0.00 6,566.92 6,566.92 AP 00356364 03/11/2015 SCOTT F FORMAN M D 1,600.00 0.00 1,600.00 AP 00356365 03/11/2015 SECURITY BANK OF CALIFORNIA ' 0.00 20,487.78 20,487.78 AP 00356366 03/11/2015 SHORT LOAD CONCRETE 287.28 0.00 287.28 AP 00356367 03/11/2015 SHRED PROS 0.00 45.00 45.00 AP 00356368 03/11/2015 SIEMENS INDUSTRY INC 1,685.38 0.00 1,685.38 AP 00356369 03/11/2015 SIGMANET 17,600.00 0.00 17,600.00 AP 00356370 03/11/2015 SIGN SHOP,THE 158.76 0.00 158.76 AP 00356371 03/11/2015 SILVER, EDNA 76.00 0.00 76.00 AP 00356372 03/11/2015 SIMS,ANDREW 105.00 0.00 105.00 AP 00356373 03/11/2015 SMARTLITE 150.00 0.00 150.00 AP 00356374 03/11/2015 SO CALIF GAS COMPANY 1,084.30 234.59 1,318.89••• AP 00356375 03/11/2015 SO CALIF GAS COMPANY 1,578.29 0.00 1,578.29 AP 00356376 03/11/2015 SOCIAL VOCATIONAL SERVICES 3,080.00 0.00 . 3,080.00 AP 00356377 03/11/2015 SOUTH COAST AQMD • 0.00 451.57 451.57 AP 00356381 03/11/2015 SOUTHERN CALIFORNIA EDISON 26,871.82 640.07 27,511.89••" AP 00356382 03/11/2015 SOUTHERN CALIFORNIA EDISON 967.47 0.00 967.47 AP 00356383 03/11/2015 SOUTHERN COUNTIES LUBRICANTS LLC 0.00 4,617.60 4,617.60 AP 00356384 03/11/2015 SOUTHLAND FARMERS MARKET ASSOC INC 1,538.00 0.00 1,538.00 AP 00356385 03/11/2015 STANDARD INSURANCE COMPANY 19,193.69 0.00 19,193.69 AP 00356386 03/I1/2015 STANKEVITZ,RICHARD 25.20 0.00 25.20 AP 00356387 03/11/2015 STATE PERMITS INC 320.00 0.00 320.00 AP 00356388 03/11/2015 STERICYCLE INC 2,293.43 0.00 2,293.43 AP 00356389 03/11/2015 TERMINIX PROCESSING CENTER 0.00 162.00 162.00 AP 00356390 03/11/2015 TERRA VISTA ANIMAL HOSPITAL 375.00 0.00 375.00 AP 00356391 03/11/2015 TONG,WENDY Y 3,075.00 0.00 3,075.00 AP 00356392 03/11/2015 TORGA ELECTRIC 11,172.00 0.00 11,172.00 AP 00356393 03/11/2015 TUCKERMAN,BARB 163.84 0.00 163.84 AP 00356394 03/11/2015 TULLAR,DAVID 15.00 0.00 15.00 AP 00356395 03/11/2015 U.S. BANK PARS ACCT#6746022500 15,217.20 0.00 15,217.20 AP 00356396 03/11/2015 U.S. BANK PARS ACCT#6746022500 959.21 0.00 959.21 AP 00356397 03/11/2015 UNITED PACIFIC SERVICES INC 15,540.00 0.00 15,540.00 AP 00356398 03/11/2015 UPLAND ANIMAL HOSPITAL 175.00 0.00 175.00 AP 00356399 03/11/2015 UPS 186.00 0.00 186.00 AP 00356401 03/11/2015 VERIZON CALIFORNIA 7,104.79 414.21 7,519.00""" AP 00356402 03/11/2015 VICTOR MEDICAL COMPANY 3,290.34 0.00 3,290.34 User: VLOPEZ- VERONICA LOPEZ Page: 5 Current Date: 03/25/2015 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 16:17:05 CITY OF RANCHO CUCAMONGA • P6 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT • Agenda Check Register 3/11/2015 through 3/24/2015 Check No. Check Date Vendor Name City Fire Amount AP 00356403 03/11/2015 VICTORIA ANIMAL HOSPITAL 350.00 0.00 350.00 AP 00356404 03/11/2015 VIGILANT SOLUTIONS 9.612.00 . 0.00 9,612.00 AP 00356405 03/I 1/2015 VISION COMMUNICATIONS CO 152.88 0.00 152.88 AP 00356406 03/11/2015 VISION SERVICE PLAN CA 10,681.28 0.00 10,681.28 AP 00356407 03/11/2015 WALTERS WHOLESALE ELECTRIC CO 1,516.15 0.00 1,516.15 AP 00356408 03/11/2015 WARREN&CO INC,CARL 2,927.82 0.00 2,927.82 AP 00356409 03/11/2015 WATER MILL HOMES INC 662.00 0.00 662.00 AP 00356410 03/11/2015 WAXIE SANITARY SUPPLY 4,776.65 52.35 4,829.00*** AP 00356411 03/I 1/2015 WESTERN MEDICAL SUPPLY INC 258.12 0.00 258.12 AP 00356412 03/11/2015 WILSON.AND BELL 847.56 0.00 847.56 AP 00356413 03/11/2015 WINZER CORPORATION 1,380.37 0.00 1,380.37 • AP 00356414 03/I 1/2015 ZEP MANUFACTURING COMPANY 585.42 0.00 585.42 AP 00356415 03/11/2015 LOE9'IS 179.40 0.00 179.40 AP 00356416 03/12/2015 ABC LOCKSMITHS 651.41 0.00 651.41 AP 00356417 03/12/2015 AIRGAS USA LLC 7,360.91 0.00 7,360.91 AP 00356420 03/12/2015 BRODART BOOKS 4,504.22 0.00 4,504.22 AP 00356421 03/12/2015 CALSENSE 7,841.93 0.00 7,841.93 AP 00356422 03/12/2015 CITRUS MOTORS ONTARIO INC 370.09 456.04 826.13 *" AP 00356425 03/12/2015 CUCAMONGA VALLEY WATER DISTRICT 22,563.54 682.25 23,245.79*** AP 00356426 03/12/2015 DUNN EDWARDS CORPORATION 1,552.31 0.00 1,552.31 AP 00356427 03/12/2015 EMCOR SERVICE , 18,095.35 0.00 18,095.35 AP 00356428 03/12/2015 EWING IRRIGATION PRODUCTS 297.01 0.00 297.01 AP 00356429 03/12/2015 FORD OF UPLAND.INC 23.19 0.00 23.19 AP 00356430 03/12/2015 IIOLLIDAY ROCK CO INC 2,399.72 0.00 2,399.72 AP 00356431 03/12/2015 INLAND VALLEY DAILY BULLETIN 6,909.18 0.00 6,909.18 AP 00356432 03/12/2015 IRONMAN PARTS AND SERVICES 1,600.00 0.00 1,600.00 AP 00356433 03/12/2015 KME FIRE APPARATUS 0.00 42,982.98 42,982.98 AP 00356434 03/12/2015 LIMS AUTO INC 6,240.62 0.00 6,240.62 . AP 00356435 03/12/2015 MERIAL LIMITED 153.67 0.00 153.67 AP 00356436 03/12/2015 MWI VETERINARY SUPPLY 142.56 0.00 142.56 AP 00356437 03/12/2015 SIMPLOT PARTNERS 923.09 0.00 923.09 AP 00356438 03/12/2015 'TARGET SPECIALTY PRODUCTS 2,603.54 0.00 2,603.54 AP 00356439 03/12/2015 UNIFIRST UNIFORM SERVICE 0.00 274.97 274.97 . 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HORTON LOS ANGELES HOLDING CO. 220.32 0.00 220.32 AP 00356488 03/18/2015 DE LA ROSA,DIEGO 500.00 0.00 500.00 AP 00356489 03/18/2015 DEPT.OF RESOURCES RECYCLING AND RECOVERY 700.00 0.00 700.00 AP 00356490 03/18/2015 DISCOUN'1"PWO-WAY RADIO 1,195.94 0.00 1,195.94 AP 00356491 03/18/2015 DLIMAGING 7,043.59 0.00 7,043.59 AP 00356492 03/18/2015 DUNN,ANN MARIE 112.50 0.00 112.50 AP 00356493 03/18/2015 DURKEL.CAROL 109.76 0.00 109.76 AP 00356494 03/18/2015 ENKO SYSTEMS 4.759.30 0.00 4,759.30 AP 00356495 03/18/2015 ES1 ACQUISITIONS INC 22,725.00 750.00 ' 23,475.00"• AP 00356496 03/18/2015 EXPRESS BRAKE SUPPLY 76.15 0.00 76.15 . 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00356507 03/18/2015 H&H GENERAL CONTRACTORS INC 249,704.97 0.00 249,704.97 AP 00356508 03/18/2015 (HERITAGE EDUCATION GROUP 448.00 0.00 448.00 AP 00356509 03/18/2015 HI WAY SAFETY INC 423.10 0.00 423.10 AP 00356510 03/18/2015 HILLS PET NUTRITION SALES INC 916.86 0.00 916.86 AP 00356511 03/18/2015 HOME DEPOT CREDIT SERVICES 645 673.87 0.00 673.87 AP 00356512 03/18/2015 HOSE MAN INC 311.35 0.00 311.35 AP 00356513 03/18/2015 HUMANE SOCIETY OF SAN BERNARDINO VALLEY IN' 75.00 0.00 75.00 AP 00356514 03/18/2015 IE INC 101.33 0.00 101.33 AP 00356515 03/18/2015 IMPRESSIONS GOURMET CATERING 3,348.00 0.00 3,348.00 AP 00356516 03/18/2015 INDUSTRIAL SUPPLY CO INC 224.46 0.00 224.46 AP 00356517 03/18/2015 INTERNATIONAL FOOTPRINT ASSOCIATION 180.00 0.00 180.00 AP 00356518 03/18/2015 JACK E ENTER AND ASSOCIATES INC 193.50 0.00 193.50 AP 00356519 03/18/2015 JDC INC 40,201.00 0.00 40,201.00 AP 00356520 03/18/2015 JERKINS,PATRICK 0.00 114.78 114.78 AP 00356521 03/18/2015 JOHNSON LIFT HYSTER 239.26 0.00 239.26 AP 00356522 03/18/2015 JRC HOUSING 9,795.00 0.00 9,795.00 AP 00356523 03/18/2015 KENNEDY EQUIPMENT INC 1,183.00 0.00 1,183.00 AP 00356524 03/18/2015 KLAUS AND SONS 425.00 0.00 425.00 AP 00356525 03/18/2015 LAWRENCE,ASHLEY 200.00 0.00 200.00 AP 00356526 03/18/2015 LIM,REBEKAH 40.50 0.00 40.50 AP 00356527 03/18/2015 LINNELL,SHERRY 1,044.41 0.00 1,044.41 AP 00356528 03/18/2015 LITTLE BEAR PRODUCTIONS 1,400.00 0.00 1,400.00 AP 00356529 03/18/2015 LIVE OAK DOG OBEDIENCE 243.00 0.00 243.00 AP 00356530 03/18/2015 LOS ANGELES FREIGHTLINER 557.34 0.00 557.34 AP 00356531 03/I8/2015 MAIN STREET SIGNS 4,194.88 0.00 4,194.88 AP 00356532 03/18/2015 MARIPOSA LANDSCAPES INC 60,086.55 4,559.98 64,646.53 ••* AP 00356533 03/18/2015 MARSHALL,SYLVIA 237.60 0.00 237.60 AP 00356534 03/18/2015 MARTINEZ TOWING 45.00 0.00 45.00 AP 00356535 03/18/2015 MATERIAL SALES UNLIMITED 1,964.30 0.00 1,964.30 AP 00356536 03/18/2015 MAXWELL,ANTHONY 24.00 0.00 24.00 AP 00356537 03/18/2015 MCFADDEN DALE HARDWARE 152.87 0.00 152.87 AP 00356538 03/18/2015 MEINEKE CAR CARE CENTER 45.00 0.00 45.00 AP 00356539 03/18/2015 MIDWEST TAPE 907.68 0.00 907.68 AP 00356540 03/18/2015 MINUTEMAN PRESS 370.98 0.00 370.98 AP 00356541 03/18/2015 MITSUBISHI ELECTRIC&ELECTRONICS USA INC 626.95 0.00 626.95 AP 00356542 03/18/2015 MOUNTAIN VIEW SMALL ENG REPAIR 2,587.73 0.00 2,587.73 AP 00356543 03/18/2015 MSA INLAND EMPIRE/DESERT CHAPTER 1,100.00 0.00 1,100.00 AP 00356544 03/18/2015 N-III INCORPORATED 831.60 0.00 831.60 AP 00356545 03/18/2015 NAPA AUTO PARTS 36.88 0.00 36.88 AP 00356546 03/18/2015 NBS 14,575.00 0.00 14,575.00 AP 00356547 03/18/2015 NEWCOMB ANDERSON MCCORMICK INC 5,295.00 3,530.00 8,825.00*** User: VLOPEZ-VERONICA LOPEZ Page: 8 Current Date: 03/25/2015 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 16:17:05 CITY OF RANCHO CUCAMONGA P9 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register . 3/11/2015 through 3/24/2015 • • • Check No. Check Date Vendor Name City Fire Amount AP 00356548 03/18/2015 NEXGEN 513.71 0.00 513.71 AP 00356549 03/18/2015 NEXTEL 0.00 164.97 164.97 AP 00356550 03/18/2015 OCCUPATIONAL HEALTH CTRS OF CA 2,848.00 0.00 2,848.00 AP 00356552 03/18/2015 OFFICE DEPOT 6,456.70 0.00 6,456.70 AP 00356553 03/18/2015 PACIFIC TRUCK EQUIPMENT 1,035.50 0.00 1,035.50 AP 00356554 03/18/2015 PACIFIC YOUTH SPORTS 1,288.00 0.00 1,288.00 Al' 00356555 03/18/2015 PAL CAMPAIGN 10.00 0.00 10.00 • AP 00356556 03/18/2015 PARS 3,500.00 0.00, 3,500.00 AP 00356557 03/18/2015 PASCALE,ROBERT 1 75.00 0.00 75.00 AP 00356558 03/18/2015 PEP BOYS 34.54 0.00 34.54 AP 00356559 03/18/2015 PEPSI-COLA 1,377.30 0.00 1,377.30 AP 00356560 03/18/2015 PRE-PAID LEGAL SERVICES INC 84.24 0.00 84.24 AP 00356561 03/18/2015 PRO SALES GROUP INC 4,075.33 0.00 4,075.33 AP 00356562 03/18/2015 R AND R AUTOMOTIVE 1,823.23 0.00 1,823.23 AP 00356563 03/18/2015 R&H THEATRICALS 8,698.50 0.00 8.698.50 , AP 00356564 03/18/2015 RANCHO CUCAMONGA QUAKES 12,100.00 0.00 12,100.00 AP 00356565 03/18/2015 RANCHO DISPOSAL SERVICES INC 160.00 0.00 160.00 AP 00356566 03/18/2015 RBM LOCK AND KEY SERVICE 42.66 0.00 42.66 AP 00356567 03/18/2015 RDO EQUIPMENT CO 55.92 0.00 55.92 AP 00356568 03/18/2015 RED WING SHOE STORE 1,134.67 0.00 1,134.67 AP 00356569 03/18/2015 RICHARDS WATSON AND GERSHON 3,290.00 0.00 3,290.00 AP 00356570 03/18/2015 RISE INTERPRETING INC 600.00 0.00 600.00 AP 00356571 03/18/2015 ROBBINS,MARLENE • 53.06 0.00 53.06 AP 00356572 03/18/2015 ROBLES,RAUL P 155.00 0.00 155.00 AP 00356573 03/18/2015 RODRIGUEZ INC, RY 532.50 0.00 532.50 AP 00356574 03/18/2015 SAFEWAY SIGN COMPANY 769.01 0.00 769.01 AP 00356575 03/18/2015 SAMS CLUB/SYNCHRONY BANK 179.30 0.00 179.30 AP 00356576 03/18/2015 SAN BERNARDINO COUNTY DEPT PUBLIC WORKS 57.50 0.00 57.50 AP 00356577 03/18/2015 SAN BERNARDINO CTY AUDITOR CONTROLLER REC( 25.00 -0.00 25.00 AP 00356578 03/18/2015 SAN BERNARDINO,CITY OF 957.22 0.00 957.22 AP 00356579 03/18/2015 SBPEA 736.40 0.00 736.40 AP 00356580 03/18/2015 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03/18/2015 STERICYCLE INC 999.71 0.00 999.71 User: VLOPEZ- VERONICA LOPEZ Page: 9 Current Date: 03/25/2015 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 16:17:05 CITY OF RANCHO CUCAMONGA P10 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/11/2015 through 3/24/2015 Check No. Check Date Vendor Name City Fire Amount AP 00356600 03/18/2015 STOTZ EQUIPMENT 163.10 0.00 163.10 AP 00356601 03/18/2015 TERRA VISTA ANIMAL HOSPITAL 150.00 0.00 150.00 AP 00356602 03/18/2015 TORO TOWING 225.00 0.00 225.00 AP 00356603 03/18/2015 UNDERGROUND SVC ALERT OF SO CAL 402.00 0.00 402.00 AP 00356604 03/18/2015 UNIQUE MANAGEMENT SERVICES INC 817.44 0.00 817.44 AP 00356605 03/18/2015 UNITED PACIFIC SERVICES INC 32,176.00 0.00 32,176.00 AP 00356606 03/18/2015 UNITED ROTARY BRUSH CORPORATION 390.29 0.00 390.29 AP 00356607 03/18/2015 UNITED SITE SERVICES OF CA INC 225.91 0.00 225.91 AP 00356608 03/18/2015 UNITED WAY 161.00 0.00 161.00 AP 00356609 03/18/2015 UNIVERSAL MARTIAL ARTS CENTERS 1,148.00 0.00 1,148.00 AP 00356610 03/18/2015 UPLAND ANIMAL HOSPITAL 100.00 0.00 100.00 AP 00356611 03/18/2015 UPS 231.41 0.00 231.41 AP 00356612 03/18/2015 US POSTMAS'I'ER 220.00 0.00 220.00 AP 00356613 03/18/2015 UT'ILIQUESI' 7,466.57 0.00 7,466.57 AP 00356614 03/18/2015 VALLEY CREST LANDSCAPE 69,119.40 0.00 69,119.40 AP 00356615 03/18/2015 VECCHIO,TOM 144.00 0.00 144.00 AP 00356616 03/18/2015 VERIZON BUSINESS SERVICES 3,937.72 0.00 3,937.72 AP 00356617 03/18/2015 VERIZON WIRELESS-LA 0.00 2,786.61 2,786.61 AP 00356618 03/18/2015 VERIZON WIRELESS-LA 494.13 0.00 494.13 AP 00356619 03/18/2015 VERRET F, WARREN 17.36 0.00 17.36 AP 00356620 03/18/2015 VICTOR MEDICAL COMPANY 1,197.08 0.00 1,197.08 AP 00356621 03/18/2015 VINCOR CONS'T'RUCTION INC 20,000.00 0.00 20,000.00 AP 00356622 03/18/2015 VIRTUAL PROJECT MANAGER INC 500.00 0.00 500.00 AP 00356623 03/18/2015 VISION COMMUNICA'T'IONS CO 1,133.28 0.00 1,133.28 AP 00356624 03/18/2015 WALTERS WHOLESALE ELECTRIC CO 4,935.81 0.00 4,935.81 AP 00356625 03/18/2015 WARREN.ELIZABETH 220.00 0.00 220.00 AP 00356626 03/18/2015 WAXIE SANITARY SUPPLY 5,922.97 0.00 5,922.97 AP 00356627 03/18/2015 WESTCOAST MEDIA 900.50 0.00 900.50 AP 00356628 03/18/2015 WESTERN UNIVERSITY OF HEALTH SCIENCE 640.00 0.00 640.00 AP 00356629 03/18/2015 WESTRUX INTERNATIONAL INC 1,378.03 0.00 1,378.03 AP 00356630 03/18/2015 WOMACK,KELLI 54.00 0.00 54.00 AP 00356631 03/18/2015 WORD MILL PUBLISHING 800.00 0.00 800.00 AP 00356634 03/18/2015 XEROX CORPORATION 10,554.38 459.23 11,013.61 *** AP 00356641 03/23/2015 BRODART BOOKS 8,226.08 0.00 8,226.08 AP 00356645 03/23/2015 CUCAMONGA VALLEY WATER DISTRICT 46,422.40 296.41 46,718.81 *** AP 00356646 03/23/2015 INLAND VALLEY DAILY BULLETIN 1,440.00 0.00 1,440.00 AP 00356647 03/23/2015 KME FIRE APPARATUS 0.00• 222.00 222.00 AP 00356648 03/23/2015 LN CURTIS AND SONS 0.00 4.679.02 4,679.02 AP 00356649 03/23/2015 ORKIN PEST CONTROL 7,241.32 0.00 7,241.32 AP 00356650 03/23/2015 SUNRISE FORD 94.31 0.00 94.31 AP 00356651 03/23/2015 SUNSTATE EQUIPMENT COMPANY LLC 614.54 0.00 614.54 AP 00356652 03/23/2015 '1W TELECOM 1,408.20 0.00 1,408.20 AP 00356653 03/23/2015 UNIFIRST UNIFORM SERVICE 0.00 632.64 632.64 AP 00356654 03/23/2015 BELL,MICHAEL L. 0.00 1,560.49 1,560.49 AP 00356655 03/23/2015 LONCAR,PHILIP 0.00 920.36 920.36 AP 00356656 03/23/2015 TOWNSEND,JAMES 0.00 1,560.49 1,560.49 AP 00356657 03/23/2015 WALKER,KENNETH 0.00 246.76 246.76 User: VLOPEZ- VERONICA LOPEZ Page: 10 Current Date: 03/25/2015 Report:CK AGENDA REG PORTRAIT CONSOLIDATED- CK: Agenda Check Register Portrait L Time: 16:17:05 CITY OF RANCHO CUCAMONGA P11 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/11/2015 through 3/24/2015 Check No. Check Date Vendor Name City Fire Amount EP 00005049 03/11/2015 CHAFFEY JOINT UNION IiS DISTRICT 10,000.00 0.00 10,000.00 EP 00005050 03/11/2015 EXELON GENERATION CO.LLC. 253,722.00 0.00 253,722.00 EP 00005051 03/11/2015 RIVERSIDE,CITY OF 6,294.00 0.00 6,294.00 EP 00005052 03/11/2015 SHELL ENERGY NORTH AMERICA 13,140.00 0.00 13,140.00 EP 00005053 03/11/2015 VIASYN INC 1,640.00 0.00 1,640.00 EP 00005055 03/18/2015 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 9,250.00 0.00 9,250.00 EP 00005056 03/18/2015 NORMAN A TRAUB ASSOCIATES 10,207.62 0.00 10,207.62 EP 00005057 03/18/2015 RCCEA 1,335.00 0.00 1,335.00 EP 00005058 03/18/2015 RCPFA 9,994.40 0.00 9,994.40 EP 00005059 03/18/2015 SAN BERNARDINO COUNTY 21.00 0.00 21.00 EP 00005060 03/18/2015 SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY 181.43 0.00 181.43 EP 00005062 03/23/2015 AHUMADA,ALEXANDER R 0.00 904.08 904.08 EP 00005063 03/23/2015 ALMAND,LLOYD 0.00 615.52 615.52 EP 00005064 03/23/2015 BANTAU,VICTORIA 0.00 893.87 893.87 EP 00005065 03/23/2015 BAZAL,SUSAN 0.00 1,322.23 - 1,322.23 EP 00005066 03/23/2015 BERRY,DAVID 0.00 920.36 920.36 EP 00005067 03/23/2015 BROCK,ROBIN 0.00 893.87 893.87 EP 00005068 03/23/2015 CAMPBELL,GERALD 0.00 1,233.07 1,233.07 EP 00005069 03/23/2015 CARNES, KENNETH 0.00 694.69 694.69 EP 00005070 03/23/2015 CLABBY,RICHARD 0.00 920.36 920.36 EP 00005071 03/23/2015 CORCORAN,ROBERT • 0.00 525.11 525.11 EP 00005072 03/23/2015 COX, KARL 0.00 615.52 615.52 EP 00005073 03/23/2015 CRANE.RALPH 0.00 1,323.48 1,323.48 EP 00005074 03/23/2015 CROSSLAND,WILBUR 0.00 469.02 469.02 EP 00005075 03/23/2015 DAGUE,JAMES 0.00 1,172.22 1,172.22 EP 00005076 03/23/2015 DE ANTONIO,SUSAN 0.00 525.11 525.11 EP 000G5077 03/23/2015 DOMINICK,SAMUEL A. 0.00 893.87 893.87 EP 00005078 03/23/2015 EAGLESON,MICHAEL 0.00 1,560.49 1,560.49 EP 00005079 03/23/2015 FRITCHEY,JOHN D. 0.00 469.02 469.02 EP 00005080 03/23/2015 HEYDE,DONALD 0.00 1,172.22 1,172.22 EP 00005081 03/23/2015 INTERLICCHIA.ROSALYN 0.00 1,167.31 1,167.31 EP 00005082 03/23/2015 KILMER,STEPHEN 0.00 1,233.07 1,233.07 EP 00005083 03/23/2015 LANE,WILLIAM 0.00 1,560.49 1,560.49 EP 00005084 03/23/2015 LEE,ALLAN 0.00 1,423.44 1,423.44 EP 00005085 03/23/2015 LENZE,PAUL E ' 0.00 1,224.46 1,224.46 EP 00005086 03/23/2015 LONGO,JOE 0.00 173.51 173.51 EP 00005087 03/23/2015 LUTTRULL,DARRELL 0.00 694.69 694.69 ' EP 00005088 03/23/2015 MACKALL,BENJAMIN 0.00 173.51 173.51 EP 00005089 03/23/2015 MAYFIELD.RON 0.00 1,323.48 1,323.48 EP 00005090 03/23/2015 MCKEE,JOHN 0.00 615.52 615.52 EP 00005091 03/23/2015 MCMILLEN, LINDA 0.00 246.76 246.76 EP 00005092 03/23/2015 MCNEIL. KENNETH 0.00 969.50 969.50 EP 00005093 03/23/2015 MICHAEL,L. DENNIS 0.00 893.87 • 893.87 EP 00005094 03/23/2015 MORGAN,I3YRON 0.00 2,277.23 .2,277.23 EP 00005095 03/23/2015 MYSKOW.DENNIS 0.00 920.36 920.36 EP 00005096 03/23/2015 NAUMAN,MICHAEL 0.00 920.36 920.36 EP 00005097 03/23/2015 NEE,RON 0.00 1,757.12 1,757.12 User: VLOPEZ- VERONICA LOPEZ Page: 1 I Current Date: 03/25/2015 • Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait L Time: 16:17:05 CITY OF RANCHO CUCAMONGA P12 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT • Agenda Check Register 3/11/2015 through 3/24/2015 Check No. Check Date Vendor Name City Fire Amount EP 00005098 03/23/2015 NELSON,MARY JANE 0.00 173.51 173.51 EP 00005099 03/23/2015 PLOUNG,MICHAEL J 0.00 556.94 556.94 EP 00005100 03/23/2015 POST,MICHAEL R 0.00 1,577.31 1,577.31 EP 00005101 03/23/2015 PROULX,PATRICK 0.00 1,560.49 1,560.49 EP 00005102 03/23/2015 ROEDER,JEFF 0.00 1,172.22 1,172.22 EP 00005103 03/23/2015 SALISBURY,THOMAS 0.00 893.87 . 893.87 EP 00005104 03/23/2015 SMITH,RONALD 0.00 920.36 920.36 EP 00005105 03/23/2015 SPAGNOLO,SAM 0.00 469.02 469.02 EP 00005106 03/23/2015 SPAIN,WILLIAM 0.00 694.69 694.69 EP 00005107 03/23/2015 SULLIVAN,JAMES - 0.00 753.31 753.31 EP 00005108 03/23/2015 TAYLOR,STEVE • 0.00 1,224.46 1,224.46 EP 00005109 03/23/2015 TULEY,TERRY 0.00 1,172.22 1,172.22 EP 00005110 03/23/2015 VANDERKALLEN, FRANCIS 0.00 1,192.64 1,192.64 EP 00005111 03/23/2015 WALTON,KEVIN 0.00 1,233.07 1,233.07 EP 00005112 03/23/2015 WOLFE,JACKIE 0.00 600.74 600.74 • EP 00005113 03/23/2015 YOWELL,TIMOTHY A - 0.00 1,323.48 1,323.48 • • Total City: $2,031,700.26 Total Fire: $648,604.76 Grand Total: $2,680,305.02 Note: • *** Check Number includes both City and Fire District expenditures User: VLOPEZ- VERONICA LOPEZ Page: 12 Current Date: 03/25/2015 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait 1 Time: 16:17:05 P13 STAFF REPORT *94 RANCI-10 CUCAMONGA FIRE PRO I C CCION 1�IS'I RIG 1' RANCHO Date: April 1, 2015 CUCAMONGA To: President and Members of the Board of Directors John R. Gillison, City Manager From: Mike Costello, Fire Chief By: Michael Courtney, Facilities Supervisor/e— Pam Pane, Management Analyst III Nv Shelley Hayes, Assistant Engineer 5f{ Subject: CONSIDERATION TO ACCEPT THE VEHICLE EXHAUST REMOVAL SYSTEM REPLACEMENT AT VARIOUS FIRE DISTRICT FACILITIES, CONTRACT NO. FD13- 007 AS COMPLETE, RELEASE THE BONDS, ACCEPT A MAINTENANCE BOND, AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $375,706.87 RECOMMENDATION It is recommended that the City Council accept Vehicle Exhaust Removal System Replacement at Various Fire District Facilities, Contract No. FD13-007, as complete, authorize the City Engineer to file a Notice of Completion, release the Faithful Performance Bond, accept a Maintenance Bond, authorize the release of the Labor and Materials Bond in the amount of$357,537.00 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 $18,785.34 35 days after acceptance. Also approve the final contract amount of $375,706.87. 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 Vehicle Exhaust Removal System Replacement at Various Fire District Facilities scope of work consisted of removal of existing nonfunctioning and poorly functioning exhaust removal system and replacing with new exhaust removal systems. Pertinent information of the project is as follows: • Budgeted Amount: $393,300.00 > Account Numbers: 3288501-5602 • Fire Board Approval to Advertise: February 5, 2014 Publish dates for local paper: February 11 and 18, 2014 • Bid Opening: March 27, 2014 > Contract Award Date: April 16, 2014 P14 FIRE BOARD STAFF REPORT Re: VIII-IICI,I:?EXI-IAUST REMOVAL SYSTEM RV,PLACEMENI'AT VARIOUS FIRE DISTRICT FACILITIES APRIL 1, 2015 PAGE 2 > Low Bidder: Air Exchange, Inc. > Contract Amount: $357,537.00 > Contingency: $35,753.70 > Final Contract Amount: $375,706.87 • > Difference in Contract Amount: $18,169.87 (5.08%) The net increase in the total cost of the project is a result of nine (9) Contract Change Orders. The notable changes that were significant to the increase of the Contract amount were adding Sliding Balancer Track Systems at Fire Stations 3, 4, and 5; adding a Vertical Stack Rail Assembly at Station 3; adding wireless transmitters; filter scrubbers; and adding tailpipe adapters at the Fire Maintenance Facility. The balancing statement accounts for deduction of the structural engineering portion of the bid. Respectfully submitted, Mike Costello Fire Chief • MC/MC/PP/SH:Is Attachment • . P15 RESOLUTION NO. FD 15-002 A RESOLUTION OF THE FIRE BOARD OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE VEHICLE EXHAUST REMOVAL SYSTEM REPLACEMENT AT VARIOUS FIRE DISTRICT FACILITIES, CONTRACT NO. FD13- • 007, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the Vehicle Exhaust Removal System Replacement at Various Fire District Facilities, Contract No. FD13-007, 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 Fire Board 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. • RESOLUTION NO. FD 15-002 — Page 1 CITY OF RANCHO CUCAMONGA P16 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/11/2015 through 3/24/2015 Check No. Check Date Vendor Name City Fire Amount AP 00356160 03/11/2015 A AND R TIRE SERVICE 6,528.82 0.00 6,528.82 AP 00356161 03/11/2015 A&V SOFTBALL 1,917.00 0.00 1,917.00 AP 00356162 03/11/2015 A'JONI'UE,ROSE ANN 201.40 0.00 201.40 AP 00356163 03/11/2015 ABLE BUILDING MAINTENANCE 6,497.27 0.00 6,497.27 AP 00356164 03/11/2015 ABLETRONICS 12.91 0.00 12.91 AP 00356165 03/11/2015 ACEY DECY EQUIPMENT INC. 169.00 0.00 169.00 AP 00356166 03/I 1/2015 ACTIVE KIDS IN THE I.E. 705.60 0.00 705.60 AP 00356167 03/11/2015 AEF SYSTEMS CONSULTING INC 13.562.50 0.00 13,562.50 AP 00356168 03/11/2015 AEI-CASC CONSULTING 7,477.50 0.00 7,477.50 AP 00356169 03/11/2015 ALEXANDER, WILLIAM I 283.92 0.00 283.92 AP 00356170 03/11/2015 ALL CITY MANAGEMENT SERVICES INC. 19,027.45 0.00 19,027.45 Al' 00356171 03/11/2015 ALLIANCE FOR INNOVATION 7,500.00 0.00 7,500.00 AI' 00356172 03/11/2015 ALLIED STORAGE CONTAINERS 0.00 329.40 329.40 AP 00356173 03/11/2015 ALPHAGRAPHICS 3,038.20 0.00 3,038.20 Al' 00356174 03/11/2015 ALTA LOMA SEWING CENTER 0.00 81.95 81.95 AP 00356175 03/11/2015 ALVAREZ,MARIA THERESA • 76.00 0.00 76.00 Al' 00356176 03/11/2015 AMERICAN PUBLIC WORKS ASSOCIATION 223.75 0.00 223.75 AP 00356177 03/11/2015 AMTECIi ELEVATOR SERVICES 281.07 0.00 281.07 AP 00356178 03/11/2015 ANIMAL HEALTH& SANITARY SUPPLY 204.00 0.00 204.00 AI' 00356179 03/11/2015 ANTECI1 DIAGNOSTICS 2.302.55 0.00 2,302.55 AP 00356180 03/11/2015 ARCHITERRA DESIGN GROUP 482.76 0.00 482.76 AP 00356181 03/11/2015 ART OF LIVING FOUNDATION 300.00 '. 0.00 300.00 AI' 00356182 03/11/2015 BANK OF AMERICA MERRILL LYNCH 0.00 389,267.68 389,267.68 AP 00356183 03/11/2015 BANUELOS,JESSICA 27.00 0.00 27.00 AP 00356184 03/11/2015 BARBARA'S ANSWERING SERVICE 572.00 0.00 572.00 AP 00356185 03/11/2015 BARBER,JASON 1,000.00 0.00 1,000.00 AP 00356186 03/11/2015 BATTERY POWER INC 2.225.20 0.00 2.225.20 AP 00356187 03/11/2015 BENNE'IT,MARIA 49.00 0.00 49.00 AI' 00356188 03/11/2015 BERN MARIES PROMOTIONAL PRODUCTS 951.48 0.00 951.48 AP 00356189 03/11/2015 BIEDENBACH. BEVERLY 220.00 0.00 220.00 AP 00356190 03/11/2015 BIRD,LYLY 12.60 0.00 12.60 Al' 00356191 03/11/2015 BISHOP COMPANY 1,548.56 0.00 1,548.56 AP 00356192 03/11/2015 BOSOWSKY,BRYAN 40.39 0.00 40.39 AP 00356193 03/11/2015 BUILDING BLOCK ENTERTAINMENT INC 1,995.00 0.00 1.995.00 AP 00356194 03/11/2015 BUSINESS MANAGEMENT DAILY 26.50 0.00 26.50 AP 00356195 03/11/2015 BUTSKO UTILITY DESIGN INC. 8,142.32 0.00 8,142.32 AP 00356196 03/11/2015 CABLE INC. 384.00 0.00 384.00 AP 00356197 03/11/2015 CAL PERS LONG TERM CARE 309.52 0.00 309.52 AP 00356198 03/11/2015 CALIFORNIA PUBLIC LIBRARY ADVOCATES 80.00 0.00 80.00 AP 00356199 03/11/2015 CAMPOS,JUDANA 222.00 0.00 222.00 AP 00356200 03/11/2015 CARQUEST AUTO PARTS 1,011.12 0.00 1,011.12 AP 00356201 03/11/2015 CARR,OLIVER 27.00 0.00 27.00 AP 00356202 03/11/2015 CARTY,DIANE 501.60 0.00 501.60 AP 00356203 03/11/2015 CASTII..LO,FRANCISCO - 972.00 0.00 972.00 AP 00356204 03/11/2015 CATHEDRAL OF PEACE INT'L MINISTRIES 500.00 0.00 500.00 AP 00356205 03/11/2015 CCS ORANGE COUNTY JANITORIAL INC. 35,563.17 371.85 35.935.02*** AP 00356206 03/11/2015 CDW-G 0.00 2,144.92 2,144.92 User: VLOPEZ- VERONICA LOPEZ Page: 1 • Current Date: 03/25/2015 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 16:17:05 CITY OF RANCHO CUCAMONGA P17 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT ' Agenda Check Register 3/11/2015 through 3/24/2015 Check No. Check Date Vendor Name City Fire Amount AP 00356207 03/11/2015 CHAPQUIST ENTERTAINMENT INC. 4,743.00 0.00 4,743.00 AP 00356208 03/11/2015 CHARTER COMMUNICATIONS 86.27 531.86 618.13*** AP 00356209 03/11/2015 CHILTON,GABRIELLE 180.00 0.00 180.00 AP 00356210 03/11/2015 CINTAS CORP.#150 3,235.57 0.00 3,235.57 AP 00356211 03/11/2015 CLARK,KAREN 112.50 0.00 112.50 AP 00356212 03/11/2015 CLAYTON,JANICE 91.04 0.00 91.04 Al' 00356213 03/I 1/2015 CLEAN ENERGY 977.21 0.00 977.21 AP 00356214 03/11/2015 CLEAR COAST CONSTRUCTION 611.45 15,755.00 16,366.45 *** AP 00356215 03/11/2015 CLEARWAT'ER GRAPHICS INC 1,286.77 0.00 1,286.77 AP 00356216 03/11/2015 CLIENT FIRST CONSULTING GROUP 0.00 450.00 450.00 AP 00356217 03/11/2015 COMBINED MARTIAL SCIENCE INC 3,877.20 0.00 3.877.20 AP 00356218 03/I1/2015 CONCEPT POWDER COATING 104.00 0.00 104.00 AP 00356219 03/11/2015 CONFIRE JPA 0.00 52,947.45 52,947.45 AP 00356220 03/11/2015 CONFIRMDELIVERY.COM 462.74 0.00 462.74 AP 00356221 03/11/2015 CORODATA MEDIA STORAGE INC 897.45 0.00 897.45 AP• 00356222 03/11/2015 THE COUNSELING TEAM INTERNATIONAL. 0.00 1.250.00 1,250.00 AP 00356223 03/11/2015 CROP PRODUCTION SERVICES INC 966.87 0.00 966.87 AP 00356224 03/11/2015 D&D SERVICES INC. 430.00 0.00 430.00 AP 00356225 03/11/2015 DAGHDEVIRIAN. KATHY 312.90 0.00 312.90 AP 00356226 03/11/2015 DANCE TERRIFIC 3,110.10 0.00 3,110.10 AP 00356227 03/11/2015 DAVIES, REBECCA 15.00 0.00 15.00 AP 00356228 03/11/2015 DENNIS MICHAEL FOR MAYOR 283.92 0.00 283.92 AP 00356229 03/11/2015 DEPARTMENT OF INDUSTRIAL RELATIONS 700.00 0.00 700.00 AP 00356230 03/11/2015 DEPARTMENT OF JUS'T'ICE 6,253.00 0.00 6,253.00 AP 00356231 03/I1/2015 DOUGLAS MOTORCYCLES 4,000.00 0.00 4,000.00 AP 00356232 03/11/2015 DUMBELL MAN FITNESS EQUIPMENT.THE 450.00 0.00 450.00 AP 00356233 03/I 1/2015 DUNN.ANN MARIE 361.80 0.00 361.80 AP 00356234 03/11/2015 EASY TO GET WIRELESS 818.00 0.00 818.00 AP 00356235 03/11/2015 EDWARD PROFESSIONAL ADVESIORS 2,550.00 0.00 2,550.00 AP 00356236 03/11/2015 ELECTRONICS WAREHOUSE 86.13 0.00 86.13 AP 00356237 03/I1/2015 EMPLOYMENT DEVELOPMENT DEPT. 17,820.00 0.00 17.820.00 AP 00356238 03/I 1/2015 ENN GEE CORI'. 2,867.50 0.00 2,867.50 AP 00356239 03/I 1/2015 ENRIQUEZ,ALICE 76.00 0.00 76.00 AP 00356240 03/I1/2015 ESKANDER,NASHAAT 20.00 0.00 20.00 AP 00356241 03/11/2015 EXPERIAN 52.00 0.00 52.00 AP 00356242 03/I1/2015 EXPRESS BRAKE SUPPLY 1,395.05 0.00 1,395.05 AP 00356243 03/I1/2015 FEDERAL EXPRESS CORI' 110.43 0.00 110.43 AP 00356244 03/11/2015 FIRST VETERINARY SUPPLY 716.12 0.00 716.12 AP 00356245 03/11/2015 FLEET SERVICES INC. 0.00 172.74 172.74 AP 00356246 03/11/2015 FOREST CITY 900.00 0.00 900.00 AP 00356247 03/11/2015 FREUDE, DAWN 272.14 0.00 272.14 AP 00356248 03/11/2015 FRIENDS OF DIANE WILLIAMS 283.92 0.00 283.92 AP 00356249 03/11/2015 FUND RAISERS LTD 242.84 0.00 242.84 AP 00356250 03/I 1/2015 GATEWAY PET CEMETERY AND CREMATORY 400.00 0.00 400.00 AP 00356251 03/11/2015 GEOGRAPHICS 4,893.65 0.00 4,893.65 AP 00356252 03/I1/2015 GIORDANO, MARIANNA 111.00 0.00 111.00 AP 00356253 03/11/2015 GLOBALSTAR 0.18 0.00 0.18 User: VLOPEZ- VERONICA LOPEZ Page: 2 Current Date: 03/25/2015 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 16:17:05 CITY OF RANCHO CUCAMONGA P18 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register • 3/11/2015 through 3/24/2015 Check No. Check Date Vendor Name City Fire Amount AP 00356254 03/11/2015 GOMEZ,ROSA 250.00 0.00 250.00 AP 00356255 03/11/2015 GOODYEAR TIRE& RUBBER COMPANY 4,598.23 0.00 4,598.23 AP 00356256 03/11/2015 GRAINGER 794.48 307.74 1,102.22"' AP 00356257 03/11/2015 GRAPHICS FACTORY INC. 199.80 0.00 199.80 AP 00356258 03/11/2015 GRAYDON,RONALD 76.00 0.00 76.00 AP 00356259 03/11/2015 HANLON,WILLIAM C. 283.92 0.00 283.92 AP 00356260 03/11/2015 HDL COREN AND CONE 4,200.00 0.00 4,200.00 AP 00356261 03/11/2015 IIEILIG,KELLY 541.50 0.00 541.50 Al' 00356262 03/11/2015 HENRY SCHEIN ANIMAL HEALTH SUPPLY 1.253.27 0.00 1,253.27 AP 00356263 03/11/2015 HERITAGE EDUCATION GROUP 281.00 0.00 281.00 AP 00356264 03/11/2015 HILL'S PET NUTRITION 2.029.23 0.00 2,029.23 AP 00356265 03/11/2015 HIRSCH,COREY 90.00 0.00 90.00 AP 00356266 03/11/2015 HOME DEPOT CREDIT SERVICES 645 132.09 0.00 132.09 AP 00356267 03/11/2015 1100D, KARYE 125.93 0.00 125.93 AP 00356268 03/11/2015 HOSE HEAVEN 586.61 0.00 586.61 AP 00356269 03/11/2015 HOSE MAN INC 89.40 0.00 89.40 AP 00356270 03/11/2015 HOYT LUMBER CO.,SM 0.00 21.81 21.81 AP 00356271 03/11/2015 HUMANE SOCIETY OF SAN BERNARDINO VALLEY IN' 225.00 0.00 225.00 Al' 00356272 03/11/2015 IDLXX DISTRIBUTION INC 834.75 0.00 834.75 AP 00356273 03/I 1/2015 IGNITE ENTERPRISES,I,LC 10,000.00 0.00 10,000.00 AP 00356274 03/11/2015 INDEPENDENT ROOFING CONSULTANTS 1,500.00 0.00 1,500.00 AP 00356275 03/11/2015 INDERWIESCHE,MATT' 942.60 0.00 942.60 AP 00356276 03/11/2015 INLAND EMI'IRE LANDSCAPE INC 3,100.00 0.00 3,100.00 AP 00356277 03/11/2015 INLAND EMPIRE TOURS AND TRANSPORTATION 1,603.00 0.00 1,603.00 AP 00356278 03/11/2015 INLAND PRESORT& MAILING SERVICES 50.72 0.00 50.72 AP 00356279 03/11/2015 INLAND VALLEY DANCE ACADEMY 2,079.70 0.00 2,079.70 AP 00356280 03/11/2015 INLAND VALLEY EMERGENCY PET CLINIC 222.50 0.00 222.50 AP 00356281 03/11/2015 INSIGHT PUBLIC SECTOR INC 8,986.03 575.83 9,561.86 s" AP 00356282 03/11/2015 INTERVET INC 4,745.25 0.00 4,745.25 AP 00356283 03/11/2015 11)C INC 14,416.00 0.00 14,416.00 AP 00356284 03/11/2015 JOHN BURR CYCLES INC 83.98 0.00 83.98 AP 00356285 03/11/2015 JOHNNY ALLEN TENNIS ACADEMY 4,864.80 0.00 4.864.80 AP 00356286 03/11/2015 JOHNSON LIFT HYSTER 108.68 0.00 108.68 AP 00356287 03/11/2015 JONES AND MAYER, LAW OFFICES OF 1,200.00 80.00 1,280.00"' Al' 00356288 03/11/2015 JRC HOUSING 2,885.00 0.00 2,885.00 AP 00356289 03/11/2015 KVAC ENVIRONMENTAL SERVICES INC 870.00 0.00 870.00 AP 00356290 03/11/2015 KONE INC 613.67 0.00 613.67 AP 00356291 03/11/2015 KRIEGER.ED 300.00 0.00 300.00 AP 00356292 03/11/2015 KVAC ENVIRONMENTAL SERVICES INC 0.00 50.00 50.00 AP 00356293 03/11/2015 LAKESHORE LEARNING MATERIALS 1,417.81 0.00 1,417.81 AP 00356294 03/11/2015 I,AURIN, DUSTY 75.00 0.00 75.00 Al' 00356295 03/11/2015 LAWSON PRODUCTS INC 0.00 1,153.66 1,153.66 AI' 00356296 03/11/2015 LINDA RYAN REPORTING 1,189.50 0.00 1,189.50 AP 00356297 03/11/2015 LINGER, MARION 76.00 0.00 76.00 AP 00356298 03/11/2015 LOCAL GOVERNMENT COMMISSION 75.00 0.00 75.00 AP 00356299 03/11/2015 LOCUITO,REBECCA 27.00 0.00 27.00 AP 00356300 03/11/2015 LOS ANGELES FREIGHTLINER 47.76 0.00 47.76 User: VLOPEZ- VERONICA LOPEZ Page: 3 Current Date: 03/25/2015 Report:CK AGENDA REG PORTRAIT CONSOLIDATED- CK: Agenda Check Register Portrait I Time: 16:17:05 CITY OF RANCHO CUCAMONGA P19 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/11/2015 through 3/24/2015 Check No. Cheek Dale Vendor Name City Fire Amount AP 00356303 03/11/2015 LOWES COMPANIES INC. 5.616.61 715.94 6,332.55 *** AP 00356304 03/11/2015 LUL ZEGU 75.92 0.00 75.92 AP 00356305 03/11/2015 LYNNE KENNEDY FOR CITY COUNCIL 283.92 0.00 283.92 - AP 00356306 03/11/2015 MANDALA,TONY V 500.00 0.00 500.00 AP 00356307 03/11/2015 MARSHALL,SYLVIA 1,387.80 0.00 1,387.80 AP 00356308 03/11/2015 MARY S ROBERTS SPAY/NEUTER CLINIC 50.00 0.00 50.00 AP 00356309 03/11/2015 MCFADDEN DALE HARDWARE 80.57 0.00 80.57 AP 00356310 03/11/2015 MESA GRANDE ACADEMY 825.00 0.00 825.00 AP 00356311 03/11/2015 MIDWEST TAPE 461.18 0.00 461.18 AP 00356312 03/11/2015 MIJAC ALARM COMPANY 102.00 0.00 102.00 AP 00356313 03/11/2015 MOE,JOHN 168.00 0.00 168.00 AP 00356314 03/11/2015 MOFFATT,JAMES LEO 283.92 0.00 283.92 AP 00356315 03/11/2015 MORRIS, RICHARD 273.00 0.00 273.00 AP 00356316 03/11/2015 MURADIAN,LESLIE 400.00 0.00 400.00 AP 00356317 03/I 1/2015 NAPA AUTO PARTS 195.77 0.00 195.77 Al' 00356318 03/I 1/2015 NINYO& MOORE 2,679.75 0.00 2,679.75 AP 00356319 03/I 1/2015 OCCUPATIONAL HEAL FH CTRS OF CA 133.22 0.00 133.22 AP 00356321 03/I 1/2015 OFFICE DEPOT 8,737.46 419.41 9,156.87 *** AP 00356322 03/11/2015 OLLAR CONSTRUCTION CO INC 10,000.00 0.00 10,000.00 AP 00356323 03/I1/2015 OLS SERVICE INC. 1,241.16 0.00 1,241.16 AP 00356324 03/11/2015 ONQUE TECLINOLOGIES INC 428.93 0.00 428.93 AP 00356326 03/I1/2015 ONTARIO SPAY AND NEUTER INC 2,180.00 0.00 2.180.00 AP 00356327 03/11/2015 ONTARIO WINNELSON CO 371.60 0.00 371.60 AP 00356328 03/I1/2015 ONTARIO,CITY OF 115.86 0.00 115.86 AP 00356329 03/11/2015 OPARC 748.00 0.00 748.00 AP 00356330 03/11/2015 ORTIZ,ANDY 54.06 0.00 54.06 AP 00356331 03/11/2015 PACIFIC ADVANCED CIVIL ENGINEERING 10,250.00 0.00 10,250.00 AP 00356332 03/11/2015 PALMER.MARIE FRANCES 61.77 0.00 61.77 AP 00356333 03/11/2015 PATEL.TERESA 102.00 0.00 102.00 AP 00356334 03/11/2015 PATTON SALES CORP 0.00 1.111.71 1,111.71 AP 00356335 03/11/2015 PEP BOYS 70.18 0.00 70.18 AP 00356336 03/11/2015 PEREZ,GAI3RIEL 75.00 0.00 75.00 AP 00356337 03/11/2015 PETERSON HYDRAULICS INC 0.00 6,248.48 6,248.48 AP 00356338 03/11/2015 PFTES ROAD SERVICE INC 1,530.42 0.00 1,530.42 AP 00356339 03/11/2015 FILCHER, ELENA 110.00 0.00 110.00 AP 00356340 03/I 1/2015 PIP PRINTING 327.08 0.00 327.08 AP 00356341 03/11/2015 PITNEY 130WES 25.000.00 0.00 25,000.00 AP 00356342 03/11/2015 POWER PLAY YOUTH ATHLETICS 910.00 0.00 910.00 AP 00356343 03/11/2015 PRECISION GYMNASTICS 2,890.30 0.00 2,890.30 AP 00356344 03/11/2015 PRIME GLASS 452.14 0.00 452.14 AP 00356345 03/I 1/2015 PRIS'T'INE UNIFORMS LLC 0.00 310.99 310.99 AP 00356346 03/11/2015 PRO-PLANET INDUSTRIAL SUPPLY 652.44 0.00 652.44 AP 00356347 03/11/2015 RANCHO CUCAMONGA LIBRARY FOUNDATION 0.00 200.00 200.00 AP 00356348 03/11/2015 RANCHO REGIONAL VETERINARY HOSPITAL INC 200.00 0.00 200.00 AP 00356349 03/11/2015 RAULS AUTO TRIM INC 132.00 0.00 132.00 AP 00356350 03/I 1/2015 REM LOCK AND KEY SERVICE 3.78 0.00 3.78 AP 00356351 03/I 1/2015 RED HELMET TRAINING INC 0.00 750.00 750.00 User: VLOPEZ- VERONICA LOPEZ Page: 4 Current Date: 03/25/2015 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait L Time: 16:17:05 CITY OF RANCHO CUCAMONGA P20 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/11/2015 through 3/24/2015 Check No. Check Date Vendor Name City Fire Amount AP 00356352 03/11/2015 RP WHITE CO INC 4,059.16 0.00 4,059.16 AP 00356353 03/11/2015 RICHARDS WATSON AND GERSHON 37,340.22 0.00 37,340.22 AP 00356354 03/11/2015 RIPPETOE LAW P C 20,771.92 0.00 20,771.92 Al' 00356355 03/11/2015 ROI3LES, RAUL P 552.00 0.00 552.00 AI' 00356356 03/11/2015 ROCKN, FAKERY 275.00 0.00 275.00 Al' 00356357 03/11/2015 RODRIGUEZ INC, RY 1,796.45 0.00 1,796.45 Al' 00356358 03/11/2015 SAFE DESIGNS INC 572.26 0.00 572.26 AP 00356359 03/11/2015 SAFE:ENTRY TECHNICAL INC 0.00 300.00 300.00 AP 00356360 03/I 1/2015 SAN BERNARDINO COUNTY SHERIFFS DEPT 724.88 0.00 724.88 Al' 00356361 03/11/2015 SAN 13ERNARDINO COUNTY REGISTRAR OF VOTERS 60.294.00 0.00 60,294.00 AP 00356362 03/11/2015 SAN BERNARDINO CTY 0.00 10.460.56 10,460.56 Al' 00356363 03/11/2015 SC FUELS 0.00 6,566.92 6,566.92 Al' 00356364 03/11/2015 SCOTT F FORMAN M D 1,600.00 0.00 1,600.00 AP 00356365 03/11/2015 SECURITY BANK OF CALIFORNIA ' 0.00 20,487.78 20.487.78 AP 00356366 03/I 1/2015 SHORT LOAD CONCRETE 287.28 0.00 287.28 AP 00356367 03/11/2015 SHRED PROS 0.00 45.00 , 45.00 AP 00356368 03/11/2015 SIEMENS INDUSTRY INC 1,685.38 0.00 1,685.38 AP 00356369 03/11/2015 SIGMANE'I' 17,600.00 0.00 17,600.00 AP 00356370 03/11/2015 SIGN SHOP,THE 158.76 0.00 158.76 AP 00356371 03/11/2015 SILVER,EDNA 76.00 0.00 76.00 AI' 00356372 03/11/2015 SIMS,ANDREW 105.00 0.00 105.00 Al' 00356373 03/11/2015 SMARTI.I'I'E 150.00 0.00 150.00 Al' 00356374 03/11/2015 SO CALIF GAS COMPANY 1,084.30 234.59 1,318.89**" Al' 00356375 03/11/2015 SO CALIF GAS COMPANY 1,578.29 0.00 1,578.29 AP 00356376 03/11/2015 SOCIAL,VOCATIONAL SERVICES 3,080.00 0.00 3,080.00 Al' 00356377 03/11/2015 SOUTH COAST AQMD 0.00 451.57 451.57 AI' 00356381 03/11/2015 SOUTHERN CALIFORNIA EDISON 26,871.82 640.07 27,511.89*"" Al' 00356382 03/11/2015 SOUTHERN CALIFORNIA EDISON 967.47 0.00 967.47 Al' 00356383 03/11/2015 SOUTHERN COUNTIES LUBRICANTS LLC 0.00 4,617.60 4,617.60 AP 00356384 03/11/2015 SOUTH LAND FARMERS MARKET ASSOC INC 1,538.00 0.00 1,538.00 AP 00356385 03/11/2015 STANDARD INSURANCE COMPANY 19,193.69 0.00 19,193.69 AP 00356386 03/11/2015 S'TANKEVI'TZ, RICHARD 25.20 0.00 25.20 AP 00356387 03/11/2015 STATE PERMITS INC 320.00 0.00 320.00 AP 00356388 03/11/2015 STERICYCLE INC 2,293.43 0.00 2,293.43 AP 00356389 03/11/2015 TERMINIX PROCESSING CENTER 0.00 162.00 162.00 Al' 00356390 03/11/2015 TERRA VISTA ANIMAL HOSPITAL 375.00 0.00 375.00 AP 00356391 03/11/2015 TONG, WENDY Y 3,075.00 0.00 3,075.00 Al' 00356392 03/11/2015 TORGA ELECTRIC 11,172.00 0.00 11,172.00 AP 00356393 03/11/2015 TUCKERMAN, BARB 163.84 0.00 163.84 AP 00356394 03/11/2015 TULLAR, DAVID 15.00 0.00 15.00 AP 00356395 03/11/2015 U.S. BANK PARS ACCT#6746022500 15,217.20 0.00 15,217.20 AP 00356396 03/11/2015 U.S. BANK PARS ACCT#6746022500 959.21 0.00 959.21 AP 00356397 03/11/2015 UNITED PACIFIC SERVICES INC 15.540.00 0.00 15,540.00 AP 00356398 03/11/2015 UPLAND ANIMAL HOSPITAL 175.00 0.00 175.00 AP 00356399 03/11/2015 UPS 186.00 0.00 186.00 AP 00356401 03/11/2015 VERIZON CALIFORNIA 7,104.79 414.21 7,519.00*** AP 00356402 03/11/2015 VICTOR MEDICAL COMPANY 3,290.34 0.00 3,290.34 User: VLOPEZ- VERONICA LOPEZ Page: 5 Current Date: 03/25/2015 Report:CK AGENDA REG PORTRAIT CONSOLIDATED- CK: Agenda Check Register Portrait L Time: 16:17:05 • CITY OF RANCHO CUCAMONGA P21 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/11/2015 through 3/24/2015 Check No. Cheek Date Vendor Name City Fire Amount AP 00356403 03/I 1/2015 VICTORIA ANIMAL HOSPITAL 350.00 0.00 350.00 AP 00356404 03/11/2015 VIGILANT SOLUTIONS 9,612.00 0.00 9,612.00 AP 00356405 03/11/2015 VISION COMMUNICATIONS CO 152.88 0.00 152.88 AP 00356406 03/11/2015 VISION SERVICE PLAN CA 10,681.28 0.00 10,681.28 AP 00356407 03/11/2015 WALTERS WHOLESALE ELECTRIC CO 1.516.15 0.00 1,516.15 AP 00356408 03/11/2015 WARREN&CO INC,CARL 2,927.82 0.00 2,927.82 AP 00356409 03/11/2015 WATER MILL HOMES INC 662.00 0.00 662.00 AP 00356410 03/I1/2015 WAXIE SANITARY SUPPLY 4.776.65 52.35 4,829.00*** AP 00356411 03/11/2015 WESTERN MEDICAL SUPPLY INC 258.12 0.00 258.12 AP 00356412 03/11/2015 WILSON AND BELL 847.56 0.00 847.56 AP 00356413 03/11/2015 WINZER CORPORATION 1,380.37 0.00 1,380.37 AP 00356414 03/I 1/2015 ZEP MANUFACTURING COMPANY 585.42 0.00 585.42 AP 00356415 03/11/2015 ZOEI'IS 179.40 0.00 179.40 AP 00356416 03/12/2015 ABC LOCKSMITHS 651.41 0.00 651.41 AP 00356417 03/12/2015 AIRGAS USA LLC 7.360.91 0.00 7,360.91 AP 00356420 03/12/2015 BRODART BOOKS 4,504.22 0.00 4,504.22 AP 00356421 03/12/2015 CALSENSE 7,841.93 0.00 7,841.93 AP 00356422 03/12/2015 CITRUS MOTORS ONTARIO INC 370.09 456.04 826.13*** AP 00356425 03/12/2015 CUCAMONGA VALLEY WATER DISTRICT 22,563.54 682.25 23,245.79*** AP 00356426 03/12/2015 DUNN EDWARDS CORPORATION 1,552.31 0.00 1,552.31 AP 00356427 03/12/2015 EMCOR SERVICE 18,095.35 0.00 18,095.35 AP 00356428 03/12/2015 EWING IRRIGATION PRODUCTS 297.01 0.00 297.01 AP 00356429 03/12/2015 FORD OF UPLAND INC 23.19 0.00 23.19 AP 00356430 03/12/2015 HOLLIDAY ROCK CO INC 2.399.72 0.00 2,399.72 AP 00356431 03/12/2015 INLAND VALLEY DAILY BULLETIN 6,909.18 0.00 6,909.18 AP 00356432 03/12/2015 IIZONMAN PARTS AND SERVICES 1,600.00 0.00 L600.00 AP 00356433 03/12/2015 KME FIRE APPARA'T'US 0.00 42,982.98 42,982.98 AP 00356434 03/12/2015 LIMS AUTO INC 6,240.62 0.00 6,240.62 AP 00356435 03/12/2015 MERIAL LIMITED 153.67 0.00 153.67 AP 00356436 03/12/2015 MWI VETERINARY SUPPLY 142.56 0.00 142.56 AP 00356437 03/12/2015 SIMPLOT PARTNERS 923.09 0.00 923.09 AP 00356438 03/12/2015 'T'ARGET SPECIALTY PRODUCTS 2,603.54 0.00 2,603.54 AP 00356439 03/12/2015 UNIFIRST UNIFORM SERVICE 0.00 274.97 274.97 AP 00356440 03/12/2015 VISTA PAINT 4.06 0.00 4.06 AP 00356441 03/18/2015 10-8 RETROFIT INC. 710.73 0.00 710.73 AP 00356442 03/18/2015 909 MAGAZINE 550.00 0.00 550.00 AP 00356443 03/18/2015 ACEY DECY EQUIPMENT INC. 1.059.65 0.00 1,059.65 AP 00356444 03/18/2015 ACTIVE NE'T'WORK,THE 2,125.00 0.00 2,125.00 AP 00356445 03/18/2015 ADAPT CONSULTING INC 0.00 644.00 644.00 AP 00356446 03/18/2015 ADOBE ANIMAL HOSPITAL 550.00 0.00 550.00 AP 00356447 03/18/2015 AFLAC GROUP INSURANCE 79.40 0.00 79.40 AP 00356448 03/18/2015 AFLAC GROUP INSURANCE 6,843.06 0.00 6,843.06 AP 00356449 03/18/2015 ALL CITIES TOOLS 161.73 0.00 161.73 AP 00356450 03/18/2015 ALLIED BARTON SECURITY SERVICES LLC 23,951.33 0.00 23,951.33 AP 00356451 03/18/2015 ALPHAGRAPHICS 1,044.13 0.00 1.044.13 AP 00356452 03/18/2015 ALVAREZ, RUBEN 500.00 0.00 500.00 AP 00356453 03/18/2015 AMERINAT'IONAL COMMUNITY SERVICES INC. 280.00 0.00 280.00 User: VLOPEZ- VERONICA LOPEZ Page: 6 Current Date: 03/25/2015 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 16:17:05 CITY OF RANCHO CUCAMONGA P22 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/11/2015 through 3/24/2015 Check No. Check Date Vendor Name City Fire Amount AP 00356454 03/18/2015 ANIMAL DERMATOLOGY CLINIC TUSTIN 385.33 0.00 385.33 AP 00356455 03/18/2015 ARCHIBALD PET HOSPITAL 350.00 0.00 350.00 AP 00356456 03/18/2015 ARROW TRAILER SUPPLIES INC 42.88 0.00 42.88 AP 00356457 03/18/2015 AUTO AND RV SPECIALISTS INC. 84.06 0.00 84.06 AP 00356458 03/18/2015 B.STEPHEN COOPERAGE INC. 492.48 0.00 492.48 AP 00356459 03/18/2015 BALLOONS N'MORE 752.00 0.00 752.00 AP 00356460 03/18/2015 BANK OF AMERICA MERRILL LYNCII 0.00 4,341.41 4,341.41 AP 00356461 03/18/2015 BASELINE ANIMAL HOSPITAL 450.00 0.00 450.00 AP 00356462 03/18/2015 BATTERY POWER INC 489.89 0.00 489.89 AP 00356463 03/18/2015 BAYER HEALTHCARE t.I,C 2.18 0.00 2.18 AP 00356464 03/18/2015 BILL AND WAGS INC 109.69 0.00 109.69 AP 00356465 03/18/2015 CAL PERS LONG TERM CARE 309.52 0.00 309.52 AP 00356466 03/18/2015 CALIFORNIA BOARD OF EQUALIZATION,STATE OF . 596.00 0.00 596.00 AP 00356467 03/18/2015 CALIFORNIA FRANCHISE TAX BOARD 60.00 0.00 60.00 AP 00356468 03/18/2015 CALIFORNIA FRANCHISE TAX BOARD 55.00 0.00 55.00 Al' 00356469 03/18/2015 CALIFORNIA FRANCHISE TAX BOARD 50.00 0.00 50.00 AP 00356470 03/18/2015 CALIFORNIA FRANCHISE TAX BOARD 186.75 0.00 186.75 AP 00356471 03/18/2015 CALIFORNIA MUNICIPAL STATISTICS INC 450.00 0.00 450.00 AP 00356472 03/18/2015 CAPITAL ONE COMMERCIAL 901.56 3.824.15 4.725.71 """ AP 00356473 03/18/2015 CARQUEST AUTO PARTS 141.76 0.00 141.76 AP 00356474 03/18/2015 CARSON,DANIEL • 0.00 260.00 260.00 AP 00356475 03/18/2015 CENTERPOINTE CONTRACTORS 5.000.00 0.00 5,000.00 AP 00356476 03/18/2015 CINTAS CORP.#150 965.51 0.00 965.51 AP 00356477 03/18/2015 CLAREMONT COURIER 200.00 0.00 200.00 AP 00356478 03/18/2015 CLARK.KAREN 773.10 0.00 773.10 AP 00356479 03/18/2015 CLEAR COAST CONSTRUCTION 160.00 0.00 160.00 AP 00356480 03/18/2015 CLEARWATER GRAPHICS INC 4,989.60 0.00 4,989.60 AP 00356481 03/18/2015 COLD DUCK PRODUCTIONS INC. 500.00 0.00 500.00 AP 00356482 03/18/2015 CONSOLIDATED ELECTRICAL DIST'RII3UTORS INC 102.06 0.00 102.06 AP 00356483 03/18/2015 CRIME SCENE STERI-CLEAN LLC 540.00 0.00 540.00 AP 00356484 03/18/2015 CROP PRODUCTION SERVICES INC 15,607.23 0.00 15,607.23 AP 00356485 03/18/2015 D& D SERVICES INC. 430.00 0.00 430.00 AP 00356486 03/18/2015 D AND K CONCRETE COMPANY 559.44 0.00 559.44 AP 00356487 03/18/2015 D.R. HORTON LOS ANGELES HOLDING CO. 220.32 0.00 220.32 Al' 00356488 03/18/2015 DE LA ROSA. DIEGO 500.00 0.00 500.00 AP 00356489 03/18/2015 DEPT.OF RESOURCES RECYCLING AND RECOVERY 700.00 0.00 700.00 AP 00356490 03/18/2015 DISCOUNT TWO-WAY RADIO 1.195.94 0.00 1.195.94 AP 00356491 03/18/2015 DLIMAGING 7,043.59 0.00 7,043.59 AP 00356492 03/18/2015 DUNN.ANN MARIE 112.50 0.00 112.50 Al' 00356493 03/18/2015 DURKEL.CAROL 109.76 0.00 109.76 AP 00356494 03/18/2015 ENKO SYSTEMS 4,759.30 0.00 4,759.30 AP 00356495 03/18/2015 ESI ACQUISITIONS INC 22,725.00 750.00 23,475.00"I' AP 00356496 03/18/2015 EXPRESS BRAKE SUPPLY 76.15 0.00 76.15 AP 00356497 03/18/2015 FEDERAL EXPRESS CORP 13.65 0.00 13.65 AP 00356498 03/18/2015 FIRST CLASS HEATING&AIR 4,000.00 0.00 4,000.00 AP 00356499 03/18/2015 FIRST CLASS HEATING&AIR 500.00 0.00 500.00 Al' 00356500 03/18/2015 FIRST CLASS HEATING&AIR 250.00 0.00 250.00 User: VLOPEZ- VERONICA LOPEZ Page: 7 Current Date: 03/25/2015 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 16:17:05 CITY OF RANCHO CUCAMONGA P23 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/11/2015 through 3/24/2015 Check No. Check Date Vendor Name City Fire Amount AI' 00356501 03/18/2015 FRAZEE PAINT CENTER 108.59 0.00 108.59 AI' 00356502 03/18/2015 FRS ENVIRONMENTAL 552.00 0.00 552.00 AI' 00356503 03/18/2015 GARCIA,VIVIAN 72.00 0.00 72.00 AP 00356504 03/18/2015 GATEWAY PET CEMETERY AND CREMATORY 320.00 0.00 320.00 AP 00356505 03/18/2015 GOLDEN STATE RISK MANAGEMENT AUTHORITY 112,676.00 1,127.00 113,803.00*** AP 00356506 03/18/2015 GRAINGER 432.57 0.00 432.57 AP 00356507 03/18/2015 H&H GENERAL CONTRACTORS INC 249,704.97 0.00 249,704.97 AP 00356508 03/18/2015 HERITAGE EDUCATION GROUP 448.00 0.00 448.00 AP 00356509 03/18/2015 111 WAY SAFETY INC 423.10 0.00 423.10 AP 00356510 03/18/2015 HILLS PET NUTRITION SALES INC 916.86 0.00 916.86 AP 00356511 03/18/2015 HOME DEPOT CREDIT SERVICES 645 673.87 0.00 673.87 Al' 00356512 03/18/2015 HOSE MAN INC 311.35 0.00 311.35 AP 00356513 03/18/2015 HUMANE SOCIETY OF SAN BERNARDINO VALLEY IN1 75.00 0.00 75.00 Al' 00356514 03/18/2015 IE INC 101.33 0.00 101.33 AP 00356515 03/18/2015 IMPRESSIONS GOURMET CATERING 3.348.00 0.00 3,348.00 AP 00356516 03/18/2015 INDUSTRIAL SUPPLY CO INC 224.46 . 0.00 224.46 AI' 00356517 03/18/2015 INTERNATIONAL FOOTPRINT ASSOCIATION 180.00 0.00 180.00 AI' 00356518 03/18/2015 JACK E ENTER AND ASSOCIATES INC 193.50 0.00 193.50 AP 00356519 03/18/2015 JDC INC 40,201.00 0.00 40,201.00 AP 00356520 03/18/2015 JERKINS, PATRICK 0.00 114.78 114.78 AP 00356521 03/18/2015 JOHNSON LIFT HYSTER 239.26 0.00 239.26 AP 00356522 03/18/2015 JRC HOUSING 9,795.00 0.00 . 9.795.00 AP 00356523 03/18/2015 KENNEDY EQUIPMENT INC 1,183.00 0.00 1,183.00 AI' 00356524 03/18/2015 KLAUS AND SONS 425.00 0.00 425.00 AP 00356525 03/18/2015 LAWRENCE,ASHLEY 200.00 0.00 200.00 AP 00356526 03/18/2015 LIM,REBEKAH 40.50 0.00 40.50 AP 00356527 03/18/2015 LINNELL,SHERRY 1.044.41 0.00 1,044.41 AP 00356528 03/18/2015 LITTLE BEAR PRODUCTIONS 1,400.00 0.00 1,400.00 AP 00356529 03/18/2015 LIVE OAK DOG OBEDIENCE 243.00 0.00 243.00 AP 00356530 03/18/2015 LOS ANGELES FREIGHTLINER 557.34 0.00 557.34 Al' 00356531 03/18/2015 MAIN STREET SIGNS 4.194,88 0.00 4,194.88 Al' 00356532 03/18/2015 MARIPOSA LANDSCAPES INC 60,086.55 4,559.98 64,646.53*** Al' 00356533 03/18/2015 MARSHALL,SYLVIA 237.60 0.00 237.60 AP 00356534 03/18/2015 MARTINEZ TOWING 45.00 0.00 45.00 AP 00356535 • 03/18/2015 MATERIAL SALES UNLIMITED 1,964.30 0.00 1,964.30 AP 00356536 03/18/2015 MAXWELL.ANTHONY 24.00 0.00 24.00 AP 00356537 03/18/2015 MCFADDEN DALE HARDWARE 152.87 0.00 152.87 AI' 00356538 03/18/2015 MEINEKE CAR CARE CENTER 45.00 0.00 45.00 AP 00356539 03/18/2015 MIDWEST TAPE 907.68 0.00 907.68 AP 00356540 03/18/2015 MINUTEMAN PRESS 370.98 0.00 370.98 AP 00356541 03/18/2015 MITSUBISHI ELECTRIC& ELECTRONICS USA INC 626.95 0.00 626.95 AI' 00356542 03/18/2015 MOUNTAIN VIEW SMALL ENG REPAIR 2,587.73 0.00 2,587.73 AP 00356543 03/18/2015 MSA INLAND EMPIRE/DESERT CHAPTER 1,100.00 0.00 1,100.00 AP 00356544 03/18/2015 N-III INCORPORATED 831.60 0.00 831.60 AP 00356545 03/18/2015 NAPA AUTO PARTS 36.88 0.00 36.88 AP 00356546 03/18/2015 NHS 14,575.00 0.00 14,575.00 AP 00356547 03/18/2015 NEWCOMB ANDERSON MCCORMICK INC 5,295.00 3,530.00 8,825.00*** User: VLOPEZ- VERONICA LOPEZ Page: 8 Current Date: 03/25/2015 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait L Time: 16:17:05 CITY OF RANCHO CUCAMONGA P24 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/11/2015 through 3/24/2015 Check No. Check Date Vendor Name City Fire Amount AP 00356548 03/18/2015 NEXGEN 513.71 0.00 513.71 AP 00356549 03/18/2015 NEXTEL - 0.00 164.97 164.97 AP 00356550 03/18/2015 OCCUPATIONAL HEALnI CTRS OF CA 2,848.00 0.00 2,848.00 AP 00356552 03/18/2015 OFFICE DEPOT 6,456.70 0.00 6,456.70 AP 00356553 03/18/2015 PACIFIC TRUCK EQUIPMENT 1,035.50 0.00 1,035.50 AP 00356554 03/18/2015 PACIFIC YOUTH SPORTS 1,288.00 0.00 1,288.00 AP 00356555 03/18/2015 PAL CAMPAIGN 10.00 0.00 10.00 AP 00356556 03/18/2015 PARS 3,500.00 0.00 3,500.00 AP 00356557 03/18/2015 PASCALE,ROBERT 75.00 0.00 75.00 AP 00356558 03/18/2015 PEP BOYS 34.54 0.00 34.54 AP 00356559 03/18/2015 PEPSI-COLA 1,377.30 0.00 1,377.30 AP 00356560 03/18/2015 PREPAID LEGAL SERVICES INC 84.24 0.00 84.24 AP 00356561 03/18/2015 PRO SALES GROUP INC 4.075.33 0.00 4,075.33 AP 00356562 03/18/2015 R AND R AUTOMOTIVE 1.823.23 0.00 1.823.23 AP 00356563 03/18/2015 R&H THEATRICALS 8,698.50 0.00 8,698.50 AP 00356564 03/18/2015 RANCHO CUCAMONGA QUAKES 12,100.00 0.00 12,100.00 AP 00356565 03/18/2015 RANCHO DISPOSAL SERVICES INC 160.00 0.00 160.00 AP 00356566 03/18/2015 RBM LOCK AND KEY SERVICE 42.66 0.00 42.66 AP 00356567 03/18/2015 RDO EQUIPMENT CO 55.92 0.00 55.92 AP 00356568 03/18/2015 RED WING SHOE STORE 1,134.67 0.00 1,134.67 AP 00356569 03/18/2015 RICHARDS WATSON AND GERSHON 3.290.00 0.00 3,290.00 AP 00356570 03/18/2015 RISE INTERPRETING INC 600.00 0.00 600.00 AP 00356571 03/18/2015 ROBBINS,MARLENE 53.06 0.00 53.06 AP 00356572 03/18/2015 ROBLES, RAUL P 155.00 0.00 155.00 AP 00356573 03/18/2015 RODRIGUEZ INC,RY 532.50 0.00 532.50 AP 00356574 03/18/2015 SAFEWAY SIGN COMPANY 769.01 0.00 769.01 AP 00356575 03/18/2015 SAMS CLUB/SYNCI IRONY BANK 179.30 0.00 179.30 AP 00356576 03/18/2015 SAN BERNARDINO COUNTY DEPT PUBLIC WORKS 57.50 0.00 57.50 AP 00356577 03/18/2015 SAN BERNARDINO cry AUDITOR CONTROLLER REC( 25.00 0.00 25.00 AP 00356578 03/18/2015 SAN BERNARDINO,CITY OF 957.22 0.00 957.22 AP 00356579 03/18/2015 SBI'EA 736.40 0.00 736.40 AP 00356580 03/18/2015 SERVICE SOLUTIONS GROUP 56.29 0.00 56.29 AP 00356581 03/18/2015 SEXTON,SHEILA 6.00 0.00 6.00 AP 00356582 03/18/2015 SHEAKLEY PENSION ADMINISTATION 290.10 0.00 290.10 AP 00356583 03/18/2015 SHEAKLEY PENSION ADMINISTATION 155.80 0.00 155.80 AP 00356584 03/18/2015 SHERIFFS COURT SERVICES 93.38 0.00 93.38 AP 00356585 03/18/2015 SHERIFFS COURT SERVICES 150.00 0.00 150.00 AP 00356586 03/18/2015 SHOETERIA 354.72 0.00 354.72 AP 00356587 03/18/2015 SHORT LOAD CONCRETE 319.68 0.00 319.68 AP 00356588 03/18/2015 SMITH,JENNIFER L 1,030.51 0.00 1,030.51 AP 00356589 03/18/2015 SOLAR CITY CORPORATION 7.00 0.00 7.00 AP 00356594 03/18/2015 SOUTHERN CALIFORNIA EDISON 32,734.47 1,630.03 34,364.50"• AP 00356595 03/18/2015 SOUTHERN CALIFORNIA EDISON 10,719.29 0.00 10,719.29 AP 00356596 03/18/2015 SOU'I'HLAND FARMERS MARKET ASSOC INC 905.00 0.00 905.00 AP 00356597 03/18/2015 SOU'I'HLAND SPORTS OFFICIALS 322.00 0.00 322.00 AP 00356598 03/18/2015 STANDARD INSURANCE COMPANY 15,853.03 0.00 15,853.03 AP 00356599 03/18/2015 STERICYCLE INC 999.71 0.00 999.71 User: VLOPEZ- VERONICA LOPEZ Page: 9 Current Date: 03/25/2015 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait 1 Time: 16:17:05 CITY OF RANCHO CUCAMONGA P25 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/11/2015 through 3/24/2015 Check No. Check Date Vendor Name City Fire Amount AP 00356600 03/18/2015 STOTZ EQUIPMENT 163.10 0.00 163.10 AI' 00356601 03/18/2015 TERRA VISTA ANIMAL HOSPITAL 150.00 0.00 150.00 AP 00356602 03/18/2015 TORO TOWING 225.00 0.00 225.00 AP 00356603 03/18/2015 UNDERGROUND SVC ALERT OF SO CAL 402.00 0.00 402.00 AP 00356604 03/18/2015 UNIQUE MANAGEMENT SERVICES INC 817.44 0.00 817.44 Al' 00356605 03/18/2015 UNITED PACIFIC SERVICES INC 32,176.00 0.00 32.176.00 Al' 00356606 03/18/2015 UNITED ROTARY I3RUSII CORPORATION 390.29 0.00 390.29 Al' 00356607 03/18/2015 UNITED SITE SERVICES OF CA INC 225.91 0.00 225.91 AP 00356608 03/18/2015 UNITED WAY 161.00 0.00 161.00 AP 00356609 03/18/2015 UNIVERSAL MARTIAL ARTS CENTERS 1,148.00 0.00 1,148.00 AI' 00356610 03/18/2015 UPLAND ANIMAL HOSPITAL 100.00 0.00 100.00 AP 00356611 03/18/2015 UPS 231.41 0.00 231.41 AP 00356612 03/18/2015 US POSTMASTER 220.00 0.00 220.00 AP 00356613 03/18/2015 UTILIQUEST 7,466.57 0.00 7,466.57 Al' 00356614 03/18/2015 VALLEY CREST LANDSCAPE 69,119.40 0.00 69,119.40 Al' 00356615 03/18/2015 VECCHIO,TOM 144.00 0.00 144.00 Al' 00356616 03/18/2015 VERIZON BUSINESS SERVICES 3,937.72 0.00 3,937.72 AP 00356617 03/18/2015 VERIZON WIRELESS-LA 0.00 2,786.61 2,786.61 AP 00356618 03/18/2015 VERIZON WIRELESS-LA 494.13 0.00 494.13 AP 00356619 03/18/2015 VERREEF, WARREN 17.36 0.00 17.36 AP 00356620 03/18/2015 VICTOR MEDICAL COMPANY 1,197.08 0.00 1,197.08 Al' 00356621 03/18/2015 VINCOR CONSTRUCTION INC 20,000.00 0.00 20.000.00 Al' 00356622 03/18/2015 VIRTUAL PROJECT MANAGER INC 500.00 0.00 500.00 AP 00356623 03/18/2015 VISION COMMUNICATIONS CO 1,133.28 0.00 1,133.28 AI' 00356624 03/18/2015 WALTERS WHOLESALE ELECTRIC CO 4.935.81 0.00 4.935.81 AP 00356625 03/18/2015 WARREN. El.1ZA E3ENI 220.00 0.00 220.00 AP 00356626 03/18/2015 WAXIE SANITARY SUPPLY 5,922.97 0.00 5,922.97 AP 00356627 03/18/2015 WESTCOAST MEDIA 900.50 0.00 900.50 Al' 00356628 03/18/2015 WESTERN UNIVERSITY OF HEALTH SCIENCE 640.00 0.00 640.00 Al' 00356629 03/18/2015 \VESTRUX INTERNA'T'IONAL INC 1,378.03 0.00 1,378.03 AP 00356630 03/18/2015 WOMACK, KELLI 54.00 0.00 54.00 AP 00356631 03/18/2015 WORD MILL PUBLISHING 800.00 0.00 •800.00 AP 00356634 03/18/2015 XEROX CORPORATION 10,554.38 459.23 11,013.61 *** Al' 00356641 03/23/2015 BRODART BOOKS 8,226.08 0.00 8,226.08 AP 00356645 03/23/2015 CUCAMONGA VALLEY WATER DISTRICT 46,422.40 296.41 46,718.81 *** AP 00356646 03/23/2015 INLAND VALLEY DAILY BULI.ETIN 1,440,00 0.00 1,440.00 AP 00356647 03/23/2015 KME FIRE APPARATUS 0.00 222.00 222.00 AP 00356648 03/23/2015 LN CUR'I'IS AND SONS 0.00 4.679.02 4,679.02 AP 00356649 03/23/2015 ORKIN PEST CONTROL 7.241,32 0.00 7,241.32 AP 00356650 03/23/2015 SUNRISE FORD 94.31 0.00 94.31 AP 00356651 03/23/2015 SUNSTATE EQUIPMENT COMPANY LI.0 614.54 0.00 614.54 AP 00356652 03/23/2015 TW TELECOM 1,408.20 0.00 1,408.20 AP 00356653 03/23/2015 UNIFIRST UNIFORM SERVICE 0.00 632.64 632.64 Al' 00356654 03/23/2015 BELL,MICHAEL L. 0.00 1,560.49 1,560.49 AP 00356655 03/23/2015 LONCAR,PHILIP 0.00 920.36 920.36 AP 00356656 03/23/2015 TOWNSEND,JAMES 0.00 1,560.49 1,560.49 • Al' 00356657 03/23/2015 WALKER,KENNETH 0.00 246.76 246.76 User: VLOPEZ- VERONICA LOPEZ Page: 10 Current Date: 03/25/2015 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait 1 Time: 16:17:05 CITY OF RANCHO CUCAMONGA P26 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/11/2015 through 3/24/2015 Check No. Check Date Vendor Name City Fire Amount EP 00005049 03/11/2015 CHAFFEY JOINT UNION HS DISTRICT 10,000.00 0.00 10,000.00 El' 00005050 03/11/2015 EXELON GENERATION CO. LLC. 253,722.00 0.00 253,722.00 EP 00005051 03/11/2015 RIVERSIDE,CITY OF 6,294.00 0.00 6,294.00 EP 00005052 03/11/2015 SI IELI, ENERGY NORTH AMERICA 13.140.00 0.00 13,140.00 EP 00005053 03/11/2015 VIASYN INC 1.640.00 0.00 1,640.00 EP 00005055 03/18/2015 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 9.250.00 0.00 9,250.00 EP 00005056 03/18/2015 NORMAN A'IRAUI3 ASSOCIATES 10,207.62 0.00 10,207.62 EP 00005057 03/18/2015 RCCEA 1,335.00 0.00 1,335.00 EP 00005058 03/18/2015 RCPFA 9.994.40 0.00 9.994.40 EP 00005059 03/18/2015 SAN BERNARDINO COUNTY 21.00 0.00 21.00 EP 00005060 03/18/2015 SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY 181.43 0.00 181.43 EP 00005062 03/23/2015 AHUMADA,ALEXANDER R 0.00 904.08 904.08 El' 00005063 03/23/2015 ALMAND,LLOYD 0.00 615.52 615.52 EP 00005064 03/23/2015 13ANTAU,VICTORIA 0.00 893.87 893.87 EP 00005065 03/23/2015 13AZAL,SUSAN 0.00 1,322.23 1,322.23 EP 00005066 03/23/2015 BERRY,DAVID 0.00 920.36 920.36 El' 00005067 03/23/2015 1312OCK,ROBIN 0.00 893.87 893.87 El' 00005068 03/23/2015 CAMPBELL,GERALD 0.00 1,233.07 1,233.07 El' 00005069 03/23/2015 CARNES, KENNETH 0.00 694.69 694.69 EP 00005070 03/23/2015 CLABBY, RICHARD 0.00 920.36 920.36 EP 00005071 03/23/2015 CORCORAN,ROBERT 0.00 525.11 525.11 EP 00005072 03/23/2015 COX. KARL 0.00 615.52 615.52 EP 00005073 03/23/2015 CRANE,RALPH 0.00 1,323.48 1,323.48 El' 00005074 03/23/2015 CROSSLAND, WILBUR 0.00 469.02 469.02 EP 00005075 03/23/2015 DAGUE,JAMES 0.00 1,172.22 1,172.22 EP 00005076 03/23/2015 DE ANTONIO,SUSAN 0.00 525.11 525.11 EP 00005077 03/23/2015 DOMINICK,SAMUEL A. 0.00 893.87 893.87 El' 00005078 03/23/2015 EAGLESON,MICHAEL 0.00 1,560.49 1,560.49 EP 00005079 03/23/2015 FRITCHEY,301 IN D. 0.00 469.02 469.02 EP 00005080 03/23/2015 IJEYDE,DONALD 0.00 1.172.22 1,172.22 EP 00005081 03/23/2015 INTERLICCHIA. ROSALYN 0.00 1.167.31 1,167.31 • EP 00005082 03/23/2015 KILMER,STEPHEN 0.00 1,233.07 1,233.07 EP 00005083 0323/2015• LANE,WILLIAM 0.00 1,560.49 1,560.49 EP 00005084 03/23/2015 LEE,AI,LAN 0.00 1,423.44 1,423.44 EP 00005085 03/23/2015 LENZE,PAUL B 0.00 1,224.46 1,224.46 EP 00005086 03/23/2015 LONGO.JOE 0.00 173.51 173.51 EP 00005087 03/23/2015 LUTTRULL. DARRELL 0.00 694.69 694.69 EP 00005088 03/23/2015 MACKALL,BENJAMIN 0.00 173.51 173.51 EP 00005089 03/23/2015 MAYFIELD,RON 0.00 1,323.48 1,323.48 EP 00005090 03/23/2015 MCKEE,JOHN 0.00 615.52 615.52 EP 00005091 03/23/2015 MCMILLEN.LINDA 0.00 246.76 246.76 EP 00005092 03/23/2015 MCNEIL, KENNETH 0.00 969.50 969.50 EP 00005093 03/23/2015 MICHAEL.L. DENNIS 0.00 893.87 893.87 EP 00005094 03/23/2015 MORGAN, BYRON 0.00 2,277.23 2,277.23 EP 00005095 03/23/2015 MYSKOW,DENNIS 0.00 920.36 920.36 EP 00005096 03/23/2015 NAUMAN,MICHAEL 0.00 920.36 920.36 EP 00005097 03/23/2015 NEE,RON 0.00 1.757.12 1,757.12 User: VLOPEZ- VERONICA LOPEZ Page: 11 Current Date: 03/25/2015 Report:CK AGENDA REG PORTRAIT CONSOLIDATED- CK: Agenda Check Register Portrait I Time: 16:17:05 CITY OF RANCHO CUCAMONGA P27 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT • Agenda Check Register 3/11/2015 through 3/24/2015 Check No. Check Date Vendor Name City Fire Amount EP 00005098 03/23/2015 NELSON,MARY JANE 0.00 173.51 173.51 EP 00005099 03/23/2015 PLOUNG,MICHAEL 1 0.00 556.94 556.94 EP 00005100 03/23/2015 POST.MICIIAEI,R 0.00 1,577.31 1,577.31 EP 00005101 03/23/2015 PROULX, PATRICK 0.00 1,560.49 1,560.49 EP 00005102 03/23/2015 ROEDER,JEFF 0.00 1,172.22 1,172.22 EP 00005103 03/23/2015 SALISBURY,THOMAS 0.00 893.87 893.87 EP 00005104 03/23/2015 SMITH. RONALD 0.00 920.36 920.36 EP 00005105 03/23/2015 SPAGNOLO,SAM 0.00 469.02 469.02 EP 00005106 03/23/2015 SPAIN, WILLIAM 0.00 694.69 694.69 EP 00005107 03/23/2015 SULLIVAN.JAMES 0.00 753.31 753.31 EP 00005108 03/23/2015 TAYLOR,STEVE 0.00 1,224.46 1,224.46 EP 00005109 03/23/2015 TULEY.TERRY 0.00 1,172.22 1,172.22 EP 00005110 03/23/2015 VANDERKALLEN, FRANCIS 0.00 1,192.64 1,192.64 EP 0000511 I 03/23/2015 WALTON, KEVIN 0.00 1,233.07 1.233.07 EP 00005112 03/23/2015 WOLFE,JACKIE 0.00 600.74 600.74 EP 00005113 03/23/2015 YOWELL,TIMOIlIY A 0.00 1,323.48 1,323.48 Total City: $2,031,700.26 Total Fire: $648,604.76 Grand Total: $2,680,305.02 Note: *** Check Number includes both City and Fire District expenditures User: VLOPEZ- VERONICA LOPEZ Page: 12 Current Date: 03/25/2015 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait L Time: 16:17:05 P28 STAFF REPORT CANces PUBIC WORKS SERVICES DEPARTMENT Date: April 1, 2015 Lit� • To: Mayor and Members of the City Council RANCHO John R. Gillison, City Manager CUCAMONGA From: William Wittkopf, Public Works Services Director By: Dean Rodia, Parks and Landscape Superintendent Paul Fisher, Management Analyst I Subject: CONSIDERATION TO ACCEPT THE BIDS RECEIVED, AWARD AND AUTHORIZE THE EXECUTION OF A CONTRACT IN THE AMOUNT OF $25,280.80 FOR THE "LMD-5 FENCE REPLACEMENT PROJECT" TO THE LOWEST RESPONSIVE BIDDER, ECONO FENCE, INC. OF RIVERSIDE, AND AUTHORIZE THE EXPENDITURE OF A CONTINGENCY IN THE AMOUNT OF $2,528.08 TO BE FUNDED FROM ACCOUNT 1135303-5300 (LMD-5) RECOMMENDATION It is recommended that the City Council accept the bids received, award and authorize the execution of a contract in the amount of $25,280.80 for the "LMD-5 Fence Replacement Project" to the lowest responsive bidder, Econo Fence, Inc. of Riverside, and authorize the expenditure of a contingency in the amount of$2,528.08 to be funded from Account 1135303-5300 (LMD-5). BACKGROUND/ANALYSIS The City Council approved the plans and specifications and authorized the City Clerk to advertise the "Notice Inviting Bids"for the"LMD-5 Fence Replacement Project"during its January 21, 2015 meeting. The existing iron fence is approximately thirty years old and does not meet current safety or ADA access standards. The fence has been refinished multiple times over the years but the hollow steel tubing has now degraded to the point where the fence is no longer structurally sound. This project calls for the removal of the existing fencing and the installation of approximately 137 linear feet of new powder coated metal fence with a four foot wide ADA compliant public access gate along the street boundary of the neighborhood playground located at the southwest corner of Andover Place and Bedford Drive. Approximately 75 linear feet of deteriorated fencing will also be replaced with a new powder coated fence on the cul-de-sac at the west end of Bedford Drive. This fence will include a 12 foot 4 inch wide gate at the end of Bedford Drive. A concrete curb will be installed along the base of both new fences to reduce the potential for future corrosion of the fence posts. Seven (7) bids for this project were received and opened at 2:00 p.m. on Tuesday, February 24, 2015 (see attached Bid Summary). Staff has completed the required background investigation and finds that the lowest responsive bidder, Econo Fence of Riverside, has met the requirements of the bid documents. The project is scheduled to be completed within forty-five (45) working days. Respectfully submitted, 1A-L_Qata-± William Wittkopf Public Works Services Director Attachment WW:DR/pf P29 BID SUMMARY LMD-S Fence Replacement February 24.2015 Bid Opening BASE BID Econo Fence,Inc. 1M Justus Fence Co. Dunns Fence Company Alcorn Fence Company (low bidder) 2 3 4 Bid Unit Bid Unit Bid Unit Bid Unit Item Description Qty Unit Price Price Price Price Price Price Price Price Remove and Dispose of Existing 1 Metal Fencing 1. EA $1,650.00 $1,650.00 $1,000.00 51.000.03 51,000.03 51,001W $1,476.00 $1,476.00 Install Concrete Curb per Curb Detail as shown In Appendix 2 Item 3 212 EA 59140 58,776.80 543.03 $9,116.03 $30.00 56,360.00 $31.00 $6,57200 Install Powder Coated Fence per Fence Detail as shown in 3 Appendix item 4 212 EA 556.50 511,978.00 $70.00 514,040.00 $85.00 $18,020.00 $85.00 518,020.00 Install 4'wide Powder Coated Metal PublicAccess Gate with ADA Compliant Handle.The gate also requires a double cylinder Schlage compatible lock,Gate appearance to match that of Fence.Refer to the first sheet of Appendix Item 4 for Fence Detail and second sheet for picture of required lock • 4 type, 1 EA 51,596.00 51,595.00 52,000.00 $2,020.03 $1,650.00 $1,650.00 51,639.00 51,639.00 Install 12'4'wide Powder Coated Metal,Emergency Access,Double Swing Gate. Gate appearance to match that of Fence.Refer to Fence Detail 5 on Appendix Item 4. 1 EA 51,203.03 $1,280.03 $2,303.00 52,300.00 $2,550.00 52,550.00 53,269.00 53,269.03 Base Bid Subtotal= $25,280.80 $29,256.00 529,520.00 $30,976.00 BASE MD Fence Corp..Inc. imdeta Fence Company AZ Construction,Inc. 5 6 7 Bid Unit Bld Unit Bid Unit Bid Unit Item Description Qty Unit Price price Price Price Price Price Price Price Remove and Dispose of Existing 1 Metal Fencing 1 EA 53,260.00 53,260.03 50.00 50.03 $3.500.00 $3,500.00 Install Concrete Curb per Curb Detail as shown in Appendix 2 Item 3 212 EA 542.62 $9,035.44 536.00 $7,632.03 51600 59,752.00 Install Powder Coated Fence per Fence Detail as shown in 3 Appendix Item 4 212 EA 596.30 520,415.60 5118.00 525,016.00 $110.00 $23,320.00 install 4'wide Powder Coated Metal Public Access Gate with ADA Compliant Handle.The gate also requires a double cylinder Schlage compatible lock.Gate appearance to match that of Fence.Refer to the first sheet of Appendix item 4 for Fence Detail and second sheet for picture of required lock 4 type. 1 EA 5335.00 5335.00 5800.00 5800.03 51,950.00 51,950.00 Install 12'4'wide Powder Coated Metal,Emergency Access,Double Swing Gate. Gate appearance to match that of Fence.Refer to Fence Detail 5 on Appendix Item 4. 1 EA $555.00 $555.00 $1,000.00 51,000.00 53,355.00 $3,355.00 533,601.04 534,448.00 541,877.00 P30 STAFF REPORT h ENGINEERING SERVICES DEPARTMENT RANCHO Date: April 1, 2015 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Romeo M. David, Associate Engineer Shelley Hayes, Assistant Engineer Subject: CONSIDERATION TO ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $111,772.20, TO THE LOWEST RESPONSIVE BIDDER, KASA CONSTRUCTION, INC., AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF$11,177.22, FOR THE ETIWANDA CREEK PARK SIDEWALK IMPROVEMENT PROJECT TO BE FUNDED FROM PARK DEVELOPMENT FUNDS, ACCOUNT NO. 1120305- 5650/1861120-0 RECOMMENDATION It is recommended that the City Council accept the bids received and award and authorize the execution of the contract in the amount of $111,772.20, to the lowest responsive bidder, KASA Construction, Inc., and authorize the expenditure of a 10% contingency in the amount of$11,177.22, for the Etiwanda Creek Park Sidewalk improvement Project to be funded from Park Development Funds, Account No. 1120305-5650/1861120-0. BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on March 10, 2015, for the subject project. The Engineer's estimate for the base bid was $162,305.00. 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 of the apparent low bidder, Wheeler Paving, was deemed non-responsive after notification from Wheeler that their bid contained a clerical error. 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 replacing some DG material, turf and dirt area with concrete sidewalks. In addition a handicap ramp will be provided for this same path of travel for ADA accessibility. Minor landscape and irrigation modifications are also included. The contract documents call for forty-five (45) working days to complete this construction. Respectfully submitted, M r Director of Engineering Services/City Engineer MAS/RM D/S H:Is Attachments PROJECT IN LOCATION c i =_z --� SCVNNE __ t • \ MILSON AV ' =� l //.. YouHCS;'cvMbN Ro, L/ HIGHLAND AVE. •I- . . g VI 'i rd":72::.i. r CTORIA I P I it �� VICTORU ST. 1;�/ . INRNOM _a , 7 FONTANA PICK/ W A . ; RIM Ma . ] A ill 11 • /e r i 2 5 RO E JERSEY BLVD. ` ), *TAM AYE •. 1R£kf ATN Si RR :A STREET ril a • CITY OF RANCHO CUCAMONGA Hit, 4 ETIWANDA CREEK PARK . Na SIDEWALK IMPROVEMENTS . P32 STAFF REPORT ' k % ENGINEERING SERVICES DEPARTMENT I J RANCHO DATE April 1, 2015 CUCAMONGA TO Mayor and Members of the City Council John Gillison, City Manager FROM: Mark A. Steuer, Director of Engineering Services/City Engineer BY: Betty Miller, Associate Engineer SUBJECT: CONSIDERATION TO APPROVE A DRAINAGE REIMBURSEMENT AGREEMENT, DRA-43, FOR A LOCAL DRAINAGE FACILITY CONSTRUCTED IN CONJUNCTION WITH THE DEVELOPMENT OF TRACT 17651 LOCATED ON THE SOUTH SIDE OF BANYAN STREET EAST OF EAST AVENUE, SUBMITTED BY K. HOVNANIAN HOMES RECOMMENDATION: It is recommended that the City Council adopt the attached resolution approving the subject reimbursement agreement for local drainage facility construction in conjunction with the development of Tract 17651, and authorizing the Mayor and the City Clerk to sign said agreement and to cause same to record. BACKGROUND/ANALYSIS: As a Condition of Approval of Tract Map 17651 the Developer, K. Hovnanian Homes, was required to construct a local storm drain (Line A per Drawing 2219) from the tract to an existing channel along the north side of the 210 Freeway right-of-way. The required public improvements have been completed by the Developer and accepted by the City of Rancho Cucamonga. The Rancho Cucamonga Municipal Code provides that, when a developer in the City is required as a condition of approval of a development to construct a public facility that is determined by the City to be oversized in excess of the requirement for the proposed development, the developer shall be offered a reimbursement agreement from future development within the local drainage area. Exhibit "B" in the attached document shows the tributary area that Line A was designed to accommodate. The Developer has submitted an itemized accounting of the construction costs of the required public storm drain and related improvements for Storm Drain Line A from Etiwanda Area Storm Drain System Line 2-1 to Gypsum Drive. City Staff has reviewed the cost data and determined the total cost of the improvements is $286,457.00, with $208,858.43 to be reimbursed by adjacent developers and property owners upon development of their respective properties. Copy of the agreement is available in the City Clerk's office. Respe ffullst ubmitted, Mark A. Steuer Director of Engineering Services/City Engineer Attachment P33 • Map of Benefitting Properties East Avenue v Banyan Street __///' rc,. ]I ... ®®® ! :, I -, i ti iiiiii- TT 730.33 x f7 13 LO'S 4...),4 a� I® 'T 1(551 7 L¢TS 1 0. YO® R� � r r r iva zc, • 30 • Zia 27' zfi a /• = TT 187di NB= i TT 18122 , TT 18034 _ _ __ _ __ I__- East i Avenue ^ I-210 Freeway ____ .►Ev al fte.eA LINE A P34 RESOLUTION NO. 15-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A LOCAL DRAINAGE FACILITY REIMBURSEMENT AGREEMENT FOR LINE A SOUTH OF TRACT 17651 BETWEEN ETIWANDA AVENUE STORM DRAIN SYSTEM LINE 2-1 AND GYPSUM DRIVE, DRA-43 WHEREAS, the City Council of the City of Rancho Cucamonga has for its consideration a Reimbursement Agreement (DRA-43) submitted by K. Hovnanian as developer of Tract 17651 for construction of a local storm drain from the tract to an existing channel along the north side of the 210 Freeway right-of-way; and WHEREAS, the Developer, at Developer's expense, has completed the required storm drain and related improvements. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES, that said Reimbursement Agreement be and the same is hereby approved and the Mayor is hereby authorized to sign said Reimbursement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk attest hereto and cause said agreement to record. • Resolution No. 15-045 - Page 1 P35 4 STAFF REPORT ENGINEERING SERVICES DIw,\R'l:\1EN'I' L RANCHO Date: April 1, 2015 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Craig Cruz, Associate Engineera,O. Shelley Hayes, Assistant Engineer5j Subject: CONSIDERATION TO ACCEPT THE 19TH STREET TRAFFIC SIGNAL CONTROLLER REPLACEMENT AND TRAFFIC SIGNAL MODIFICATIONS AT VARIOUS LOCATIONS PROJECT, CONTRACT NO. 13-117 AS COMPLETE, RELEASE THE BONDS, ACCEPT A MAINTENANCE BOND, AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $503,547.19 RECOMMENDATION It is recommended that the City Council accept the 19'h Street Traffic Signal Controller Replacement and Traffic Signal Modifications at Various Locations Project, Contract No. 13-117, as complete, authorize the City Engineer to file a Notice of Completion, release the Faithful Performance Bond, accept a Maintenance Bond, authorize the release of the Labor and Materials Bond in the amount of $464,300.00 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 $25,177.36 35 days after acceptance. Also approve the final contract amount of $503,547.19. 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 19'h Street Traffic Signal Controller Replacement and Traffic Signal Modifications at Various Locations Project scope of work consisted of the replacement of existing traffic signal controllers and cabinets and installing signal interconnect along 19'h Street, installing audible pedestrian signals at various existing signalized intersections, and modifying traffic signal equipment at Hermosa Avenue at Base Line Road and at Foothill Boulevard to provide protected-permissive left turn phasing for northbound and southbound traffic. Pertinent information of the project is as follows: ➢ Budgeted Amount: $579,730.00 ➢ Account Numbers: 1124303-5650/1152124-0, 1124303-5650/1792124- 0, 1124303-5650/1800124-0, 1124303-5650/1828124- 0, and 1177303-5650/1796177-0 . ➢ City Council Approval to Advertise: April 3, 2013 ➢ Publish dates for local paper: April 9 and 16, 2013 P36 CITY COUNCIL STAFF REPORT Re: 19TH STREET TRAFFIC SIGNAL CONTROLLER REPLACEMENT AND TRAFFIC SIGNAL MODIFICATIONS AT VARIOUS LOCATIONS PROJECT APRIL 1, 2015 PAGE 2 Bid Opening: May 7, 2013 Contract Award Date: June 5, 2013 > Low Bidder: Flatiron Electric Group, Inc. > Contract Amount: $464,300.00 • Contingency: $46,430.00 • ➢ Final Contract Amount: $503,547.19 > Difference in Contract Amount: $39,247.19 (8.45%) The net increase in the total cost of the project is a result of seven (7) Contract Change Orders, including the Balancing Statement. The notable changes significant to the increase of the Contract amount were traffic signal loop configuration, additional service equipment enclosures and relocating two broadband radios. The balancing statement accounted for other minor increases in the project quantities. Respectfully submitted, Mark A. Steuer • Director of Engineering Services/City Engineer • MAS/CC/SH:ls Attachment • • • P37 ::.iii SLaW„� d.chilli' siiiiwisiiiii• .. ,'l CUCAMI GA �., v / CITY OF CHURC14�s PIN EEi.pa A FONTANA t g PA Pr :, nialltmion.1_a_i1S1 SAN II. �� B COUNTY O wawa- "LR°AD 6114 STAFF! _ Smmrn 0 __ I% CITY OF ONTARIO VICINITY MAP NOT TO SCALE LEGEND ® PROJECT LOCATION P38 RESOLUTION NO. 15-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE 19'h STREET TRAFFIC SIGNAL CONTROLLER REPLACEMENT AND TRAFFIC SIGNAL MODIFICATIONS AT VARIOUS LOCATIONS PROJECT, CONTRACT NO. 13-117, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the 19th Street Traffic Signal Controller Replacement and Traffic Signal Modifications at Various Locations Project Contract No. 13-117, 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. RESOLUTION NO. 15-046 — Page 1 P39 STAFF REPORT ENGINEERING SERVICES DEPARTMENT L% J Date: April 1, 2015 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/ City Engineer By: Linda Ceballos, Environmental Programs Manager Subject: CONSIDERATION TO AUTHORIZE THE MAYOR TO EXECUTE THE SAN BERNARDINO COUNTY MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)—NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT RENEWAL PARTICIPATION AND JOINT DEFENSE AGREEMENT ON BEHALF OF THE CITY OF RANCHO CUCAMONGA RECOMMENDATION Staff recommends the City Council authorize the Mayor to execute the San Bernardino County Municipal Separate Storm Sewer System (MS4) — National Pollution Discharge Elimination System (NPDES) Permit Renewal Participation and Joint Defense Agreement on behalf of the City of Rancho Cucamonga. BACKGROUND/ANALYSIS The Municipal Separate Storm Sewer System ("MS4") Permit is issued jointly to the County of San Bernardino, the San Bernardino County Flood Control District, and the sixteen incorporated cities in the Santa Ana River Watershed portion of San Bernardino County. The San Bernardino County Flood Control District is the Principal Permittee. Its' primary responsibilities are to administer the overall stormwater program in conjunction with the cities, lead in the development of programs, act as the liaison with water board staff and prepare the consolidated required reports. San Bernardino County and the sixteen incorporated cities are "Co-Permittees" and are responsible to implement individual program elements in their individual jurisdiction and to fiscally support the county-wide program. The permit is regulated under the Santa Ana Regional Water Quality Control Board District 8 ("RWQCB"). The current San Bernardino County MS4 Permit Order No. R8-2010-0036, NPDES Permit No. CAS618036 ("Permit") which expired on January 29, 2015, was administratively extended by the RWQCB until a new permit is issued. In anticipation of review and negotiations in response to the new proposed permit, the San Bernardino County Flood Control District Legal Counsel initiated the retention of legal representation for the Area-Wide Program. The costs incurred for the proposed agreement will be paid through the San Bernardino County Area-Wide Program Budget. The City contributes its' pro-rata share annually. The permit fee cost share is budgeted in the current and next fiscal year budgets. The proposed Agreement has been reviewed and approved by the City Attorney. City Staff is recommending execution of the Joint Defense Agreement, attached hereto, to allow City Staff to fully participate and be privy to any and all attorney-client conversations. "espec ull ubmitted, • euer Director of Engineering Services/ City Engineer MAS/LC:Is P40 MS4 NPDES STORMWATER PERMIT RENEWAL PARTICIPATION AND JOINT DEFENSE AGREEMENT This MS4 NPDES Stormwater Permit Renewal Participation and Joint Defense Agreement ("Agreement") is made and entered into as of the date it is signed by all parties to the Agreement ("Effective Date"), by and between the San Bernardino County Flood Control District (Principal Permittee), the County of San Bernardino, and the City of Big Bear Lake, the City of Chino, the City of Chino Hills, the City of Colton, the City of Fontana, the City of Grand Terrace, the City of Highland, the City of Loma Linda, the City of Montclair, the City Ontario, the City of Rancho Cucamonga, the City of Redlands, the City of Rialto, the City of San Bernardino, the City of Upland, and the City of Yucaipa, (collectively, the"Parties" or "MS4 Permittee Group") and Squire Patton Boggs. RECITALS A. The Parties are permittees under that certain MS4 NPDES Permit and Waste Discharge Requirements for Area-wide Urban Stormwater Runoff, adopted January 29, 2010,NPDES No. 618036/Order No. R8-2010-0036, applicable to the San Bernardino County Flood Control District ("SB FCD"), the County of San Bernardino, and the incorporated cities of San Bernardino County within the Santa Ana Region ("MS4 NPDES Permit"); B. The Parties have been identified as entities to be regulated under a municipal stormwater permit expected to be adopted in 2015 (the "2015 MS4 Permit") by the California Regional Water Quality Control Board, Santa Ana Region ("RWQCB") and have a common interest in addressing and negotiating the terms of the 2015 MS4 Permit; C. To reduce costs and to more effectively represent their interests, the Parties desire to cooperate with one another in addressing the 2015 MS4 Permit issues; D. In anticipation of litigation under or relating to the renewal of the MS4 NPDES Permit (which expires by its terms on or about January 29, 2015), and recognizing that there are certain efficiencies in having common counsel representing the Parties during the MS4 NPDES Permit renewal process and any subsequent appeals or litigation (collectively, the "Work"), each Party has agreed to coordinate certain efforts, share information, and fund a portion of the attorneys fees and other costs associated with the Work as set forth in this Agreement; E. To assist SB FCD, as the principal-permittee, on legal and other issues related to renewal of the MS4 NPDES Permit, as well as other matters that may be assigned, the San Bernardino County Counsel's Office issued a Request For Proposals. The Flood Control District received and evaluated proposals from five law firms and interviewed three. On or about March 25, 2014, the Flood Control District retained the firm of Squire Sanders, now Squire Patton Boggs. F'.\San Bernardino Co NPDES12015 MS4 Permit Renewal\CoPermittees\14 0723 MS4 NPDES Stormwater Permit P41 MS4 Permitlees Group Participation Agreement In consideration of the mutual covenants and obligations contained in this Agreement, the Parties agree as follows: AGREEMENT 1.0 SCOPE AND PURPOSE. The purpose of this Agreement is to set forth the terms and conditions under which the Parties will work together collectively as the MS4 Permittee Group to, among other things: (a) retain Squire Patton Boggs, as common counsel to advise the MS4 Permittee Group on legal and other issues related to the 2015 MS4 Permit; (b) if appropriate, engage technical consultants and direct their efforts, as • necessary, to address technical issues related to 2015 MS4 Permit; (c) consider reasonable legal, technical, investigative, and administrative costs incurred relating to the 2015 MS4 Permit, and any subsequent administrative appeals and/or litigation; (d) allocate among themselves all approved fees and costs; (e) cooperatively provide all necessary technical and legal input, as requested by the SB FCD, as the Principal Permittee; • (f) communicate and negotiate with the California Regional Water Quality Control Board—Santa Ana Region ("RWQCB") and the US Environmental Protection Agency ("USEPA") regarding the renewal of the MS4 NPDES Permit, as necessary to accomplish the purposes of this Agreement; and (g) provide comments on the draft Report of Waste Discharge Requirements and review and comment on other issues that may be presented from time to time during the renewal process that may impact one or more of the co- permittees. 2.0 MS4 PERMITEE GROUP. 2.1 Meetings & Notice. The Parties may schedule meetings from time-to-time, under this Agreement, as requested by the SB FCD, to address issues pertinent to the 2015 MS4 Permit. Meetings may be held by telephone conference. 2.2 Cooperation. The Parties shall cooperate with each other to accomplish the purposes of this Agreement and shall attempt to resolve any disputes among them through good faith negotiation. 2.3 Communication with Squire Patton Boggs. All communications with Squire Patton Boggs under this Agreement will be coordinated through the SB FCD. Page2ofll • - F:\San Bernardino Co NPDES\2015 MS4 Permit Renewal\CoPermittees\14 0723 MS4 NPDES Stormwater Permit IA P42 MS4 Permittees Group Participation Agreement 3.0 SHARED COSTS. 3.1 Defined. Shared Costs are costs of Common Counsel and, if applicable, any consultants approved and retained by the MS4 Permittee Group for the work related to the 2015 MS4 Permit under this Agreement. 3.2 Payment. The Parties agree to pay the Shared Costs of.Common Counsel pursuant to the Section VII (Program Costs) of the Implementation Agreement (County Contract No. 11-545) entered into by and between the MS4 Permittee Group under the NPDES Areawide Program budget. Matters that are assigned by SB FCD to Squire Patton Boggs that relate only to the SB FCD are not Shared Costs and shall be paid by SB FCD separate and apart from the Agreement or the Implementation Agreement. SB FCD shall review all invoices, approve payment of Shared Costs on behalf of the Parties, invoice the Parties, and prepare an annual fiscal year accounting consistent with Section VII of the Implementation Agreement. 4.0 SUCCESSORS AND ASSIGNS. This Agreement applies to, is binding upon, and inures to the benefit of each Party whose legally authorized representative has executed this Agreement, and the Parties' directors, officers, agents, employees, attorneys, successors and assigns. 5.0 WITHDRAWAL. 5.1 Withdrawal. Any Party may withdraw from all participation in this Agreement upon thirty (30) days' advance written notice to the MS4 Permittee Group, except that the withdrawing Party shall remain responsible for its share of all Shared Costs, as set forth in the Implementation Agreement. Any Party who withdraws from this Agreement shall continue to protect the confidentiality of information it obtained during the time it was a Party, in accordance with Section 6.0 and 7.0. 6.0 CONFIDENTIALITY; LIMITATIONS. 6.1 Confidentiality. A Party may only produce confidential material relating to this Agreement in compliance with a court order or with the consent of all Parties to this Agreement. If the production of confidential material relating to this Agreement is required by a court of competent jurisdiction, the Party so ordered shall seek leave of court to file the confidential material relating to this Agreement under seal or subject to an order protecting their confidentiality. 6.2 Permitted Disclosure. Except for Joint Defense Information (as defined below), nothing contained in this Agreement prohibits a Party from disclosing: (i) its own information; (ii) its own work product (except for any portion of that work product that contains confidential material relating to this Agreement); (iii)' material prepared by a Party that refers or relates solely to its own information, Page 3ofI1 F:\San Bernardino Co NPDES\2015 MS4 Permit • Renewal\CoPermittees\14 0723 MS4 NPDES Stormwater Permit P43 MS4 Permittees Group Participation Agreement documents, or work product; (iv) material obtained from a source other than a Party covered under this Agreement; (v) material that was or becomes publicly available through no act, omission, or fault of the receiving Party; (vi) material that is discovered independently by a Party; or (vii) non-privileged material that is otherwise discoverable. Nothing in this Agreement prevents or restricts a Party from using, at its sole discretion, its own document or information that it has provided to any other Party under this Agreement, even if it is confidential material relating to this Agreement. 6.3 Discovery. This Agreement does not prevent or to limit any Party's counsel from seeking documents from any other Party to this Agreement through formal discovery processes. By executing this Agreement, no Party waives any objections that may be asserted in response to a formal discovery request. 6.4 Admissibility. This Agreement is not admissible in evidence, nor may it be used as evidence in any action or proceeding for any purpose other than for the purpose of enforcing the terms of this Agreement or defending against a third-party motion to compel disclosure or production of documents covered under this Agreement. 6.5 Return of Confidential Information. Any Party that has produced privileged or confidential material relating to this Agreement may request, in writing, the return or destruction of the information provided under this Agreement, subject to any applicable federal and state laws mandating recordkeeping. The requirements of this Section are subject to any outstanding discovery obligations. 7.0 JOINT DEFENSE; ATTORNEY-CLIENT RELATIONSHIP. By executing this Agreement, each Party represents that it has been fully advised concerning the advantages and disadvantages of participation,joint defense, common interest, and confidentiality agreements, and that each Party understands this Agreement and knowingly and intelligently makes the representations and waivers contained herein. 7.1 Joint Defense Counsel. Squire Patton Boggs has been (or will be) engaged as joint defense/common counsel for the Parties in connection with the work under this Agreement. 7.2 Joint Defense Information. This Agreement applies to all communications that are: (i) related to the 2015 MS4 Permit and any appeals or litigation related thereto; (ii) protected by the attorney-client privilege, the work product doctrine and/or any other privileges, confidentialities and protections provided by law; and (iii) shared or exchanged among the Parties or their attorneys, representatives, consultants and/or experts ("Joint Defense Information"). Unless otherwise excluded herein, "Joint Defense Information" means any information, including any confidential or privileged information, shared to facilitate the purposes of this Page 4 of 1 I F:\San Bernardino Co NPDES\2015 M54 Permit Renewal\CoPermittees\14 0723 MS4 NPDES Stormwater Permit • P44 11484 Permiltees Group Participation Agreement Agreement, including, without limitation, all verbal and written exchanges of information among the Parties and/or their attorneys, representatives, consultants and/or experts, and all documents containing Joint Defense Information shared or exchanged among such parties, including, without limitation, memoranda, correspondence, electronic mail, and all summaries and compilations, data, mental impressions, strategies, legal theories, legal research, work performed or prepared by consultants or experts at the direction of counsel for the Parties, interviews with prospective witnesses and/or all other information and analysis and the work product of any Party's attorney in any format from and after the Effective Date. The Parties agree that all communications between Parties and their attorneys, representatives, consultants and/or experts, in furtherance of the purpose of this Agreement shall be protected by the attorney-client privilege, the attorney work-product privilege and the joint defense privilege to the fullest extent provided by law. Joint Defense Information does not include any publicly available information or information that a Party obtains from a public or non- confidential source, even if that information is also provided in confidence by one Party to another. 7.3 The Parties understand and agree that the sharing or exchanging of Joint Defense Information between or among the Parties, and the joint creation, development or solicitation of Joint Defense Information by two or more Parties (or their employees or agents) in connection with the 2015 MS4 Permit, shall be accomplished pursuant to the attorney-client privilege, the work product doctrine, the "common interest" doctrine, the "joint defense" doctrine and any other applicable rights, privileges and doctrines, and that any and all such shared or exchanged Joint Defense Information shall be and remain protected against disclosure to any third party to the fullest extent allowed by law. 7.4 The Parties agree to take all measures reasonably necessary to protect the confidentiality and privileged nature of the Joint Defense Information. Unless otherwise required by law, none of the Joint Defense Information obtained by any Party shall be disclosed to third parties without the written consent of all of the Parties. 7.5 Use of Joint defense information. If any third party requests or demands any Joint Defense Information via a subpoena, discovery request, Public Records Act Request, or otherwise, the Party receiving such request or demand shall notify all other Parties within a reasonable time after receiving the request. The Party receiving such request or demand reserves the right to assert all applicable privileges, protections, exclusions, defenses, and confidentiality rights. The Party who received the disclosure request will not release or disclose such information prior to making a good faith determination that the disclosure is required by applicable law, or pursuant to court order, and will inform all other Parties prior to making such disclosure. Page 5ofII F:\San Bernardino Co NPDES\2015 MS4 Permit Renewal\CoPermittees\14 0723 MS4 NPDES Stormwater Permit P45 MS4 Perm. ittees Group Participation Agreement 7.6 No Waiver/Protection from Discovery. The Parties intend that no claim of work product, attorney-client privilege, or other privilege shall be waived by reason of disclosure of Joint Defense Information to other Parties or to any third persons. The Parties further intend that all Joint Defense Information exchanged in connection with this Agreement shall be protected from discovery by the joint defense doctrine recognized in Oxy Resources California LLC v. Superior Court, 115 Cal.App.4th 874 (2004) and Waller v. Financial Corp. of America, 828 F.2d 579, 583 n. 7 (9th Cir. 1987) ("The joint defense privilege, which is an extension of the attorney client privilege, has been long recognized by this circuit.") See also Raytheon v. Superior Court, 208 Cal.App.3d 683, 687-88 (1989) ("[A] disclosure in confidence of a privileged communication is not a waiver of the privilege `when such disclosure is reasonably necessary for the accomplishment of the purpose for which the lawyer . . . was consulted. . . ." quoting Evidence Code section 912(d)); Insurance Co. of North America v. Superior Court, 108 Cal.App.3d 758, 771 (1980); California Evidence Code Sections 912(d), 952. 7.7 Use of Joint Defense Information. Except as otherwise provided in this Agreement, Joint Defense Information shall be held in strict confidence by the Parties and will be disclosed only to Parties (including their governing boards or councils, employees and counsel). No Party shall use Joint Defense Information that it has received from another Party for any purpose other than the joint defense and common interest purposes outlined in this Agreement. Each Party shall take all reasonable and appropriate measures necessary to protect Joint Defense Information from disclosure to third parties not subject to this Agreement, including in the event such Joint Defense Information is subpoenaed or sought in a California Public Records Act request. 7.8 Survival. The obligations of the Parties under this Section shall survive the termination of this Agreement and shall remain in full force and effect without regard to whether the 2015 MS4 Permit is finalized in any form, and without regard to whether any individual Party withdraws from this Agreement. 7.9 Conflict of Interest. As provided in the recitals and Paragraph 3.2 of this Agreement, SB FCD may, from time-to-time, assign to Squire Patton Boggs work that relates only to the SB FCD, on issues not directly related to renewal of the MS4 Permit. This work has the potential of creating a conflict of interest. Each of the Parties waives any such conflicts or potential conflicts of interest and, further, waives any conflict of interest which might arise by virtue of its and the other Parties' participation in this Agreement. 8.0 NEW PARTIES. New Parties may be added to this Agreement with the written consent of all Parties after written agreement is reached on the new Party's funding contribution and the adjusted cost share formula for all Parties. 9.0 NO WAIVER, RELEASE, OR ADMISSION. Page 6 of 11 F:\San Bernardino Co NPDES\2015 MS4 Permit Renewal\CoPermittees\14 0723 MS4 NPDES Stormwater Permit P46 MS4 Permittees Group Participation Agreement 9.1 No Waiver or Release. Except as expressly provided herein, by entering into this • Agreement and sharing confidential information under this Agreement, the Parties are not waiving or releasing any rights, claims, defenses, or privileges they may have against each other or any other person or entity, nor does the Agreement modify in any way any other written agreements or written contractual arrangements of the Parties. Any Party asserting a claim against any other Party is not entitled to use Joint Defense Information (or other confidential information) received under this Agreement in support of the claim, except to the extent that the Joint Defense Information (or other confidential information) has been or is obtained through discovery. 9.2 No Modification of Legal Obligations or Authority. Except as specifically provided in this Agreement, no rights or obligations created by this Agreement are intended to amend, modify, supplement, or replace any legal or contractual obligation or authority created by any other agreement entered into at any time between any Party to this Agreement or any affiliated entity of any other Party. This Agreement is not intended to have any effect on any indemnification, contribution, or warranty obligations between or among the Parties or affiliated entities and may not be used by any Party to advance any argument that any Party (including affiliated entities of any Party) either does, or does not, have any obligation to indemnify, provide contribution, or provide a warranty to any other Party (including affiliates or subsidiaries of any Party). 9.3 No Admission. Nothing in this Agreement constitutes, or may be construed as, an admission that any Party is liable to any other Party or to any person not a party to this Agreement. 10.0 NOTICE. All notices required or permitted to be given must be in writing and sent via mail or e-mail to the undersigned counsel for the Parties. 11.0 APPLICABLE LAW. This Agreement is governed by and construed in accordance with the laws of the State of California, without giving effect to the choice-of-law rules of the State of California. The Parties agree that any dispute arising under or relating to this Agreement must be adjudicated in the appropriate court in the State of California, and the Parties consent to jurisdiction in those courts. This Agreement does not, however, affect the applicable law governing the Work or disputes under this Agreement. 12.0 CONSTRUCTION OF AGREEMENT. This Agreement is jointly drafted and may not be construed in any way, against any Party on the ground that the Party or its counsel drafted this Agreement. 13.0 ENTIRE AGREEMENT. This Agreement is an integrated document representing the entire understanding of the Parties with respect to participation in the MS4 Permittees Group as it relates to the Work. This Agreement supersedes and supplants all prior or contemporaneous agreements, proposals, or understandings, whether written or oral, between the Parties on the same subject matter. Page7ofl/ F:\San Bernardino Co NPDES\2015 MS4 Permit Renewal\CoPermittees\14 0723 MS4 NPDES Stormwater Permit n nn P47 MS4 Permittees Group Participation Agreement 14.0 MODIFICATION OF AGREEMENT. Modification of the Agreement does not affect • the rights and duties of Parties that have withdrawn from the Agreement prior to its modification. All modifications to this Agreement must expressly state that it is the intention of the Parties to amend or modify this Agreement and must be: (a) in writing; (b) signed by a duly authorized representative of each Party; and (c) approved of by all then-current Parties to this Agreement. 15.0 SEVERABILITY. Any provision of this Agreement held to be invalid, illegal, or unenforceable is ineffective to the extent of the invalidity, illegality, or unenforceability without affecting the validity, legality, or enforceability of the remaining provisions. 16.0 EXECUTION AND COUNTERPARTS. The execution of this Agreement by the undersigned representatives and counsel for the Parties has been duly authorized and is the valid, binding, and enforceable act of each of the Parties upon whose behalf the representatives and counsel have executed the Agreement. Each Party to this Agreement • agrees that this Agreement and all obligations arising under it are binding on any counsel employed in the future by that Party, as if the counsel had signed the Agreement. This Agreement may be executed in one or more counterparts, each of which, when so executed, is deemed to be an original and all of which taken together constitute one Agreement. 17.0 TERMINATION. The term of this Agreement shall extend until the later of: (a) the date the 2015 MS4 Permit becomes final pursuant to applicable law; (b) the conclusion of proceedings challenging any final Order regarding the 2015 MS4 Permit issued by the • Regional Board, or (c) termination by written agreement of all Parties, but in no event later than December 31, 2019. • • • Page 8ofII F:\San Bernardino Co NPDES\2015 MS4 Permit Renewal\CoPermittees\14 0723 MS4 NPDES Stormwater Permit P48 MS4 Permittees Group Participation Agreement 18.0 RECITALS. The recitals of this Agreement are incorporated herein by this reference. Squire Patton Boggs (US) LLP City of Chino By: By: Name: Name: Title: Title: Date: Date: San Bernardino County Flood Control City of Chino Hills District (Principal Permittee) By: By: Name: Name: Title: Title: Date: Date: County of San Bernardino City of Colton By: By: Name: Name: Title: Title: Date: Date: City of Big Bear Lake City of Fontana By: By: Name: Name: Title: Title: Date: Date: • Page 9of11 F:\San Bernardino Co NPDES■2015 MS4 Permit Renewal\CoPermittees\14 0723 MS4 NPDES Stormwater Permit P49 MS4 Permittees Group Participation Agreement City of Grand Terrace City of Ontario By: By: • Name: Name: Title: Title: Date: Date: City of Highland City of Rancho Cucamonga By: By: Name: Name: Title: Title: Date: Date: City of Loma Linda City of Redlands By: By: . Name: Name: Title: • Title: Date: Date: • City of Montclair City of Rialto By: By: Name: Name: Title: Title: Date: Date: Page 10 of 11 F:\San Bernardino Co NPDES\2015 MS4 Permit Renewal\CoPermittees\14 0723 MS4 NPDES Stormwater Permit P50 MS4 Permittees Group Participation Agreement City of San Bernardino By: Name: Title: Date: City of Upland By: Name: Title: Date: City of Yucaipa By: Name: Title: Date: • Page 11 of I I F:\San Bernardino Co NPDES\2015 MS4 Permit Renewal\CoPermittees\14 0723 MS4 NPDES Stormwater Permit P51 STAFF REPORT fri y'`' ENGINEERING SERVICES DEPARTMENT L J '3-.. Date: April 1, 2015 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Linda Ceballos, Environmental Programs Manager Subject: CONSIDERATION TO SCHEDULE A PUBLIC HEARING FOR PLACEMENT OF SPECIAL ASSESSMENTS/LIENS FOR DELINQUENT REFUSE ACCOUNTS RECOMMENDATION It is recommended that the City Council schedule a public hearing for the placement of special assessments/liens for-delinquent refuse accounts on April 1, 2015, during the regularly scheduled City Council meeting. BACKGROUND /ANALYSIS Section 8.17.280 and Section 8.19.280 were added to the Rancho Cucamonga Municipal Code by the City Council when Ordinance No. 838 was adopted on April 6, 2011. These sections established the requirements for mandatory payment for residential, commercial, and industrial refuse collection service. As a result, the municipal code now requires all occupied properties in the city to have weekly refuse collection service provided by the existing franchise hauler or comply with the terms of the self-haul permit program administered by City staff. The City's franchised waste hauler Burrtec Waste Industries (Burrtec) administers the billing for commercial, industrial, and residential refuse collection service. Municipal Code Section 8.17.280 and Section 8.19.280 also allow fees that are delinquent for more than 60 days to become special assessments against the respective parcels of land, resulting in liens on the property for the amount of the delinquent fees, plus administrative charges. After the public hearing date is scheduled, the public hearing notice will be mailed to the property owners with delinquent refuse accounts.aver R- • - . • - bmitted, er Direc or of Engineering Services/City Engineer MAS/LC:Is • P52 6;4 STAFF REPORT iii ENGINEERING SERVICES DEPARTMENT - Date: April 1, 2015 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Jason C. Welday, Traffic Engineer Subject: CONSIDERATION TO APPROVE A REAL ESTATE PURCHASE AGREEMENT AND COMMERCIAL LEASE AGREEMENT WITH GENE DE BIASE, ANTHONY CORTESE,AND LORINDA CORTESE FOR THE PURCHASE OF REAL PROPERTY GENERALLY LOCATED AT 12949 WHITTRAM AVENUE (SOUTHEAST CORNER OF WHITTRAM AVENUE AND ETIWANDA AVENUE; APN 0229-162-14) AND THE APPROPRIATION OF $1,280,000 FROM FUND 198 TO ACCOUNT NO. 11983035650/1076198-0. RECOMMENDATION It is recommended that the City Council: 1. Approve the attached Real Estate Purchase Contract with Gene De Biase, Anthony Cortese, and Lorinda Cortese for the purchase of real property generally located at 12949 Whittram Avenue (southeast corner of Whittram Avenue and Etiwanda Avenue; APN 0229-162-14); and 2. Approve the attached draft Commercial Lease Agreement with Gene De Biase, Anthony Cortese, and Lorinda Cortese for the lease-back of real property generally located at 12949 Whittram Avenue (southeast corner of Whittram Avenue and Etiwanda Avenue; APN 0229-162-14); and 3. Authorize the City Manager or his designee to execute all agreements and documents necessary to effect the purchase and on-going management of the activities of the parcel; and 4. Approve the appropriation of$1,280,000 from Fund 198 to Account No. 11983035650/1076198-0. BACKGROUND/ANALYSIS The City's General Plan includes the construction of a railroad crossing grade separation on Etiwanda Avenue south of Whittram Avenue. This grade separation will improve safety at the current railroad crossing by separating vehicular and railroad traffic as well as improve traffic flow along Etiwanda Avenue by eliminating delays at the crossing. Staff is currently preparing conceptual design alternatives for the construction of the proposed grade separation. While a preferred alternative has not been selected, two necessary design features have been identified in the process: (1) the grade separation will need to be constructed as a bridge over the railroad tracks, and (2) an access road will be required to provide access to properties along Etiwanda Avenue between the railroad right-of-way and Whittram Avenue. Based on the conceptual designs and the development of the Goodman-Bircher parcel on the west side of Etiwanda Avenue already in progress, the parcel on the southeast corner of the intersection is the most viable candidate for construction of a public street to provide access to these properties. (See Exhibit"A"). P53 CITY COUNCIL STAFF REPORT - REAL ESTATE PURCHASE CONTRACT (WHITTRAM AVENUE) April 1, 2015 Page 2 On August 8, 2014, the property on the southeast corner of Etiwanda Avenue and Whittram Avenue was placed on the market by the property owners with a list price of $1,500,000. Given the anticipated need for this parcel in the future for construction of the grade separation, the acquisition of this property through an open market transaction will ensure a fair purchase price; eliminate additional costs associated with a future eminent domain transaction; and ensure that the property is not developed prior to construction of the grade separation. Staff has negotiated with the property owners a purchase price of$1,260,000 with a six-month lease-back of the property for storage.of landscaping supplies at a rate of $1,000 per month. In addition to the commercial lease-back included in the sale of the property, the current owners have leased the two residential homes located on the property on a month-to-month basis. The City would inherit these leases upon the close of escrow. Staff proposes to contract with a property management firm to manage both the residential and commercial leases on behalf of the City. The property management contract will be brought before the City Council after the close of escrow for consideration. It should also be noted that upon termination of the two residential leases by either the current tenants or the City, the tenants will be eligible for relocation assistance as defined by State law. Approval of the attached Real Estate Purchase Contract (Exhibit "B") and draft Commercial Lease Agreement (Exhibit "C")will ratify the negotiated terms and allow staff to proceed with opening escrow and completing the purchase. The draft Commercial Lease Agreement will be finalized prior to the close of escrow and executed upon confirmation by the City Attorney of substantial conformance to the attached draft agreement. In order to facilitate the purchase and management of the property, it is recommended that the City Council authorize the City Manager or his designee to execute all related agreements and documents associated with the purchase and on-going management of the activities of the parcel. Funds for the purchase of this property are available in Fund 198 but have not been budgeted. In order to cover the purchase price ($1,260,000) and associated escrow/closing costs (estimated at $20,000), staff recommends that the City Council appropriate funds in the amount of $1,280,000 to Account No. 11983035650/1076198-0. The attached agreements have been reviewed and approved as to form by the City Attorney's office. R specs ,;i .miffed, Mark A. Steuer Director of Engineering Services/City Engineer MAS/JCW:rlf Attachments: Exhibit"A"—Location Map Exhibit"B"— Deposit Receipt and Real Estate Purchase Contract Exhibit"C"— Draft Commercial Lease Agreement P54 , i i , I rr I 1 .11 , •II "1"';'Jil ! j 1--- lk ,..Ar"1 12949 IIVI- ttrani Average �t • _ (' AP N! D229-162-1-4 b _ I d• I e ! ~ -- i+ I J Z �. _e .3:1' T7 r f ' _ j w • r�l ' I 3 1 _. r F r i (/yam - ' « 1 1..54 " _ 7 t. ? -) ) .) ) ) ) .) ) ) ) . ) ) ) k • . . . r Exhibit "A" — Location Map P55 Exhibit "B" CB R E DEPOSIT RECEIPT AND REAL ESTATE PURCHASE CONTRACT CBRE,INC. LICENSED REAL ESTATE BROKER City:Rancho Cucamonga,California Date:March 24.2015 Received from City of Rancho Cucamonga ("Purchaser"), the sum of One Hundred Thousand Dollars($100,000)to be deposited into Escrow,as a deposit on account of the purchase price of fine Million Two Hundred Sixty Thousand Dollars ($1.260.000)for that certain property situated in the City of Rancho Cucamonga, County of San Bernardino, State of California,described as follows on Exhibit A. Flood Zone'No❑ Yes® (Attach Form 5230) To be provided by Escrow. Earthquake Zone:No® Yes❑(Attach Form 5228) TERMS OF SALE: 1. The opening deposit shall be placed into escrow for the account of Purchaser. The remainder of the purchase price shall be deposited in escrow by Purchaser as follows: All cash at the close of escrow. 2. Promptly after mutual execution of this Contract, Purchaser and Seller shall open an escrow with Rancho Hills Escrow, Rancho Cucamonga("Escrow Holders),and execute such instructions as Escrow Holder may request which are not inconsistent with the provisions of this Contract.Escrow shall be deemed open upon receipt by Escrow Holder of signed escrow instructions from Purchaser and Seller.Said escrow shall close on or before June 30.2015. 3. As soon as reasonably possible following opening of escrow. Seller shall pay for and furnish to Purchaser a Preliminary Title Report issued by Fidelity Title;c/o Ginger McCully on the Property(the"Report"), together with full copies of all exceptions in the Report. Purchaser shall have ten (10) days after receipt of the Report and said exceptions within which to notify Seller and Escrow Holder in writing of Purchaser's disapproval of any such exceptions. Failure of Purchaser to disapprove any such exceptions within the aforementioned time limit shall be deemed to be an approval of the Report. In the event Purchaser disapproves any exception(s)in the Report, Seller shall have until the date of closing to eliminate any disapproved exceptions from the policy of title insurance to be issued in favor of Purchaser, and if such exceptions are not eliminated then the escrow shall be cancelled and the deposit returned to Purchaser unless Purchaser then elects to waive its prior disapproval. Seller shall pay for and furnish to Purchaser a California Land Title Association standard policy of title insurance in the amount of the purchase price,showing title vested in Purchaser.Title to be conveyed by grant deed 4 If any condition stated in this Contract has not been eliminated or satisfied within the time limits and pursuant to the provisions of this Contract, then this Contract shall be deemed null and void, the deposit shall be returned to Purchaser,and the escrow shall be cancelled. 4!r/ Satgiy -�_._.. _. , . .. .,. •.• - - - ,. y�awnQ�upcdlstioa ----- - -. -- - warrants-11w4tw-Ise-event-any such.notwe-ar-AOticse--are-resw:yed a or acssaw-and-Se4ler is . . . - .:: oval or-any 6 Satter-. - •. •. - --: awA lk+e irwprevcRaowts - -•-•-- - •- Seller is unaware of any mate• defect in the Property or improvements thereon with the exception of the following: pia Purchaser shalt have sixty (601 days within which to investigate the Property,its value,zoning environmental and building matters affecting the a C.-- Property,its condition-including,but not limited to the presence of asbestos, hazardous materials and underground storage tanks—and its suitability for Purchasers intended use.If Purchaser gives written notice to Seller,by 5:00 p.m. of the final day of the above-referenced period,of dissatisfaction with any of the referenced matters, and Seller and Purchaser have not entered Into a mutually agreeable resolution of the matter by 5:00 p.m. sixty(60)days after the • opening date of escrow, this Contract shall be deemed cancelled and Purchaser shall be entitled to return of the deposit.If Purchaser fails to give written notice of dissatisfaction by 5:00 p.m.of the last day of the referenced period, then Purchaser's right to object to such matter shall be deemed waived. 7. Real property taxes, rentals, premiums on insurance accepted by Purchaser. interest on encumbrances, and operating expenses,if any, shall be prorated as of the date of recordation of the deed to Purchaser. Seller shall pay the cost of any documentary transfer tax required by any lawful authority. Purchaser and Seller shall each pay one- half of the escrow fees. 8. Neither this Contract nor any Interest therein shall be assignable by Purchaser without Seller's prior written consent. Notwithstanding the foregoing,Purchaser shall have the right to assign this Contract and Purchasers rights under it to an entity in which the Purchaser has an ownership interest and a right of management, subject to the terms and provisions of this agreement,provided that the assignee assumes all obligations of Purchaser and agrees to execute all documents and to perform all obligations imposed on Purchaser as if the assignee were the original Purchaser in this Contract.In no event shall such an assignment relieve Purchaser of its obligations under this Contract. GOT)NO 4(SO CA)RH'L92 I \Trrm CSlltrolnY S,otn,t.Srntnm 12.9 MGntnm•Nrcluse C.A,.d Ax. P56 9. This Contract constitutes the entire agreement between Purchaser and Seller regarding the Property,and supersedes all prior discussions. negotiations and agreements between Purchaser and Seller, whether oral or written. Neither Purchaser,Seller, nor Broker shall be bound by any understanding, agreement,promise,representation or stipulation concerning the Property,express or implied,not specified herein. 10. If the improvements of the Property are destroyed or materially damaged between the date hereof and the close of escrow, this Contract shall at Purchaser's election immediately become null and void. If Purchaser elects to accept the Property in its then condition,all proceeds of insurance payable to Seller by reason of such damage shall be paid to Purchaser 11. Time is of the essence of this Contract. 12. Any addendum attached hereto and either signed or initialed by Purchaser and Seller shall be deemed to be a part hereof. 13. Unless Seller accepts this offer to purchase the Property by signing and delivering a copy to Purchaser or Purchaser's agent on or before Tuesday, April 7,2015 this offer shall become null and void, and the deposit made herewith shall be returned to Purchaser. 14 to the event the deposit provided for herein is to be held in Broker's trust account, Purchaser and Seller understand and agree that due to the large number of Broker's clients and the resulting aggregate cash balances in Broker's accounts, Broker will derive direct benefits which shall be deemed permissible compensation to Broker in addition to any other amount provided for by this Contract. 15. The Foreign Investment in Real Property Tax Act (FIRPTA), IRC 1445, requires that every purchaser of U.S. real property must, unless an exemption applies, deduct and withhold from Seller's proceeds ten percent(10%)of the gross sales price. The primary exemptions which might be applicable are: (a) Seller provides Purchaser with an affidavit under penalty of perjury that Seller is not a "foreign person" as defined In FIRPTA, or(b) Seller provides Purchaser with a"qualifying statement,"as defined in FIRPTA, issued by the Internal Revenue Service. Seller and Purchaser agree to execute and deliver as appropriate,any Instrument,affidavit and statement, and to perform any acts reasonably necessary to carry out the provisions of FIRPTA and regulations promulgated thereunder. 16. Seller and Purchaser each warrant that they have dealt with no other real estate brokers in connection with this transaction except CBRE, Inc.,who represents);he City of Rancho Cucamonga,and Charlie Buquet,who represents / Gene DeBaise Anthony Cortese.and LorInds Cortese. qie 17 Seller agrees to pay Broker a real estate brokerage commission for services rendered in effecting this sale, in the amount called for in Seller's contract with Broker for the sale of the Property, if any, and otherwise in the amount of two and one-half percent(2.5%)of the accepted sales price.This commission is earned as of the mutual execution of this Contract, which is due and payable upon receipt of funds at the close of escrow. Escrow Holder is hereby Instructed to pay said commission to Broker out of Seller's proceeds at the close of escrow.This instruction shall not be withdrawn or modified without Broker's written consent and Purchaser and Seller agree that Broker is a third-party beneficiary of the Contract with respect to such commission.If earnest money or similar deposits made by Purchaser are forfeited, In addition to any other rights of Broker, Broker shall be entitled to one-half(1/2) thereof, but not to exceed the total amount of the commission, Nothing contained herein shall negate any additional rights Broker may have under any other contract between Seller and Broker for the sale of the Property. 18. The parties hereto agree to comply with all applicable federal, state and local laws, regulations, codes. ordinances and administrative orders having jurisdiction over the parties, property or the subject matter of this Agreement. including, but not limited to, the 1964 Civil Rights Act and all amendments thereto, the Foreign Investment in Real Property Tax Act,the Comprehensive Environmental Response Compensation and Liability Act,and The Americans With Disabilities Act. Purchaser hereby agrees to purchase the Property for the price and upon the terms and conditions set forth herein,and hereby acknowledges receipt of a copy of this Contract. CBRE,Inc. Purchaser.City of Rancho Cucamonga Licensed Real Estate Broker By John R.Gillison By: Title: City Manager Leonard Santoro Senior Vice PresidenULic.00758706 By Title: Address:10500 Civic Center Dr. Rancho Cucamonga,CA 91737 Date: Form No I SO CA)Roy 5,42 2 N T<am.CBRFFnmm Mrotm I.Santoro l_Ma%Human•Parolr Cavan dac, P57 The undersigned Seller hereby accepts this Contract and agrees to sell the Property to Purchaser for the price and on the terms and conditions set forth herein and hereby acknowledges receipt of this Contract. Seller's Gene De Blase,Anthony Cortese 8 Lorinda Cortese a se Blase BY: IS;/ 6/AW By: t. ,, °rind&C Address Date: CONSULT YOUR ADVISORS — This document has been prepared for approval by your attorney. No representation or recommendation is made by CBRE.Inc.as to the legal sufficiency or tax consequences of this document or the transaction to which it relates.These are questions for your attorney or accountant In any real estate transaction.it is recommended that you consult with a professional.such as a civil engineer,industrial hygienist or other person,with experience in evaluating the condition of the properly.including the possible presence of asbestos.hazardous materials and underground storage tanks. Form No 4 150 CA Roo 8618 3 r.`Teaen-CBKEFormaatnkan l Sunup'I_W9 NTmnm•YUCWao Cnmrcr doc• P58 CBRE A E INC. TO REAL ESTATE PURCHASE CONTRACT LICINIED REAL ESTATE MOW This is an Addendum to the Real Estate Purchase Contract dated March 24. 2015 between City of Rancho Cucamonga as Purchaser and Gene De Biese:Anthony Cortese:and Lorinda Cortese as Seller(the"Contract"), concerning the property known as 12949 Whittram Avenue. Rancho Cucamonga. CA 91730, as more specifically described in the Contract. The term "Real Estate Purchase Contract" shall be deemed to include a Deposit Receipt, Earnest Money Contract,or any similar document. 19.Real Estate Fees. It shall be understood that MN Capital (Charlie Buquet)represents Seller only and CBRE,Inc.(Len Santoro)represents and Buyer only in this transaction.The Parties herein acknowledge and agree to such representation.Upon close of escrow,CBRE,Inc.shall be paid a commission through escrow from the Seller's proceeds. Each party shall defend,indemnify and hold the other harmless from claims, liabilities, losses,damages,costs and expenses relating to or arising from fees or commissions payable to any broker, salesperson or finder engaged by the indemnifying party (except for the commission obligations expressly described herein,the liability for which shall be as described herein). 20.Seller hereby agrees that Purchaser shall have no obligations to Seller under any federal or state relocation laws or regulations,including without limitation,the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 at seq.), if applicable, or under Title 1, Division 7,Chapter 1 of the Government Code of the State of California(Section 7260 at seq.),or the Relocation Assistance and Real Property Acquisition Guidelines(Chapter 6 of Title 25 of the California Code of Regulations), notwithstanding the expiration or earlier termination of the new lease between Purchaser and Seller for a portion of the Property,and Seller hereby expressly waives and releases any and all relocation rights,claims and benefits. 21.Seller shall promptly obtain and deliver to Purchaser a Natural Hazard Disclosure Statement for the Property,and Buyer shall have the right to disapprove any matter thereon and terminate this Contract by written notice to Seller given within 30 days after receipt thereof. 22.Seller hereby stipulates and acknowledges that Purchaser is not acquiring the Property by threat of condemnation,and that this transaction is an arm's length purchase by Purchaser of property that was advertised and offered for sale by Seller prior to Purchaser's first contacting Seller. 23.It shall also be a condition to the close of escrow that Seller and Purchaser execute and deliver to escrow counterpart originals of(i)a new lease between Seller as tenant and Purchaser as landlord in the form attached as Exhibit B hereto;and(ii)and two notices to tenants in the form attached as Exhibit C hereto (addressed to each of the two existing tenants on the Property). Escrow holder shall deliver the counterpart leases to Purchaser and Seller and send the two letters to the addressees therein by Fed Ex (for next business day delivery)upon the closing.ft shall be a condition to closing that Seller deliver to Purchaser through escrow state and federal withholding exemption certificates(i.e.,CA 590 series and Federal FIRPTA certificates) so that no tax withholding from the purchase price is required by Purchaser. 24.The sum of$15,000 shall be held back from the purchase price by Purchaser and shall constitute the security deposit described in the new six(6)month lease(with monthly lease payments of$1,000.00 per month),which will be provided by Seller. 25.Although Purchaser may be buying the Property for a future public project,that project has not been sufficiently determined in order to analyze it under the California Environmental Quality Act ("CEQA"),and Purchaser has not made any commitments with respect to such project,but the project shall not be undertaken or approved without compliance with CEQA. 26.Seller agrees that Purchaser's relocation consultant(Elwood Hampton)shall be entitled to contact the two existing tenants on the Property during the escrow period. 27.Seller represents and warrants that except for the Natural Hazard Disclosure Statement, Seller has disclosed to Purchaser (or will promptly disclose to Purchaser, in writing, with copies of relevant documents)all material facts known to Purchaser about the Property,and Purchaser may terminate this Contract within thirty (30) days after receipt thereof based on its good faith disapproval of any such facts. Form No SAM K..4K1 N ITEAM.CBREFORMB**ROKER8IL.SMITORO,121MO WNRTRAM.PUICi4AS*ADDENDUM DOCK P59 28.This Contract is given by Seller to Purchaser in consideration of the payment of$5.00, Seller hereby acknowledging receipt thereof,and that no right herein of Purchaser to terminate shall be construed to make this Contract an option without consideration.Purchaser is expending material funds in reliance on this Contract. 29.Seller shall fully cooperate with Purchaser in obtaining access for inspection purposes to the portions of the Property currently leased to the two existing tenants. 30.Seller represents and warrants that a Lease between the Seller and Renee and Thomas Fedorka, dated March 1,2001 for the address of 11949 Whittram Avenue(the"Fedorka Lease"),and a Lease between the Seller and Antonio Salcedo,Magdalena Salcedo and Cynthia Rodarte,dated January 27,2009 for the address of 12949 Whittram Avenue(the"Salcedo Lease")are the only leases affecting the property and Purchaser has the right to require that as a condition to closing one or both leases be amended to the satisfaction of the City Manager in his sole and absolute discretion. Seller also acknowledges and agrees that the Purchaser will withhold from the purchase price S650.00 which is the security deposit for the Fedorka Lease and S1,500 which is the security deposit for the Salcedo Lease. In the event of any conflict between the terms of this Addendum and the Contract,the terms of this Addendum shall prevail. Purchaser: City of Rancho Cucamonga By: John R.Gillison Title: City Manager Address:1O50O Civic Center Dr. Rancho Cucamonga,CA 91737 Date: Seller's Gene Dc Biase,Anthony Cortese&Lorinda Cortese De Butse diff Cortese r By: y Lorinda Cortese Address: Date: fam No 6706 M1 N tTEAM-CRREPORYEISiOKEREri EANTOROIl2616WHRTRAM PURCHASE AODENC..rA: �K P60 Exhibit A "LEGAL DESCRIPTION OF LAND" The following land and all improvements Theron (collectively,the "Property"). Portions of Lots 437 and 438 Fontana Arrow Route Tract No 2102, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as per map recorded in Book 31,poge(s) 11 to 15 inclusive, of Mops, in the office of the County Recorder of said County, lying Westerly of a line hereafter referred to as Line°A"bearing South 5 Degrees 49 minutes 55 Seconds West from a point on the center line of Whittrom Avenue and 132.00 feet Westerly on the Northeast corner of said Lot 438 to a point on the South line of Lot 438 and 184.03 feet Westerly of the Southeast corner of said Lot 438,said portions of Lots 437 and 438,more particularly described as follows: Beginning at a point being at the center line intersections of Etiwanda Avenue and Whittran Avenue;thence South 00 Degrees 22 Minutes 00 Seconds West along the center line of Etiwanda Avenue 242.61 feet; thence South 89 Degrees 21 Minutes 54 Seconds East 524.63 feet to a point on line"A';thence North 5 Degrees 49 Minutes 55 Seconds East along line"A'255.49 feet to a point on the center line of Whittram Avenue;thence South 89 Degrees 24 Minutes 00 Seconds West along said center line 549.04 feet to the Point of Beginning. Except therefrom the North 44 feet and the West 50 feet for street purposes. r - r, 4 tray I w.wmnn-w°r coon..ex. P61 r AIR Al C CIA REA ESTATE ASSOCIATION STANDARD INDUS RIAUCOMMERCIAL SINGLE-TENANT LEASE -- GROSS (DO NOT USE THIS FORM FOR MULTI-TENANT BUILDINGS) 1. Basic Provisions("Basic Provisions"). 1.1 Parties: This Lease("Lease"),dated for reference purposes only April 7, 2015 , is made by and between The City of Rancho Cucamonga ("Lessor") and Gene De Biase; Anthony Cortese; and Lorinda Cortese ("Lessee"), (collectively the"Parties,"or individually a"Party"). 1.2 Premises: That certain real property,including all improvements therein or to be provided by Lessor under the terms of this Lease, and commonly known as APN: 0229-162-14 . located in the County of San Bernardino ,State of California . and deecrlbcd on Exhibit'A',eubJect to all matters of record and all existing Icaeee. property and, if applicable, the "Project", if lhs property is located within a Project) ("Premises"). (See also Paragraph 2) 1.3 Term:-0- years a�sift' (6) I Term")commencing on the data Lessor acquires the Premises from Le9'seis Date") and ending January 6, 2016 ("Expiration Date"). (See also Pare graph 3) 1.4 Early Possession: Premises are available Lessee may have non-exclusive possession of the Premises commencing upon the close of Escrow ("Early Possession Date"). (See also Paragraphs 3.2 and 3.3) 1.5 Base Rent: $1,000.00 per month("Base Rent"),payable on the 7th day of each month commencing July 7, 2015 . (See also Paragraph 4) ❑If this box is checked.there are provisions in this Lease for the Base Rent to be adjusted.See Paragraph 1.6 Base Rent and Other Monies Paid Upon Execution: (a) Base Rent:$1,000.00 for the period Commencement Date - August 6, 2015 (b) Security Deposit:$15,000.00 ("Security Deposit"). (See also Paragraph 5) (c) Association Foes:$ for the period (d) Other: S ler (e) Total Due Upon Execution of this Lease:$1,000.00 (the security deposit is being retained by Lessor from the Purchase Price payable to Lessee) 1.7 Agreed Use:S_t orage of landscaping supplies (See also Paragraph 6) 1.8 Insuring Party. Lessor is the"Insuing arty". annual"Base Premium"is$ (See also Paragraph 8) 1.9 Real Estate Brokers:(See al Paragra 15 2 (a)Representation:The toll real (the''Brokers")and brokerage relationships exist in this transaction(check applicable boxes): l B \\ ,/ ` roproconte Lotto(exclusively("Lessor's Broker'); B , , represents Leccee exclusively("Lessee's Broker");o'- B roprocentc both Los-or and Locsoo("Dual Agency"). 1.10 Guarantor.The obligations of the Leccoo under this Loaco are to So guarantoodby ("Guarantee') (See also Paragraph 37) 1.11 Attachments. Attached hereto are the following,all of which constitute a part of this Lease: ❑ an Addendum consisting of Paragraphs through . O a plot plan depicting the Premises; ❑ a current set of the Rules and Regulations: ❑ a Work Letter; ❑ a energy disclosure addendum is attached; ® other(specify):Exhibits 'A' and 'B'. Prior to the expiration and earlier termination of this Lease, Lessee shall at its sole cost and expense, shall perform the work described in Exhibit 'B', or Lessor may perform the work and pay for it with the security deposit . PAGE 1 OF 13 INITIALS INITIALS CO2001-AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM STG-21-11114E P62 2. Premises. 2.1 Letting. Lessor hey^b leases o Lessee,and Lessee hereby leases from essor,the Premises,for the tens,at the rental,and upon all of the terms,covenants and co ditions'set rth in this Lease. While,the approximate s uare footage of the Premises may have been used in the marketing of the Premises for purpo es of comp rison,the Base Rent stated herein is NOT ied to square footage and is not subject to adjustment should the actual size be determined to e different. Note:Lessee is advised•r"=yy the ac al size prior to executing this Lease. 2.2 Condition. Lessor hall deliver a Premised to Lessee broom clean and f e of debris on the Commencement Date or the Early Possession Date. whichever first occa ("Start' tee, and, so long as the required serve contracts desntbed in Paragraph 7,1(b)below are obtained by Lessee and in effect within irty dais fo owing the Start Date,warrants that the exis ing electrical,plumbing,fire sprinkler,lighting,heating, ventilating and air conditioning systems("HVAC"),I ding doors,sump pumps,if any,and all Cher such elements in the Premises,other than those constructed by Lessee,shall be in good operating condition on said date and that the surface and structural elements of the roof,bearing walls and foundation of any buildings on the Premises(the"Building")shall be free of material defects,and that the Unit does not contain hazardous levels of any mold or fungi defined as toxic under applicable state or federal law.If a noncompliance with said warranty exists as of the Start Date,or if one of such systems or elements should malfunction or fail within the appropriate warranty period,Lessor shall,as Lessor's sole obligation with respect to such matter,except as otherwise provided in this Lease,promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance,malfunction or failure,rectify same at Lessors expense. The warranty periods shall be as follows:(i)6 months as to the HVAC systems,and(ii)30 days as to the remaining systems and other elements of the Building. If Lessee does not give Lessor the required notice within the appropriate warranty period,correction of any such noncompliance,malfunction or failure shall be the obligation of Lessee at Lessee's sole cost and expense,except for the roof,foundations,and bearing walls which are handled as provided in paragraph 7.Lessor also warrants,that unless otherwise specified in writing,Lessor is unaware of(i)any recorded Notices of Default affecting the Premise;(ii)any delinquent amounts due under any loan secured by the Premises;and(iii)any bankruptcy proceeding affecting the Premises. 2.3 Compliance. Lessor warrants that to the best of its knowledge the improvements on the Premises comply with the building codes, applicable laws,covenants or restrictions of record,regulations,and ordinances("Applicable Requirements")that were in effect at the time that each improvement,or portion thereof,was constructed. Said warranty does not apply to the use to which Lessee will put the Premises,modifications which may be required by the Americans with Disabilities Act or any similar laws as a result of Lessee's use(see Paragraph 50).or to any Alterations or Utility Installations(as defined in Paragraph 7.3(a))made or to be made by Lessee. NOTE:Lessee is responsible for determining whether or not the Applicable Requirements,and especially the zoning,are appropriate for Lessee's Intended use,and acknowledges that pest uses of the Premises may no longer be allowed. If the Premises do not comply with said warranty,Lessor shall,except as otherwise provided,promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance,rectify the same at Lessors expense. If Lessee does not give Lessor written notice of a noncompliance with this warranty within 6 months following the Start Date, correction of that noncompliance shall be the obligation of Lessee at Lessee's sole cost and expense. If the Applicable Requirements are hereafter changed so as to require during the term of this Lease the construction of an addition to or an alteration of the Premises and/or Building, the remediation of any Hazardous Substance,or the reinforce ent.or othe-physic l modification oflthe-UnirP r Building("Capital Expenditure"),Lessor and Lessee shall allocate the cost of such rk as foil : (a)Subject to Para raph 2.3(c) elow,if such Capital Expenditures are req fired as a result of the specific and unique use of the Premises by Lessee as compared with ses by tens is in general,ILessee shall be fully responsible for the cost thereof,provided,however that if such Capital Expenditure is required during t e last 2 yea of this Lease zncethe wsIthereef exceeds 6 months'Base Rent,Lessee may instead terminate this Lease unless Lessor notifies Less e, in wridn ,within 10 days-after receipt of Lessee's termination notice that Lessor has elected to pay the difference between the actual cost they f and arta oust equal/to 6 months'Base Rent. If Lessee elects termination,Lessee shall immediately cease the use of the Premises which require such,Capit I Ezpanditure and deliver to Lessor written notice specifying a termination date at least 90 days thereafter. Such termination date shelrhowever,In no event be earlier'than the last day that Lessee could legally utilize the Premises without commencing such Capital Expenditure. (b)If such Capital Expenditure is not the result of the specific and unique use of the Premises by Lessee(such as,governmentally mandated seismic modifications),then Lessor shall pay for such Capital Expenditure and Lessee shall only be obligated to pay.each month during the remainder of the term of this Lease or any extension thereof,on the date that on which the Base Rent is due,an amount equal to 1/144th of the portion of such costs reasonably attributable to the Premises. Lessee shall pay Interest on the balance but may prepay its obligation at any time.If,however, such Capital Expenditure is required during the last 2 years of this Lease or if Lessor reasonably determines that it is not economically feasible to pay its share thereof,Lessor shall have the option to terminate this Lease upon 90 days prior written notice to Lessee unless Lessee notifies Lessor,in writing,within 10 days after receipt of Lessor's termination notice that Lessee will pay for such Capital Expenditure. If Lessor does not elect to terminate,and fails to tender its share of any such Capital Expenditure,Lessee may advance such funds and deduct same,with Interest,from Rent . until Lessors share of such costs have been fully paid. If Lessee is unable to finance Lessor's share,or if the balance of the Rent due and payable for the remainder of this Lease is not sufficient to fully reimburse Lessee on an offset basis,Lessee shall have the right to terminate this Lease upon 30 days written notice to Lessor. (c) Notwithstanding the above, the provisions conceming Capital Expenditures are intended to apply only to non-voluntary, unexpected, and new Applicable Requirements. If the Capital Expenditures are instead triggered by Lessee as a result of an actual or proposed change in use,change in intensity of use,or modification to the Premises then,and in that event,Lessee shall either.(i)immediately cease such Changed use or intensity of use and/or take such other steps as may be necessary to eliminate the requirement for such Capital Expenditure,or(ii) complete such Capital Expenditure at its own expense.Lessee shall not,however,have any right to terminate this Lease. 2.4 Acknowledgements. Lessee acknowledges that: (a)it has been given an opportunity to inspect and measure the Premises,(b)it has been advised by Lessor and/or Brokers to satisfy itself with respect to the size and condition of the Premises(induding but not limited to the electrical,HVAC and fire sprinkler systems,security,environmental aspects,and compliance with Applicable Requirements and the Americans with Disabilities Act),and their suitability for Lessee's intended use,(c)Lessee has made such investigation as it deems necessary with reference to such matters and assumes all responsibility therefor as the same relate to its occupancy of the Premises,(d)it is not relying on any representation as to the size of the Premises made by Brokers or Lessor,(e the square footage of the-Premises real to Lessee's decision to lease the Premises and pay the Rent stated herein,and(0 either r,Lessors agents,nor Brokers have mad any oral or written representations or warranties with respect to said matters other than as at forth\in his Leese. Irj addition, Lessor ackno'Me ges that: (i)Brokers have made no representations, promises or warranties conceming Les e's ability t honoythe Leese or suitability to occupy th Premises,and(ii)it is Lessors sole responsibility to investigate the financial capability and/o suitabilitylo alt.proposed tenants. I- 2.5 Lessee as Prior ner/Occup L The wa®nties\made by Lessor in Pe graph 2 shall be of no force or effect if immediately prior to the Start Date Lessee was the er ovo upant of NC Premises. In such event,Le ee shall be responsible for any necessary corrective work. Tarts. N / \ 3.1 Tenn. The Commencement Date,Expiration Date and Original Term of this Lease are as specified in Paragraph 1.3. 3.2 Early Possession. Any provision herein granting Lessee Early Possession of the Premises is subject to and conditioned upon the Premises being available for such possession prior to the Commencement Date. My grant of Early Possession only conveys a non-exclusive right to occupy the Premises. If Lessee totally or partially occupies the Premises prior to the Commencement Date,the obligation to pay Base Rent shall be abated for the period of such Early Possession. All other terms of this Lease(including but not limited to the obligations to pay Real Property Taxes and insurance premiums and to maintain the Premises)shall be in effect during such period. Any such Early Possession shall not affect the Expiration Date. 3.3 Delay In Possession. Lessor agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Commencement Date. If,despite said efforts,Lessor is unable to deliver possession by such date,Lessor shall not be subject to any liability therefor,nor shall such failure affect the validity of this Lease or change the Expiration Date.Lessee shall not,however,be obligated to pay Rent or perform its other obligations until Lessor delivers possession of the Premises and any period of rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Lessee would otherwise have enjoyed under the terms hereof,but minus any days of delay caused by the acts or omissions of Lessee. If possession is not delivered within 60 days after the Commencement Date,as the same may be extended under the terms of any Work Letter executed by Parties,Lessee may,at its option,by notice in writing within 10 days after the end of such 60 day period,cancel this Lease,in which event the Parties shall be discharged from all obligations hereunder. If such written notice is not received by Lessor within said 10 day period,Lessee's right to cancel shall terminate. If possession of the Premises is not delivered within 120 days after the Commencement Date.this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in wiling. 3.4 Lessee Compliance. Lessor shall not be required to deliver possession of the Premises to Lessee until Lessee complies with its obligation to provide evidence of insurance (Paragraph 8.5). Pending delivery of such evidence, Lessee shall be required to perform all of its PAGE 2 OF 13 INITIALS INITIALS 02001-AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM STG-21.11/14E P63 obligations under this Lease from and after the Start Date,induding the payment of Rent,notwithstanding Lessor's election to withhold possession pending receipt of such evidence of insurance. Further,if Lessee is required to perform any other conditions prior to or concurrent with the Start Date, the Start Date shall occur but Lessor may elect to withhold possession until such conditions are satisfied. 4. Rent • 4.1. Rent Defined. All onetary ob igationa of Lessee to Lessor under the to s of this Lease(except for the Security Deposit)are I deemed to be rent("Rent"). \ / 4.2 Payment. . Less shall a payment of Rent to be received by Lessor in lawful money of the United States,without offset or deduction(except as specifically pennitt d in this Le se)ran or before the doyon-whMh-it is due All monetary amounts shall be rounded to the nearest whole dollar. In the event that any invoi prepared y Lessor is ihaccu®te such inaccuracy she I not constitute a waiver and Lessee shall be obligated to pay the amount set forth in this Leas . Rent Tor any period during the term hereof which is or less than one full calendar month shall be prorated based upon the actual number of days saie month Payment of Rent shall be made to Lessor t its address stated herein or to such other persons or place as Lessor may from time to time Bnate in ling''Acceptance of alpayment which is less than the amount then due shall not be a waiver of Lessor's rights to the balance of such Rent,regardless of Lessor's endorsement of any check so staling. In the event that any check,draft,or other instrument of payment given by Lessee to Lessor is dishonored for any reason,Lessee agrees to pay to Lessor the sum of 325 in addition to any Late Charge and Lessor,at its option,may require all future payments to be made by Lessee to be by cashier's check. Payments will be applied first to accrued late charges and attorneys fees, second to accrued interest,then to Base Rent,Insurance and Real Property Taxes,and any remaining amount to any other outstanding charges or costs. . 4.3 Association Fees. In addition to the Base Rent, Lessee shall pay to Lessor each month an amount equal to any owners • association or condominium fees levied or assessed against the Premises. Said monies shall be paid at the same time and in the same manner as the Base Rent. 5. Security Deposit. Lessee shall deposit with Lessor upon execution hereof the Security Deposit as security for Lessee's faithful performance of its obligations under this Lease. If Lessee fails to pay Rent.or otherwise Defaults under this Lease,Lessor may use,apply or retain all or any portion of said Security Deposit for the payment of any amount already due Lessor, for Rents which will be due in the future, and/or to reimburse or compensate Lessor for any liability,expense,loss or damage which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of the Security Deposit,Lessee shall within 10 days after written request therefor deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease.If the Base Rent increases during the term of this Lease,Lessee shall,upon written request from Lessor,deposit additional monies with Lessor so that the total amount of the Security Deposit shall at all times bear the same proportion to the increased Base Rent as the initial Security Deposit bore to the initial Base Rent. Should the Agreed Use be amended to accommodate a material change in the business of Lessee or to accommodate a sublessee or assignee, Lessor shall have the right to increase the Security Deposit to the extent necessary,in Lessors reasonable judgment,to account for any increased wear and tear that the Premises may suffer as a result thereof. If a change in control of Lessee occurs during this Lease and following such change the financial condition of Lessee is,in Lessors reasonable judgment, ' significantly reduced, Lessee shall deposit such additional monies with Lessor as shall be sufficient to cause the Security Deposit to be at a commercially reasonable level based on such change in financial condition. Lessor shall not be required to keep the Security Deposit separate from its general accounts.within 90 days after the expiration or termination of this Lease,Lessor shall realm that portion of the Security Deposit not used or applied Leby ssee Lessor.No part of the Saari De sit s1uN ha considered be neldin-trust;io-0esrynlerest or to be prepayment for any monies to be paid by Lessee under this Lease. \ 6. Use. 6.1 Use. Lessee shall use and o py thaPremises only loathe Agreed Use,cr any other legal use which is reasonably comparable thereto,and for no other purpose. Les a shall no use-or permjl the use of N.f\.mises in a manner that is unlawful,creates damage,waste or a nuisance,or that disturbs occupants of r causes da ge to neiAhMdng premises or properties.Other than guide,signal and seeing eye dogs,Lessee shall not keep or allow in the Premises any pate,a imnls,birds,fish,or\reptiles.Lessor shall not unreasonably withhold or delay its consent to any written request for a modification of the reed'Use,so long as,the same will not impair the structural integrity of the improvements on the Premises or the mechanical or electrical systems th ein,and/or s not significantly more burdensome to the 'remises. If Lessor elects to withhold consent,Lessor shall within 7 days after such request give written notification of same,which notice shall include an explanation of Lessors objections to the change in the Agreed Use. 6.2 Hazardous Substances. (a)Reportable Uses Require Consent The term"Hazardous Substance" as used in this Lease shall mean any product, substance,or waste whose presence,use,manufacture,disposal,transportation,or release,either by itse0 or in combination with other materials expected to be on the Premises,is either(i)potentially injurious to the public health,safety or we0are,the environment or the Premises,hi)regulated or monitored by any governmental authority,or(iii)a basis for potential liability of Lessor to any governmental agency or third party under any applicable statute or common law theory. Hazardous Substances shall include,but not be limited to.hydrocarbons.petroleum,gasoline,and/or crude oil or any products. by-products or fractions thereof. Lessee shall not engage in any activity in or on the Premises which constitutes a Reportable Use of Hazardous Substances without the express prior written consent of Lessor and timely compliance (at Lessee's expense) with all Applicable Requirements. "Reportable Use"shall mean(i)the installation or use of any above or below ground storage tank,(ii)the generation,possession. storage,use,transportation,or disposal of a Hazardous Substance that requires a permit from,or with respect to which a report,notice,registration or business plan is required to be filed with,any governmental authority,and/or(iii)the presence at the Premises of a Hazardous Substance with respect to which any Applicable Requirements requires that a notice be given to persons entering or occupying the Premises or neighboring properties. Notwithstanding the foregoing, Lessee may use any ordinary and customary materials reasonably required to be used in the normal course of the Agreed Use,ordinary office supplies(copier toner, liquid paper,glue,etc.)and common household cleaning materials, so long as such use is in compliance with all Applicable Requirements,is not a Reportable Use,and does not expose the Premises or neighboring property to any meaningful risk of contamination or damage or expose Lessor to any liability therefor. In addition,Lessor may condition its consent to any Reportable Use upon receiving such additional assurances as Lessor reasonably deems necessary to protect itsed,the public,the Premises and/or the environment against damage,contamination,injury and/or liability,induding,but not limited to,the installation(and removal on or before Lease expiration or termination)of protective modifications(such as concrete encasements)and/or increasing the Security Deposit. (b)Duty to Inform Lessor. If Lessee knows,or has reasonable cause to believe,that a Hazardous Substance has come to be located in,on,under or about the Premi es„other then as previouslyxconsented.to•by Les sor-tgsseeshall immediately give written notice of such fact to Lessor,and provide Lessor with a co y of any reflort,netice,claim or other documentation yd%JI{ich it has conceming the presence of such Hazardous Substance. . (c)Lessee Remedl Lion. Less shal)not cause\or permit any Hazardou Substance to be spilled or released in,on,under.or about the Premises(including through the plumbinior-sanitary Bawer system)and-shall promptly.at Lessee's expense,comply with all Applicable Requirements and take all investigatory and/or remedial action reasonably recommended,whetttltt��ler or not formally ordered or required,for the cleanup of any contamination of,and for the ma ntenance.secimty and/or monitoring iof the Premises od neighboring properties.that was caused or materially contributed to by Lessee,or pertaining �u(volvir g any Hazardous Substance brought onto he Premises during the term of this Lease,by or for Lessee,or any third party. (d)Lessee Indemnification. Lessee shall indemnify, defend and hold Lessor,its agents,employees,lenders and ground lessor, if any, harmless from and against any and all loss of rents and/or damages,liabilities,judgments,claims,expenses.penalties,and attomeys'and consultants'fees arising out of or involving any Hazardous Substance brought onto the Premises by or for Lessee, or any third party(provided, however,that Lessee shall have no liability under this Lease with respect to underground migration of any Hazardous Substance under the Premises from adjacent properties not caused or contributed to by Lessee). Lessee's obligations shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by Lessee,and the cost of investigation,removal,remediation, restoration and/or abatement,and shall survive the expiration or termination of this Lease. No termination,cancellation or release agreement entered Into by Lessor and Lessee shall release Lessee from Its obligations under this Lease with respect to Hazardous Substances,unless specifically so agreed by Lessor in writing at the time of such agreement. (f) Investigations and Remediations. Lessor shall retain the responsibility and pay for any investigations or remediation measures required by govemmental entities having jurisdiction with respect to the existence of Hazardous Substances on the Premises prior to Lessee's occupancy,unless such remediation measure is required as a result of Lessee's use(including'Alterations',as defined in paragraph 7.3(a) below)of the Premises,in which event Lessee shall be responsible for such payment. Lessee shall cooperate fully in any such activities at the request of Lessor,induding allowing Lessor and Lessor's agents to have reasonable access to the Premises at reasonable times in order to corny out Lessors PAGE 3 OF 13 INITIALS INITIALS ©2001•AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM STG-21-11/14E P64 investigative and remedial responsibilities. (g)Lessor Termination Option. If a Hazardous Substance Condition(see Paragraph 9.1(e))occurs during the term of this Lease, unless Lessee is legally responsible therefor(in which case Lessee shall make the investigation and remediation thereof required by the Applicable Requirements and this Lease shall con' in full f and effect,but subject-to-Lessor' • -ender Paragraph 6.2(d)and Paragraph 13),Lessor may,at Lessor's option,either(i)inve tigate`and rkmedlate such'Hazardous Substance Con ition,if required,as soon as reasonably possible at Lessors expense,in which event this L1gx4ams�ee shall continue in full force and effect,re(^)a ^^�^^--g..9 r eea'°cud,wearer-,exc "r'2 lime,1^°1h°^rr^�hly°"'°P^rt or$1 °p ,n^^."ii^^°' 'a-g•o^tir,give whiten notice to Less e,within 30 days after receipt by Lessor of knowledge of the occurrence of such Hazardous S bstance Condition,of Lessors desire to terminate this Lase as of the date 60 days following the date of such • notice. In the event Lessor elects to ive a termination notice'Lessee may,within 10 days thereafter,give written notice to Lessor of Lessee's commitment to pay the amount by which the cost'of thetemediabon of such Hazardous Substance Condition exceeds an amount equal to 12 times the then monthly Base Rent or$100,000,dhicheyer is'greater. Lessee shall provide Lessor with Laid funds or satisfactory assurance thereof within 30 ' le days following such commitment. In suenf,this Leas,shall continue1in'full force and effedt,and Lessor shall proceed to make such remediation as soon as reasonably possible after the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the time provided,this Lease shall terminate as of the date specified in Lessors notice of termination. 6.3 Lessee's Compliance with Applicable Requirements. Except as otherwise provided in this Lease,Lessee shall,at Lessee's sole expense,fully. diligently and in a timely manner, materially comply with all Applicable Requirements,the requirements of any applicable fire insurance underwriter or rating bureau,and the recommendations of Lessors engineers and/or consultants which relate in any manner to the Premises, without regard to whether said Applicable Requirements are now in effect or become effective after the Start Date. Lessee shall,within 10 days after receipt of Lessor's written request. provide Lessor with copies of all permits and other documents, and other information evidencing Lessee's compliance with any Applicable Requirements specified by Lessor,and shall immediately upon receipt. notify Lessor in writing(with copies of any documents involved)of any threatened or actual claim.notice.citation,warning.complaint or report pertaining to or involving the failure of Lessee or the Premises to comply with any Applicable Requirements.Likewise,Lessee shall immediately give written notice to Lessor of:(i)any water damage to the Premises and any suspected seepage,pooling,dampness or other condition conducive to the production of mold;or(ii)any mustiness or other odors that might indicate the presence of mold in the Premises.In addition.Lessee shall provide Lessor with copies of its business license,certificate of occupancy and/or any similar document within 10 days of the receipt of a written request therefor. 6.4 Inspection;Compliance. Lessor and Lessors"Lender(as defined in Paragraph 30)and consultants shall have the right to enter into Premises at any time,in the case of an emergency,and otherwise at reasonable times after reasonable notice,for the purpose of inspecting the condition of the Premises and for verifying compliance by Lessee with this Lease. The cost of any such inspections shall be paid by Lessor.unless a violation of Applicable Requirements.or a Hazardous Substance Condition(see paragraph 9.1)is found to exist or be imminent,or the inspection is requested or ordered by a governmental authority. In such case,Lessee shall upon request reimburse Lessor for the cost of such inspection,so long as such inspection is reasonably related to the violation or contamination. In addition,Lessee shall provide copies of all relevant material safety data sheets(MSDS)to Lessor within 10 days of the receipt of a written request therefor. 7. Maintenance;Repairs;Utility Installations;Trade Fixtures and Alterations. 7.1 Lessee's Obligations. (a)In General. Su 'ectio the p 'signs of Paragraph 2.2-(Condition), . ' nce).6.3(Lessee's Compliance with Applicable Requirements), 7.2(Lessor's Obligatio s), 9%-(l)am ge or-Destruction).and I14(Condemnatio ), Lessee shall,at Lessee's sole expense. keep the Premises, Utility Installations(intended for Lessee' exclusive use, p matter where located) and Alterations in good order, condition and repair (whether or not the portion of the Premi es requirin repairs,or the means of repairing the sam ,are reasonably or readily accessible to Lessee,and whether or not the need for such repai occurs as result of Lessee'S1use,',tiny-War-use,the lements or the age of such potion of the Premises), including,but not limited to,all equipm nt or(aciiti such as plumbing,HVAC equipment,el rical,lighting facilities.boilers,pressure vessels,fire protection system,fixtures,walls(interi r and erte or)cceilings!floors,windows,doors,plate lass,skylights,landscaping,driveways;parking lots, fences,retaining walls,signs,sidewalk andyarkwa s located in.on,or adjacent to the Premis s.Lessee is also responsible for keeping the roof and roof drainage dean and free of debris.Lessor shall keep the surface and Wilshire!elements of he roof,foundations,and bearing walls in good repair (see paragraph 7.2). Lessee,in keeping the Premises in good order,condition and repair,shall exercise and perform good maintenance practices, specifically including the procurement and maintenance of the service contracts required by Paragraph 7.1(b)below.Lessee's obligations shati include restorations.replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order,condition and state of repair. Lessee shall,during the term of this Lease,keep the exterior appearance of the Building in a first-class condition(including,e.g. graffiti removal)consistent with the exterior appearance of other similar facilities of comparable age and size in the vidnity,including,when necessary. the exterior repainting of the Building. (c)Failure to Perform. If Lessee fails to perform Lessee's obligations under this Paragraph 7.1,Lessor may enter upon the Premises after 10 days'prior written notice to Lessee(except in the case of an emergency,in which case no notice shall be required),perform such obligations on Lessee's behalf,and put the Premises in good order,condition and repair,and Lessee shall promptly pay to Lessor a sum equal to 115% of the cost thereof. (d)Replacement.Subject to Lessee's indemnification of Lessor as set forth in Paragraph 8.7 below,and without relieving Lessee of liability resulting from Lessee's failure to exercise and perform good maintenance practices,if an item described in Paragraph 7.1(b)cannot be repaired other than at a cost which is in excess of 50%of the cost of repladng such item,then such item shall be replaced by Lessor,and the cost thereof shall be prorated between the Parties and Lessee shall only be obligated to pay.each month during the remainder of the term of this Lease,on the date on which Base Rent is due,an amount equal to the product of multiplying the cost of such replacement by a fraction,the numerator of which is one,and the denominator of which is 144(i.e.1/144th of the cost per month). Lessee shall pay Interest on the unamonized balance but may prepay its obligation at any time. 7.2 Lassoes Obligatio s_Skubject -the provisions.of Para raphs'2:2( " ) (Compliance),9(Damage or Destruction)and 14(Condemnation),it is intended by the Parties\her o thatLessor have no obligation.in any m ner whatsoever,to repair and maintain the Premises, or the equipment therein,all of which bligations a e intended to be that oft the Lessee,exce t for the surface and structural elements of the roof, foundations and bearing walls,the repay of which ash II be the responsibility o Lessor upon recei t of written notice that such a repair is necessary. It is the intention of the Parties that the to s of this Lease-govem the respectivehobligatiens of the arties as to maintenance and repair of the Premises, and they expressly waive the benefit of ny statute npw or hereafter'n effect to the extent it is in nsistent with the terms of this Lease. 7.3 Utility Installations Trade Fixtures;Alterations. (a)Definitions. Thb tem:'1Util1y Installations"refers t0 all floor and win w coverings,air and/or vacuum lines,power panels, electrical distribution,security and fire protection systems,communication cabling.lighting fixtu es,HVAC equipment.plumbing.and fencing in or on the Premises. The term"Trade Fixtures"shall mean Lessee's machinery and equipment that can be removed without doing material damage to the . Premises. The term"Alterations"shall mean any modification of the improvements,other than Utility Installations or Trade Fixtures,whether by addition or deletion. "Lessee Owned Alterations and/or Utility Installations"are defined as Alterations and/or Utility Installations made by Lessee that are not yet owned by Lessor pursuant to Paragraph 7.4(a). (b)Consent Lessee shall not make any Alterations or Utility Installations to the Premises without Lessor's prior written consent. Lessee may,however,make non-structural Alterations or Utility Installations to the interior of the Premises(excluding the roof)without such consent but upon notice to Lessor,as long as they are not visible from the outside,do not involve puncturing,relocating or removing the roof or any existing walls, will not affect the electrical,plumbing, HVAC, and/or life safety systems.and the cumulative cost thereof during this Lease as extended does not exceed a sum equal to 3 month's Base Rent in the aggregate or a sum equal to one month's Base Rent in any one year. Notwithstanding the foregoing.Lessee shall not make or permit any roof penetrations and/or install anything on the roof without the prior written approval of Lessor. Lessor may,as a precondition to granting such approval,require Lessee to utilize a contractor chosen and/or approved by Lessor. Any Alterations or Utility Installations that Lessee shall desire to make and which require the consent of the Lessor shall be presented to Lessor in written form with detailed plans. Consent shall be deemed conditioned upon Lessee's: (i)acquiring all applicable govemmental permits,(ii)furnishing Lessor with copies of both the permits and the plans and specifications prior to commencement of the work,and(iii)compliance with all conditions of said permits and other Applicable Requirements in a prompt and eryedifious manner, My Alterations or Utility Installations shall be performed in a workmanlike manner with good and sufficient materials. Lessee shall promptly upon completion furnish Lessor with as-built plans and specifications.For work which costs an amount in excess of one month's Base Rent,Lessor may condition its consent upon Lessee providing a lien and completion bond in an amount equal to 150%of the estimated cost of such Alteration or Utility Installation and/or upon Lessee's posting an additional Security Deposit with Lessor. (c)Liens;Bonds. Lessee shall pay.when due,all claims for labor or materials furnished or alleged to have been furnished to or for Lessee at or for use on the Premises,which claims are or may be secured by any mechanic's or materialmen's lien against the Premises or any PAGE 4 OF 13 INITIALS INITIALS 02001-AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM STG-21-11/14E P65 interest therein. Lessee shall give Lessor not less than 10 days notice prior to the commencement of any work in,on or about the Premises,and Lessor shall have the right to post notices of non-responsibility. If Lessee shall contest the validity of any such ten,claim or demand,then Lessee shall,at its sole expense defend and protect itself,Lessor and the Premises against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof. If Lessor shall require,_Lessee shall-ftimisha surely bond in an amount equal to 150%of the amount of such contested lien,claim o demand,indemnifying Les,againet lability for the same. If Lessor elects to participate in any such action, Lessee shall pay Lessor's attorneys'fee and costs. 1 7.4 Ownership;Remo al;Surrend r,and Restoraton. (a)Ownership. S ject to Les ofs.dght to requirelremovolorelect owne hip as hereinafter provided,all Alterations and Utility Installations made by Lessee shall be 1 property o'Lessee,but co0aidGred is pan of the Premi}es. Lessor may,at any time,elect in writing to be the owner of all or any specified part of the essee Oen &Alterations and Utility Installations. Unlet}�s otherwise instructed per paragraph 7.4(b)hereof,all Lessee Owned Alterations and Utility Installations shall, at tiie expiration or termination of his Lease, become the property of Lessor and be surrendered by Lessee with the Premis \ / t (b)Removal. By delivery to Lessee of written notice from Lessor not earlier than 90 and not later than 30 days prior to the end of the term of this Lease,Lessor may require that any or all Lessee Owned Alterations or Utility Installations be removed by the expiration or termination of this Lease. Lessor may require the removal at any time of all or any part of any Lessee Owned Alterations or Utility Installations made without the required consent. (c)Surrender;Restoration. Lessee shall surrender the Premises by the Expiration Date or any earlier termination date,with all of the improvements,parts and surfaces thereof broom clean and free of debris,and in good operating order,condition and state of repair,ordinary wear and tear excepted. "Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice. Notwithstanding the foregoing,if this Lease is for 12 months or less,then Lessee shall surrender the Premises in the same condition as delivered to Lessee on the Stan Date with NO allowance for ordinary wear and tear. Lessee shall repair any damage occasioned by the installation. maintenance or removal of Trade Fixtures,Lessee owned Alterations and/or Utility Installations,furnishings,and equipment as well as the removal of any storage tank installed by or for Lessee. Lessee shall remove from the Premises any and all Hazardous Substances brought onto the Premises by or for Lessee,or any third party(except Hazardous Substances which were deposited via underground migration from areas outside of the Premises)to the level specified in Applicable Requirements. Trade Fixtures shall remain the properly of Lessee and shall be removed by Lessee. Any personal property of Lessee not removed on or before the Expiration Date or any earlier termination date shall be deemed to have been abandoned by Lessee and may be disposed of or retained by Lessor as Lessor may desire. The failure by Lessee to timely vacate the Premises pursuant to this Paragraph 7.4(c)without the express written consent of Lessor shall constitute a holdover under the provisions of Paragraph 26 below. 8. Insurance;Indemnity. 8.1 Payment of Premium Increases. (a)Lessee shall pay to Lessor any insurance cost increase("Insurance Cost Increase")occurring during the term of this Lease. Insurance Cost Increase is defined as any increase in the actual cost of the insurance required under Paragraph 8.2(b),8.3(a)and 8.3(b),over and above the Base Premium as hereinafter defined calculated on an annual basis.Insurance Cost Increase shall include but not be limited to increases resulting from the nature of Lessee's occupancy,any act or omission of Lessee,requirements of the holder of mortgage or deed of trust covering the Premises,increased valuation of the P ses and/ '-a-premium rate.increaser'Thepartie Bed to fill in the Base Premium in paragraph 1.8 with a reasonable premium for the R uired"nsurdnce based onutne Agreed Use of the P ises. If the parties fail to insert a dollar amount in Paragraph 1.8,then the Base Premium hall be the lowest annual prenuum reasonably obtainabl for the Required Insurance as of the commencement of the Original Term for the Agreed U of the Premisesiln no even4 however,shall Lessee be responsible for any portion of the increase in the premium cost attributable to liability insurance carried by,Lessor under Paragraph 8-2fo1-in excel of$2,000,000 per occurrence. (b)Lessee shall pa any such)I suracece Cow Increase to Lessor within 30 days after receipt by Lessee of a copy of the premium statement or other reasonable evidence of the amo t due.If the insurance policies maintained IlIereunder cover other property besides the Premises, Lessor shall also deliver to Lessee a statement of th amount of such Insurance Cost Increase attributable only to the Premises showing in reasonable detail the manner in which such amountwai compu d.Premiums for policy periods commencing prior to,or extending beyond the term of this Lease. shall be prorated to correspond to the term of this Lease. 8.2 Liability Insurance. (a)Carried by Lessee.Lessee shall obtain and keep in force a Commercial General Liability policy of insurance protecting Lessee and Lessor as an additional insured against claims for bodily injury,personal injury and property damage based upon or arising out of the ownership, use,occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be on an occurrence basis providing single limit coverage in an amount not less than$1,000,000 per occurrence with an annual aggregate of not less than$2,000,000.Lessee shall add Lessor as an additional insured by means of an endorsement at least as broad as the Insurance Service Organization's"Additional Insured-Managers or Lessors of Premises"Endorsement.The policy shall not contain any intrainsured exclusions as between insured persons or organizations,but shall include coverage for liability assumed under this Lease as an"insured contract"for the performance of Lessee's indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Lessee nor relieve Lessee of any obligation hereunder. Lessee shall provide an endorsement on its liability policy(ies)which provides that its insurance shall be primary to and not contributory with any similar insurance monied by Lessor,whose insurance shall be considered excess insurance only. (b)Carried by Lessor. Lessor shall maintain liability insurance as described in Paragraph 8.2(a),in addition to,and not in lieu of. the insurance required to be maintained by Lessee. lessee shall not be named as an additional insured therein. 8.3 Property Insurance-Building,Improvements and Rental Value. (a)Building and Improvements. The Insuring Party shall obtain and keep in force a policy or policies in the name of Lessor,with loss payable to Lessor,any ground-lessor,and to any Lender insuring loss or damage to the Premises. The amount of such insurance shall be equal to the full insurable replacement cost of the Premises,as the same shall exist from time to time,or the amount required by any Lender,but in no event . more than the commercially reasonable and available insurable value thereof.Lessee Owned Alterations and Utility Installations,Trade Fixtures,and lessee's personal property shall be insured by Lessee not by Lessor. If the coverage is available and commercially appropriate,such policy or policies shall insure against all risks of direct physical loss or damage(except the perils of flood and/or earthquake unless required by a Lender or included in the Base Premium),including coverage for debris removal and the enforcement of any Applicable Requirements requiring the upgrading,demolition, reconstruction or replacement of any p rtioeof the Premises as the result pf-a covere policy or policies shall also contain an agreed valuation provision in lieu of any coinsu nce Maus ,wraivv.of subrogation,and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor not less t an the adjusted U;S.Department of Labor onsumer Price Index for All Urban Consumers for the city nearest to where the Premises are I carted. Ifau insurance°overage has a deductible cla se,the deductible amount shall not exceed$5,000 per occurrence,and Lessee shall be liable f r such dedu jble'amountln the event of an labored Los . (b)Rental Value. he Insuring rty shall obtaine:PI keep in force a policy or policies in the name of Lessor with loss payable to Lessor and any Lender,insuring the loss of the full Rent for one year with an extended period indemnity for an additional 180 days("Rental Value insurance"). Said insurance shall contain an'agreed valuation provision\inl lieu of any coinsdrence clause,and the amount of coverage shall be adjusted annually to reflect the projeded-Rent otherwise payable by Lessee,for the next 12 month period. Lessee shall be liable for any deductible amount in the event of such loss. (c)Adjacent Premises. If the Premises are part of a larger building,or of a group of buildings owned by Lessor which are adjacent to the Premises,the Lessee shall pay for any increase in the premiums for the property insurance of such building or buildings if said increase is caused by Lessee's acts,omissions,use or occupancy of the Premises. 8.4 Lessee's Property,Business Interruption Insurance;Worker's Compensation Insurance. (a)Property Damage. Lessee shall obtain and maintain insurance coverage on all of Lessee's personal property,Trade Fixtures, and Lessee Owned Alterations and Utility Installations. Such insurance shall be full replacement cost coverage with a deductible of not to exceed $1,000 per occurrence. The proceeds from any such insurance shall be used by Lessee for the replacement of personal property,Trade Fixtures and Lessee Owned Alterations and Utility Installations. (b)Business Interruption. Lessee shall obtain and maintain loss of income and extra expense insurance in amounts as will reimburse Lessee for direct or indirect loss of eamings attributable to all perils commonly insured against by prudent lessees in the business of Lessee or attributable to prevention of access to the Premises as a result of such perils. (c)Worker's Compensation Insurance. Lessee shall obtain and maintain Workers Compensation Insurance in such amount as may be required by Applicable Requirements. Such policy shall include a'Waiver of Subrogation'endorsement. Lessee shall provide Lessor with a copy of such endorsement along with the certificate of insurance or copy of the policy required by paragraph 8.5. (d)No Representation of Adequate Coverage. Lessor makes no representation that the limits or forms of coverage of insurance specified herein are adequate to cover Lessee's property,business operations or obligations under this Lease. 8.5 Insurance Policies. Insurance required herein shall be by companies maintaining during the policy tens a"General Policyholders Rating"of at least A-.VII.as set forth in the most current issue of"Best's Insurance Guide",or such other rating as may be required by a Lender. Lessee shall not do or permit to be done anything which invalidates the required insurance policies. Lessee shall,prior to the Start Date,deliver to PAGE 5 OF 13 • INITIALS INITIALS 8)2001-AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM SIG-21-11/14E P66 Lessor certified copies of policies of such insurance or certificates with copies of the required endorsements evidencing the existence and amounts of the required insurance. No such policy shall be cancelable or subject to modification except after 30 days prior written notice to Lessor. Lessee shall, at least 10 days prior to the expiration of such policies,fumish Lessor with evidence of renewals or"insurance binders"evidencing renewal thereof,or Lessor may order such insurance and rge the st.thereof to Lessee,which-amount ble by Lessee to Lessor upon demand. Such polices shall be for a term of at least o e yeacior t length of the(emaining term of this Leas ,whichever is less. If either Patty shall fail to procure and maintain the insurance required to canied.by t,the other Party may,but shall not be requ red to,procure and maintain the same. 8.6 Waiver of Subrog on. Witho t affecting any other rights or remedies.L see and Lessor each hereby release and relieve the other,and waive their entire right to ver dame es against the other.forFless-ef.er tlamag to its property arising out of or incident to the perils required to be insured against herein. a effect of ch releases and waivers is not limited by he amount of insurance carried or required.or by any deductibles applicable hereto. The Pa es agree to eve their respeclive`property damage insu nce carders waive any right to subrogation that such companies may have against Lessor or essee/as a case may be,so long as the insurance is of invalidated thereby. 8.7 Indemnity. Except t'essors ross negligence or willful misconduct,Les a shall indemnity,protect,defend and hold harmless the Premises.Lessor and its agents,Lessors master or ground lessor,partners and Lenders.from and against any and all claims,loss of rents and/or damages,liens,judgments,penalties.attorneys'and consultants'fees,expenses and/or liabilities arising out of,involving,or in connection with,the use and/or occupancy of the Premises by Lessee. If any action or proceeding is brought against Lessor by reason of any of the foregoing mane's,Lessee shall upon notice defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be defended or indemnified. 8.8 Exemption of Lessor and its Agents from Liability. Notwithstanding the negligence or breach of this Lease by Lessor or its agents,neither Lessor nor its agents shall be liable under any circumstances for.(i)injury or damage to the person or goods,wares,merchandise or other property of Lessee,Lessee's employees,contractors,invitees,customers,or any other person in or about the Premises,whether such damage or injury is caused by or results from fire,steam,electricity,gas,water or rain,indoor air quality,the presence of mold or from the breakage,leakage, obstruction or other defects of pipes,fire sprinklers,wires,appliances,plumbing,HVAC or lighting fixtures,or from any other cause,whether the said injury or damage results from conditions arising upon the Premises or upon other portions of the building of which the Premises are a part,or from other sources or places,(ii)any damages arising from any act or neglect of any other tenant of Lessor or from the failure of Lessor or its agents to enforce the provisions of any other lease in the Project.or(iii)injury to Lessee's business or for any loss of income or profit therefrom. Instead,it is intended that Lessee's sole recourse in the event of such damages or injury be to file a claim on the insurance policy(ies)that Lessee is required to maintain pursuant to the provisions of paragraph 8. 8.9 Failure to Provide Insurance. Lessee acknowledges that any failure on its part to obtain or maintain the insurance required herein will expose Lessor to risks and potentially cause Lessor to incur costs not contemplated by this Lease.the extent of which will be extremely difficult to ascertain. Accordingly,for any month or portion thereof that Lessee does not maintain the required insurance and/or does not provide Lessor with the required binders or certificates evidencing the existence of the required insurance,the Base Rent shall be automatically increased.without any requirement for notice to Lessee.by an amount equal to 10%of the then existing Base Rent or$100,whichever is greater. The parties agree that such increase in Base Rent represents fair and reasonable compensation for the additional risk/costs that Lessor will incur by reason of Lessee's failure to maintain the required insurance. Such increase in Base Rent shall in no event constitute a waiver of Lessee's Default or Breach with respect to the failure to maintain such insurance,pre fit the exerc a deny of the Other rights and remedies g an a hereunder,nor relieve Lessee of its obligation to maintain the insura specified this ease. 9. Damage or Destruction. \ \ \1 J 9.1 Definitions. (a)"Premises Pa Ial Damage'N shall mean damage of,destruction to th improvements on the Premises, other than Lessee Owned Alterations and Utility Installatio s,which ca reasonably/be repdired in 6 months or le from the date of the damage or destruction. Lessor shall notify Lessee in writing within 30 d ys from the ate of the damage orideStmNon as to whe her or not the damage is Partial or Total. (b)"Premises Tote Destrucoo "shall mean damage of destruction to th Premises,other than Lessee Owned Alterations and Utility Installations and Trade Fixtures,which cannot reasonably be repaired in 6 months or less from the date of the damage or destruction. Lessor shall notify Lessee in writing within 30 days from the date of the damage or destruction as to whether or not the damage is Partial or Total. (c)"Insured Loss"shall mean damage or destruction to improvements on the Premises,other than Lessee Owned Alterations and Utility Installations and Trade Fixtures, which was caused by an event required to be covered by the insurance described in Paragraph 8.3(a), irrespective of any deductible amounts or coverage limits involved. (d)"Replacement Cost"shall mean the cost to repair or rebuild the improvements owned by Lessor at the time of the occurrence to their condition existing immediately prior thereto, including demolition, debris removal and upgrading required by the operation of Applicable Requirements,and without deduction for depreciation. (e)"Hazardous Substance Condition"shall mean the occurrence or discovery of a condition involving the presence of,or a contamination by,a Hazardous Substance,in,on,or under the Premises which requires restoration. 9.2 Partial Damage-Insured Loss. If a Premises Partial Damage that is an Insured Loss occurs,then Lessor shall.at Lessors expense,repair such damage(but not Lessee's Trade Fixtures or Lessee Owned Alterations and Utility Installations)as soon as reasonably possible and this Lease shall continue in full force and effect; provided.however,that Lessee shall,at Lessors election,make the repair of any damage or destruction the total cost to repair of which is$10,000 or less,and,in such event,Lessor shall make any applicable insurance proceeds available to Lessee on a reasonable basis for that purpose. Notwithstanding the foregoing,if the required insurance was not in force or the insurance proceeds are not sufficient to effect such repair,the Insuring Party shall promptly contribute the shortage in proceeds(except as to the deductible which is Lessee's responsibility)as and when required to complete said repairs. In the event,however,such shortage was due to the fact that,by reason of the unique nature of the improvements,full replacement cost insurance coverage was not commercially reasonable and available,Lessor shall have no obligation to pay for the shortage in insurance proceeds or to fully restore the unique aspects of the Premises unless Lessee provides Lessor with the funds to cover same,or adequate assurance thereof,within 10 days following receipt of written notice of such shortage and request therefor. If Lessor receives said funds or adequate assurance thereof within said 10 day period,the party responsible for making the repairs shall complete them as soon as reasonably possible and this Lease shall remain in full force and effect. If such funds or assurance are not received.Lessor may nevertheless elect by written notice to Lessee within 10 days thereafter to: (i)make such restoration and repair as is commercially reasonable with Lessor paying any shortage in proceeds,in which case thi Lease shat remajn in full force and effect,or(ii)have his Lease terminate 30 days thereafter. Lessee shall not be entitled to reimbursement of any unds cartel urea by Lessee to repairiany such damage or destruction. Premises Partial Damage due to flood or earthquake shall be subject to Pa mph 9.3, otwithstanding/that there may be some in urance coverage,but the net proceeds of any such insurance shall be made available for th repairs if de by/either Parry. I 9.3 Partial Damage- ninsured . If a Premises Partial Damage that s not an Insured Loss occurs, unless caused by a negligent or willful act of Lessee(in wh event,Le lee shall mdxa me lepeirs at Lessee's a nse),Lessor may either. (i)repair such damage as soon as reasonably possible at Lessor' expense,i which event this Leese shall continue in fu force and effect,or(ii)terminate this Lease by giving written notice to Lessee within 30 days ftecreceipt by Lessor of knowledge of the occurrence such damage. Such termination shall be effective 60 • days following the date of such notice. In the event Lessor elects to terminate this Lease,Lessee shall have the right within 10 days after receipt of the termination notice to give written notice to Lessor of Lessee's commitment to pay for the repair of such damage without reimbursement from Lessor. Lessee shall provide Lessor with said funds or satisfactory assurance thereof within 30 days after making such commitment. In such event this Lease shall continue in full force and effect,and Lessor shall proceed to make such repairs as soon as reasonably possible after the required kinds are available. If Lessee does not make the required commitment,this Lease shall terminate as of the date specified in the termination notice. 9.4 Total Deslmction. Notwithstanding any other provision hereof,if a Premises Total Destruction occurs,this Lease shall terminate 60 days following such Destruction. If the damage or destruction was caused by the gross negligence or willful misconduct of Lessee,Lessor shall have the right to recover Lessors damages from Lessee,except as provided in Paragraph 8.6. 9.5 Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month's Base Rent.whether or not an Insured Loss,Lessor may terminate this Lease effective 60 days following the data of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the data of occurrence of such damage. Notwithstanding the foregoing,if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises,then Lessee may preserve this Lease by, (a)exercising such option and(b)providing Lessor with any shortage in insurance proceeds(or adequate assurance thereof)needed to make the repairs on or before the earlier of(i)the date which is 10 days after Lessee's receipt of Lessors written notice purporting to terminate this Lease,or(ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds(or adequate assurance thereof)to cover any shortage in insurance proceeds,Lessor shall,at Lessors commercially reasonable expense,repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period,then this Lease shall terminate on the data specified in the termination notice and Lessee's option shall be extinguished. 9.6 Abatement of Rent;Lessee's Remedies. PAGE 6 OF 13 INITIALS INITIALS e2001-AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM SIG-21-11/14E P67 (a)Abatement. In the event of Premises Partial Damage or Premises Total Destruction or a Hazardous Substance Condition for . which Lessee is not responsible under this Lease,the Rent payable by Lessee for the period required for the repair,remediation or restoration of such damage shall be abated in proportion to the degree to which Lessee's use of the Premises is impaired,but not to exceed the proceeds received from the Rental Value insurance. All other 'actions off-Lessee hereunder shall De-perform and Lessor shall have no liability for any such damage,destruction.remediation,repai or restoration except as provided herein. (b)Remedies. If L ssor is obligated tolrepair or restorelthe Premises and oes not commence,in a substantial and meaningful way,such repair or restoration within days after such obligation,shallaccrve,Lessee may,at any time prior to the commencement of such repair or restoration,give written notice to Lesso and to airy_enders of which Lesseephee-actual notice,of Lessee's election to terminate this Lease on a date not less than 60 days following the givi g of such/n lice. If Les pp give's such notice and such epair or restoration is not commenced within 30 days thereafter,this Lease shall terminate as of the date specified in paid moace. If the repair or rest ration is commenced within such 30 days,this Lease shall continue in full force and effect. " eminence' she mean either th9 unconditional autho ation of the preparation of the required plans,or the beginning of the actual work on the Pre ises,whichever first occurs. 9.7 Termination;Advance Payments. Upon termination of this Lease pursuant to Paragraph 6.2(g)or Paragraph 9,an equitable adjustment shall be made concerning advance Base Rent and any other advance payments made by Lessee to Lessor. Lessor shall,in addition,retum to Lessee so much of Lessee's Security Deposit as has not been,or is not then required to be,used by Lessor. 10. Real Property Taxes. 10.1 Definition. As used herein,the term"Real Property Taxes"shall include any form of assessment;real estate,general,special, ordinary or extraordinary.or rental levy or tax(other than inheritance.personal income or estate taxes);improvement bond;and/or license fee imposed upon or levied against any legal or equitable interest of Lessor in the Premises or the Project.Lessor's right to other income therefrom,and/or Lessor's business of leasing,by any authority having the direct or indirect power to tax and where the funds are generated with reference to the Building address and where the proceeds so generated are to be applied by the city,county or other local taxing authority of a jurisdiction within which the Premises are located. Real Property Taxes shall also include any tax,fee,levy,assessment or charge,or any increase therein:(i)imposed by reason of events occurring during the term of this Lease, including but not limited to, a change in the ownership of the Premises, and (ii) levied or assessed on machinery or equipment provided by Lessor to Lessee pursuant to this Lease, 10.2 (a)Payment of Taxes. Lessor shall pay the Real Property Taxes applicable to the Premises provided,however,that Lessee shall pay to Lessor the amount, if any, by which Real Property Taxes applicable to the Premises increase over the fiscal tax year during which the Commencement Date Occurs('Tax Increase"). Payment of any such Tax Increase shall be made by Lessee to Lessor within 30 days after receipt of Lessors written statement setting forth the amount due and computation thereof. If any such taxes shall cover any period of time prior to or after the expiration or termination of this Lease,Lessee's share of such taxes shall be prorated to cover only that portion of the tax bill applicable to the period that this Lease is in effect. In the event Lessee incurs a late charge on any Rent payment,Lessor may estimate the current Real Property Taxes,and require that the Tax Increase be paid in advance to Lessor by Lessee monthly in advance with the payment of the Base Rent. Such monthly payment shall be an amount equal to the amount of the estimated installment of the Tax Increase divided by the number of months remaining before the month in which said installment becomes delinquent. When the actual amount of the applicable Tax Increase is known,the amount of such equal monthly advance payments shall be adjusted asrrequired to 'e the funds neededjto-pay the Increase. If the amount collected by Lessor is insufficient to pay the Tax Increase who due,Less shall pay Lessor,upon demand,such add Gonal sums as are necessary to pay such obligations. Advance payments may be intermingl d with oth moneys of Lessor and shall not bear i erest. In the event of a Breach by Lessee in the performance of its obligations under this Lease,than any such advance payments may be treat by Lessor as an additional Security Deposit. (b)Additional Imp vementst olwithstanding anything L,t,a..,,,,trary in his Paragraph 10.2,Lessee shall pay to Lessor upon demand therefor the entirety of any inch ase in Real property Taxes as,.sed by reason of Alte lions or Utility Installations placed upon the Premises by Lessee or at Lessee's request or by eason o Lan alterations/or or improvements to the Premiss made by Lessor subsequent to the execution of this Lease by the Parties. 10.3 Joint Assessment the Pre ises are not separately assessed, Lessees liability shall be an equitable proportion of the Tax Increase for all of the land and improvements included within the tax parcel assessed,such proportion to be conclusively determined by Lessor from the respective valuations assigned in the assessors work sheets or such other information as may be reasonably available. 10.4 Personal Property Taxes. Lessee shall pay,prior to delinquency,all taxes assessed against and levied upon Lessee Owned Alterations,Utility Installations,Trade Fixtures,furnishings,equipment and all personal property of Lessee. When possible,Lessee shall cause its Lessee Owned Alterations and Utility Installations,Trade Fixtures,furnishings,equipment and all other personal property to be assessed and billed separately from the real property of Lessor. If any of Lessee's said property shall be assessed with Lessors real property,Lessee shall pay Lessor the taxes attributable to Lessee's property within 10 days after receipt of a written statement setting forth the taxes applicable to Lessee's property. 11. Utilities and Services. Lessee shall pay for all water,gas,heat,light,power,telephone,trash disposal and other utilities and services supplied to the Premises,together with any taxes thereon. If any such services are not separately metered or billed to Lessee,Lessee shall pay a reasonable proportion,to be determined by Lessor,of all charges jointly metered or billed. There shall be no abatement of rent and Lessor shall not be liable in any respect whatsoever for the inadequacy,stoppage,interruption or discontinuance of any utility or service due to riot,strike,labor dispute, breakdown,accident,repair or other cause beyond Lessors reasonable control or in cooperation with governmental request or directions. 12. ' Assignment and Subletting. 12.1 Lessor's Consent Required. (a) Lessee shall not voluntarily or by operation of law assign, transfer, mortgage or encumber (collectively, "assign or assignment')or sublet all or any part of Lessee's interest in this Lease or in the Premises without Lessors prior written consent. (b)Unless Lessee is a corporation and its stock is publicly traded on a national stock exchange,a change in the control of Lessee shall constitute an assignment requiring consent.The transfer,on a cumulative basis,of 25%or more of the voting control of Lessee shall constitute a change in control for this purpose. (c)The involvement of Lessee or its assets in any transaction, or series of transactions(by way of merger,sale,acquisition, financing,transfer,leveraged buy-out or otherwise),whether or not a formal assignment or hypothecation of this Lease or Lessee's assets occurs, which results or will result in a reduction of the Net Worth of Lessee by an amount greater than 25%of such Net Worth as it was represented at the time of the execution of this Lease or at the time of e'most recent assignment to which Lem/pot ansented.or as it exists immediately prior to said transaction or transactions constituting uch reducti n,whichever was or is jester,shall be considered an assignment of this Lease to which Lessor may withhold its consent. "Net Worth Lessee's all mea the net t Worth of Lessee(exdudin any guarantors)established under generally accepted accounting principles. (d)An assignment r subletting : t consent shell,at L,essors'option,be Default curable after notice per Paragraph 13.1(d),or a noncurable Breach without the nece ity of any 'ce and grace-period. If Lessor elects to treat such unapproved assignment or subletting as a noncurable Breach,Lessor may either: )terminate is Lease,pr(5)upon 30rdays written noti ,increase the monthly Base Rent to 110%of the Base Rent then in effect Further,in the eve t of such B ach'and ranter'adjustment,(i)the purchas price of any option to purchase the Premises held by Lessee shall be subject to similar adju ment to 11 %of the price previoosjy in effect,and(ii all fixed and non-fixed rental adjustments scheduled during the remainder of the Lease term shalt be increased to 110%of the scheduled adjusted rent. (e)Lessee's remedy for any breach of Paragraph 12.1 by Lessor shall be limited to compensatory damages and/or injunctive relief. (f)Lessor may reasonably withhold consent to a proposed assignment or subletting if Lessee is in Default at the time consent is requested. (g)Notwithstanding the foregoing.allowing a de minimis portion of the Premises,ie.20 square feet or less.to be used by a third party vendor in connection with the installation of a vending machine or payphone shall not constitute a subletting. 12.2 Terms and Conditions Applicable to Assignment and Subletting. (a)Regardless of Lessors consent,no assignment or subletting shall: (i)be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease.(ii)release Lessee of any obligations hereunder.or(iii)alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by Lessee. (b) Lessor may accept Rent or performance of Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessors right to exercise its remedies for Lessee's Default or Breach. (c)Lessors consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting. (d)In the event of any Default or Breach by Lessee,Lessor may proceed directly against Lessee,any Guarantors or anyone else responsible for the performance of Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessors remedies against any other person or entity responsible therefor to Lessor,or any security held by Lessor. (e)Each request for consent to an assignment or subletting shall be in writing,accompanied by information relevant to Lessors determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee,including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of$500 as consideration for Lessor's considering and PAGE 7 OF 13 INITIALS INITIALS 02001-AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM STG-21-11/14E • P68 processing said request. Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested.(See also Paragraph 36) (U)Any assignee of,or sublessee under,this Lease shall,by reason of accepting such assignment,entering into such sublease,or entering into possession of the Premise or any po 'on.thereof,be deemed to have assn ed to conform and comply with each and every term,covenant,condition and obligation hereunto be observed or peddrmed by Lessee during th tert,of said assignment or sublease,other than such obligations as are contrary to or inconsi ent with'aro'isions of an assignment or sublease to whi Lessor has specifically consented to in writing. (g)Lessors consegl to any as gnment or subletting shell not transfer to a assignee or sublessee any Option granted to the original Lessee by this Lease unless su transfer Is pacifically cohsented to by I°"o'in writin .(See Paragraph 39.2) 12.3 Additional Terms and Condit] is Applica blotting. The followin terms and conditions shall apply to any subletting by Lessee of all or any part of the Premise and shall b deemed included subleases bleases under thi Lease whether or not expressly incorporated therein: (a)Lessee hereby ssigns'and rensfers to/Lessor alf\oflLessee's interest i all Rent payable on any sublease,and Lessor may collect such Rent and apply same towa+dLessee's bligations under this Lease;provided,h ver,that until a Breach shall occur in the performance of Lessee's obligations,Lessee may collect said Rent. In the event that the amount collected by Lessor exceeds Lessee's then outstanding obligations any such excess shall be refunded to Lessee.Lessor shall not,by reason of the foregoing or any assignment of such sublease,nor by reason of the collection of Rent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee. Lessee hereby irrevocably authorizes and directs any such sublessee,upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease,to pay to Lessor all Rent due and to become due under the sublease. Sublessee shall rely upon any such notice from Lessor and shall pay all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists, notwithstanding any claim from Lessee to the contrary. (b)In the event of a Breach by Lessee,Lessor may,at its option,require sublessee to attom to Lessor,in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease:provided, however,Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any prior Defaults or Breathes of such sublessor. (c)Any matter requiring the consent of the sublessor under a sublease shall also require the consent of Lessor. (d)No sublessee shall further assign or sublet all or any part of the Premises without Lessors prior written consent. (e)Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee,who shall have the right to cure the Default of Lessee within the grace period,if arty,specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee, 13. Default;Breach;Remedies. 13.1 Default; Breach. A"Default"is defined as a failure by the Lessee to comply with or perform any of the terms,covenants, conditions or Rules and Regulations under this Lease. A"Breach"is defined as the occurrence of one or more of the following Defaults,and the failure of Lessee to cure such Default within any applicable grace period: (a)The abandonment of the Premises;or the vacating of the Premises without providing a commercially reasonable level of security,or where the coverage of the property insurance described in Paragraph 8.3 is jeopardized as a result thereof,or without providing reasonable assurances to minimize potential vandalism._ n (b)The failure of Lessee(oak any payment of Rent oriany Security Depoil required to be made by Lessee hereunder,whether to Lessor or to a third party,when due,to provide r asonable evidence of insurance or surety bond,or to fulfill any obligation under this Lease which endangers or threatens life or property,where such f ilure continues for wa period of 3 business days following written notice to Lessee. (c) The failure of Lessee to ell Lessor and/or its agentsccess to the Premises or the commission of waste,act or acts constituting public or private nuisance,and/or an it al a a activity one the Premises by Lessee,where such actions continue for a period of 3 business days following written notice to Lessee.In that event that L ssee commits wast a nuisance or an iiledal activity a second time then.the Lessor may elect to treat such conduct as a non-curable Breech rather th n e'Defau)t. � I (d)The failure by Lessee to p 'de(r).reasonable written evidence of compliance with Applicable Requirements,(ii)the service contracts, (iii) the rescission of an unauthorized assignment or subletting, (iv) an Estoppel Certificate or financial statements. (v) a requested subordination,(vi)evidence concerning any guaranty and/or Guarantor,(vii)any document requested under Paragraph 42,(viii)material safety data sheets(MSDS).or(ix)any other documentation or information which Lessor may reasonably require of Lessee under the terms of this Lease,where any such failure continues for a period of 10 days following written notice to Lessee. (e)A Default by Lessee as to the terms,covenants,conditions or provisions of this Lease,or of the rules adopted under Paragraph 40 hereof,other than those described in subparagraphs 13,1(a),(b),(c)or(d),above,where such Default continues for a period of 30 days after written notice;provided,however,that if the nature of Lessee's Default is such that more than 30 days are reasonably required for its cure,then it shall not be deemed to be a Breach if Lessee commences such cure within said 30 day period and thereafter diligently prosecutes such cure to completion. (f)The occurrence of any of the following events: (i)the making of any general arrangement or assignment for the benefit of creditors;(ii)becoming a"debtor'as defined in 11 U.S.C.§101 or any successor statute thereto(unless,in the case of a petition filed against Lessee, the same is dismissed within 60 days);(iii)the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease,where possession is not restored to Lessee within 30 days;or(iv)the attachment,execution or other judicial seizure of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease,where such seizure is not discharged within 30 days;provided,however,in the event that any provision of this subparagraph(e)is contrary to any applicable law,such provision shall be of no force or effect,and not affect the validity of the remaining provisions. (g)The discovery that any financial statement of Lessee or of any Guarantor given to Lessor was materially false. (h)If the performance of Lessee's obligations under this Lease is guaranteed: (i)the death of a Guarantor,(ii)the termination of a Guarantors liability with respect to this Lease other than in accordance with the terms of such guaranty,(iii)a Guarantor's becoming insolvent or the subject of a bankruptcy filing,(iv)a Guarantor's refusal to honor the guaranty,or(v)a Guarantor's breach of its guaranty obligation on an anticipatory basis,and Lessee's failure,within 60 days following written notice of any such event,to provide written altemative assurance or security,which,when coupled with the then existing resources of Lessee,equals or exceeds the combined financial resources of Lessee and the Guarantors that existed at the time of execution of this Lease. 13.2 Remedies. If Less .fails to pre orn any of its aRinnativeduties or o , ' in 10 days after written notice(or in case of an emergency,without notice),Lessor ma ,at its.optic ,perform such./quty or obligation on Less 's behalf,including but not limited to the obtaining of reasonably required bonds,insurance p litres,oggo emmental licenses,permits or approvals. ssee shall pay to Lessor an amount equal to 115%of the costs and expenses incurred by Le sor in such performance upon,receipt of an invoice th refor. In the event of a Breach,Lessor may,with or without further notice or demand,and wi hout limitit Lessor in the/exercise oflanyhght.or reme which Lessor may have by reason of such Breach: (a)Terminate Less re's right to ssession of the Premises by any lawful eans,in which case this Lease shall terminate and Lessee shall immediately surrender pos ession to L ssor. In such event lteseor shall be entitled to recover from Lessee: (i)the unpaid Rent which had been earned at the time of termination; ii)th.vnrth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the lime of award exce ds the amo nt of such rental loss that the Lessee prove could have been reasonably avoided;(iii)the worth at the time of award of the amount by which the unpaid rent for the balance of the tern after the time of award exceeds the amount of such rental loss that the Lessee proves could be reasonably avoided;and(iv)any other amount necessary to compensate Lessor for all the detriment proximately caused by the Lessee's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom,including but not limited to the cost of recovering possession of the Premises,expenses of reletting,including necessary renovation and alteration of the Premises, reasonable attorneys'fees,and that portion of any leasing commission paid by Lessor in connection with this Lease applicable to the unexpired tern of • this Lease. The worth at the time of award of the amount referred to in provision(iii)of the immediately preceding sentence shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of the District within which the Premises are located at the time of award plus one percent. Efforts by Lessor to mitigate damages caused by Lessee's Breach of this Lease shall not waive Lessors fight to recover any damages to which Lessor is otherwise entitled. If termination of this Lease is obtained through the provisional remedy of unlawful detainer,Lessor shall have the right to recover in such proceeding any unpaid Rent and damages as are recoverable therein,or Lessor may reserve the right to recover all or any part thereof in a separate suit. If a notice and grace period required under Paragraph 13.1 was not previously given,a notice to pay rent or quit,or to perfor,or quit given to Lessee under the unlawful detainer statute shall also constitute the notice required by Paragraph 13.1. In such case,the applicable grace period required by Paragraph 13.1 and the unlawful detainer statute shall run concurrently,and the failure of Lessee to cure the Default within the greater of the two such grace periods shall constitute both an unlawful detainer and a Breach of this Lease entitling Lessor to the remedies provided for in this Lease and/or by said statute. • (b)Continue the Lease and Lessee's right to possession and recover the Rent as it becomes due,in which event Lessee may sublet or assign, subject only to reasonable limitations. Acts of maintenance, efforts to relet,and/or the appointment of a receiver to protect the Lessors interests,shall not constitute a termination of the Lessee's right to possession. (c)Pursue any other remedy now or hereafter available under the laws or judicial decisions of the state wherein the Premises are located. The expiration or termination of this Lease and/or the termination of Lessee's right to possession shall not relieve Lessee from liability under PAGE 8 OF 13 INITIALS INITIALS ®2001-AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM SIG-21-11/14E P69 any indemnity provisions of this Lease as to matters occurring or accruing during the ten)hereof or by reason of Lessee's occupancy of the Premises. 13.3 Inducement Recapture. Any agreement for free or abated rent or other charges,the cost of tenant improvements for Lessee paid for or performed by Lessor,or for the giving or paying by Lessor to or for Lessee of any cash or other bonus,inducement or consideration for Lessee's entering into this Lease,all of which co ions a -hereinafter referred to as"Inducer s;'shall be deemed conditioned upon Lessees full and faithful performance of all of th terms,\\co nand and conditions of this Lease. Upon reach of this Lease by Lessee,any such Inducement Provision shall automatically be deem deleteetl\fio this Lease and'of no further force or eft ,and any rent,other charge,bonus,inducement or consideration theretofore abated,given or paid by essor under such'en inducement Provisio shall be immediately due and payable by Lessee to Lessor,notwithstanding any subsequen cure of said Breach by Lessee.\The eceeptanee by Le r of rent or the cure of the Breach which initiated the operation of this paragraph shall not be eemed a >\by Le c r of the provisions of this pa raph unless specifically so stated in writing by Lessor at the time of such acceptance. 13.4 Late Charges. L ssee hereby acknowledges that late payment by Le see of Rent will cause Lessor to incur costs not contemplated by this Lease,the exact a nt of which wdtbe extremely diMcdtt to ascertain.Su costs include,but are not limited to,processing and accounting charges,and late charges which may be imposed upon Lessor by any Lender.Accordingly,if any Rent shall not be received by Lessor within 5 days after such amount shall be due,then,without any requirement for notice to Lessee,Lessee shall immediately pay to Lessor a one-time late charge equal to 10%of each such overdue amount or 5100.whichever is greater. The Parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of such late payment. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breath with respect to such overdue amount,nor prevent the exercise of any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder,whether or not collected,for 3 consecutive installments of Base Rent,then notwithstanding any provision of this Lease to the contrary,Base Rent shall,at Lessors option,become due and payable quarterly in advance. 13.5 Interest. Any monetary payment due Lessor hereunder,other than late charges,not received by Lessor,when due shall bear interest from the 31st day after it was due.The interest(Interest)charged shall be computed at the rate of 10%per annum but shall not exceed the maxtmum rate allowed by law. Interest is payable in addition to the potential late charge provided for in Paragraph 13.4. 13.6 Breach by Lessor. (a)Notice of Breach. Lessor shall not be deemed in breath of this Lease unless Lessor fails within a reasonable time to perform an obligation required to be performed by Lessor. For purposes of this Paragraph,a reasonable time shall in no event be less than 30 days after receipt by Lessor,and any Lender whose name and address shall have been furnished Lessee in writing for such purpose,of written notice specifying wherein such obligation of Lessor has not been performed:provided,however,that if the nature of Lessor's obligation is such that more than 30 days are reasonably required for its performance,then Lessor shall not be in breach if performance is commenced within such 30 day period and thereafter diligently pursued to completion. (b)Performance by Lessee on Behalf of Lessor. In the event that neither Lessor nor Lender cures said breath within 30 days after receipt of said notice,or if having commenced said cure they do not diligently pursue it to completion,then Lessee may elect to cure said breach at Lessee's expense and offset from Rent the actual and reasonable cost to perform such cure,provided however,that such offset shall not exceed an amount equal to the greater of one month's Base Rent or the Security Deposit,reserving Lessee's right to seek reimbursement from Lessor for any such expense in excess of such offset.Lessee shall document the cost of said cure and supply said documentation to Lessor. 14. Condemnation. If the Premi{eeor any p rtion hereof are/taken underthe•po domain or sold under the threat of the exercise of said power(collectively"Condemnatian"),this ease shall terminate as to the part taken s of the date the condemning authority takes title or possession,whichever first occurs. It re than 10 of the Building,dr morel than 25%of that rtion of the Premises not occupied by any building,is taken by Condemnation,Lessee may,a Lessee's a Lion,bbe exercised in writing within 10 de after Lessor shall have given Lessee written notice of such taking(or in the absence of such notice,within 0_days after the condem)ii v vuti fixity shall have taken possession)terminate this Lease as of the date the condemning authority takes such poses s bp. If Les \not-terminate this Lea in accordance with the foregoing,this Lease shall remain in full force and effect as to the portion of'th Premises remaining except that the Base lent shall be reduced in proportion to the reduction in utility of the Premises caused by such pondeninati n. Condemnation awards and/or payment shall be the property of Lessor,whether such award shall be made as compensation for diminution in val e of the leasehold the value of the part tak n.or for severance damages:provided,however,that Lessee shall be entitled to any compensation paid by the condemnor for Lessee's relocation expenses,loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee,for purposes of Condemnation only,shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation,Lessor shall repair any damage to the Premises caused by such Condemnation. 15. Brokerage Fees. 15.1 Additional Commission. In addition to the payments owed pursuant to Paragraph 1.9 above,and unless Lessor and the Brokers othewlse agree in writing,Lessor agrees that: (a)if Lessee exercises any Option,(b)if Lessee or anyone affiliated with Lessee acquires any rights to the Premises or other premises owned by Lessor and located within the same Project, if any,within which the Premises is located, (c)if Lessee remains in possession of the Premises,with the consent of Lessor,after the expiration of this Lease,or(d)if Base Rent is increased,whether by agreement or operation of an escalation clause herein,then, Lessor shall pay Brokers a fee in accordance with the fee schedule of the Brokers in effect at the time the Lease was executed. 15.2 Assumption of Obligations. Any buyer or transferee of Lessor's interest in this Lease shall be deemed to have assumed Lessors obligation hereunder. Brokers shall be third party beneficiaries of the provisions of Paragraphs 1.9,15,22 and 31. If Lessor fails to pay to Brokers any amounts due as and for brokerage fees pertaining to this Lease when due,then such amounts shall accrue Interest. In addition,if Lessor fails to pay any amounts to Lessee's Broker when due,Lessee's Broker may send written notice to Lessor and Lessee of such failure and if Lessor fails to pay such amounts within 10 days after said notice,Lessee shall pay said monies to its Broker and offset such amounts against Rent. In addition, Lessee's Broker shall be deemed to be a third party beneficiary of any commission agreement entered into by and/or between Lessor and Lessors Broker for the limited purpose of collecting any brokerage fee owed. 15.3 Representations and Indemnities of Broker Relationships. Lessee and Lessor each represent and warrant to the other that it has had no dealings with any person,firm,broker or finder(other than the Brokers,if any)in connection with this Lease,and that no one other than said named Brokers is entitled to any commission or finders fee in connection herewith. Lessee and Lessor do each hereby agree to indemnify,protect. defend and hold the other harmless fro -an/again t-iabjlity for compensation-or charge a claimed by any such unnamed broker,finder or other similar party by reason of any d alingso r a 'ono dddfff the indemnifying Party,including an costs,expenses,attorneys'fees reasonably incurred with respect thereto. 16. Estoppel Certificates. (a)Each Party(as Respondin Patty)shall within 10,,eaysafter written olive from the other Party(the"Requesting Party) execute,acknowledge and deliver to th Requesijn Party a statement-in writing in form similar to the then most current"Estoppel Certificate"form published by the AIR Commercial Rea Estate/as 'acid,plus such additional information, nfirmation and/or statements as may be reasonably requested by the Requesting Party. (b)If the Respondin -Party shal fail to execute or deliver the Estoppel Corti cafe within such 10 day period,the Requesting Party may execute an Estoppel Certificate stating that:(i)the Lease is in full force and effect without modification except as may be represented by the Requesting Party,(ii)there are no uncured defaults in the Requesting Party's performance.and(iii)if Lessor is the Requesting Party,not more than one month's rent has been paid in advance.Prospective purchasers and encumbrancers may rely upon the Requesting Party's Estoppel Certificate,and the Responding Party shall be estopped from denying the truth of the facts contained in said Certificate. In addition,Lessee acknowledges that any failure on its part to provide such an Estoppel Certificate will expose Lessor to risks and potentially cause Lessor to incur costs not contemplated by this Lease,the extent of which will be extremely difficult to ascertain. Accordingly,should the Lessee fail to execute and/or deliver a requested Estoppel Certificate in a timely fashion the monthly Base Rent shall be automatically increased,without any requirement for notice to Lessee,by an amount equal to 10%of the then ersting Base Rent or 5100,whichever is greater for remainder of the Lease. The Parties agree that such increase in Base Rent represents fair and reasonable compensation for the additional risk/costs that Lessor will incur by reason of Lessee's failure to provide the Estoppel Certificate. Such increase in Base Rent shall in no event constitute a waiver of Lessee's Default or Breach with respect to the failure to provide the Estoppel Certificate nor prevent the exercise of any of the other lights and remedies granted hereunder. (c)If Lessor desires to finance,refinance,or sell the Premises,or any part thereof,Lessee and all Guarantors shall within 10 days after written notice from Lessor deliver to any potential lender or purchaser designated by Lessor such financial statements as may be reasonably required by such lender or purchaser,including but not limited to Lessee's financial statements for the past 3 years. All such financial statements shall be received by Lessor and such lender or purchaser in confidence and shall be used only for the purposes herein set forth. 17. Definition of Lessor. The term"Lessor as used herein shall mean the owner or owners at the time in question of the fee title to the Premises,or,if this is a sublease,of the Lessee's interest in the prior lease. In the event of a transfer of Lessors title or interest in the Premises or this Lease,Lessor shall deliver to the transferee or assignee(in cash or by credit)any unused Security Deposit held by Lessor.Upon such transfer or assignment and delivery of the Security Deposit,as aforesaid,the prior Lessor shall be relieved of all liability with respect to the obligations and/or covenants under this Lease thereafter to be performed by the Lessor. Subject to the foregoing,the obligations and/or covenants in this Lease to be PAGE 9 OF 13 INITIALS INITIALS 02001-AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM STG-21-11/14E • • P70 performed by the Lessor shall be binding only upon the Lessor as hereinabove defined. 18. SeverabIlity. The invalidity of any provision of this Lease,as determined by a court of competent jurisdiction,shall in no way affect the validity of any other provision hereof. 19. Days. Unless otherwise s indica to the contrary,the wordrdays=es Lease shall mean and refer to calendar days. 20. Limitation on Liability. Th obligations of Lessor underlthis Lease shall not con titute personal obligations of Lessor or its partners, members,directors,officers or sharehol ers,and\Le see shall look to the Premises,and to no o her assets of Lessor,for the satisfaction of any liability of Lessor with respect to this Lease,an shall not k recourse against Lessorspartners,me ers,directors,officers or shareholders,or any of their personal assets for such satisfaction. 21. Time of Essence. Time is of he essence with respect rfonnance of all oblige ions to be performed or observed by the Parties under this Lease. ' 22. No Prior or Other Agreeme ts;Broker issclaimer. This Lease contains all agree ents between the Parties with respect to any matter mentioned herein,and no other prior o-contempo neous•ageement or understanding shall effective. Lessor and Lessee each represents and warrants to the Brokers that it has made,and is retying solely upon,its own investigation as to the nature,quality,character and financial responsibility of the other Party to this Lease and as to the use,nature,quality and character of the Premises. Brokers have no responsibility with respect thereto or with respect to any default or breach hereof by either Party. 23. Notices. 23.1 Notice Requirements. All notices required or permitted by this Lease or applicable law shall be in writing and may be delivered in person(by hand or by courier)or may be sent by regular,certified or registered mail or U.S.Postal Service Express Mail,with postage prepaid,or by facsimile transmission,or by email,and shall be deemed sufficiently given if served in a manner specified in this Paragraph 23. The addresses noted adjacent to a Party's signature on this Lease shall be that Party's address for delivery or mailing of notices. Either Party may by written notice to the other specify a different address for notice,except that upon Lessee's taking possession of the Premises, the Premises shall constitute Lessee's address for notice,'A copy of all notices to Lessor shall be concurrently transmitted to such pall or parties at such addresses as Lessor may from time to time hereafter designate in writing. 23.2 Date of Notice. Any notice sent by registered or certified mail,retum receipt requested,shall be deemed given on the date of delivery shown on the receipt card,or if no delivery date is shown,the postmark thereon. If sent by regular mail the notice shall be deemed given 72 hours after the same is addressed as required herein and mailed with postage prepaid. Notices delivered by United States Express Mail or overnight courier that guarantees next day delivery shall be deemed given 24 hours after delivery of the same to the Postal Service or courier. Notices delivered by hand,or transmitted by facsimile transmission or by email shall be deemed delivered upon actual receipt. If notice is received on a Saturday, Sunday or legal holiday,it shall be deemed received on the next business day. 24. Waivers. (a) No waiver by Lessor of the Default or Breath of any term,covenant or condition hereof by Lessee,shall be deemed a waiver of any other term,covenant or condition hereof,or of any subsequent Default or Breach by Lessee of the same or of any other term,covenant or condition hereof. Lessors consent to,or approval of,any act shall not be deemed to render unnecessary the obtaining of Lessors consent to,or approval of,any subsequent or similar act by Lessee,or be construed as the basis of an estoppel to enforce the provision or provisions of this Lease requiring such consent. (b) The acre tame¢of Reit by Lessor shen0 not bet a waiver of any D fault or Breach by Lessee. Any payment by Lessee may be accepted by Lessor on account f moneys of damages dueiLessor,notwithstanding any ualifying statements or conditions made by Lessee in connection therewith,which such state ents and/or conditions shalt be of no force or effect atsoever unless specifically agreed to in writing by Lessor at or before the time of deposit of such paym fnL_ / \ (c) THE P IES AGREE\THAT THE TFPMS OF THIS LEASE S LL GOVERN WITH REGARD TO ALL MATTERS RELATED THERETO AND HEREBY WAIVE IIHE1 PROVISIONS OF p\•Y PRESENT OR FUTURE STATUTE TO THE EXTENT THAT SUCH STATUTE IS INCONSISTENT WITH TI1IS.LEASE, \ I \ I I 25. Disclosures Regarding The Nature of a Real Estate Agency Relationship. (a) When entering into a discussion with a real estate agent regarding a real estate transaction,a Lessor or Lessee should from the outset understand what type of agency relationship or representation it has with the agent or agents in the transaction. Lessor and Lessee acknowledge being advised by the Brokers in this transaction,as follows: (i) lessors Anent. A Lessors agent under a listing agreement with the Lessor acts as the agent for the Lessor only. A Lessors agent or subagent has the following affirmative obligations: To the Lessor: A fiduciary duty of utmost care,integrity,honesty,and loyalty in dealings with the Lessor. To the Lessee and the Lessor a.Diligent exercise of reasonable skills and care in performance of the agent's duties, b.A duty of honest and fair dealing and good faith. c.A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to,or within the diligent attention and observation of,the Parties. An agent is not obligated to reveal to either Party any confidential information obtained from the other Party which does not involve the affirmative duties set forth above. (ii) Lessee's Agent, An agent can agree to act as agent for the Lessee only. In these situations,the agent is not the Lessors agent,even if by agreement the agent may receive compensation for services rendered,either in full or in part from the Lessor. An agent acting only for a Lessee has the following affirmative obligations. To the Lessee: A fiduciary duty of utmost care,integrity,honesty,and loyalty in dealings with the Lessee. To the Lessee and the Lessor a.Diligent exercise of reasonable skills and care in performance of the agent's duties. b.A duty of honest and fair dealing and good faith. c.A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to,or within the diligent attention and observation of,the Parties. An agent is not obligated to reveal to either Party any confidential information obtained from the other Party which does not involve the affirmative duties set forth above. • (iii) Anent Representing Both Lessor and Lessee. A real estate agent,either acting directly or through one or more associate licenses,can legally be the agent of both the Lessor and the Lessee in a transaction,but only with the knowledge and consent of both the Lessor and the Lessee.In a dual agency situation,the agent has the following affirmative obligations to both the Lessor and the Lessee:a.A fiduciary duly of utmost care,integrity,honesty and loyalty in the dealings with either Lessor or the Lessee. b.Other duties to the Lessor and the Lessee as stated above in subparagraphs(i)or(ii).In representing both Lessor and Lessee,the agent may not without the express permission of the respective Party,disclose to the other Party that thit Lessor will accept rent in an amount-less than-th at in tad in the listing or that the Lessee is willing to pay a higher rent than that offered.The abov dufres of a agent in a real estate]transaction do not relieve a Lessor or Lessee from the responsibility to protect their own interests. Lessor and essee sho Id carefully read all agreements to assure t at they adequately express their understanding of the transaction. A real estate agent is a pe on qualified to advise about real estate. If legal or tax a vice is desired,consult a competent professional. (b) Brokers h ve no res nsibibty with/respect to'any-default or bre ch hereof by either Party.The Parties agree that no lawsuit or other legal proceeding involvi g any br¢a of duty,error or omission relating to this Lease may be brought against Broker more than one year after the Start Date and that the li bility(luau ing court costs and Bttomeys'fees),of an Broker with respect to any such lawsuit and/or legal proceeding shall not exceed the fee re ived by su Broker pursuant to this Lease;provided owever,that the foregoing limitation on each Brokers liability shall not be applicable to any gr negligen or willful misconduct of'such Broker. (c) Lessor and Lessee agree to identify to Brokers as"Confidential"any communication or information given Brokers that is considered by such Party to be confidential. 26. No Right To Holdover. Lessee has no right to retain possession of the Premises or any part thereof beyond the expiration or termination of this Lease. In the event that Lessee holds over,then the Base Rent shall be increased to 150%of the Base Rent applicable immediately preceding the expiration or termination. Holdover Base Rent shall be calculated on monthly basis. Nothing contained herein shall be construed as consent by Lessor to any holding over by Lessee. 27. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall,wherever possible,be cumulative with all other remedies at law or in equity. 2B. Covenants and Conditions;Construction of Agreement All provisions of this Lease to be observed or performed by Lessee are both covenants and conditions. In construing this Lease, ail headings and titles are for the convenience of the Parties only and shall not be considered a part of this Lease. Whenever required by the context,the singular shall include the plural and vice versa. This Lease shall not be construed as if prepared by one of the Parties,but rather according to its fair meaning as a whole,as if both Parties had prepared it. 29. Binding Effect;Choice of Law. This Lease shall be binding upon the Parties,their personal representatives,successors and assigns and be govemed by the laws of the State in which the Premises are located.Any litigation between the Parties hereto concerning this Lease shall be initiated in the county in which the Premises are located. 30. Subordination;Attomment;Non-Disturbance. 30,1 Subordination. This Lease and any Option granted hereby shall be subject and subordinate to any ground lease,mortgage,deed of bust,or other hypothecation or security device(collectively,"Security Device"),now or hereafter placed upon the Premises,to any and all advances made on the security thereof,and to all renewals.modifications,and extensions thereof. Lessee agrees that the holders of any such Security Devices PAGE 10 OF 13 INITIALS INITIALS 02001-AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM STG-21-11/14E . P71 (in this Lease together referred to as"Lender")shall have no liability or obligation to perform any of the obligations of Lessor under this Lease. Any Lender may elect to have this Lease and/or any Option granted hereby superior to the lien of its Security Device by giving written notice thereof to Lessee, whereupon this Lease and such Options shall be deemed prior to such Security Device, notwithstanding the relative dates of the documentation or recordation thereof. T i 30.2 Adornment In the event that L ssor transfers We to the..Premises, g or the re the imses are acquired by another upon the foreclosure or termination of a Security Device to ich this'l a se is subordinated(i)Lessee shall,subject to the non-disturbance provisions of Paragraph 30.3, attom to such new owner,and upon r uest,enter i to a now lease,containing all of the terms and provisions of this Lease,with such new owner for the remainder of the term hereof,or,at a election f the new owner,this Lease-wideabmatical y become a new lease between Lessee and such new owner,and(ii)Lessor shall thereafter a relieve&o any turtherobtTatmns hereunder and such new owner shall assume all of Lessors obligations, except that such new owner shall not:()be liable f r any act of omission of lany prior lessor or with respect to events occurring prior to acquisition of ownership;(b)be subject to any offsets or defenses ich Lessee might have against any prior essor, (c)be bound by prepayment of more than one month's rent,or(d)be liable for the retu any sec rity deposit paid to an'prior lessor which s not paid or credited to such new owner. 30.3 Non-Disturbance. With respect to Security Devices entered into by Lessor after the execution of this Lease, Lessee's subordination of this Lease shall be subject to receiving a commercially reasonable non-disturbance agreement(a"Non-Disturbance Agreement') from the Lender which Non-Disturbance Agreement provides that Lessee's possession of the Premises,and this Lease.including any options to extend the term hereof,will not be disturbed so long as Lessee is not in Breach hereof and attoms to the record owner of the Premises. Further,within 60 days after the execution of this Lease,Lessor shall,if requested by Lessee,use its commercially reasonable efforts to obtain a Non-Disturbance Agreement from the holder of any pre-existing Security Device which is secured by the Premises. In the event that Lessor is unable to provide the Non-Disturbance Agreement within said 60 days, then Lessee may, at Lessee's option, directly contact Lender and attempt to negotiate for the execution and delivery of a Non-Disturbance Agreement. 30.4 Self-Executing. The agreements contained in this Paragraph 30 shall be effective without the execution of any further documents; provided,however,that,upon written request from Lessor or a Lender in connection with a sale,financing or refinancing of the Premises,Lessee and Lessor shall execute such further writings as may be reasonably required to separately document any subordination, attomment and/or Non-Disturbance Agreement provided for herein. 31. Attorneys'Fees. If any Party or Broker brings an action or proceeding involving the Premises whether founded in tort,contract or equity,or to declare rights hereunder,the Prevailing Party(as hereafter defined)in any such proceeding,action,or appeal thereon,shall be entitled to reasonable attorneys'fees. Such fees may be awarded in the same suit or recovered in a separate suit,whether or not such action or proceeding is pursued to decision or judgment. The term,"Prevailing Party'shall include,without limitation,a Party or Broker who substantially obtains or defeats the relief sought,as the case may be,whether by compromise,settlement,judgment,or the abandonment by the other Party or Broker of its claim or defense. The attorneys'fees award shall not be computed in accordance with any court fee schedule,but shall be such as to fully reimburse all attomeys'fees reasonably incurred. In addition,Lessor shall be entitled to attorneys'fees,costs and expenses incurred in the preparation and service of notices of Default and consultations in connection therewith.whether or not a legal action is subsequently commenced in connection with such Default or resulting Breach($200 is a reasonable minimum per occurrence for such services and consultation). 32. Lessor's Access;Showing Premises;Repairs. Lessor and Lessors agents shall have the right to enter the Premises at any time.in the case of an emergency,and otherwise a onable ' after reasonable prior notce for of showing the same to prospective purchasers, lenders,or tenants,and making such al eretions,re airs,improvements or additions to the Pre ises as Lessor may deem necessary or desirable and the erecting,using and maintaining of lilies,servi s,pipes and oonouits through the Premise and/or other premises as long as there is no material adverse effect to Lessee's use of the P miles. All uch activities Shall be without abatement of ent or liability to Lessee. 33. Auctions. Lessee shall not nduct,nor permit to be/canducted,iary euzion upon the Premises without Lessors prior written consent. Lessor shall not be obligated to exerds any standar of reasonablennec'n determining whether o permit an auction. 34. Signs. Lessor may place on he Preror(se ordinary"For Sale"Signs at any time and rdinary"For Lease"signs during the last 6 months of the term hereof. Except for ordinary'10 sublease" gns>Lessee shall notfplace any sign upon e Premises without Lessor's prior written consent.All signs must comply with all Applicable R uirements. \ r ' 1 ' 35. Termination;Merger. Unless specifically stated otherwise in writing by Lessor,the voluntary or other surrender of this Lease by Lessee,the mutual termination or cancellation hereof,or a termination hereof by Lessor for Breach by Lessee,shall automatically terminate any sublease or lesser estate in the Premises;provided,however,that Lessor may elect to continue any one or all exstng subtenandes. Lessors failure within 10 days following any such event to elect to the contrary by written notice to the holder of any such lesser interest,shall constitute Lessor's election to have such event constitute the termination of such interest. 36. Consents. Except as otherwse provided herein,wherever in this Lease the consent of a Party is required to an act by or for the other Party, such consent shall not be unreasonably withheld or delayed. Lessors actual reasonable costs and expenses(including but not limited to architects', attorneys', engineers'end other consultants'fees)incurred in the consideration of, or response to,a request by Lessee for any Lessor consent, including but not limited to consents to an assignment,a subletting or the presence or use of a Hazardous Substance,shall be paid by Lessee upon receipt of an invoice and supporting documentation therefor. Lessor's consent to any act, assignment or subletting shall not constitute an acknowledgment that no Default or Breach by Lessee of this Lease exists,nor shall such consent be deemed a waiver of any then existing Default or Breach,except as may be otherwise specifically stated in writing by Lessor at the time of such consent. The failure to specify herein any particular condition to Lessors consent shall not preclude the imposition by Lessor at the time of consent of such further or other conditions as are then reasonable with reference to the particular matter for which consent is being given. In the event that either Party disagrees with any determination made by the other hereunder and reasonably requests the reasons for such determination,the determining party shall furnish its reasons in writing and in reasonable detail within 10 business days following such request. 37. Guarantor. 37.1 Execution. The Guarantors.if any,shall each execute a guaranty in the form most recently published by the AIR Commercial Real Estate Association. 37.2 Default It shall constitute a Default of the Lessee if any Guarantor fails or refuses,upon request to provide: (a)evidence of the execution of the guaranty,including the authority of the party signing on Guarantor's behae to obligate Guarantor,and in the case of a corporate Guarantor,a certified copy of a resolution of its board of directors authorizing the making of such guaranty,(b)wren financial statements,(c)an Estoppel Certificate,or(d)written confi anon that t e guaranty is still in effeu. 38. Quiet Possession. Subject to payment by Lessee of Net,Rent end performance f all of the covenants,conditions and provisions on Lessee's part to be observed and perfo ed under l is Lea",Les a!h hall heve quiet possessi n and quiet enjoyment of the Premises during the term hereof. 39. Options. If Lessee is grants any Option. defined below,then provisi ns shall apply: 39.1 Definition. "Optio "shall mjea '(a)the right te-extend Or reduce the term for renew this Lease or to extend or reduce the term of or renew any lease that Lessee has o other prop rtyof Lessor;(b)the right of first refusal or first offer to lease either the Premises or other property of Lessor;(c)the right to purchase,the ghtyf first offer to purchase or the right of first refusal to purchase the Premises or other properly of Lessor. 39.2 Options Personal o Original Lessee. Any Option granted to Lessee in this Lease is personal to the original Lessee.and cannot be assigned or exercised by anyone other than said original Lessee and only while the original Lessee is in full possession of the Premises and,if requested by Lessor,with Lessee certifying that Lessee has no intention of thereafter assigning or subletting. 39.3 Multiple Options. In the event that Lessee has any multiple Options to extend or renew this Lease,a later Option cannot be exercised unless the prior Options have been validly exercised. 39.4 Effect of Default on Options. (a)Lessee shall have no right to exercise an Option: (i)during the period commencing with the giving of any notice of Default and continuing until said Default is cured,(li)during the period of time any Rent is unpaid(without regard to whether notice thereof is given Lessee),(iii) during the time Lessee is in Breach of this Lease,or(iv)in the event that Lessee has been given 3 or more notices of separate Default,whether or not the Defaults are cured,during the 12 month period immediately preceding the exercise of the Option. (b)The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c)An Option shall terminate and be of no further force or effect,notwithstanding Lessee's due and timely exercise of the Option,if, after such exercise and prior to the commencement of the extended term or completion of the purchase,(i)Lessee fails to pay Rent for a period of 30 days after such Rent becomes due(without any necessity of Lessor to give notice thereof),or(ii)if Lessee commits a Breach of this Lease. 40. Multiple Buildings. If the Premises are a part of a group of buildings controlled by Lessor,Lessee agrees that it will abide by and conform to all reasonable rules and regulations which Lessor may make from time to time for the management,safety,and care of said properties,including the care and cleanliness of the grounds and including the parking,loading and unloading of vehicles,and to cause its employees,suppliers,shippers, customers,contractors and invitees to so abide and conform. Lessee also agrees to pay its fair share of common expenses incurred in connection with such rules and regulations. 41. Security Measures. Lessee hereby acknovAedges that the Rent payable to Lessor hereunder does not include the cost of guard service or PAGE 11 OF 13 INITIALS INITIALS 02001-AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM SIG-21-11/14E • P72 other security measures,and that Lessor shall have no obligation whatsoever to provide same. Lessee assumes all responsibility for the protection of the Premises,Lessee,its agents and invitees and their property from the acts of third parties. 42. Reservations. Lessor reserves to itself the right,from time to time,to grant,without the consent or joinder of Lessee,such easements, rights and dedications that Lessor deergs-necessary end to cause the recordation d pa restrictions,so long as such easements,rights. dedications, maps and restrictions do not unreaso ably interfere with the use of the Premise by Lessee. Lessee agrees to sign any documents reasonably requested by Lessor to eft uate any‘su easement rights,dedication,map or rest lions. 43. Performance Under Protest. If at anylti e a dispute shall arise as to any amount r sum of money to be paid by one Party to the other under the provisions hereof,the Party a ainst who the.obligatiop to pay th' assert° shall have the right to make payment'under protest and such payment shall not be regard° as a volunt ry payment an sh II survive the right n the part of said Party to institute suit for recovery of such sum. If it shall be adjudged that t ere wa;/no legal obligation on the girt of said Party to pay such sum or any part thereof,said Party shall be entitled to recover such sum or so muc thereof as t was not legally required to pay.A Party o does not initiate suit for the recovery of sums paid "under protest within 6 months shall be rued to ve w2ived its right to protest such payment. 44. Authority;Multiple Parties;Execution. (a) If either Party hereto is a corporation, trust, limited liability company, partnership, or similar entity, each individual executing this Lease on behalf of such entity represents and warrants that he or she is duly authorized to execute and deliver this Lease on its behalf. Each Party shall,within 30 days after request,deliver to the other Party satisfactory evidence of such authority. (b) If this Lease is executed by more than one person or entity as'Lessee",each such person or entity shall be jointly and severally liable hereunder. It is agreed that any one of the named Lessees shall be empowered to execute any amendment to this Lease,or other document ancillary thereto and bind all of the named Lessees,and Lessor may rely on the same as if all of the named Lessees had executed such document. (c) This Lease may be executed by the Parties in counterparts,each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 45. Conflict My conflict between the printed provisions of this Lease and typewritten or handwritten provisions shall be controlled by the typewritten or handwritten provisions. 46. Offer. Preparation of this Lease by either Party or their agent and submission of same to the other Party shall not be deemed an offer to lease to the other Party. This Lease is not intended to be binding until executed and delivered by all Parties hereto. 47. Amendments. This Lease may be modified only in writing,signed by the Parties in interest at the time of the modification. As long as they do not materially change Lessee's obligations hereunder,Lessee agrees to make such reasonable non-monetary modifications to this Lease as may be reasonably required by a Lender in connection with the obtaining of normal financing or refinancing of the Premises. 48. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING INVOLVING THE PROPERTY OR ARISING OUT OF THIS AGREEMENT. 49. Arbitration of Disputes. An Addendum requiring the Arbitration of disputes between the Parties and/or Brokers arising out of this Lease❑ is 21 is not attached to this Lease. 50. Accessibility;Americans wi -Disabllitl Act (a) The Pre ises:fd,hav not undergone en inspection by a Certifi d Access Specialist(CASp). ❑have undergone an inspection by a Certified Access Spe alist (CASp and it was getermined that the Premise met all applicable construction-related accessibility standards pursuant to California Civil ode§55.¢1 et seq. 0 have undergone an inspection by a Certified Access Specialist(CASp)and it was determined that the Premises did not m 1 all appl a construction-related encased:01y stand s pursuant to California Civil Code§55.51 et seq. (b) Since co pliance wit lthe Americans-pith Disabilities Act (AD ) is dependent upon Lessee's specific use of the Premises,Lessor makes no warranty o represedlati n as to whether or net the Premises comp with ADA or any similar legislation. In the event that Lessee's use of the Premises requires odi&ation or additions to the Premises in order to be n ADA compliance,Lessee agrees to make any such necessary modifications and/or addigonkat Lessee's expense.' 51. Lessee acknowledgee that It's leasehold Interest under thle Lease may be subject to possessory Interest taxee(a form of tax on tenant's or public entities)and Leeeee shall pay all possessory Interest taxes. LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN,AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT,AT THE TIME THIS LEASE IS EXECUTED,THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES. ATTENTION: NO REPRESENTATION OR RECOMMENDATION IS MADE BY THE AIR COMMERCIAL REAL ESTATE ASSOCIATION OR BY ANY BROKER AS TO THE LEGAL SUFFICIENCY,LEGAL EFFECT,OR TAX CONSEQUENCES OF THIS LEASE OR THE TRANSACTION TO WHICH IT RELATES. THE PARTIES ARE URGED TO: 1. SEEK ADVICE OF COUNSEL AS TO THE LEGAL AND TAX CONSEQUENCES OF THIS LEASE. 2. RETAIN APPROPRIATE CONSULTANTS TO REVIEW AND INVESTIGATE THE CONDITION OF THE PREMISES. SAID INVESTIGATION SHOULD INCLUDE BUT NOT BE LIMITED TO:THE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES,THE ZONING OF THE PREMISES, THE STRUCTURAL INTEGRITY,THE CONDITION OF THE ROOF MID OPERATING SYSTEMS,AND THE SUITABILITY OF THE PREMISES FOR LESSEE'S INTENDED USE. WARNING: IF THE PREMISES IS LOCATED IN A STATE OTHER THAN CALIFORNIA CERTAIN PROVISIONS OF THE LEASE MAY NEED TO BE REVISED TO COMPLY WITH THE LAWS OF THE STATE IN WHICH THE PREMISES IS LOCATED. The parties hereto have executed this Lease-at the p ace and on the dates specified above their spective signatures. Executed at: Rancho Cucamonga, CAN / \ Executed at: Ran o Cucamonga, CA On: \ / / \ On: By LESSOR: ) \ / \ By LESSEE: City of Rancho Cucamonga, CA \Gene De Bias ; Anthon y Cortese and / \Larinda Cort se By: By: Name Printed: John R. Gt.lli son Name Printed: Gene De Blase Title: City Manager Title: By: By: Name Printed: Name Printed:Anthony Cortese / Lorinda Cortese Tree: Title: Address: 10500 Civic Center Dr. Address: Rancho Cucamonga, CA 91737 Telephone:( ) Telephone: ( ) Facsimile:( ) Facsimile:( ) Email: Email: Email: Email: PAGE 12 OF 13 INITIALS INITIALS 512001-AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM STG-21'11/14E P73 Federal ID No. Federal ID No. BROKER. M D ///�\\ I / \ _ A 1 \ / \ 1 Ad' AU: rye. nee. Add 14(61.....): Feesim_ed—) -- bac , ', :( ) Ern-Ili- -EmaV: Federal-ID-Mar _. _FeCemIlmnr . _ : 8mkerrAgeM-BRE-1-4sence-I: NOTICE: These forms are often modified to meet changing requirements of law and Industry needs. Always write or call to make sure you are utilizing the most current form: AIR Commercial Real Estate Association, 500 N Brand Blvd,Suite 900,Glendale,CA 91203. Telephone No.(213)687-8777. Fax No.:(213)687-8616. ©Copyrinht 2001-ByAIR Commercial Real rights reserved. No part of these worts maybe reproduced in any form withou permission In writing. I..Santoro 2102 Fontana Arrow Rte-Dine Core-SULG,d • DA • PAGE 13 OF 13 INITIALS • INITIALS ©2001-AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM STG-21-11114E P74 Exhibit A (this intro will need touching up from Bruce) All items that are being stored on the property related to the landscape business (want to define the use the material is associated with)allowed under the Lease between the Tenant and Landlord shall be removed at the termination of the lease, including but not limited to: • trucks • storage containers • mulch • dirt(mounds) • gravel • rocks • flagstone • wood • landscape material in both plastic gallon containers and box containers In addition, the site must be free of debris and graffiti. P75 STAFF REPORT S y PLANNING DEPARTMENT L!� �-M RANCHO CUCAMONGA Date: April 1, 2015 To: Mayor and Members of the City Council John R. Gillison, City Manager From: Candyce Burnett, Planning Director By: Thomas Grahn, Associate Planner Subject: CONSIDERATION OF DRAFT PRELIMINARY PRIORITY NEEDS ASSESSMENT FOR THE 2015-2019 CONSOLIDATED PLAN AND PRELIMINARY ANNUAL FUNDING RECOMMENDATIONS FOR THE 2015- 2016 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM RECOMMENDATION: Staff recommends that the City Council conduct a public hearing and provide input on the Preliminary Priority Needs Assessment to be used in the preparation of the 2015-2019 Consolidated Plan and the preliminary annual funding recommendations for the 2015-2016 Annual Action Plan for the City's Community Development Block Grant (CDBG) program. BACKGROUND: The Housing and Community Development Act of 1974, as amended, created the Community Development Block Grant (CDBG) program to provide Federal funds to local jurisdictions for the purpose of developing viable urban communities by providing decent housing, a suitable living environment, and expanded economic opportunities principally for persons of low-and moderate-income. To participate in the CDBG program, the City is required to prepare a Consolidated Plan, a 5-year planning document that identifies priority needs for affordable and supportive housing, community development, public services, and economic opportunities. In addition, the City is required to prepare a 1-year Annual Action Plan that implements the goals and objectives contained in the Consolidated Plan. Following the City Council public hearing on April 1, 2015, the draft 2015-2019 Consolidated Plan and 2015-2016 Annual Action Plan will be published on the City website on Thursday, April 2, 2015. The draft Consolidated Plan and Annual Action Plan will be available for a 30- day public review and comment period beginning on Monday, April 6, 2015, and ending on Wednesday, May 6, 2015. Adoption of the 2015-2019 Consolidated Plan and 2015-2016 Annual Action Plan will be scheduled for City Council consideration at a public hearing on May 6, 2015. Written and verbal comments received through May 6, 2015 will be forwarded to the U.S. Department of Housing and Urban Development (HUD) as part of the final Consolidated Plan/Annual Action Plan. The Consolidated Plan/Annual Action Plan must be submitted to HUD by May 15, 2015, 45-days prior to the start of the new program year beginning on July 1, 2015. P76 DRAFT PRELIMINARY PRIORITY NEEDS ASSESSMENT CDBG CONSOLIDATED PLAN/ANNUAL ACTION PLAN April 1, 2015 Page 2 Consolidated Plan To receive CDBG program funding, HUD requires each jurisdiction to prepare a Consolidated Plan, a 5-year planning document that addresses the use of Federal entitlement funds with the goal of providing decent housing, a suitable living environment, and expanded economic opportunities principally for persons of low- and moderate-income. It is designed to help local jurisdictions assess their affordable housing and community development needs and market conditions, and to make data-driven, place-based investment decisions. The consolidated planning process serves as the framework for a community-wide dialogue to identify housing and community development priorities that align and focus CDBG funding with those identified needs. The Consolidated Plan is carried out through the development and implementation of Annual Action Plans, which provide a concise summary of the actions, activities, and the specific Federal and non-Federal resources that will be utilized each year to address the priority needs and specific goals identified in the Consolidated Plan. Each grantee is required to report on accomplishments and progress toward Consolidated Plan goals in their Consolidated Annual Performance and Evaluation Report (CAPER), which is prepared following the completion of each program year. The Consolidated Plan serves the following functions: 1. A planning document for the City of Rancho Cucamonga; 2. An application for Federal funds under HUD's formula grant programs; 3. An action plan that provides a strategy for carrying out goals and priorities; and 4. A basis for assessing performance. The currently adopted Consolidated Plan covers 2010-2014 (July 1, 2010 to June 30, 2015). The proposed Consolidated Plan update will cover 2015-2019 (July 1, 2015 to June 30, 2020) and contain updated information regarding priority needs, income levels, affordable housing, and public service programs for special needs populations. Annual Action Plan The Annual Action Plan identifies how CDBG funds will be used during a program year; it sets accomplishment goals for each activity, and a time frame to complete them. The Annual Action Plan typically addresses the following areas: Administration, Capital Improvement, Home Improvement, Historic Preservation, and Public Service. All of the proposed activities must meet a CDBG National Objective, comply with the CDBG guidelines, and be included in the Consolidated Plan. A separate Annual Action Plan is prepared for each program year. Fundinq/Eligibility CDBG funds are provided by HUD based on a formula that considers a City's low-income census data, the extent of poverty, and age of the housing stock. Based upon this formula, Rancho Cucamonga will receive a grant allocation of $783,677 for the 2015-2016 program year, a decrease of$19,028 over our current program year funding (a 2.37 percent reduction). To be eligible for CDBG funding, a proposed activity must meet one of two primary goals of the CDBG program, which are 1) the development of viable urban communities, including decent housing, and a suitable living environment, or 2) the expansion of economic P77 DRAFT PRELIMINARY PRIORITY NEEDS ASSESSMENT CDBG CONSOLIDATED PLAN/ANNUAL ACTION PLAN April 1, 2015 Page 3 opportunities, principally for persons of low- and moderate-income. Additionally, a proposed activity must meet a CDBG National Objective that either benefits low- and moderate-income residents, eliminates conditions of slum and blight, or meets a particular urgent need. CDBG guidelines require that at least 70 percent of all funds be utilized on activities that benefit low- and moderate-income persons. Of those activities proposed for the 2015-2016 program year, 80 percent will benefit persons of low- and moderate-income. Lastly, each activity must be eligible under CDBG guidelines. Eligible CDBG activities can include: 1. Housing-related types of activities; 2. Removal of Architectural Barriers to Public Facilities; 3. Rehabilitation and Preservation Activities; 4. Public Facilities and Improvements; 5. Public Service Activities; 6. Economic Development Activities; and 7. Planning and Program Administration. Citizen Participation HUD emphasizes public participation in the development of the Consolidated Plan through citizen participation at significant points in the process. Cities are required to make every effort to involve the community in the Consolidated Plan's development process, particularly those individuals that the Consolidated Plan strives to assist, including low- and moderate-income individuals and families, the homeless, and others with special needs. Federal laws relating to CDBG funds require cities to provide citizens with specific information about the amount of monies expected for the program and the range of activities that may be undertaken with those funds. Federal regulations also require a jurisdiction to hold at least two (2) public hearings throughout the program year and in order to obtain the views of citizens on housing and community development needs, including priority non-housing community development needs. One (1) of these hearings must be held before the proposed Consolidated Plan is published for comment. The City Council public hearing on April 1, 2015, is intended to solicit public comment on the City's housing and community development needs. To obtain input from the community, staff solicited input from various stakeholder organizations, public service providers, and City departments. A public meeting was held on Monday, February 23, 2015, and those in attendance provided information regarding their current program needs and projected needs over the next 5 years. The City also distributed a survey to various stakeholder organizations, public service providers, and City departments requesting information regarding projected changes in their service population and anticipated funding needs over the next 5 years, as well as providing a general discussion of program goals. Meeting participants and survey respondents projected an increase in their service population and either maintained or projected increases in their need for additional funding. In general, comments can be summarized as projected increases in their service population, changing P78 DRAFT PRELIMINARY PRIORITY NEEDS ASSESSMENT CDBG CONSOLIDATED PLAN/ANNUAL ACTION PLAN April 1, 2015 • Page 4 demographics impacting service programs, changes in funding sources, and increased competitiveness for funding. Specific needs that were identified include senior services and facilities; youth programs such as after-school programs; transitional, affordable, and supportive housing and housing services for senior veterans and very low income and homeless individuals and families; and preventing homelessness such as offering financial literacy programs, where possible. This information was incorporated into the attached Priority Needs Assessment (Exhibit A), as discussed below. ANALYSIS: Preliminary Priority Needs Assessment In developing a Consolidated Plan, a grantee first needs to analyze the needs within its jurisdiction and then propose strategies to meet those needs. The preliminary Priority Needs Assessment (Exhibit A) outlines the levels of relative need in the areas of affordable housing, homelessness, non-housing community development. This information is gathered through a number of methods, including the consultation with local agencies, public outreach, public hearings, a review of demographic and economic data sets, and a housing market analysis. Once finished, the needs assessment portion of the Consolidated Plan forms the basis of the Strategic Plan, a component of the Consolidated Plan; the Strategic Plan then details how each grantee will address its identified priority needs. The strategies to address these priority needs must reflect the current condition of the market, expected availability of funds, and local capacity to administer the plan. The preliminary Priority Needs Assessment (Exhibit A) identifies and ranks specific community needs (i.e., housing assistance, public improvements, and public service assistance), establishes a High (H) and Low (L) priority need, and then identifies the cost to address any unmet annual need on an annual and 5-year basis. Through the Priority Needs Assessment, the City is able to establish a general ranking of the priority of specific programs that then address the needs of the City's extremely-low, low-, and moderate-income residents. Based on the results of that assessment, the City then is able to prepare a draft Consolidated Plan that accurately addresses and connects identified community needs with funding available to address that need. The preliminary Priority Needs Assessment in Exhibit A shows the following needs: • Affordable Housing: Programs related to rehabilitation of existing units were identified as a high priority. The City manages two programs that address affordable housing needs in the community. This includes the City's Rental Assistance program, which provides a monthly subsidy to income eligible mobile home owners, and the City's Home Improvement Program, which provides grants and loans to income eligible single-family and mobile home owners. Both of these programs are only available to residents whose income are below 80 percent of the area median family income. The Rental Assistance program is closed and does not accept additional participants; however, the Home Improvement Program accepts requests for emergency and non-emergency homeowner assistance. Funding priorities are proposed to be focused on the continuation of these programs. P79 DRAFT PRELIMINARY PRIORITY NEEDS ASSESSMENT CDBG CONSOLIDATED PLAN/ANNUAL ACTION PLAN April 1, 2015 Page 5 • Homelessness: Programs related to emergency shelter and transitional housing were rated a high priority. The Sheriff's Department currently conducts homelessness outreach efforts through the HOPE program, providing support to the regions homeless population. The Family Resource Center provides homelessness prevention efforts by connecting residents with various public service providers. Funding priorities are proposed to be focused on sub-recipients that provide emergency shelter and transitional housing opportunities for eligible City residents. • Non-Housing Community Development Needs: Programs related to providing senior services, youth services, public services, and public improvements were rated as high priorities. Funding priorities are proposed to be focused on all of these areas, including programs to address street improvements in low-income target neighborhoods, public service activities targeted to specific senior needs, youth at-risk needs, and general assistance needs of the community and historic preservation activities at the Etiwanda Depot. Preliminary Annual Action Plan Funding Recommendations In preparing the draft Annual Action Plan, staff has identified preliminary funding recommendations for allocation of entitlement funds for FY 2015-2016 (Exhibit B). These recommendations correspond to the community needs identified in the Priority Needs Assessment. The amounts shown below in bold refer to the recommended funding amounts, including the current allocation and reprogrammed funds. Administration: Under Federal regulations, cities may allocate up to 20 percent of their entitlement allocation to fund for CDBG program administration. • CDBG Administration: Administration and program management to ensure the efficient and effective use of Federal funds. Staff recommends funding this activity$147,935. Proposed funding for the Administration activity decreased by 2.37 percent since the 2014 program year, consistent with the overall reduction in Federal funding; however, the funds allocated to the CDBG Administration activity actually reduced by 7.85 percent because the Fair Housing activity was shifted from Public Service to Administration. • Fair Housing: This activity supports HUD's mission to promote non-discrimination and ensure fair and equal housing opportunities. Staff recommends funding this activity $8,800. The proposed funding for this activity has not changed since the 2014 program year. Together, these Administrative activities compromise 20.0 percent of the 2015-2016 allocation. P80 DRAFT PRELIMINARY PRIORITY NEEDS ASSESSMENT CDBG CONSOLIDATED PLAN/ANNUAL ACTION PLAN April 1, 2015 Page 6 Capital Improvement: Includes funds to public facilities and for public improvements. • Wheelchair Ramps: Retrofitting of existing intersection curbs to accommodate handicapped persons; this activity occurs on a City wide basis. Staff recommends funding this activity$22,850. The proposed funding for this activity has not changed since the 2014 program year. • Sidewalk Grinding and Replacement: The grinding, repair, or replacement of damaged and/or inaccessible sidewalks located in low-income targeted neighborhoods. Staff recommends funding this activity $22,850. The proposed funding for this activity has not changed since the 2014 program year. • Madrone Avenue Street Improvements: Design and construction of Madrone Avenue Street Improvements, along the frontage of the proposed Southwest Cucamonga Park. Proposed street improvements will provide for safe pedestrian access along the Southwest Cucamonga Park through the construction of sidewalks, curb and gutter, and the installation of street lights. Staff recommends funding this activity $132,000. (All funds allocated to this activity are reprogrammed funds, no new funds are provided). Although the City has previously funded Street Improvement activities, this activity was not funded in the 2014 program year. Together, these Capital Improvement activities comprise 5.83 percent of the 2015-2016 allocation. Home Improvement: The City's Home Improvement Program offers zero interest, deferred payment loans up to$30,000, and grants up to$7,500 for eligible low-income, owner-occupied, single-family, and mobile homes. Staff recommends funding this activity$463,742. The proposed overall funding for the Home Improvement Program decreased 3.8 percent since the 2014 program year. This activity comprises 59.18 percent of the 2015-2016 allocation. Historic Preservation: This activity supports the preservation and historic restoration of the Etiwanda Pacific Electric Depot. Staff recommends funding this activity $153,669.25. (All funds allocated to this activity are reprogramed funds and will be banked for future improvements to the depot). Although the City has previously funded Historic Preservation activities, this activity was not funded in the 2014 program year. This activity comprises 0.0 percent of the 2015-2016 allocation. Public Service: Under Federal regulations, cities may allocate up to 15 percent of their entitlement allocation to fund public service providers. Fifteen percent of our entitlement is $117,551, and staff recommends funding public service groups a total of $117,500. P81 DRAFT PRELIMINARY PRIORITY NEEDS ASSESSMENT CDBG CONSOLIDATED PLAN/ANNUAL ACTION PLAN April 1, 2015 Page 7 Preliminarily, CDBG funded public service activities include: Graffiti Removal, Landlord Tenant Counseling, Homelessness and Emergency Food Assistance, Domestic Violence Shelter, Violence Prevention and Education, Senior, Youth At-Risk, and Literacy programs. Staff recommends funding these activities $117,500. Although the proposed funding available for the Public Service category has decreased 2.37 percent since the 2014 program year, consistent with the overall reduction in Federal funding, the amount of funds available for different activities actually increased because the Fair Housing activity was shifted to Administration. Overall funding for different public service activities increased or decreased from 2014 levels based on the Priority Needs Assessment. These Public Service activities comprise 14.99 percent of the 2015-2016 allocation. CORRESPONDENCE: Notice of the public hearing soliciting input on the preparation of the Consolidated Plan/Annual Action Plan, and proposed annual funding recommendations, was published in the Inland Valley Daily Bulletin on March 12, 2015. Respectfully submitted, a4 %Aduitt-- Candyce Burnett Planning Director CB:TG/Is Attachments: Exhibit A— Priority Needs Assessment Exhibit B — Draft 2015-2016 CDBG Funding P82 2015-2019 CONSOLIDATED PLAN Priority Needs Assessment Priority Unmet Estimated Estimated 5- Priority Need Need Annual Annual Cost Year Cost Need AFFORDABLE HOUSING Rental assistance L 88 $104,256 $398,400 Production of new units N 0 $0 $0 Rehabilitation of existing units Home Improvement Program H 117 $460,000 $2,300,000 Acquisition of existing units N 0 $0 $0 HOMELESSNESS Outreach H 1 $0 $0 Emergency shelter and transitional housing H 20 $5,000 $25,000 Rapid Re-housing N 0 $0 $0 Prevention H 1 $0 $0 NON-HOUSING COMMUNITY DEVELOPMENT Public Facilities Etiwanda Pacific Electric Depot L 1 $200,000 $1,000,000 Public Improvements and Infrastructure Street Improvements La Grande Street L 1 $155,200 $776,000 Madrone Avenue H 1 $26,400 $132,000 Pecan Avenue L 1 $187,000 $935,000 Sidewalk Grinding H 1 $22,850 $114,250 Wheelchair Ramps H 1 $22,850 $114,250 Public Services Senior Services Senior Nutrition H 1,685 $11,600 $58,000 Senior Programs H 965 $12,000 $60,000 Senior Transportation H 140 $15,400 $77,000 Youth At-Risk Services Literacy H 140 $8,000 $40,000 Youth Programs H 2,276 $22,450 $112,250 Public Services(General) Domestic Violence Shelter H 200 $6,000 $30,000 Emergency Food Assistance H 960 $18,500 $92,500 Fair Housing Activities H 30 $15,000 $75,000 Graffiti Removal H 1 $16,400 $82,000 Landlord Tenant Counseling H 450 $12,000 $60,000 Violence Prevention & Education H 960 $6,900 $34,500 Economic Development H 1 _ $534,560 $2,672,800 H = High, L= Low, N = No identified need. EX I-I I B I T A kFY 2015-2019 Con Plan\Priority Needs Assessment.docx P83 DRAFT 2015-2016 CDBG FUNDING Program Requested Poor Year Reprogram Program Income Proposed %of Allocation Total Allocation CDBG Administration $160,541.00 $0.00 $0.00 $0.00 $156,735.00 20.00% $156,735.00 Capital Improvement Pro•rams $177,700.00 $0.00 $132,000.00 $0.00 $45,700.00 5.83% $177,700.00 Historic Preservation $200,000.00 $0.00 $153,669.25 $0.00 $0.00 0.00% $153,669.25 Home Improvement Pr.•ram $500,000.00 $0.00 $0.00 $0.00 $463,742.00 59.18% $463,742.00 Public Service Pro.rams $164,900.00 $0.00 $0.00 $0.00 $117,500.00 14.99% $117,500.00 Total $1,203,141.00 $0.00 $285,669.25 $0.00 $783,677.00 100.00% $1,069,346.25 Administration CDBG Pr.•ram Administration $147,935.00 $0.00 $0.00 $0.00 $147,935.00 $147,935.00 IFHMB-Fair Housing $15,000.00 $0.00 $0.00 $0.00 $8,800.00- $8,800.00 Subtotal-Administration $162,935.00 $0.00 $0.00 $0.00 $156,735.00_ $156,735.00 Capital Improvement Pro•rams R. Cu - • P Ss- ,.-,N.I G i •11.1.11 $22,850.00 $0.00 $0.00 $0.00 $22,850.00- $22,850.00 Rancho Cucamonga PWSD-Wheelchair Ramps $22,850.00 $0.00 $0.00 $0.00 $22,850.00 $22,850.00 Rancho Cucamonga ESD-Madrone Ave Street Improv. $132,000.00 $0.00 $132.000.00 $0.00 $0.00 $132,000.00 Subtotal-Ca,ital Improveme • $177,700.00 $0.00 $132,000.00 $0.00 $45,700.00- $177,700.00 Historic Preservation Rancho cccar-io"ga PD-Eti uande Depot $200,000 00 $0.00 $153.669.25 $0.00 $0.00 $153.669 25 Subtotal-Historic Preservation $200,000.00 $0.00 $153,669.25 $0.00 $0.00- $153,669.25 Home I ..rovement P •.ram Ranc'c CJcar c-Ig_PD-Home'mpro:emen:P•ce•_3m $500,000 00 50 20 SO OC $0 00 $463.742.00- $463.742.00 Subtotal-HomeIm•rovement 5500,000.00 50.00 50.00 $0.00 $463,742.00 $463,742.00 Public Service P •e rams Camp Fire ISCC $5,900.00--- $5.000.00- $5,000.00 Foothill Famil Shelter $5,000.00--- $5.000.00- $5,000.00 Famil Services Association-Senior Nutrition $10,000.00 - $10.000.00- $10,000.00 House of Ruth $6,000.00--- $6.000.00- $6.000.00 IFHMB-Landlord/Tenant $12,000.00--- $7,400.00- $7,400.00 Inland Valle Hope Partners SOVA $10,000.00 - $10.000.00- $10,000.00 National CORE-Ho.e Throu.h Housin•Foundation $20,000.00--- $0.00- $0.00 Pro'ect Sister Famil Services $6,900.00- $5,000.00- $5.000.00 RanchoCucamon•aCMO-Northwtown/CASA $8,500.00--- $8,500.00- $8,500.00 Rancho Cucamon•a CSD-Northtown Collaborative $8,800.00--- $8,800.00 $8,800.00 Rancho Cucamon•a CSD-Senior Services $12,000.00- $12.000.00 IMRE& $12.000.00 RanchoCucamon•aCSD-SeniorTrans•ortation $15,400.00--- $15,400.00- $15,400.00 Rancho Cucamonga Public Libra -Back To Basics $8,000.00- - $8.000.00- $8.000.00 Rancho Cucamon•a PWSO-Graffiti Removal $16,400.00--- $16,400.00- $16,400.00 St Vncent De Raul $20,000.00--- $0.00_ $0.00 Subtotal-Public Service $164,900.00--- $117,500.00- $117,500.00 Fundi..Caps(Percenta•e of CDBG Allocation Administration-20'.o Funding Cap " - Possible Additional to Administration :0 a rr" h •t�c i , . 3 u $` .. V, k x f<» Public Service Pr.•rams-15%Fundin.Ca I4 c ' r ^ 5 '� a : : ' a°Possible Additional to Public Service $51 5 , , It 1.,as a• ce .:of Total Available Funds 1 ,1 ,t .t< ka• 1 r Administration 14.66% .i ° r7: £ s3 '� 3t Capital Improvement P••rams 16.62% r `< r to-. `.e r„:':.(fi'. Historic Preservation 14.37% .3 i $^ 4 x ,,, X �� Home Improvement Pr••rams 43.37% / ay 4. ,f Public Service Pr.•rams 10 99°'0 .� 1 � k 3$ " ' t4" ' r x'a v••Low/Mod Percenta•e of Pr..ram Year Allocation 80.00% Y s„v_ $• Low/Mod Percenta•e of Total Allocation 70 97'x, .� 1' Difference Btwn Requested&Allocation $419,464.CO Prior Year Funds-Includes unspent funding allocated to that specific activity in a previous program year. Reprogram Funds-Includes unspent funding allocated to a different activity in a previous program year Program Income-Funding returned to that specific activity from a prior year expense(typically a loan returned under the Home Improvement Program). 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E E / Z , \ . \ r \ 2 > 0 C § CD 0 g 0 j C { a / - V J / / 0. w E M o \ C \ » = _ o _ -C - \ 01 J C o C CT 0 3 0 ; o> = C ii = k CD \ 7 co \ a 0 Pi = = 9 a \ P84 STAFF REPORT ENGINEERING SERVICES DEPARTMENT RANCHO Date: April 1, 2015 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Romeo M. David, Associate Engineer Shelley Hayes, Assistant Engineer jit Subject: CONSIDERATION TO REJECT ALL THE BIDS RECEIVED FOR THE RED HILL PARK LAKE MODERNIZATION PROJECT AS NON-RESPONSIVE RECOMMENDATION It is recommended that the City Council reject all bids received for the Red Hill Park Lake Modernization Project as non-responsive to the needs of the City. BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on March 2, 2015, for the subject project. The Engineer's estimate was $250,000.00; however, after evaluating the bids, staff has determined that all bids received exceed the Engineer's estimate by no less than 18 percent. In being financially prudent, staff recommends that all bids be rejected for the Red Hill Park Lake . Modernization Project as non-responsive to the needs of the City. Staff will reevaluate the project scope and make modifications as necessary in attempt to solicit bids in-line with the Engineer's estimate. •ec-u • fitted, Mark A. St- er • of Engineering Services/City Engineer MAS/RMD/SH:ls Attachment • 5 r I'ke .Liblw I it. II J .) .- 4, NC i 0 - `i i . r II -'o: I, MI" �- "I 1— To LEMON AVE LEMO AVE HIGHLAND AVE. _ I I HIGHLAND AVE LC i t (210 t�-trt�1. II 19th ST. MONIE VISTA 7. VISTA . . c. c. W UPLAN# < BASELINE AVE Atli BAS: LIN < i. h CHURCH ST. i It 1 f PROJECT IL I' LOCATION _ HILL ` SAN B�ERN�ARO�IF RD � i I� ?� .' /$I i R 1 tel. FOQ � Q a :VON S' . 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I- n • .1 z . c.) . . .-0.N., 0 x • .1 4.1 •4 ,.. z 0 1 0 ...-- • P86 STAFF REPORT , ADMINISTRATIVE.SERVICES GROUP LJ RANCHO Date: April 1, 2015 CUCAMONGA To: Mayor and Members of City Council John R. Gillison, City Manager From: Lori E. Sassoon, Deputy City Manager/Administrative Services By: Ingrid Y. Bruce, GIS/Special Districts Managed Subject: CONSIDERATION OF APPROVAL OF A RESOLUTION ADOPTING A BOUNDARY MAP OF THE TERRITORY PROPOSED FOR INCLUSION IN PROPOSED WEST-SIDE NEIGHBORHOOD PARKS AND STREET LIGHTING COMMUNITY FACILITIES DISTRICT NO.1. RECOMMENDATION It is recommended that the City Council approve a resolution adopting a boundary map showing the boundaries of the territory proposed for inclusion in proposed West-side Neighborhood Parks and Street Lighting Community Facilities District (CFD) No.1. The approval of such a boundary map is a necessary prerequisite to the formation of any CFD. The boundary map clearly identifies the property to be included in the proposed CFD. BACKGROUND The proposed CFD would replace the existing Park District PD-85, Landscape Maintenance Districts 1, 3A, 3B, and 5, and Street Lighting Districts 2 and 6. These districts would be completely dissolved and their assessment eliminated upon the formation of the proposed CFD and approval of the levy of special taxes within such CFD by the qualified electors of such CFD. At the City Council meeting of March 4, 2015, the City Council unanimously voted to direct staff to pursue the formation of the CFD for consideration by the voters on the November 2015 ballot, and to continue the public information and outreach process to gather community feedback. In order to form the CFD, several preliminary actions are required by the City Council. One of those actions is the adoption of a boundary map that clearly shows which properties are included in the proposed CFD. The attached Resolution accomplishes this purpose. The boundary map will be recorded in the office of the County Recorder of the County of San Bernardino and will give notice to any prospective buyer of all or any portion of the property within the boundaries of the proposed CFD of the pendency of the formation proceedings. Other Updates Since the March 4 Council meeting, staff has been working with the legal and public information teams to update the schedule of recommended actions. Below is an updated summary of the key steps and tentative schedule to be undertaken for the formation of the CFD: P87 PAGE.2 CONSIDERATION OF APPROVAL OF A RESOLUTION ADOPTING A BOUNDARY MAP OF THE TERRITORY PROPOSED FOR INCLUSION IN PROPOSED WEST-SIDE NEIGHBORHOOD PARKS AND STREET LIGHTING COMMUNITY FACILITIES DISTRICT NO.1. • Anal,1,2015 PROPOSED CALENDAR OF EVENTS CITY OF RANCHO CUCAMONGA WEST END COMMUNITY FACILITIES DISTRICT Date Action April 1, 2015 City Council approves the resolution approving boundary map. April 6, 2015 Boundary Map of District filed with County Recorder's Office May 20, 2015 City Council adopts resolution of intention to establish District and authorize levy of special taxes (the "ROI"); calls hearing on formation of CFD between 30 to 60 days from adoption of ROI. June 16, 2015 Notice of the hearing on formation of CFD by first class mail to each landowner within the proposed CFD. July 1. 2015 PUBLIC HEARING City Council conducts public hearing. Changes may be made to authorized facilities and services and rate and method of apportionment. July 15, 2015 RESOLUTION OF FORMATION City Councils adopts resolution of formation establishing District and providing for levy of special taxes if there was no majority protest at public hearing. City Council adopts resolution calling special election for November 3, 2015 for the levy of special taxes and establishment of appropriations limit. City Council adopts resolution requesting County Board of Supervisors to consolidate special election with statewide general election. August 7, 2015 COUNTY SUBMISSION City staff submits Resolution Requesting Consolidation, Ballot Text, Impartial Analysis and Tax Rate Statement to County November 3, 2015 ELECTION DAY Election is conducted by County November 18, 2015 City Councils adopts resolution determining results of election if measure passes by 2/3rd vote and City has received County's certification of election results. Since the last meeting, staff has carefully reviewed the proposed budget for the new CFD, and reduced the budget slightly by reflecting reduced administrative charges and reserve set-asides. Staff also examined the proposal to provide a low-income senior discount of 50%. Staffs rationale for recommending the senior discount is based on the premise that while all property owners would benefit equally from the street lights, seniors would not benefit in the same way from the.parks. No senior discount is proposed for commercial/industrial properties, and/or rental properties, and the requirements to qualify for the discount will be presented in detail as part of the Rate and Method of Apportionment (RMA) when the Resolution of intention comes before City Council for adoption P88 PAGE 3 CONSIDERATION OF APPROVAL OF A RESOLUTION ADOPTING A BOUNDARY MAP OF THE TERRITORY PROPOSED FOR INCLUSION IN PROPOSED WEST-SIDE NEIGHBORHOOD PARKS AND STREET LIGHTING COMMUNITY FACILITIES DISTRICT NO.1. • Areu,1,2015 With these changes, there is no net impact to the residential rates as originally proposed; the rate would be $89 annually. As noted in the prior staff report, the rate for the residential property will increase to $178 when the home is sold for the first time to a new property owner. Commercial/industrial rates will vary depending on the parcel size. An inflator will be recommended for inclusion in the RMA that will allow rates to go up each year based on actual costs to allow the new district keep pace with cost increases over time for contracts and utilities (primarily water). By adopting this Resolution, the City Council is not forming the CFD. A public hearing and election of the affected property owners must be still held. The action meets one of the statuary requirements for forming a CFD. Attachments: Resolution Boundary Map P89 RESOLUTION NO. 15 - 047 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR INCLUSION IN PROPOSED WEST-SIDE NEIGHBORHOOD PARKS AND STREET LIGHTING COMMUNITY FACILITIES DISTRICT NO. 1 OF THE CITY OF RANCHO CUCAMONGA WHEREAS, the City Council of the City of Rancho Cucamonga, California (the "City Council") desires to initiate proceedings to create a community facilities district pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"); and WHEREAS, such community facilities district shall hereinafter be designated as West-Side Neighborhood Parks and Street Lighting Community Facilities District No. 1 of the City of Rancho Cucamonga (the "District"); and WHEREAS, there has been submitted a map showing the boundaries of the territory proposed to be included in the District including properties and parcels of land proposed to be subject to the levy of special taxes by the District. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: Section 1. The above recitals are all true and correct. Section 2. The map designated as "Proposed Boundary Map of West-Side Neighborhood Parks and Street Lighting Community Facilities District No. 1 of the City of Rancho Cucamonga, County of San Bernardino, State of California" (the "Boundary Map") showing the boundaries of the territory proposed for inclusion in the District upon 09960.00000\9618558.1 P90 the initial establishment of the District, including properties and parcels of land proposed to be subject to the levy of special taxes by the District, is hereby approved and adopted. Section 3. A certificate shall be endorsed on the original and on at least one (1) copy of the Boundary Map, evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of the Resolution fixing the time and place of the hearing on the establishment or extent of the District, a copy of such map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form provided for in Sections 3110 and 3111 of the Streets and Highways Code of the State of California. [Remainder of this page intentionally left blank.] 09960.00000\9618558.1 2 P91 Section 4. This resolution shall become effective upon its adoption. PASSED, APPROVED, and ADOPTED this 1st day of April, 2015. AYES: NOES: ABSENT: L. Dennis Michael, Mayor ATTEST: Janice C. 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