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HomeMy WebLinkAbout2008/12/17 - Agenda Packet 10500 Civic Center Drive ~ Rancho Cucamonga, CA 91730-3801 City Office: (909) 477-2700 A(;l~:~l):~S REDEVELOPMENT AGENCY FIRE PROTECTION DISTRICT BOARD CITY COUNCIL REGULAR MEETINGS 1st and 3`d Wednesdays ~ 7:00 P.M. DECEMBER 17, 2008 MEMBERS MAYOR MAYOR PRO TEM COUNCIL MEMBERS Donald J. Kurth, M.D. L. Dennis Michael Rex Gutierrez Sam Spagnolo Diane Williams CITY MANAGER CITY ATTORNEY CITY CLERK Jack Lam, AICP James L. Markman Janice C. Reynolds ORDER OF BUSINESS CLOSED SESSION Tapia Conference Room............ 5:00 P.M. REGULAR MEETING Council Chambers ........................ 7:00 P.M. INFORMATION FOR THE PUBLIC ~~ c~ TO ADDRESS THE REDEVELOPMENT AGENCY, FIRE BOARD AND CITY COUNCIL The Agency, Fire Board and City Council encourage free expression of all points of view. To allow all persons to speak, given the length of the Agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Agency, Fire Board or City Council by filling out a speaker card and submitting it to the City Clerk. The speaker cards are located on the wall at the back of the Chambers, at the front desk behind the staff table and at the City Clerk's desk. During °Public Communications," your name will be called to speak on any item listed or not listed on the agenda in the order in which it was received. If you are present to speak on an "Advertised Public Hearing" item, your name will be called when that item is being discussed. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. Any handouts for the Agency, Fire Board or City Council should be given to the City Clerk for distribution AGENDA BACK-UP MATERIALS Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter, Public Library and on the City's website. A complete copy of the agenda is also available at the desk located behind the staff table during the Council meeting. LIVE BROADCAST Agency, Fire Board and Council meetings are broadcast live on Channel 3 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 11:00 a.m. and 7:00 p.m. The City has added the option for customers without cable access to view the meetings "on-demand" from their computers. The added feature of "Streaming Video On Demand" is available on the City's website at www.ci.rancho- cucamonga.ca.us/whatsnew.htm for those with Hi-bandwidth (DSUCable Modem) or Low-bandwidth (Dial-up) Internet service. The Agency Fire Board and City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. Members of the City Council also sit as the Redevelopment Agency and the Fire District Board. Copies of the agendas and minutes can be found at http:/lwww.cLrancho-cucamonga.ca.us If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Please turn off all cellular phones and pagers while the meeting is in session. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA DECEMBER 17, 2OOH A. S:OO P.M. -CLOSED SESSION Roll Call: Mayor Kurth Mayor Pro Tem Michael Councilmembers Gutierrez, Spagnolo and Williams CLOSED SESSION CALLED TO ORDER AS THE REDEVELOPMENT AGENCY ANDCITY COUNCIL. III B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) ~~ CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF CHURCH AND ARBOR LANE; AGS HOMEBUILDER 1, LLC, AND LINDA D. DANIELS, RDA DIRECTOR, NEGOTIATING PARTY, REGARDING TERMS OF AGREEMENT- RDA 2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF SAN BERNARDINO ROAD, WEST OF KLUSMAN AVENUE; LINDA D. DANIELS, RDA DIRECTOR, NEGOTIATING PARTY, REGARDING TERMS OF PROPOSAL -RDA CLOSED SESSION TO RECESS TO THE REGULAR REDEVELOPMENT AGENCY AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA DECEMBER 17, 2008 G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS THE REGULAR MEETINGS OF THE REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL WILL BE CALLED TO ORDER. IT IS THE INTENT TO CONCLUDE THE MEETINGS BY 10:00 P.M., UNLESS EXTENDED BY CONCURRENCE OF THE AGENCY, FIRE BOARD AND COUNCIL. 1. Pledge of Allegiance 2. Roll Call: Mayor Kurth Mayor Pro Tem Michael Councilmembers Gutierrez, Spagnolo and Williams H. ANNOUNCEMENTS/PRESENTATIONS 1. Presentation b Joe Bert, President of the Rancho Cucamonga Rotary Club, of the final Y check for the Library Reading Room. 2. Presentation of a proclamation to Library Services Manager Michelle Perera for receiving the "Award of Excellence" by the California Library Association at their recent annual conference. 3. Presentation of a plaque to Deborah Kaye Clark in recognition for her retirement as Library Director. I. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Redevelopment Agency, Fire Protection District and City Council on any item listed or not listed on the agenda. State law prohibits the Agency, Fire Board, or City Council from addressing any issue not previously included on the Agenda. The Agency, Fire Board, or City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Agency, Fire Board or City Council, not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. (continued on page 3) REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA _ DECEMBER 17, ZOOS 3 The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. J. CONSENT CALENDAR -REDEVELOPMENT AGENCY The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Agency at one time without discussion. Any item may be removed by an Agencymember for discussion. 1. Approval of Minutes: July 2, 2008 (Regular Mtg. -Canceled due to holiday) November 19, 2008 (Regular Meeting) December 3, 2008 (Regular Meeting) 2. Approval of Check Register dated November 26 through December 9, 2008, for the total ~ amount of $485,829.01. 3. Approval of an appropriation from fund balance to Acct. No. 2500801-5515 in the amount of 2 $1,342,890 for the payment of pass thru payments to various taxing entities as required by AB 1290. 4. Approval of an increase to Contract No. RA 05-031 in the amount of $77,500 to Dan 3 Guerra & Associates, authorize the expenditure of a 10% contingency in the amount of $7,750 and approve Contract Change Order No. 2 for additional design services for the East Avenue Master Plan Storm Drain, to be funded from Lower Etiwanda Drainage Funds, Acct. No. 1126303-5650/1584126-0, and appropriate an additional amount of $85,250 to Acct. No. 1126303-5650/1584126-0 from Lower Etiwanda Drainage Fund Balance. 5. Approval to accept the bids received, award the execution of a contract in the amount of 11 $14,828.00 to the apparent low bidder, Econo Fence, Inc. (RA 08-034) of Riverside, California and authorize the expenditure of a fabrication of the Epicenter handrails to be funded from 2646801-5602 (Sports Complex Capital Improvements) and appropriate $16,310 from the Sports Complex Capital Improvement Fund Balance. 6. Approval of a Resolution and a Cooperative Agreement between the State of California and the City of Rancho Cucamonga for the improvement of the southbound I-15 Freeway off- 12 ramp at Foothill Boulevard, and appropriate $1,052,000.00 to Acct. No. 2650801- 5650/1714650-0 from Fund 650 (Public Improvements-2001 TAB) Fund Balance. RESOLUTION NO. RA 08-013 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT 15 AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING A COOPERATIVE AGREEMENT BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF RANCHO CUCAMONGA REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA DECEMBER 17, 2008 K. CONSENT CALENDAR -FIRE PROTECTION DISTRICT The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board at one time without discussion. Any item may be removed by a Boardmember for discussion. 1. Approval of Minutes: July 2, 2008 (Regular Mtg. -Canceled due to holiday) November 19, 2008 (Regular Meeting) December 3, 2008 (Regular Meeting) 2. Approval of Check Register dated November 26 through December 9, 2008, for the total amount of $29,256.61. 3. Approval of a Resolution declaring results of a Special Election in Community Facilities District No. 85-1, Annexation No. 08-1 (CRE7, LLC - APN 0208-101-22, 23, 24 & 25). RESOLUTION NO. FD 08-039 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO.85-1, ANNEXATION NO. 08-1 ~~ L. CONSENT CALENDAR -CITY COUNCIL ~~ The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember for discussion. Approval of Minutes: July 2, 2008 (Regular Mtg. -Canceled due to holiday) November 19, 2008 (Regular Meeting) December 3, 2008 (Regular Meeting) 2. Approval of Check Register dated November 26 through December 9, 2008, and payroll ending December 9, 2008, for the total amount of $2,965,711.28. 3. Approval of plans and specifications for the "Epicenter Stadium Locker Room Shower Tile Replacement' and authorize the City Clerk to advertise the Notice Inviting Bids, to be funded from Account Number 1025001-5602 (Capital Reserve). RESOLUTION NO. 08-246 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR EPICENTER STADIUM LOCKER ROOM SHOWER TILE REPLACEMENT AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 4 28 30 31 34 50 51 REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA 5 _ DECEMBER 17, 2008 4. Approval of plans and specifications for the "West Beryl, Park Sport Light Wire 55 Replacement Project" and authorize the City Clerk to advertise the Notice Inviting Bids. RESOLUTION NO. 08-247 56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR WEST BERYL PARK SPORT LIGHT WIRE REPLACEMENT AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 5. Approval of the Community Services Update Report. 60 6. Approval and authorize the Mayor to execute a Transferred and New Municipal Departing 71 Load Non-bypassable Charges and Cost Responsibility Surcharge Agreement with Southern California Edison (CO 08-179). 7. Approval of a Resolution updating the existing Conflict of Interest Code for designated 73 personnel. RESOLUTION NO. 08-049 (I) 74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING AN UPDATED CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE STANDARD CONFLICT OF INTEREST CODE PREPARED BY THE FAIR POLITICAL PRACTICES COMMISSION AND REPEALING RESOLUTION NO. 80-049(H) 8. Approval for award and authorize the execution of a professional services agreement with $9 Aufbau Corporation (CO 08-181) of Rancho Cucamonga for the creation of the plans, technical and standard specifications, and estimates for various bridge maintenance work within the City in the amount of $209,187 ($190,170 contract amount plus a 10% contingency of $19,017) to be funded from 1112303-5650/1542112-0 (Drainage Fac/General). 9. Approval to release Maintenance Cash Deposit for DRC2005-00704, located on the west 90 side of Hellman Avenue 300 feet south of Arrow Route, submitted by KBARCO, LLC. 10. Approval to release Maintenance Guarantee Bond for Tract 16567 located between Foothill 92 Boulevard and San Bernardino Road and between Hellman and Malachite Avenues, submitted by WL Route 66 Associates. 11. Approval to release Faithful Performance Bond No. 6473438 retained in lieu of a 94 Maintenance Guarantee Bond in the amount of $113,120.00 for the Heritage Park Emergency Sewer Retrofit Improvements, Contract No. 07-138. 12. Approval to release Maintenance Guarantee Bond No. 70331088 in the amount of gg $53,048.30 for Heritage Park and Windrows Park Baseball Field Renovation Improvement Project, Contract No. 07-092. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA _ DECEMBER 17, 2008 6 13. Approval of an increase to Contract No. RA 05-031 in the amount of $77,500 to Dan 913 Guerra & Associates, authorize the expenditure of a 10% contingency in the amount of $7,750 and approve Contract Change Order No. 2 for additional design services for the East Avenue Master Plan Storm Drain, to be funded from Lower Etiwanda Drainage Funds, Acct. No. 1126303-5650/1584126-0, and appropriate an additional amount of $85,250 to Acct. No. 1126303-5650/1584126-0 from Lower Etiwanda Drainage Fund Balance. M. ADVERTISED PUBLIC HEARINGS FIRE PROTECTION DISTRICT The following items have been advertised and/or posted as public hearings as required by law. It is recommended that this hearing be continued to January 7. 2009. 1. CONSIDERATION OF A RESOLUTION DECLARING ANNEXATION OF TERRITORY 106 ~PNEUDRAULICS. INC. A CALIFORNIA CORPORATION - APN 0209-021-42 - ANNEXATION NO. 08-2) TO AN EXISTING COMMUNITY FACILITIES DISTRICT, CALLING A SPECIAL ELECTION AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS. N. ADVERTISED PUBLIC HEARINGS CITY COUNCIL The following items have been advertised and/or posted as public hearings as required by law. The Mayor will open the meeting to receive public testimony. 1. ENVIRONMENTAL ASSESSMENT AND CONSIDERATION OF DEVELOPMENT CODE 107 AMENDMENT DRC2008-00593 CITY OF RANCHO CUCAMONGA - A request to modify the definition of landscaping under Section 17.02.140 of the Development Code to allow for the use of synthetic turf and modify Sections 17.08.090, 17.10.060 and 17.30.060 of the Development Code to establish design guidelines for the use of synthetic turf. Staff has prepared a negative declaration of environmental impacts for consideration. ORDINANCE NO. 804 (first reading) 135 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2008-00593 AMENDING SECTION 17.02.140C OF THE DEVELOPMENT CODE TO MODIFY THE DEFINITION OF LANDSCAPING TO ALLOW FOR THE USE OF SYNTHETIC TURF AND AMENDING SECTIONS 17.08.090C(5), 17.10.060C(1)(E) AND 17.30.060F; AND MAKING FINDINGS IN SUPPORT THEREOF REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA DECEMBER 17, 2008 2. ORDINANCE NO. 802 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TEMPORARILY REVISING REGULATIONS RELATING TO DURATION OF BUILDING AND GRADING PERMITS AND DEFERRAL OF CERTAIN DEVELOPMENT IMPACT FEES ~~ O. COUNCIL BUSINESS ~~ The following items have been requested by the City Council for discussion. 1. COUNCIL ANNOUNCEMENTS (Comments to be limited tv three minutes per Councilmember.) 2. CONSIDERATION AND DISCUSSION OF SELECTION FOR MAYOR PRO TEM 3. REVIEW OF APPOINTMENTS TO STANDING COMMITTEES AND OTHER GOVERNMENTAL AGENCIES ADJOURNMENT I, Debra L. McKay, Assistant City ClerklRecords Manager of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on December 11, 2008, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. 7 138 141 146 MEETING TO ADJOURN TO A WORKSHOP OF THE CITY COUNCIL TO BE HELD ON JANUARY 7, 2009, AT 3:00 PM. HOUSING MARKET ECONOMIC STIMULUS PACKAGE July 2, 2008 CITY OF RANCHO CUCAMONGA REDEVELOPMENT AGENCY MINUTES FIRE PROTECTION DISTRICT MINUTES CITY COUCNIL MINUTES Regular Meetings A. CALL TO ORDER The regular meetings of the Rancho Cucamonga Redevelopment Agency, Fire Protection District and City Council were canceled due to the holiday. The next regularly scheduled meeting will be held July 16, 2008. Respectfully submitted, Kathryn L. Scott, CMC Assistant Secretary/Secretary/Acting City Clerk Approved: *** November 19, 2008 RANCHO CUCAMONGA REDEVELOPMENT AGENCY CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga Redevelopment Agency held a closed session on Wednesday, November 19, 2008, in the Tapia Roam of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:02 p.m. by Chairman Donald J. Kurth. Present were Agency members: Rex Gutierrez, Sam Spagnolo, Diane Williams and Chairman Donald J. Kurth. Vice Chairman L. Dennis Michael was absent. Also present were: Jack Lam, Executive Director; Pamela Easter, Assistant City Manager; James Markman, City Attorney; John Gillison, Deputy City Manager/Administrative Services; Mahdi Aluzri, Deputy City Manager/Community Development; Linda D. Daniels, Redevelopment Agency Director. ...., B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) Chairman Kurth announced the closed session item: CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF CHURCH AND ARBOR LANE; AGS HOMEBUILDER 1, LLC, AND LINDA D. DANIELS, RDA DIRECTOR. NEGOTIATING PARTY. REGARDING TERMS OF AGREEMENT- RDA C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S). No one was present to comment on the closed session item. D. CONDUCT OF CLOSED SESSION Closed session began at 5:02 p.m. E. CITY MANAGER ANNOUNCEMENTS No announcements were made. Redevelopment Agency, Fire Protection District, City Council Minutes November 19, 2008 Page 2 F. RECESS The closed session adjourned at 6:37 p.m. with no action taken. G. CALL TO ORDER A regular meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District, and City Council was held on Wednesday, November 19, 2008, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman/PresidenUMayor Donald J. Kurth called the meeting to order at 7:01 p.m. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams and Chairman/PresidenUMayor Donald J. Kurth. Vice ChairmanA/ice PresidenUMayor Pro Tem L. Dennis Michael was absent. Also present were: Jim Frost, City Treasurer; Jack Lam, City Manager; James Markman, Legal Counsel/City Attorney; Pamela Easter, Assistant City Manager, Fabian Villenas, Principal Management Analyst; John Gillison, Deputy City Manager/Administrative Services; Mike Toy, Information Services Specialist I; Charles Scott, Senior Information Services Specialist; Ingrid Bruce, GIS/Special District Manager; Chris Bopko, Management Analyst III; Solomon Nimako, GIS Fire Analyst; Rafael Balneg, Senior GIS Specialist; Kelly Guerra, Special District Technician; Chearice Johnson, GIS Technician; Sopheak Kong, GIS Technician; Steve Lawdis, GIS Technician; Pat Morrison, Special District Technician; Ryan Wilson, GIS Technician; Mahdi Aluzri, Deputy City Manager/Community Development; Trang Huynh, Building and Safety Official; Tiffany Cooper, Management Analyst II/B&S; Mark Steuer, Director Engineering Services/City Engineer; Dan James, Senior Civil Engineer; Dave Blevins, Public Works Services Director; Don Gentry, Parks Maintenance Supervisor; James Troyer, Planning Director; Steve Fowler, Assistant Planner; Linda D. Daniels, Redevelopment Agency Director; Dave Moore, Community Services Superintendent; Chief Joe Cusimano, Rancho Cucamonga Police Department; Peter Bryan, Fire Chief; Janice Reynolds, City Clerk Elect; Debra McKay, Records Manager/Assistant City Clerk; and Shirr'I Griffin, Deputy City Clerk. H. ANNOIJNCEMENTS/PRESENTATIONS Presentation of a $850.00 check to the Northtown Housing Development Corporation to benefit their After-School Project held at the Northtown Community Center, which was awarded to Deputies Cundieff and Collins for 2n° place in the Annual COPSWest Convention" barbecue competition. Captain Cusimano introduced Deputy Eric Cundieff and Deputy Matthew Collins. Deputy Cundieff explained that the money was from the COPSWest Chili/Barbeque Cook-Off held in Ontario is donated to Northtown (Housing Corporation) for their programs. Mary Rocha, Northtown Social Services Director, expressed appreciation and thanks to the Mayor, City Council, the Police Captain, Deputies and everyone involved on behalf of Northtown Corporation. She said that the money will be used for a new ballet program starting in January through Inland Valley Ballet Company. She stated that this program will enhance children's self-esteem and self-awareness. Redevelopment Agency, Fire Protection District, City Council Minutes November 19, 2008 Page 3 2. Presentation of a Plaque to Don Gentry upon his retirement. Dave Blevins, Public Works Service Director, announced that Don Gentry has served the City for twenty- one years. He complemented Don for his diligent and competent service thanking Don and his spouse who also recently retired after twenty-five years as the Pre-School Director from St. Marks School in Upland. 3. Presentation of a Proclamation in recognition of "National Geographic Information System Day," November 19, 2008. Ingrid Bruce, GIS/Special Districts Manager, stated the significance of 2008 GIS Day as part of Geography Awareness Week and that it is the tenth anniversary of GIS Day. She said that the celebration provides a means to teach and share the benefits of geographic information in schools and community. Ingrid give calendars created especially for GIS Day to the Mayor and City Council. ...... T. PUBLIC COMMUNICATIONS 11. Bill Hanlon noted the need for the Council to curb development and consider the wishes of the voters. He expressed a concern with the firefighters soliciting donations last weekend. Lastly, Mr. Hanlon thanked Donna Vega for her work with the banner program. 12. Christopher Weller urged the Council to develop aself-sustainable community and announced the showing of the documentary, "The End of Suburbia: Oil Depletion and the Collapse of the American Dream", which will be held on December 1, 2008 from 12:30 to 2:OOp.m. at Chaffey College in the Student Services Lobby, Campus Center East. 13. Elizabeth Russo distributed flyers on the Angel Sings 2008 program on December 2, 2008 from 4:00 - 9:00 p.m. Register at www.AngelCaregiving.com to have Angels Sing at your house or to be an Angels Sing volunteer. 14. Edward Dietl noted that he had sent a memorandum to the City Council and the Planning Commission requesting a workshop to discuss historical preservation. He spoke regarding the designation of historical landmarks and indicated that the Rains House would be having their annual Christmas party on December 9, 2008. 15. Jim Frost addressed an activity that was tentatively planned to be at Universal Studios for the children (18 & under) and their guardians of fallen soldiers. J. CONSENT CALENDAR-REDEVELOPMENT AGENCY Approval of Minutes: August 19, 2008 (Special Closed Session - CM Perf. Evaluation) November 5, 2008 (Regular Meeting) Approval of Check Register dated October 29 through November 11, 2008, for the total amount of $118,513.78. Approve to receive and file current Investment Schedule as of October 31, 2008. Redevelopment Agency, Fire Protection District, City Council Minutes November 19, 2008 Page 4 MOTION: Moved by Williams seconded by Spagnolo to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried 4-0-1; Mayor Pro Tem L. Dennis Michael was absent. K. CONSENT CALENDAR -FIRE PROTECTION DISTRICT 1. Approval of Minutes: August 19, 2008 (Special Closed Session - CM Pert. Evaluation) November 5, 2008 (Regular Meeting) 2. Approval of Check Register dated October 29 through November 11, 2008, for the total amount of $74,072.86. 3. Approval to receive and file current Investment Schedule as of October 31, 2008. 4. Approval to accept monetary donations from the Rancho Cucamonga Professional Firefighters Association and Bzengi in the amount of $250 each for the Threat Avengers Trading Card project as part of the Fire District's Public Education Program. 5. Approval to adopt a boundary map showing Assessor Parcel Map Number 0209-021-42 (Pneudraulics, Inc., a California Corporation), located on the southeast corner of Arrow Route & Helms Avenue, to be annexed into CFD 85-1. RESOLUTION NO. FD 08-036 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING A BOUNDARY MAP (ANNEXATION NO. 08-2) SHOWING PROPERTY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 6. Approval to adopt a Resolution of Intention to annex territory referred to as Annexation Number 08-2 (APN: 0209-021-42, Pneudraulics, Inc., a California Corporation), into Community Facilities District No. 85-1, specifying services provided, to set and specify the special taxes to be levied within the annexation and set a time and place for a public hearing related to the annexation. RESOLUTION NO. FD 08-037 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 08- 2) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 MOTION: Moved by Gutierrez, seconded by Spagnolo to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried 4-0-1; Mayor Pro Tem L. Dennis Michael was absent. ...... Redevelopment Agency, Fire Protection District, City Council Minutes November 19, 2008 Page 5 L. CONSENT CALENDAR -CITY COUNCIL 1. Approval of Minutes: August 19, 2008 (Special Closed Session - CM Perf. Evaluation) September 16, 2008 (Special Meeting re Mountain Shadows) November 5, 2008 (Regular Meeting) 2. Approval of Check Register dated October 29 through November 11, 2008, and payroll ending November 11, 2008, for the total amount of $7,210,856.53. 3. Approval to receive and file current Investment Schedule as of October 31, 2008. 4. Approval to advertise the "Notice Inviting Bids" for the Landscape and Irrigation Maintenance Contract for Landscape Maintenance Districts 6. 7 and 8, to be funded from Acct. Nos. 1136303-5300, 1137303-5300, and 1138303-5300, respectively. RESOLUTION NO. 08-222 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE LANDSCAPE AND IRRIGATION MAINTENANCE CONTRACT FOR LANDSCAPE MAINTENANCE DISTRICTS 6, 7, AND 8 AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 5. Approval of Community Services Update Report. 6. Approval to appropriate $19,385.84 into Acct. No. 1194701-5604, State Asset Seizure monies, and utilize the funds to complete the purchase of one 2008 Gem E4 vehicle, which will be donated to the San Bernardino County Sheriff's Department to be utilized by the Citizen Volunteer Patrol Unit to patrol the City of Rancho Cucamonga Pacific Electric Trail. 7. Approval of request from Mayor Don Kurth to attend League of California Cities' City Manager's Department Meeting on February 4 - 6, 2009, to participate in a conference panel. 8. Approval to authorize the Public Works Services Director to execute a 30-day written notice of contract cancellation (CO 92-011) with West Coast Arborists for Citywide Tree Maintenance Services. 9. Approval for the Public Works Services Director to enter into ashort-term lease with Choctaw Contractors, Inc., to lease city property located on the northwest corner of Eighth Street and Baker Avenue to complete water well interconnect project in progress with the City of Ontario. 10. Approval to submit application to the State Office of Historic Preservation designating the City of Rancho Cucamonga as a Certified Local Government for the purpose of historic preservation. RESOLUTION NO. 08-223 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF AN APPLICATION, DRC2008-00928, TO THE STATE OF CALIFORNIA, REQUESTING THE CITY OF RANCHO CUCAMONGA BE A CERTIFIED LOCAL GOVERNMENT FOR THE PURPOSES OF HISTORIC PRESERVATION Redevelopment Agency, Fire Protection District, City Council Minutes November 19, 2008 Page 6 11. Approval of a Bill of Sale between the City of Rancho Cucamonga and Verizon California, Inc., for the conveyance of the Underground Conduit and Substructure Facilities for Verizon as part of the landscape improvements of the MWD Parkway at the southeast corner of Bluegrass Avenue and Wilson Avenue. RESOLUTION NO. OS-224 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A BILL OF SALE BETWEEN THE CITY AND VERIZON CALIFORNIA, INC. FOR THE CONVEYANCE OF THE UNDERGROUND CONDUIT AND SUBSTRUCTURE FACILITIES FOR VERIZON AS PART OF THE LANDSCAPE IMPROVEMENTS OF THE MWD PARKWAY AT THE SOUTHEAST CORNER OF BLUEGRASS AVENUE AND WILSON AVENUE 12. Approval of Improvement Agreement, Improvement Securities and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance District Nos. 1 and 2 for DRC2006-00633, located on the north side of Foothill Boulevard, west of Center Avenue, submitted by Rancho Workforce Housing, L. P. RESOLUTION NO. 08-225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES DRC2006-00633 RESOLUTION NO. 08-226 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR DRC2006-00633 13. Approval of Improvement Agreement, Improvement Securities and Ordering the Annexation to Landscape Maintenance District No. 38 and Street Light Maintenance District Nos. 1 and 6 for DRC2006-00866, located on the north side of 6`" Street, west of Etiwanda Avenue, submitted by Southern California Edison Company. RESOLUTION NO. 08-227 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DRC2006-00866 RESOLUTION NO. 08-228 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DRC2006-00866 14. Approval to release Faithful Performance Bond No. 4359939, retained in lieu of Maintenance Guarantee Bond, in the amount of $234,398.00 for the Highland Avenue Gates at Highland Avenue east of San Benito Avenue and Fairmont Way north of Kenyon Way Project, Contract No. 07-049. Redevelopment Agency, Fire Protection District, City Council Minutes November 19, 2008 Page 7 15. Approval to release Faithful Performance Bond No. 08870121 retained in lieu of Maintenance Guarantee Bond, in the amount of $162,900.00 for the Banyan Street Pavement Rehabilitation, Sapphire to Carnelian Street Project, Contract No. 07-054. 16. Approval to accept the Etiwanda Avenue Pavement Rehabilitation from 4'" Street to Arrow Route and Arrow Route from 2500' west of Etiwanda Avenue to Etiwanda Avenue Pavement Rehabilitation improvements, Contract No. 08-048 as complete, retain the Faithful Pertormance Bond as a Guarantee Bond, release the Labor and Material Bond, authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $899,937.12. RESOLUTION NO. 08-229 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE ETIWANDA AVENUE FROM 4T" STREET TO ARROW ROUTE AND ARROW ROUTE FROM 2500' WEST OF ETIWANDA AVENUE TO ETIWANDA AVENUE PAVEMENT REHABILITATION IMPROVEMENTS, CONTRACT NO. 08- 048 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 17. Approval to accept the Terra Vista Parkway Pavement Rehabilitation from Spruce and Avenue to Milliken Avenue improvements, Contract No. 08-143 as complete, retain the Faithful Pertormance Bond as a Guarantee Bond, release the Labor and Material Bond, authorize the City Engineer to file a Notice of Completion, and approve the final contract amount of $194,699.06. RESOLUTION NO. OS-230 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE TERRA VISTA PARKWAY PAVEMENT REHABILITATION FROM SPRUCE AVENUE TO MILLIKEN AVENUE IMPROVEMENTS, CONTRACT NO. 08-143 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 18. Approval to accept Improvements, release the Faithful Pertormance Bond, accept a Maintenance Bond and file a Notice of Completion for improvements for Rancho Etiwanda Estates Infrastructure (Day Creek Boulevard, Etiwanda Avenue), located north of the extension of Day Creek Boulevard and west of Etiwanda Avenue, submitted by JTY Investment, LLC. RESOLUTION NO. 08-231 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR RANCHO ETIWANDA ESTATES INFRASTRUCTURE (DAY CREEK BOULEVARD, ETIWANDA AVENUE) AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 19. Approval of Improvement Agreement Extension for Tract 15982, located on the northeast corner of Day Creek Boulevard and Wilson Avenue, submitted by KB Home Greater Los Angeles, Inc. Redevelopment Agency, Fire Protection District, City Council Minutes November 19, 2008 Page 8 RESOLUTION NO. 08-232 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 15982 20. Approval of Improvement Agreement Extension for Tract 15982-1, located on the northeast corner of Day Creek Boulevard and Wilson Avenue, submitted by KB Home Greater Los Angeles, Inc. RESOLUTION NO. 08-233 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 15982-1 MOTION: Moved by Spagnolo, seconded by Gutierrez to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried 4-0-1; Mayor Pro Tem L. Dennis Michael was absent. M. CONSENT ORDINANCES DRC2007-00935 -CHARLES JOSEPH ASSOCIATES - A request to amend Section 5.24.300 (Open Space Districts) of Chapter 5 of Part II of the Etiwanda Specific Plan to add recreational vehicle and self storage facilities as a Conditionally Permitted Use in the Open Space District. Related Files: Conditional Use Permit DRC2003-00048 and Conditional Use Permit DRC2008-00204. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ORDINANCE NO. 800 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN TEXT AMENDMENT DRC2007-00935, A REQUEST TO AMEND PART II, CHAPTER 5, SECTION 5.24.300 OF THE OPEN SPACE DISTRICTS BY ADDING SECTION .304 UNDER CONDITIONAL USES, THEREBY PERMITTING RECREATIONAL VEHICLE AND BOAT STORAGE AND SELF STORAGE FACILITIES AS A CONDITIONALLY PERMITTED USE, SUBJECT TO BEING LOCATED ON THE EAST SIDE OF THE ETIWANDA AND SAN SEVAINE FLOOD CONTROL CHANNEL AND ADJACENT TO THE EASTBOUND I-210 AND I-15 FREEWAY INTERCHANGES; AND MAKING FINDINGS IN SUPPORT THEREOF 2. ENVIRONMENTAL ASSESSMENT AND TERRA VISTA COMMUNITY PLAN AMENDMENT DRC 2008-00161 - LEWIS COMMUNITY DEVELOPERS - A request to change the Terra vista Community Plan land use designation of 14.783 acres of undeveloped land in the Terra Vista Community at the southeast corner of Haven Avenue and Church Street from Office to approximately 11.83 areas of Medium-High Residential (14-24 dwelling units per acre) and 2.90 acres of Neighborhood Commercial - APN: 1077-422-01, 46, and 93. Related Files: General Plan Amendment DRC2008-00160, Conditional Use Permit and Development Design Review, DRC2008-00163. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Redevelopment Agency, Fire Protection District, City Council Minutes November 19, 2008 Page 9 ORDINANCE NO. 801 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2008-00161, A REQUEST TO AMEND LAND USE PLAN (FIGURE III-17) DESIGNATION OF 14.73 ACRES OF UNDEVELOPED LAND IN THE TERRA VISTA PLANNED COMMUNITY AT THE SOUTHEAST CORNER OF HAVEN AVENUE AND CHURCH STREET FROM OFFICE TO APPROXIMATELY 11.83 ACRES OF MEDIUM-HIGH RESIDENTIAL (14-24 DWELLING UNITS PER ACRE) AND 2.90 ACRES OF NEIGHBORHOOD COMMERCIAL; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 1077-422-01, 46, AND 93 MOTION: Moved by Gutierrez, seconded by Williams to approve Ordinance 800 and 801 for second reading. Motion carried 4-0-1; Mayor Pro Tem L. Dennis Michael was absent. R#4#1i N. ADVERTISED PUBLIC HEARINGS CITY COUNCIL 1. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TEMPORARILY REVISING REGULATIONS RELATING TO DURATION OF BUILDING AND GRADING PERMITS AND DEFERRAL OF CERTAIN DEVELOPMENT IMPACT FEES Tiffany Cooper, Management Analyst, presented the staff report. Mayor Kurth opened the public hearing. Carlos Rodriguez thanked the City Council for considering BIA's suggestions. Dat Ta asked that the Ordinance be revised to include smaller developers. Jack Lam, City Manager, recommended that the Ordinance be adopted and indicated that staff would study the matter and bring a report back for further consideration. Frank Williams thanked the City Council for their support of the building industry. Mayor Kurth closed the public hearing. MOTION: Moved by Williams, seconded by Gutierrez to waive full reading and set second reading of Ordinance No. 802 for the December 3, 2008 meeting. Motion carried 4-0-1; Mayor Pro Tem L. Dennis Michael was absent. ORDINANCE NO. 802 (first reading) Redevelopment Agency, Fire Protection District, City Council Minutes November 19, 2008 Page 10 2. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND AMENDMENT TO VICTORIA ARBORS MASTER PLAN DRC2007-00047 - AMERICAN BEAUTY DEVELOPMENT COMPANY - A request to change the Victoria Arbors Master Plan land use designation from School to Mixed Use to allow for single-family Low-Medium Residential (4-6 dwelling units per acre) designation for 8.79 acres of land, located at the northwest corner of Victoria Park Lane and Long Meadow Drive -APN: 0227-171-29 and 30. Related file: Tentative Parcel Map SUBTPM18449. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ORDINANCE NO. 803 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA ARBORS MASTER PLAN AMENDMENT DRC2007-00047, A REQUEST TO CHANGE THE PLAN FROM SCHOOL TO MIXED USE RESIDENTIAL TO BRING THE SITE INTO CONFORMANCE WITH THE GENERAL PLAN FOR 8.79 ACRES OF LAND LOCATED ON THE NORTHWEST CORNER OF VICTORIA PARK LANE AND LONG MEADOWS DRIVE; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0227-171-29 AND 30 Steve Fowler, Assistant Planner, presented the staff report. Mayor Kurth opened the public hearing. John Morrsette, representing American Beauty Development Company, thanked the City Council for the opportunity to work in Rancho Cucamonga. John Lyons commended American Beauty Development Company for their work in the City. Christopher Weller urged the City Council to start producing an economic model that will maintain the City. Mayor Kurth closed the public hearing. MOTION: Moved by Williams, seconded by Spagnolo to waive full reading and set second reading of Ordinance No. 803 for the December 3, 2008 meeting. Motion carried 4-0-1; Mayor Pro Tem L. Dennis Michael was absent. RECESS: Mayor Kurth recessed the meeting at 8:21 p.m. RECONVENE: Mayor Kurth reconvened the meeting at 8:31 p.m. ,,.~,.., O. CITY MANAGER'S STAFF REPORTS 1. PRESENTATION BY ARDESS LILLY, PARTNERSHIP SPECIALIST WITH THE U.S CENSUS BUREAU REGARDING PREPARATIONS FOR THE 2010 CENSUS (Oral Presentation) Ardess Lilly, Partnership Specialist with the U.S. Census Bureau presented information regarding preparation for the 2010 Census. 2. REVIEW AND CONCEPTUAL APPROVAL OF THE CITY OF RANCHO CUCAMONGA VOLUNTARY/INCENTIVE BASED GREEN BUILDING PROGRAM DRC2008-00116 Redevelopment Agency, Fire Protection District, City Council Minutes November 19, 2008 Page 11 James Troyer, Planning Director, presented information on the new voluntary/incentive based green building program. Frank Williams expressed concerns with a mandatory green building program and indicated that BIA supported the California Green Builder Program, not the Leadership in Energy and Environmental Design Program. MOTION: Moved by Spagnolo, seconded by Williams to conceptually approve the voluntary/incentive based green building program. Motion carried 4-0-1; Mayor Pro Tem L. Dennis Michael was absent. 3. Fabian Villenas, Principal Management Analyst presented an agreement with Mrs. Catherine Vail Bridge which provided for the transfer of copyrights for her book. MOTION: Moved by Gutierrez, seconded by Williams to approve the agreement between the City of Rancho Cucamonga and Mrs. Catherine Vail Bridge far the transfer of copyrights. Motion carried 4-0-1; Mayor Pro Tem L. Dennis Michael was absent. 4. (Oral Presentation) Ingrid Bruce, GIS/Special Districts Manager presented information regarding the City's enterprise wide GIS system and 2008 GIS Day. P. COUNCIL BUSINESS COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Spagnolo thanked Arrowhead and Larry Lawrence for providing water to neighboring communities during the recent fires. He noted that a Thanksgiving Dinner is being provided free by the VFW Post 8680. Councilmember Gutierrez addressed the Veteran's Day events that were held at Central Park. Councilmember Williams congratulated the City and staff on the Founder's Day parade. Mayor Kurth wished everyone a happy Thanksgiving. 2. CONSIDERATION OF THE CITY COUNCIL COMMUNITY SERVICES SUBCOMMITTE_E'S Councilmember Spagnolo noted that he serves with Councilmember Williams on the City Council Community Services Subcommittee. The Subcommittee recently met to discuss appointments to the Community Foundation Board of Directors and has recommended that Linda Bryan and Brad Firle be appointed. Redevelopment Agency, Fire Protection District, City Council Minutes November 19, 2008 Page 12 MOTION: Moved by Spagnolo, seconded by Williams to approve the appointment of Linda Bryan and Brad Firle to the Community Foundation Board of Directors. Motion carried 4-0-1; Mayor Pro Tem L. Dennis Michael was absent. 3. CONSIDERATION OF RIGHT-OF-WAY USE AGREEMENT WITH NEXTG NETWORKS FOR CITYWIDE INSTALLATION OF WIRELESS INFRASTRUCTURE (PowerPoint Presentation) Dan James, Senior Civil Engineer and a representative from Nextg made a presentation on the Right-of- Way Use Agreement with Nextg Networks for Citywide installation of wireless infrastructure. MOTION: Moved by Gutierrez, seconded by Williams to approve the Right-of-Way Use Agreement with Nextg Networks. Motion carried 4-0-1; Mayor Pro Tem L. Dennis Michael was absent. Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified. R. ADJOURNMENT Mayor Kurth stated the next regular meeting would be held on December 3, 2008. The meeting adjourned at 10:09 p.m. to December 3, 2008 at 3:30 p.m. for a workshop. Said meeting will be held in the Tri Communities Room. Respectfully submitted, Debra L. McKay, MMC Assistant City Clerk/Records Manager Approved: ****** December 3, 2008 RANCHO CUCAMONGA REDEVELOPMENT AGENCY CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga Redevelopment Agency held a closed session on Wednesday, December 3, 2008, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:10 p.m. by Chairman Donald J. Kurth. Present were Agency members: Rex Gutierrez, Sam Spagnolo, Diane Williams, Vice Chairman L. Dennis Michael and Chairman Donald J. Kurth. Also present were: Jack Lam, Executive Director; Pamela Easter, Assistant City Manager; James Markman, City Attorney; John Gillison, Deputy City Manager/Administrative Services; Mahdi Aluzri, Deputy City Manager/Community Development; Linda D. Daniels, Redevelopment Agency Director. ,.... B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) Chairman Kurth announced the closed session items: CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A) - JR ENTERPRISES, LP V. CITY OF RANCHO CUCAMONGA -CASE NUMBER RCV 090728 -City 2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF CHURCH AND ARBOR LANE; AGS HOMEBUILDER 1, LLC, AND LINDA D. DANIELS, RDA DIRECTOR. NEGOTIATING PARTY, REGARDING TERMS OF AGREEMENT- RDA The City Manager noted the need to add the following matter to the Closed Session agenda: CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A) -FREEDOM FROM RELIGION FOUNDATION, INC V. CITY OF RANCHO CUCAMONGA, AND LINDA DANIELS -CASE NUMBER 2:08-CV-07833-PA-PJW, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CA, EASTERN DIVISION. MOTION: Moved by Spagnolo, seconded by Williams, to add the matter to the Closed Session agenda as there was a need to take immediate action and that this need came to light after the agenda was prepared. Motion carried, 5-0. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A) -FREEDOM FROM RELIGION FOUNDATION, INC V. CITY OF RANCHO CUCAMONGA, AND LINDA DANIELS -CASE NUMBER 2:08-CV- 07833-PA-PJW -City (Added by Urgency) C. PUBLIC COMML)NICATIONS ON CLOSED SESSION ITEM(S) No one was present to comment on the closed session item. •1R1F1 Redevelopment Agency, Fire Protection District, City Council Minutes November 19, 2008 Page 2 D. CONDUCT OF CLOSED SESSION Closed session began at 5:10 p.m. E. CITY MANAGER ANNOUNCEMENTS No announcements were made. F. RECESS The closed session adjourned at 5:50 p.m. with no action taken. G. SPECIAL MEETING CALL TO ORDER -'6:00 P.M. COUNCIL CHAMBERS The meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District, and City Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman/PresidenVMayor Donald J. Kurth called the meeting to order at 6:05 p.m. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams, Vice Chairman L. Dennis Michael and Chairman Donald J. Kurth. Also present were: Jim Frost, City Treasurer; Janice Reynolds, City Clerk Elect; Jack Lam, City Manager; James Markman, Legal Counsel/City Attorney; Pamela Easter, Assistant City Manager; Management Analyst II; John Gillison, Deputy City Manager/Administrative Services; Linda D. Daniels, Redevelopment Agency Director; Mahdi Aluzri, Deputy City Manager/Community Development; James Troyer, Planning Director; Mark Steuer, Director Engineering Services/City Engineer; Jeff Barnes, Parks Maintenance Superintendent; Trang Huynh, Building and Safety Official; Nettie Nielsen, Community Services Superintendent; Deborah Clark, Library Director; Joe Pulcinella, Animal Services Director; Chief Joe Cusimano, Rancho Cucamonga Police Department; Peter Bryan, Fire Chief; Debra McKay, Records Manager/Assistant City Clerk; and Kathryn Scott, Assistant City Clerk. 3. APPROVAL OF A RESOLUTION CERTIFYING MUNICIPAL ELECTION RESULTS RESOLUTION NO. 08-234 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY ON NOVEMBER 4, 2008, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY THE PROVISIONS OF LAW Redevelopment Agency, Fire Protection District, City Council Minutes December 3, 2008 Page 3 The City Manager indicated that the San Bernardino County Registrar of Voters had certified the election and recommended that the City Council adopt a Resolution declaring the results. MOTION: Moved by Williams, seconded by Gutierrez, to adopt the Resolution declaring the municipal election. Motion carried 5-0. ..,.. H. ITEMS OF BUSINESS WITH NEWLY ELECTED OT'FICIALS OATHS OF OFFICE WILL BE ADMINISTERED BY THE HONORABLE JEFFREY KING ASSOCIATE JUSTICE. TO THE FOLLOWING: L. Dennis Michael Sam Spagnolo Jim Frost Janice Reynolds The Honorable Jeffrey King administered the oaths of office. I. RECESS The meeting was recessed at 6:10 p.m. FOLLOWING THR RECESS, A RECEPTION OCCURRED IN THE FOYER OF THE COUNCIL CHAMBERS TO CONGRATULATE THE ELECTED OFFICIALS. J. REGULAR MEETING CALL TO ORDER- 7:00 P.M. COUNCIL CHAMBERS The meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District, and City Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman/PresidenVMaycr Donald J. Kurth called the meeting to order at 7:02 p.m. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams, Vice Chairman L. Dennis Michael and Chairman Donald J. Kurth. Also present were: Jim Frost, City Treasurer; Janice Reynolds, City Clerk Elect; Jack Lam, City Manager; James Markman, Legal Counsel/City Attorney; Pamela Easter, Assistant City Manager; Management Analyst II; John Gillison, Deputy City Manager/Administrative Services; Mahdi Aluzri, Deputy City Manager/Community Development; Trang Huynh, Building and Safety Official; Mark Steuer, Director Engineering Services/City Engineer; Jeff Barnes, Parks Maintenance Superintendent; James Troyer, Planning Director; Linda D. Daniels, Redevelopment Agency Director; Nettie Nielsen, Community Services Superintendent; Deborah Clark, Library Director; Joe Pulcinella, Animal Services Director; Chief Joe Cusimano, Rancho Cucamonga Police Department; Peter Bryan, Fire Chief; Debra McKay, Records Manager/Assistant City Clerk; and Kathryn Scott, Assistant City Clerk. ..«.. Redevelopment Agency, Fire Protection District, City Council Minutes November 19, 2008 Page 4 G. ANNOUNCEMENTS/PRESENTATIONS A special presentation was made by Gwyn Frost to Janice C. Reynolds, City Clerk. 1. Presentation on "Home for the Holidays Adoption" program. Joe Pulcinella, Animal Services Director, presented information on the Department's "Home for the Holidays Adoption" program. 2. Presentation of a Certificate of Recognition to Brandon Sayegh for participation in the Junior National Young Leaders Conference in Washington, D.C. Mayor Kurth presented a Certificate of Recognition to Brandon Savegh. 3. Administration of Oaths of Office to Linda Bryan and Brad Firle, newly appointed members to the Rancho Cucamonga Community Foundation Board of Directors. Janice Reynolds, City Clerk, administered the Oath of Office to Linda Bryan and Brad Firle. ,...,. L. PUBLIC COMMUNICATIONS L1. Jim Frost spoke about the "Support Our Troops' program sponsored by the San Bernardino County Board of Supervisors and the Count Veterans Affairs re the collection of gift cards and toys for the families of troops, and the December 10 complimentary dinner for veterans and their families at the Jessie Turner Health 8 Fitness Center in Fontana. L2. Jonathan Gebo & Ethan Pizman commented re the article by Rex Gutierrez re drug users at Los Osos; they felt he exaggerated and said tax dollars towards police dogs is not needed, and to send money where it is really needed, that the epidemic is not isolated to the high schools, as drug use is a problem throughout the nation. They stated that the campus at Los Osos is safe. L3. Dee Barrow spoke about the immigration crisis and books which favored amnesty and open borders for people who are here illegally. L4. John Lyons commented favorably about the special meeting (swearing-in ceremony) and the nostalgia of previous mayors/councilmembers who were present; he said he would like to see Norm MacKenzie, previous President/CEO of the Chamber of Commerce, receive a proclamation. L5. Jerry Jacobsen addressed the abandoned homes ordinance and State Bill 1137, urging Council to expedite the inclusion of the ordinance. He spoke about the anticipated foreclosed homes for 2009; and said S81137 addresses the problem by requiring the legal owner of the property to maintain it or be fined a $1,000 per day. L5. Lara Scott offered a prayer of thankfulness. L7. Jim Moffatt thanked Rex Gutierrez for the tribute to the veterans @ Central Park, and spoke about the housing breaks for builders constructing 25 homes or more; he questioned how the Council derived on 25 homes, when the CEO of the BIA said that most developments are 15 or less. L8. Raymond Herrera, National Rally Spokesman for the Minute Man Project, spoke about two incidents (one in Rancho Cucamonga and one in Claremont); he also addressed the illegal activity at the Redevelopment Agency, Fire Protection District, City Council Minutes December 3, 2008 Page 5 border, and stated he had a problem with someone coming into the schools glorifying illegal activity; he asked the Council to stand with the minutemen. Lg. Robin Hvidston, National Rally Spokesperson for the Minute Man Project, stated that Sonia Nazario, author of "Enrique's Journey' who also spoke at Los Osos High School, exploited helpless children; she challenged the principal to bring a congressman on campus to discuss topic of securing the border. L10. Doug Fenn stated that Linda Daniels is a very competent, loyal and conscientious employee, and that he also hoped the best for the City regarding complaint by the Freedom From Religion Foundation, Inc. He mentioned the humanitarian issues at the border and the innocent deaths of Mexicans involving drugs; he felt that drugs should be legalized, with money spent to rehabilitate those hooked on drugs. M. AGENCY/FIRE BOARD/COUNCTL RESPONSES TO PUBLIC COMMENTS None. ...... N. CONSENT CALENDAR-REDEVELOPMENT AGENCY 1. Approval of Minutes: September 16, 2008 (Special Meeting on Presentations) September 17, 2008 (Regular Meeting) 2. Approval of Check Register dated November 12, 2008 through November 25, 2008 and Payroll ending November 25, 2008, for the total amount of $2,167,812.66. 3. Approval of the emergency purchase ($25,000) and change in Contracts 07-065 & RA 07-003 for Pouk and Steinle, Inc. ($20,000) to install new electrical distribution equipment for the Epicenter in the total amount of $45,000 from Acct. No. 2646801-5602 (Sports Complex Capital Improvement) and appropriate $45,000 from Sports Complex Capital Improvement Fund balance. 4. Approval of an increase to Contract RA 08-016 in the amount of $27,760 to Slater Waterproofing for the "Epicenter Cross Aisle Waterproofing Project," authorize additional funding for waterproof inspections in the amount of $15,500, to be funded from RDA Public Improvement Fund, Acct. No. 2650801-5602, and appropriate $43,260 to Acct. No. 2650801-5602 from RDA Public Improvement Fund balance. 5. Approval to accept the Archibald Library Remodel, Contract No. RA 08-012 as complete, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Materials Bond, and authorize the Redevelopment Agency Director to file a Notice of Completion and approve the final contract amount of $1,718,888.00 RESOLUTION NO. RA 08-012 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE CONSTRUCTION OF THE REMODEL OF THE ARCHIBALD LIBRARY, CONTRACT NUMBER RA 08-012 AND AUTHORIZING THE FILING OF NOTICE OF COMPLETION FOR THE WORK Redevelopment Agency, Fire Protection District, City Council Minutes November 19, 2008 Page 6 6. Approval of the Rancho Cucamonga Redevelopment Agency Fiscal Year 2007/08 Annual Report; authorize the transmittal of the Annual Report to the appropriate State agencies, and acknowledge that the planning and administrative expenses included in the housing funds are necessary for the production, improvement or preservation of low and moderate income housing for Fiscal Year 2007/08. MOTION: Moved by Michael, seconded by Gutierrez, to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried 5-0. O. CONSENT CALENDAR -FIRE PROTECTION DISTRICT Approval of Minutes: September 16, 2008 (Special Meeting on Presentations) September 17, 2008 (Regular Meeting) 2. Approval of Check Register dated November 12, 2008 through November 25, 2008 for the total amount of $137,518.17. 3. Approval of Annual Terms and Conditions of Rancho Cucamonga Firefighters Local 2274 Medical Savings Agreements. MOTION: Moved by Spagnolo, seconded by Michael, to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried 5-0. «.,... P. CONSENT CALENDAR -CITY COUNCIL Approval of Minutes: September 16, 2008 (Special Meeting on Presentations) September 17, 2008 (Regular Meeting) 2. Approval of Check Register dated November 12, 2008 through November 25, 2008 and payroll ending November 25, 2008 for the total amount of $2,167,812.66. 3. Approval to advertise the "Notice Inviting Bids" for the Construction of Foothill Boulevard Traffic Signal Controller Replacement Project, to be funded from Transportation Funds, Acct. No. 1124303- 5650/1492124-0. RESOLUTION NO. 08-235 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE FOOTHILL BOULEVARD TRAFFIC SIGNAL CONTROLLER REPLACEMENT PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 4. Approval for a three (3) year contract extension with NEC, Business Network Solutions, Inc., which provides citywide telephone maintenance services, beginning Fiscal Year 2008/2009 and ending in Fiscal Year 2010/2011, in an annual amount of $116,000.00, with an estimated 10% annual increase, to be funded from Acct. No. 1001-205-5300. Redevelopment Agency, Fire Protection District, City Council Minutes December 3, 2008 Page 7 5. Approval and authorize the Mayor to execute a Transferred and New Municipal Departing Load Non-bypassable Charges and Cost Responsibility Surcharge Agreement with Southern California Edison. (ITEM REMOVED; TO RETURN AT DECEMBER 17, 2008 MEETING) 6. Approval of the "Click It or Ticket" Grant to provide reimbursable funding up to $60,527.00 for Next Generation Seat Belt Enforcement, from Acct. 1372705-5300. Ratify Resolution No. OS-236 for the emergency acquisition of materials, equipment rental, contractors, and procurement of labor necessary to effect the required repairs to the lighting at Beryl Park in the amount of $56,600 and appropriate $56,600 from the capital reserve fund into Acct. No. 1025001-5005 ($3,600), 1025001-5204 ($10,000), 1025001-5252 ($19,000) and 1025001-5304($24,000). RESOLUTION NO. 08-236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RATIFYING AND AUTHORIZING THE EMERGENCY PROCUREMENT OF PROFESSIONAL SERVICES WITHOUT COMPETITIVE BIDDING 8. Approval for the Public Works Services Director to execute Contract Amendment No. 1 for the "Upgrade of Chillers at the Civic Center' project, extending the warranty of the Turbocor compressors for five years at no cost to the City and releasing final payment for the project upon successful installation and testing of the new HVAC compressors. 9. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for Parcel Map No. 18994 located on the southeast corner of Arrow Route and Helms Avenue, submitted by Pneudraulics, Inc. RESOLUTION NO. OS-237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 18994, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 08-238 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 36 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL MAP NO. 18994 10. Approval of Improvement Agreement Extension for Tract 16227-1, located at the northwest corner of Day Creek Boulevard, west of Etiwanda Avenue, submitted by Meritage Homes of California, Inc. RESOLUTION NO. 08-239 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16227-1 11. Approval of Improvement Agreement Extension for Tract 16908, located on the north side of Arrow Route, west of Baker Avenue, submitted by HL Homes Corporation. Redevelopment Agency, Fire Protection District, City Council Minutes November 19, 2008 Page 8 RESOLUTION NO. OS-240 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16908 12. Approval to release Maintenance Guarantee Bond for Parcel Map 16009, located on the southeast corner and southwest corner of Sixth Street and Charles Smith Avenue, submitted by Chase Back Bay, LLC. 13. Approval to release Maintenance Guarantee Bond for Parcel Map 16139, located on the north side of Sixth Street between Rochester Avenue and Charles Smith Avenue, submitted by Chase EI Monte, LLC. 14. Approval to release Maintenance Guarantee Bond for Parcel Map 17609, located on the southeast corner of Church Street and Victoria Gardens Lane, submitted by Bass Pro Shops. 15. Approval of a Resolution of the City Council of the City of Rancho Cucamonga, California, adopting the plan for the remaining share (2ntl allocation) of the Proposition 1 B Local Streets and Roads Improvement, Congestion Relief, and Traffic Safety Account Funds RESOLUTION NO. 08-241 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE PLAN FOR THE REMAINING SHARE (2N° ALLOCATION) OF THE PROPOSITION 1B LOCAL STREETS AND ROADS IMPROVEMENT, CONGESTION RELIEF, AND TRAFFIC SAFETY ACCOUNT FUNDS 16. Approval to accept improvements, release the Faithful Performance Letter of Credit, accept a Maintenance Bond, and file a Notice of Completion for improvements for Tract 16909, located on the west side of Haven Avenue, between Arrow Route and 26'" Street, submitted by Hillwood Construction Services. RESOLUTION NO. 08-242 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16909 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 17. Approval to accept improvements, release the Faithful Performance and Labor and Material Bond, and file a Notice of Completion for "Citywide Street Name Sign Replacement, Phase 6." RESOLUTION NO. 08-243 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CITYWIDE STREET NAME SIGN REPLACEMENT, PHASE 6 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK The City Manager removed Item P5 from the Consent Calendar and indicated that the matter would be considered by the City Council on December 17, 2008. Redevelopment Agency, Fire Protection District, City Council Minutes December 3, 2008 Page 9 MOTION: Moved by Williams, seconded by Michael, to approve the staff recommendations in the remaining staff reports contained within the Consent Calendar. Motion carried 5-0. Q. CONSENT ORDINANCES - A request to change the Victoria Arbors Master Plan land use designation from School to Mixed Use to allow for single-family Low-Medium Residential (4-6 dwelling units per acre) designation for 8.79 acres of land, located at the northwest corner of Victoria Park Lane and Long Meadow Drive -APN: 0227-171-29 and 30. Related file: Tentative Parcel Map SUBTPM18449. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ORDINANCE NO. 803 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA ARBORS MASTER PLAN AMENDMENT DRC2007-00047, A REQUEST TO CHANGE THE PLAN FROM SCHOOL TO MIXED USE RESIDENTIAL TO BRING THE SITE INTO CONFORMANCE WITH THE GENERAL PLAN FOR 8.79 ACRES OF LAND LOCATED ON THE NORTHWEST CORNER OF VICTORIA PARK LANE AND LONG MEADOWS DRIVE; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0227-171- 29 AND 30 MOTION: Moved by Michael, seconded by Williams, to approve Ordinance 803 for second reading. Motion carried 5-0. __.«.. R. ADVERTISED PUBLIC HEARINGS CITY COUNCIL - To consider revocation of a conditional use permit for the serving of alcoholic Beverages in conjunction with a restaurant use, located at 9740 19th Street. APN: 1076-011-10. Related File: Entertainment Permit 89-04R. To consider revocation of an Entertainment Permit in conjunction with a restaurant use, located at 9740 19th Street. APN: 1076-011-10. Related File; Conditional Use Permit 87-06R. RESOLUTION NO. 08-244 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S REVOCATION OF CONDITIONAL USE PERMIT NO. CUP87-O6, FOR THE SERVING OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH A RESTAURANT, LOCATED IN THE NEIGHBORHOOD COMMERCIAL DISTRICT AT 9740 19TH STREET; Redevelopment Agency, Fire Protection District, City Council Minutes November 19, 2008 Page 10 AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 1076-011- 10. RESOLUTION NO. 08-245 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S REVOCATION OF ENTERTAINMENT PERMIT NO. EP89-04, WHICH PERMITS ENTERTAINMENT IN CONJUNCTION WITH A RESTAURANT, LOCATED IN THE NEIGHBORHOOD COMMERCIAL DISTRICT AT 9740 19TH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 1076-011-10. The City Manager reported that the attorney for the applicant has requested a continuance until January 21, 2009. MOTION: Moved by Michael, seconded by Gutierrez, to continue the public hearing until the January 21, 2009 meeting. Motion carried 5-0. S. COUNCIL BUSINESS COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Spagnolo thanked those who supported and voted for him; he felt it was important to give back to the community, that he's been successful during his first four years and will continue to do that in the next four years; he stated @ Thanksgiving he was at the VFW helping to serve the less fortunate, which was a warming experience; he thanked the vets for their hard work. He announced that the VFW, Fire Department, City and local boy scouts are planning to have a community flag-burning ceremony to properly dispose of tattered and worn flags. Councilmember Gutierrez announced on December 13`" that the Community Services Department is planning a "Snowflake Festival" at Victoria Gardens. Regarding the two young men who spoke from Los Osos (Jonathan Gebo 8 Ethan Pizman), he stated that he hopes he didn't infer that Los Osos is drug- infested, as that is not true. He said every high school has problems, but when anything spills into the neighborhood and one person is affected, or loses their life from drugs, then that's our problem. He said he wants it to be better. He didn't want to give the wrong impression, and he is grateful for the students who brought it up, as it is a worthy issue that he hopes will be discussed in the future. Mayor Pro Tem Michael explained the swearing-in ceremony for the Rancho Cucamonga new-elected members of the local government. He said he takes his duty very seriously and that it is truly an honor to serve another four years. He said he has dedicated his life to public service, and he will do the best job to make sure that Rancho Cucamonga remains the premiere community in all of the Inland Empire. He commented that it was an honor to be sworn in by Justice King; it brought back memories, as he knew him from Alta Loma High School. He thanked all the voters, with special thanks to his family and wife. Councilmember Williams stated she is happy to have incumbents return and to see our new City Clerk elected. She announced that on December 13th at 5:15 p.m, the annual "Holiday Train" will be at the Metrolink station with a stage pertormance, music, lights, etc. She said local firemen will be at the station collecting toys for the Spark of Love Toy Drive, and that toys can also be taken to City Hall. She also announced that Rancho Cucamonga became the number one station for Metrolink hoardings (over 1,000/day) the last month. Mayor Kurth commented on his disappointment with the legislators regarding the State's budget. He said our district legislators, Senator Dutton and Assembly Member Emerson are doing their best to hold Redevelopment Agency, Fire Protection District, City Council Minutes December 3, 2008 Page 11 the line on spending and taxes, but not everyone in the Legislature feels that way. He said the State dips into our local treasury to fill their deficit because they can't be responsible for their own spending. He said regarding the use of drugs @ Los Osos, he said as a physician and a scientist, he would like to challenge the school boards throughout the city to join with the City to do a study and find out the extent of drug and alcohol use in all the schools. He announced that the City is going to launch a study on how the community feels about tighter tobacco control ordinances for residences and businesses. He stated he attended the Veterans Day Thanksgiving Celebration at the VFW Post and was impressed and proud to hear that Michelle Seckler (Fire Department) and her husband, along with volunteers who consisted of Ccuncilmember Spagnolo and his family, spent two days cooking and serving the veterans. ...+ „ LEGISLATIVE AND REGIONAL UPDATES (Oral) Councilmember Spagnolo, League of CA Cities Representative, announced that the State budget deficit is $28 billion. He said the Governor declared an emergency legislative session which now requires them to come up with an agreement within 45 days. He said our Governor asked President-Elect Obama for money, along with other states. He stated that our City Council will be meeting with the City Manager addressing this issue to determine what the City needs to do to maintain the level of standards that we have. He stated the subcommittee re foreclosed properties is looking at the State Bill, but the subcommittee intends to go further to protect the properties in our city. Mayor Pro Tem Michael, Omnitrans Board Representative, announced that as a result of the economy, people are becoming more comfortable riding the bus and realizing that it is convenient and economical, and also reduces emissions and the number of cars on the road. He said there has been a significant double-digit increase in both September and October (and probably November) over the last year on the number of people riding buses. He encouraged more to use Omnitrans buses throughout the City. T. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified. ...... U. ADJOURNMENT Mayor Hurth stated the next regular meeting would be held on December 17, 2008. Meeting adjourned at 8:21 p.m. in honor of students present in the Council Chambers and those watching at home in Rancho Cucamonga, and to a team building workshop to be held on December 10, 2008, at 4:00 p.m. in the Victoria Gardens Cultural Center, Celebration Hall South at 12505 Cultural Center Drive. Respectfully submitted, Debra L. McKay, MMC Assistant City Clerk/Records Manager Approved: """ RANCHO CUCAMONGA REDEVELOPMENT AGENCY Agenda Check Reeister 11/26/2008 through 12/9/2008 Check No. AP - 00276171 AP - 00276171 AP - 00276192 AP - 00276201 AP - 00276209 AP - 00276209 AP - 00276248 AP - 00276248 AP - 00276260 AP - 00276287 AP - 00276294 AP - 00276297 AP - 00276297 AP - 00276297 AP - 00276297 AP - 00276297 AP - 00276297 AP - 00276337 AP - 00276337 AP - 00276337 AP - 00276338 AP - 00276344 AP - 00276359 AP - 00276370 AP - 00276387 AP - 00276387 AP - 00276387 AP - 00276398 Check Date Vendor Name 12/3/2008 12/3/2008 12/3/2008 12/3/2008 12/3/2008 12/3/2008 12/3/2008 12/3/2008 12/3/2008 12/3/2008 12/3/2008 12/3/2008 12/3/2008 12/3/2008 12/3/2008 12/3/2008 12/3/2008 12/3/2008 12/3/2008 12/3/2008 12/3/2008 12/3/2008 12/3/2008 12/3/2008 12/3/2008 12/3/2008 12/3/2008 12/3/2008 ADVANTAGE FITNESS PRODUCTS ADVANTAGE FITNESS PRODUCTS BETTER ENERGY IDEAS C & M WEED ABATEMENT CIVIC PLUS CIVIC PLUS FEDERAL EXPRESS CORP FEDERAL EXPRESSCORP GEOGRAPHICS KIPLINGER LETTER, THE LANCE SOLL AND LUNGHARD LIM & NASCIMENTO ENGINEERING CORP LIM & NASCIMENTO ENGINEERING CORD LIM & NASCIMENTO ENGINEERING CORP LIM & NASCIMENTO ENGINEERING CORP LIM & NASCIMENTO ENGINEERING CORP LIM & NASCIMENTO ENGINEERING CORP RICHARDS WATSON AND GERSHON RICHARDS WATSON AND GERSHON RICHARDS WATSON AND GERSHON RICHARDS WATSON AA'D GERSHON RRM DESIGN GROUP SOUTHERN CALIFORNIA EDISON SUNSET PUBLISHING URS CORPORATION URS CORPORATION URS CORPORATION VISION MEDIA TELEVISION LLC Amount 5,538.36 4,458.60 4,502.60 390.00 10,300.00 2,400.00 21.38 20.73 293.75 84.00 5,150.00 5,130.72 4,600.63 4,696.29 17,118.62 8,803.59 38,546.77 5,912.00 40.00 57.00 19.00 42,659.45 251,456.85 760.88 31,393.18 27,800.00 10,941.27 2,733.34 Total for Check ID AP: 485,829.01 Total for Entit}': 485,829.01 P1 User: VLOPEZ -Veronica Lopez Page: 1 Current Date: 12/11/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pornait Layout Time: 08:15:4 STAFF REPORT - REDEV ELOP1fENT t1GENCY RANCHO Date: December 17, 2008 CUCAMONGA To: Chairman and Members of the Redevelopment Agency Jack Lam, AICP, City Manager From: Linda D. Daniels, Redevelopment Director Subject: APPROVAL OF AN APPROPRIATION FROM FUND BALANCE TO ACCOUNT NUMBER 2500801-5515 IN THE AMOUNT OF $1,342,890 FOR THE PAYMENT OF PASS THRU PAYMENTS TO VARIOUS TAXING ENTITIES AS REQUIRED BY AB 1290 AND SB 211 RECOMMENDATION: Approve an appropriation in the amount of $1,342,890 to account number 2500801-5515 for the payment of pass thru amounts to various taxing entities. ANALYSIS: As required by AB 1290 and SB 211, the Rancho Cucamonga Redevelopment Agency is required to make pass thru payments to taxing entities which did not have a pass thru agreement at the time of approval of Amendment No. 2 to the Redevelopment Plan. The pass thru payment methodology is outlined in Section 33607.5 of the Health and Safety Code. The City receives the payment that is authorized by Section 33607.5(b) of the Health and Safety Code. The followirig is the estimated amount that will be paid to the taxing entities for FY 2008/09: Taxing Entity County Superintendent of Schools Chaffey Community College District City of Rancho Cucamonga Inland Empire West Resource Conservation District Chino Basin Water Conservation District Respectfully submitted, ~l-GI~aJ ~ . ~.~ _l Linda D. Daniels Redevelopment Director Amount to be Paid $113,140 $526,346 $626,855 $24,277 $52,266 P2 P3 STAFF REPORT ~ ~ ~ 17 11VCI\GERING SER~'1CT'ti DEn~RTnirNr ~~~ RAivctto CUCAMONGA Date: December 17, 2008 To: Chairman and Redevelopment Agency Members Jack Lam, AICP, Executive Director From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Jerry A. Dyer, Senior Civil Engineer Subject: APPROVE AND AUTHORIZE AN INCREASE TO CONTRACT NO. RA 05-031 IN THE AMOUNT OF $77,500 TO DAN GUERRA & ASSOCIATES, AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $7,750 AND APPROVE CONTRACT CHANGE ORDER NO. 2 FOR ADD ITIONAL DESIGN SERVICES FOR THE EAST AVENUE MASTER PLAN STORM DRAIN, TO BE FUNDED FROM LOWER ETIWANDA DRAINAGE FUNDS, ACCOUNT NO. 11263035650/1584126-0, AND APPROPRIATE AN ADDITIONAL AMOUNT OF $85,250 TO ACCOUNT NO. 11263035650/1584126-0 FROM LOWER ETIWANDA DRAINAGE FUND BALANCE RECOMMENDATION It is recommended that the Redevelopment Agency approve and authorize an increase to Contract No. RA 05-031 in the amount of $77,500 to Dan Guerra & Associates, authorize the expenditure of a 10% contingency in the amount of $7,750 and authorize the City Engineer to approve Contract Change Order No. 2, for additional design services for the East Avenue Master Plan Storm Drain, to be funded from Lower Etiwanda Drainage Funds, Account No. 1 1 263035650/1 5 841 26-0, and appropriate an additional amount of $85,250 to Account No. 1 1 26 30356 50/1 5841 26-0 from Lower Etiwanda Drainage Fund balance. BACKGROUND/ANALYSIS On December 21, 2005 the Redevelopment Agency awarded the subject contract to Dan Guerra & Associates to provide Preliminary Engineering Design Services for the East Avenue Master Plan Storm Drain. The preliminary design consisted of hydrologic and hydraulic analysis -and the alignment analysis for the extension of the proposed East Avenue MPSD Line 8 southerly across Foothill Boulevard .to connect to the Etiwanda/San Sevaine Channel south of Foothill Boulevard. On October 4, 2006 the Redevelopment Agency approved an amendment to increase the contract amount to the Professional Services- Agreement for Engineering Design Services for the East Avenue Master Plan Storm Drain, to Dan Guerra & Associates. This amendment provided for the design of drainage improvements along East Avenue from Foothill Boulevard to north of Base Line Road, and in Base Line from East Avenue westerly (including joining and modifying existing upstream improvements as needed to intercept flows). Also, these engineering services included preliminary soils investigation, project management, utility coordination, design survey and construction plans and specifications for the installation of storm drain improvements, utility relocation, ancillary roadway reconstruction, and signing and striping. P4 REDEVELOPMENT AGENCY STAFF REPORT Re: Increase to Contract No. 05-031 December 17, 2008 Page 2 of 2 This contract change order provides for the Environmental and Engineering Services in conjunction with coordinating the Nationwide Clean Water Act (CWA) permit with the Army Corps of Engineers (Section 404), Regional Water Quality Control Board (RWQCB, Section 401) and the California Fish and Game (Section 1600). The scope includes filing of the applicable permit application forms with the intent of concluding that specific permits for the project are not required and withdrawal of the application requests. If successful, the RWQCB will likely still have oversight through the CWA Section 402 NPDES Municipal Storm Water ,Permit process (MS4). We anticipate that modifications to the project plans will also be necessary to aid in this evaluation. Respectfully submitted, 9 uer Director of Engineering Services/City Engineer WJO:JAD Attachments: Vicinity Map . P5 CITY OF RANCHO CUCAMONGA COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION ENGINEERING SERVICES CONTRACT CHANGE ORDER ENGINEERING CCO NO.: 2 Account No.: 11263035650/1584126-0 PROJECT: East Avenue Master Plan Storm Drain LIMITS: Foothill to north of Base Line and westerly in Base Line ENGINEER: Dan Guerra and Associates Contract No.: RA OS-031 Purchase Order No:: 050247 NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY ENGINEER. You are hereby requested to comply with the following changes from the Professional Services Agreement for enginering services. Change Requested by: CITY OR ENGINEER DESCRIPTION OF CHANGES DECREASE INCREASE Contact Amount Contract Amount Environmental and Engineering Services for Nationwide $77,500.00 Clean Water Act permit with Army Corps of Engineers (Section 404), Regional Water Quality Control Board (Section 401) and California Dept of Fish and Game (Section 1600) B reason of this order the Contract time for completion will be adusted as follows: 0 da s This document will become a supplement to the Professional Services Agreement and all provisions will apply hereto. Recommended Project Manager, by: Recommended Senior Civil Engineer, by: Approved City Engineer, by: Date: Date: Date: Accepted Engineer, by: Date: This information will be used as record of any changes to the original Engineering Professional Services Agreement. Dan Guerra & Associates P6 CIVIL ENGINEERS ~ LAND SURVEYORS December 1, 2008 10271-B TRADEMARK STREET, RANCHO CUCAMONGA, CALIFORNIA 91730 City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91737 Re: East Avenue MPSD 187-4306 -FAX: (909) 941-1526 info@dgandassoc.com Attn: Romeo David, Associate Engineer/Project Manager Deaz Romeo We have had an opportunity to review your request to provide Environmental and Engineering Services in conjunction with coordinating the Nationwide Clean Water Act permit with the Army Corps of Engineers (Section 404), Regional Water Quality Control Boazd (Section 401) and California Department of Fish and Game (Section 1600). The Scope of Work for the project could include filing of the applicable permit application forms, including Nationwide Permit Document Preconstruction Notification Form (PCN) and Jurisdictional Determination Form (JD) with the intent of concluding that specific permits for the project are not required and withdrawal of the application request is in order. If we aze . successful, RWQCB will likely still have oversight through the CWA Section 402 NPDES Municipal Storm Water Permit process (MS4). We anticipate that modifications to the project plans will also be necessary to aid in this evaluation. We have retained the services of LSA Associates, Inc. to perform the necessary environmental assistance and to supplement our working with the governing Agencies in . obtaining applicable Agencies' approval of the withdrawal of the permit applications. Our fee to provide the services noted is anticipated to be seventy-seven thousand five hundred dollars (577,500), and will be based on the attached "Schedule of Standazd Hourly Rates." P7 City of Rancho Cucamonga Re: East Avenue MPSD December 1, 2008 Page 2 of 2 We appreciate the opportunity to provide these services to you, and will be available should you have any questions or comments. Yours very truly, ~~ Daniel E. Guerra, Principal R.C.E. 29224 DEG:hb Attachments: Dan Guerra & Associates "Schedule of Standazd Hourly Rates" LSA Associates, Inc. "Schedule of Standazd Hourly Rates" Dan Guerra & Associates CIVIL ENGINEERS ~ LAND SURVEYORS 10271-B TRADEMARK STREET, RANCHO CUCAMONC,A. CALIFORNIA 91730 PHONE: (909) 987306 -FAX: (909) 941-1528 Email: info~dgandassoc.cam S'~ a NDA~ ~OL~,T~.~' ~4'?'~ S PRINCIPAL ENGINEER $190.00 per hour PROJECT MANAGER $165.00 per hour DESIGNER/DESIGNER CADD $135.00 per hour DRAFTSMAN/DRAFTSMAN CADD $125.00 per hour TECHNICAL SUPPORT SERVICES $130.00 per hour 1-MAN SURVEY CREW* $190.00 per hour 2-MAN SURVEY CREW * $250.00 per hour 3-MAN SURVEY CREW * $300.00 per hour CLERICAL $ 85.00 per hour CONSTRUCTION SUPPORT SERVICES $130.00 per hour Above rates include mileage, equipment and instruments (exclusive of rentals), use of office space and materials and supplies. Rates are effective through June 30, 2009. Rates exclude use of consultants, equipment rental, blueprinting, photocopying, reproductions, etc., which will be charged at Engineer's cost plus IS% administration, if incurred. Overtime rates will be 50% ereater than those rates listed. Overtime is defined as work in excess of eight (8) hours per day (twelve (12) hours maximum), 40 hours per week and Saturday. Rates for Sunday and Dan Guerra & Associates approved holidays and work in excess of twelve (12) hours per day will be 100% greater than those rates listed. P8 * Rates exclude use of Global Positioning System Equipment. GPS use rates will be added at $75/hour. P9 ~~~ ~®~ittil~~~~ ~l'1Cs 1500 Iowa Avenue, Suite 200 ffiverside, California 92507 (951)781-9310 (phone) (951) 781-4277 (fax) Standard hourly Rates Senior Biologist $115.00 per hour Support Staff $ 95.00 per hour o' VICINITY MAP _ ~___ il- -~~% VILSCdJ AV ANF SF?/iWE _.. li ~_ =y-{ iJ BANYA~ST ~~_ ~t ~ _-_ /' J =_=- w I-210 FREEVAY r ~ ~~ J • u HIGHUAN G AVE. ~y_ ~'~I/~ FISHER DR ~ I~ /ICTOR~-~~ ~ ~ PARK LN \1 I VICTORIA ST. J ~~ FONTANA N S P R R ~ ~ ~~ tt HASE LINE ROAD y ~~~- W all m a J o PKVY a ~ ~ ~ Imo`) i ~.:. u ~ ~ II > Y V m ii ~1 - -- - ~ ----- ~ ~~~R~~-=== PROJECT SITE J C r I~ S ~\ I u w ~, (~j U __ \. Ir T J`1\ ~~ asp I O G i i~ 7 CENTER ~~/ ~~ -~ ~ ~I__ ,'. I ARROV RBUTE ~ ' ^i JERSEY BLVH ~~~ ~ I ~~ ~ rVHITTRAH NVE~ ~ ~ A T 6 S P R R ! STREET I ~~ h STREET - ¢ ~ F I w II~ i 6ih STREET L-_J '~ J ' ~ ~ Q_ V i~ Ith STREET _ - r ~ ~ ~ ~ ~~f ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ n I-10 FREEVAY ONTARIO ~ . CITY OF RANCHO CUCAMONGA ~ ~~~~ ~ ~~~ ~~ EAST AVENUE MASTER PLAN STORM DRAIN ~ N %~+ N.T.S. ~~ STAFF REPORT ~= . ~~~ PUBLIC WORI:S SERVICES DEPARTTvtENT Date: December 17, 2008 RANCHO ~UCAMONGA To: Chairman and Members of the Redevelopment Agency Jack Lam, AICP, City Manager From: Dave Blevins, Public Works Services Director By: Ty Quaintance, Facilities Superintendent Michael Maston, Assistant Engineer' Subject: ACCEPT THE BIDS RECEIVED, AWARD AND AUTHORIZE THE EXECUTION OF A CONTRACT IN THE AMOUNT OF $14,828 TO THE APPARENT LOW BIDDER, ECONO FENCE, INC. OF RIVERSIDE, CALIFORNIA, AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $1,482 FOR THE INSTALLATION AND FABRICATION OF THE EPICENTER HANDRAILS TO BE FUNDED FROM 2646801-5602 (SPORTS COMPLEX CAPITAL IMPROVEMENTS) AND APPROPRIATE $16,310 FROM THE SPORTS COMPLEX CAPITAL IMPROVEMENT FUND BALANCE It is recommended that the Agency accept the bids received, award and authorize the execution of a contract in the amount of $14,828 to the apparent low bidder, Econo Fence, Inc. of Riverside, California, and authorize the expenditure of a 10% contingency in the amount of $1,482 for the installation and fabrication of the Epicenter handrails to be funded from 2646801-5602 (Sports Complex Capital Improvements) and appropriate $16,310 from the Sports Complex Capital Improvement fund balance. BACKGROUND ANALYSIS Bids for the subject project were solicited per previous Agency action and were opened in the office of the City Clerk at 2:00 P.M. on Tuesday, December 2, 2008 (see attached Bid Summary). Staff has reviewed all bid documents and found Econo Fence, Inc. to be the lowest responsive, responsible bidder. The project specifications were bid as a standard Public Works contract for the fabrication, painting and installation of handrails at the Epicenter. The project timeline is designed to provide the least possible impact to the Epicenter and its scheduled activities. Res ectfully Submitt , ave B evens Public Works Services Director P11 DB:TO:mm STAFF REPORT - ENGINEERING SERVICES DEP~1RTbiENT RANCHO C,l7CAMONGA Date: December 17, 2008 To: Chairman and Redevelopment Agency Members Jack Lam, AICP, Executive Director From: Mark Steuer, Director Engineering Services/City Engineer By: Jon Gillespie, Traffic Engineer Subject: APPROVAL OF A RESOLUTION AND A COOPERATIVE AGREEMENT BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF RANCHO CUCAMONGA FOR THE IMPROVEMENT OF THE SOUTHBOUND I-15 FREEWAY OFF-RAMP AT FOOTHILL BOULEVARD, AND APPROPRIATE $1,052,000 TO ACCOUNT NO. 2650-801- 5650/1714650-0 FROM FUND 650 (PUBLIC IMPROVEMENTS-2001 TAB) FUND BALANCE RECOMMENDATION: Staff recommends that the Redevelopment Agency adopt the attached resolution approving the Cooperative Agreement between the State of California and the City bf Rancho Cucamonga, and authorize the City Clerk to attest and the Mayor to sign the agreement, and appropriate $1,052,000 to account No. 2650-801-5650/1714650-0 from Fund 650 (Public Improvements-2001 TAB) fund balance. BACKGROUND/ANALYSIS This project will construct a deceleration lane 1,550 ft in length at the Southbound I-15 Freeway off- ramp at Foothill Boulevard. This project is necessary to improve safety and to prevent traffic exiting the freeway at Foothill Boulevard from backing up from the signal at Foothill Boulevard onto the freeway mainline during peak traffc hours. This project was designed by Caltrans staff, and Caltrans will provide all construction management and inspection needed for the project. The total estimated cost of this project is $2,052,000. However, Caltrans is limited to spending a maximum amount of $1,000,000 in State funds on this project. Therefore, Caltrans has requested financial assistance from the City in the amount of $1,052,000. The terms of the agreement are that the cost of the project will be split 50/50 up to $2,000,000. However, the City must agree to pay 100% of all costs greater than $2,000,000. City staff has reviewed the plans and estimates, and we believe that the cost estimate in the amount of $2,052,000 is reasonable. The plans and, specifications have been completed by Caltrans staff, and the project is ready to advertise as soon as a Cooperative Agreement can be approved by the City. In the opinion of staff, this project will directly benefit the City of Rancho Cucamonga and the Victoria Gardens Shopping Mall. Therefore, we recommend that the Redevelopment Agency support this project by participating in the project cost. If the City should decide not to participate in the funding of this project, the $1,000,000 in Caltrans funds will be returned to the State's General Transportation Fund, and the project will be abandoned. P12 P13 REDEVELOPMENT AGENCY STAFF REPORT SUBJECT: APPROVAL OF A RESOLUTION AND A COOPERATIVE AGREEMENT BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF RANCHO CUCAMONGA FOR THE IMPROVEMENT OF THE SOUTHBOUND I-15 FREEWAY OFF-RAMP AT FOOTHILL BOULEVARD, AND APPROPRIATE $1,052,000 TO ACCOUNT NO. 2650-801-5650/1714650- 0 FROM FUND 650 (PUBLIC IMPROVEMENTS-2001 TAB) FUND BALANCE. December 17, 2008 Page 2 The approval of a resolution, and the execution of a Cooperative Agreement with the State of California is necessary in order for this project to be constructed. The resolution and Cooperative Agreement were reviewed and are acceptable to the City Attorney. Respectfully submitted, Mark Steuer Director Engineering Services/City Engineer Attachments: Vicinity Map Resolution Cooperative Agreement No. 8-1394 0 4 VICINITY MAP ~~ =====J ~ HIGN AN` DAVE, PARK LN R BASE LINE ~~ RGAD ~ ~~ __.._ i~~ ~~ J PKVY a ~ WN ~ ~ U ~ J K ARROV ROUTE hRSEY HLVD. A T i S P R 7th STREET I~ a 4 Z 4 F 6th STREET m y rc ~ Ith 1-10 ~REEVAY ONTARIO „~ ~.• ii ~/ FONTANA PROJECT LOCATION CITY OF RANCHO CUCAMONGA - ~,,. WIDENING OF SOUTHBOUND I-15 FREEWAY OFF-RAMP rj y~f AT FOOTHII,L BOULEVARD N.T.S. n P15 RESOLUTION NO. I~/~ a ~ ~ ~~~ A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A COOPERATIVE AGREEMENT BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF RANCHO CUCAMONGA WHEREAS, the Redevelopment Agency of the City of Rancho Cucamonga has for its consideration a Cooperative Agreement between the State of California and the City of Rancho Cucamonga for the improvement of the Southbound I-15 Freeway off-ramp at Foothill Boulevard; and WHEREAS, the Redevelopment Agency has determined that the project will benefit traffic circulation and safety in the City of Rancho Cucamonga; and WHEREAS, a Cooperative Agreement needs to be executed between the State of California and the City of Rancho Cucamonga in order for the project to be constructed; and WHEREAS, the Redevelopment Agency wishes to delegate authorization to execute this agreement and any amendments thereto to the Mayor. NOW, THEREFORE, the Redevelopment Agency of the City of Rancho Cucamonga, California, hereby resolves that said Cooperative Agreement be hereby approved, and the Mayor is hereby authorized to sign said Cooperative Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. P16 Resolution No. Page 2 of 2 PASSED, APPROVED, AND ADOPTED this 17th day of December 2008. AYES: NOES: ABSENT: ABSTAINED: Donald J. Kurth, M. D., Mayor ATTEST: Janice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the Redevelopment Agency of the City of Rancho Cucamonga, California, at a Regular Meeting of said Redevelopment Agency held on the 17th day of December 2008. Executed this 18'" day of December 2008, at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk P17 08-SBd-15-PM 5.0/5.8 I-15 Southbound/Foothill Blvd. IC Construct Deceleration Lane EA OH790 District Agreement No. 8-1394 CONSTRUCTION COOPERATIVE AGREEMENT This AGREEMENT, entered into effective on , 2008, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE", and the CITY OF RANCHO CUCAMONGA, a body politic and a municipal corporation of the State of California, referred to herein as "CITY." RECITALS STATE and CITY, pursuant to Streets and Highways Code sections 114 and 130, are authorized to enter into a Cooperative Agreement for improvements to the State Highway System (SHS) within CITY's jurisdiction. 2. STATE and CITY contemplate the construction of a deceleration lane by widening the existing Interstate 15 (I-15) southbound mainline for a length of 1550 feet in advance of the exit ramp at Foothill Boulevazd Interchange, referred to herein as "PROJECT." Construction Support cost is defined as the cost that includes STATE's personnel work to Advertise, Awazd, and Administer the construction contract for PROJECT. 4. Construction Capita] cost is defined as the cost that includes the cost to perform the work by the contractor for the awazded construction contract. CITY will fund their portion of construction capital outlay estimated to be one million, fifty-two thousand dollars ($1,052;000). The total PROJECT construction capital cost estimate to be two million, fifty-two thousand dollazs ($2,052,000), as shown on Exhibit A, attached hereto and made a part of this Agreement. If construction capital costs exceed this amount, CITY will pay any cost increases using CITY's local funds. 6. STATE will fund their portion of construction capital outlay for up to and not to exceed the estimated amount of one million dollars ($1,000,000) using STATE's Minor A Program funds. District Agreement.No. 8-1394 Fl 8 If the construction capital outlay is less than two million dollazs ($2,000,000) this cost will be shared at fifty percent (50%) STATE and fifty percent (50%) CITY. STATE, in support of PROJECT construction, will advertise, awazd, and administer the PROJECT construction contract utilizing STATE and consultant personnel to provide a Resident Engineer (and a bridge representative when necessary) and such other construction related engineering, inspection and testing as may be required for satisfactory completion of PROJECT, which construction support activities aze referred to herein as "SERVICES." 9. STATE will fund one hundred percent (100%) of the construction SERVICES/support costs using STATE's Minor A Program funds. STATE will pay for any necessary increases in SERVICES/support costs to complete PROJECT using available funds at that time. 10. The prepazation of Project Approval and Environmental Documentation (PA&ED), Plans, Specifications, and Estimates (PS&E) and Right of Way were performed by STATE. 11. The terms of this Agreement shall supersede any inconsistent terms of any prior Memorandum of Understanding (MOU) or agreement relating to PROJECT. 12. The parties now define herein below the teens and conditions under which PROJECT is to be owned, constructed, financed, and maintained. SECTION I STATE AGREES: To.provide SERVICES at STATE's expense. 2. To complete all work for SERVICES/support for PROJECT at no cost to CITY using STATE's Minor A Program funds. Said PROJECT SERVICES cost shall include costs of providing personnel resources and their equipment and all direct and indirect costs (functional and administrative overhead assessment) attributable to PROJECT SERVICES applied in accordance with STATE's standard accounting practices and procedures. The actual cost of PROJECT SERVICES shall be determined only after completion of all work, the closure of all claims, and upon final accounting of all costs for PROJECT. STATE shall be responsible for additional.cost increases for SERVICES/support for PROJECT using then available funds. STATE will fund their portion of construction capital outlay including any additional costs incurred per Article 17, Section III for up to and not to exceed amount of $1,000;000 using STATE's Minor A Program funds. 2 District Agreement No. 8-1394 Pl 9 4. To provide quality assurance activities at no cost to CITY.. To have PROJECT constructed by contract in accordance with Plans, Specifications, and Estimates (PS&E) prepazed by STATE. To provide, if applicable, at STATE's cost, any "State-famished material." To submit to CITY, an invoice for a deposit in the amount of $1,052,000 fifteen (15) days prior to STATE's bid advertising date for a contract to construct PROJECT. Said billing represents CITY's shaze of the total estimated cost of construction capital for PROJECT. CITY shat] be responsible for any capital cost increases for PROJECT using CITY's local funds. 8. To submit a quarterly construction progress report to CITY which describes the work performed and completed during the reporting period with pertinent contract data such as change orders issued, cumulative costs of change orders, progress payments made (reported in dollars), and percentage progress achieved to date, all in accordance with STATE's standazd accounting practices. 9. To allow on the site of PROJECT, at no cost to STATE, a field site representative of CITY, who is a qualified licensed civil engineer in the State of California, to represent CITY during the construction of PROJECT. 10. To consult with CITY on all change orders for PROJECT with an estimated cost over $ 50,000 before implementation, except when the safety of motorists and/or pedestrians or the protection of property requires the immediate issuance of that change order. 11. Upon completion of PROJECT and all work incidental thereto, to fiunish=GITY with a detailed statement of the total actual capital costs of construction for PROJECT, including the costs of any claims related to the construction contract which have been allowed to the construction contractor pursuant to the construction contract administrative claims process or azbitration and all claims-related defense costs incurred by STATE for which CITY is responsible pursuant to the terms of this Agreement. STATE thereafter shall refund to CITY promptly after completion of STATE's final accounting of costs for PROJECT any amount of CITY's deposit remaining after actual capital costs to be borne by CITY have been deducted or STATE shall invoice CITY for any additional amounts required to complete Cl'TY's financial obligations assumed pursuant to this Agreement. District Agreement No. 8-1394 SECTION II CITY AGREES: To beaz a portion of the total actual PROJECT capital construction costs, estimated to be $2,052,000. The actual construction costs of PROJECT shall be determined only after completion of all work, the closure of all claims, and upon final accounting of all costs for PROJECT. CITY shall be responsible for any capital cost increases for PROJECT using CITY's local funds. 2. To deposit with STATE within twenty five (25) days of receipt of billing therefore (which billing will be forwarded fifteen (15) days prior to STATE's bid advertising date of a construction contract for PROJECT), the amount of $1,052,000, which figure represents CITY's share of the estimated cost of construction capital for PROJECT. 3. To pay STATE any amount over the aforementioned construction capital payments required to complete CITY's financial obligation assumed pursuant to this Agreement after completion of all work and within twenty five (25) working days after receipt of a detailed statement made upon final accounting of costs. 4. Upon execution of this Agreement, to certify that funds aze budgeted for the total PROJECT cost. 5. STATE's construction contract claims process will be used for all PROJECT-related claims by the construction contractor (with STATE acting as the lead agency in consultation with CITY) and CITY shall abide by the outcome of said process. In the event that azbitration under the provisions of Public Contract Code section 10240 et seq. results from that contract claims process, STATE will act as lead agency in said azbitration unless otherwise mutually agreed to by STATE and CITY. 6. Upon completion of work under this Agreement, CITY will assume maintenance and the expense thereof for any part of PROJECT located outside of the current SHS right of way until acceptance of any such part of PROJECT into the SHS by STATE, approval by the Federal Highway Administration, if required, and conveyance of acceptable title to STATE. SECTION III IT IS MUTUALLY AGREED: P20 All obligations of STATE under the terms of this Agreement aze subject to the appropriation of resources by the Legislature, State Budget Act authority, and the allocation of funds by the California Transportation Commission (CTC). P21 District Agreement Nb. 8-1394 2. Should any portion of PROJECT be financed with Federal funds or State gas tax funds, all applicable laws, rules, and policies relating to the use of such funds shall apply notwithstanding any other provision of this Agreement to the contrary. 3. Any change to parties' PROJECT costs and responsibilities shall be covered by an amendment to this Agreement. STATE may be required to stop work on PROJECT until additional funding is secured and/or to restore the site of PROJECT to a condition of safe operation, using any then unexpended funds for PROJECT, if additional funds aze not made available for PROJECT. 4. If, during performance of PROJECT construction, new information is obtained which requires additional environmental documentation to comply with the California Environmental Quality Act (CEQA) and if applicable, the National Environmental Policy Act (NEPA), this Agreement will be amended to include completion of those additional tasks. 5. STATE shall not advertise for bids for a contract to construct PROJECT until after this Agreement is fully executed. 6. Prior to advertising for bids for the construction contract for PROJECT, CITY may terminate this Agreement in writing, provided that CITY pays STATE for all already incurred and all unavoidable PROJECT costs incurred prior to termination of PROJECT incurred by STATE under the terms of this Agreement. If, upon opening of bids for the construction contract for PROJECT, the lowest responsible bid is not more than ten percent (10%) over the Engineers Estimate, STATE and CITY may conduct a joint review of the bids immediately following opening of bids and prior to submittal of STATE's District 08 letter of recommendation to awazd to STATE's Office Engineer in Sacramento, if so requested by CITY. After the joint review, and within the time allowed for award, STATE may then awazd the construction contract for PROJECT. 8. If upon review of the aforementioned bids, CITY, by written notice to STATE's District 08 Office, elects to not proceed with PROJECT, thereby causing STATE to reject all bids, CITY agrees to pay STATE for all of STATE's already incurred and all unavoidable costs related to termination of PROJECT incurred by STATE, including all documented legal costs and damages resulting from rejection of all PROJECT bids. 9. If, upon opening of bids for the contract to construct PROJECT, it is found that the lowest responsible bid exceeds the Engineer's Estimate by more than ten percent (10%), STATE and CITY shall consult upon a course of action. If, after fifteen (15) days, a course of action is not ageed upon, this Agreement shall be deemed to be terminated by mutual consent. Any advance provided pursuant to this Agreement shall be refunded in full. District Agreement No. 8-1394 P22 ] 0. If termination of this Agreement is by mutual consent, STATE will beaz one hundred percent (100%) of all PROJECT-related support costs intoned by STATE pursuant to this Agreement and CITY will beaz one hundred percent (100%) of all PROJECT related capital costs incurred pursuant to this Agreement. 11. After awazd of the construction contract for PROJECT, should CITY, after a request by STATE, not fulfill its funding commitments, STATE shall ensure that all operating roadways are in a safe and satisfactory permanent operating condition and then shall cease work on PROJECT. Costs incurred by STATE pursuant to this Agreement in excess of payment made by CITY will be billed to CITY and aze subject to payment by CITY within thirty (30) days or STATE, acting through the State Controller, may withhold an equal amount from future apportionments due CITY from the Highway User Tax Fund or other fund source. 12. STATE agrees to obtain, as a PROJECT cost, all necessary PROJECT permits agreements, and/or approvals from appropriate regulatory agencies, unless the parties otherwise mutually agree in writing. 13. STATE shall be fully responsible for complying with and implementing any and all environmental commitments set forth in the environmental documentation, permit(s), agreement(s), and/or approvals for PROJECT. The costs of said compliance and implementation shall be aPROJECT-related support cost. 14. If there is a legal challenge to the environmental documentation, including investigative studies and/or technical environmental report(s), permit(s), agreement(s), and/or approval(s) for PROJECT, all legal costs associated with those said legal challenges shall be a PROJECT cost. 15. All administrative reports; studies, materials, and documentation, including, but not limited to, all administrative drafts and administrative finals, relied upon, produced, created or utilized for PROJECT will be held in confidence pursuant to Government Code section 6254.5(e). The parties agree that said material will not be distributed, released or shazed with any other organization, person or group other than the parties' employees, agents and consultants whose work requires that access without the prior written approval of the party with the authority to authorize said release and except as required or authorized by statute or pursuant to the terms of this Agreement. 16. During PROJECT construction, representatives of CITY and STATE will cooperate and consult with each other to assure that all PROJECT work is accomplished according to the PROJECT PS&E and STATE's then applicable policies, procedures, standards, and practices. 17. In the event that STATE proposes and/or requires a change in design standards, implementation of those new or revised design standards shall be done in accordance with STATE's Highway Design Manual, Section 82.5, "Effective Date for Implementing Revisions to Design Standards." STATE shall consult with CITY in a District Agreement No. 8-1394 P23 timely manner regazding the effect of proposed and/or required PROJECT changes. If the PROJECT change results in a significant cost increase that is unacceptable to the CITY, and the PROJECT change is necessazy due to unforeseen circumstances, the CITY may terminate this Agreement at no cost. 18. If unknown existing public and/or private utility facilities are discovered during PROJECT construction, or if there is a significant change required in any approved utility relocation plan, the provisions of STATE's current Standazd Specifications Section 8-1.10 (Utilities and Non-Highways Facilities) shall apply. STATE will make all necessary arrangements with the owners of such facilities for the protection, relocation, or removal of the discovered utility facilities in accordance with STATE's policy and procedure for those facilities located within the limits of work providing for the improvement to the State highway and in accordance with CITY's policy for those facilities located outside of the limits of work for the improvement to the State highway. The cost of the protection, relocation, or removal shall be apportioned between the owner of the utility facility and CITY for those facilities outside SHS right of way and STATE for those facilities within SHS right of way, in accordance with STATE's policy and procedure. STATE shall require any utility owner performing relocation work in the State highway right of way to obtain an encroachment permit from STATE prior to the performance of said relocation work. The requirements of the most current version of STATE's "Policy on High and Low Risk Underground Facilities within Highway Rights of Way" shall be fully complied with. Any relocated or new facilities shall be correctly shown and identified on the "As-Built" plans for PROJECT. 19. If unanticipated cultural, archaeological, paleontological or other protected materials aze encountered during construction of PROJECT, STATE shall stop work in that azea until a qualified professional can evaluate the nature and significance of the find and a plan is approved for the removal or protection of that material. 20. The party that discovers hazardous materials (HM) will immediately notify the other party(ies) to this Agreement. HM-1 is defined as hazazdous material (including but not limited to hazazdous waste) that requires removal and disposal pursuant to federal or state law, whether it is disturbed by PROJECT or not. HM-2 is defined as hazazdous material (including but not limited to hazazdous waste) that may require removal and disposal pursuant to federal or state law, only if disturbed by PROJECT. 21. STATE, independent of PROJECT, is responsible for any HM-] found within existing SHS right of way. STATE will undertake HM-1 management activities with minimum impact to PROJECTschedule and will pay all costs for HM-1 management activities. District Agreement No. 8-1394 P24 CITY, independent of PROJECT, is responsible for any HM-1 found outside existing SHS right of way. CITY will undertake HM-1 management activities with minimum impact to PROJECT schedule and will pay all costs for HM-1 management activities. 22. If HM-2 is found within the limits of PROJECT, the public agency responsible for advertisement, award, and administration (AAA) of the PROJECT construction contract will be responsible for HM-2 management activities. Any management activity cost related to HM-2 is a PROJECT construction cost. 23. Management activities related to either HM-1 or HM-2 include, without limitation, any necessary manifest requirements and designation of disposal facility. 24. STATE's acquisition or acceptance of title to any property on which any hazazdous material is found will proceed in accordance with STATE's policy on such acquisition. 25. Additional costs arising out of any or all of the situations described in Articles 18 through 24 above of this Section III shall be borne by CITY and STATE in accordance with said Articles, as part of the PROJECT capital construction costs and any additional construction support costs will be borne by STATE. STATE contribution however, shall be limited to the amount as determined by Article 3, Section I. STATE may be required to stop work on PROJECT until additional funding is provided by CITY or the PROJECT site will be restored to a condition of safe operation using then unexpended funds for PROJECT if those additional furids are not made available for PROJECT. 26. Upon PROJECT completion and acceptance, subject to the approval of STATE, STATE will operate and maintain those PROJECT facilities constructed within SHS right of way (excepting CITY encroachments) at STATE's cost. 27. Upon satisfactory completion of all PROJECT work under this Agreement, as determined by STATE, actual ownership and title to materials, equipment, and appurtenances installed within the operating SHS right of way for SHS operations will be vested in STATE, and materials, equipment, and appurtenances installed for non- SHS operations both inside (overcrossings and underpasses for local traffic) and outside of the SHS right of way will automatically be deemed to be under the control and maintenance shall not be with the STATE but with CITY or an appropriate third party as determined by CITY. 28. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not a party to this Agreement or to affect the legal liability of either party to the Agreement by imposing any standazd of caze with respect to the development, design, construction, operation, or maintenance of the SHS and public facilities different from the standazd of care imposed by law. District Agreement No. 8-1394 P25 29. Neither STATE nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority, or jurisdiction conferred upon CITY or arising under this Agreement. It is understood and agreed that, CITY will fully defend, indemnify, and save harmless STATE and all of its officers and employees from all claims, suits, or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 30. Neither CITY nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority, or jurisdiction conferred upon STATE or arising under this Agreement. It is understood and agreed that, STATE will fully defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement. 31. Prior to the commencement of any construction activity within the SHS right of way, either STATE or CITY may terminate this Agreement by written notice to the other party pursuant to Article 10 of this Section III. 32. No alteration or variation of the terms of this Agreement shall be valid unless made by a formal amendment executed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any ofthe parties hereto. 33. This Ageement shall terminate upon the satisfactory completion of all post-PROJECT construction obligations and the delivery of required PROJECT construction documents, with concurrence of STATE, or on December 31, 2014, whichever is earlier in time, except that the ownership, operation, maintenance, indemnification, environmental commitments, legal challenges, and claims articles shall remain in effect until terminated or modified, in writing, by mutual agreement. Should any construction-related or other claims arisirig'out of PROJECT be asserted against one of the parties, the parties agree to extend the fixed termination date of this Agreement, until such time as the construction related claims are settled, dismissed or paid. SIGNATURES ARE ON THE FOLLOWING SINGLE PAGE. 9 District Agreement No. 8-1394 F26 STATE OF CALIFORNIA CITY OF RANCHO CUCAMONGA DEPARTMENT OF TRANSPORTATION WILL KEMPTON Director By: DONALD J. KURTH, M.D. Mayor By: RAYMOND W. WOLFE, PhD District Director Attest: City Clerk APPROVED AS TO FORM AND PROCEDURE: By: Attorney, Department of Transportation CERTIFIED AS TO FUNDS: By: District Budget Manager CERTIFIED AS TO FINANCIAL TERMS AND POLICIES: By: Accounting Administrator 10 District Agreement No. 8-1394 P27 EXHIBIT A PHASE OF STATE TYPE OF TYPE OF TOTAL R'ORK FUNDS CITY FUNDS Construction Support $100% Minor A 0% $100% (SERVICES) Construction Capital $1,000,000 MinorA $1,052,000 Local Funds $2,052,000 TOTAL $1,000,000 $1,052,000 $2,052,000 11 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AEenda Check Register 11/26/2008 through 12/9/2008 Check No. Check Date Vendor Name Amount AP - 00276173 12/3/2008 AIRGAS WEST 304.23 AP - 00276190 12/3/2008 BASTIAN, DAVID 35.51 AP - 00276205 12/3/2008 CARQUEST AUTO PARTS 67.86 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 136.35 AP - 00276237 12/3/2008 EMCOR SERVICE 1,165.00 AP - 00276241 12/3/2008 EMPLOYMENT SOLUTIONS 210.00 AP - 00276241 12/3/2008 EMPLOYMENT SOLUTIONS 280.00 AP - 00276256 12/3/2008 G AND M BUSINESS INTERIORS 708.07 AP - 00276259 12/3/2008 GENERAL SERVICES ADMIN. 630.72 AP - 00276259 12/3/2008 GENERAL SERVICES ADMIN. 1,521.50 AP - 00276267 12/3/2008 HOSE MAN INC 8.45 AP - 00276268 12/3/2008 HOYT LUMBER CO., SM 22.28 AP - 00276268 12/3/2008 HOYT LUMBER CO, SM 8.67 AP - 00276268 12/3/2008 HOYT LUMBER CO, SM 3.86 AP - 00276268 12/3/2008 HOYT LUMBER CO., SM 5.81 AP - 00276272 12/3/2008 ID INDUSTRIES 862.00 AP - 00276275 12/3/2008 INLAND EMPIRE DRIVE LINE 150.53 AP - 00276289 12/3/2008 KME FIRE APPARATUS 83.27 AP - 00276296 12/3/2008 LIFE ASSIST INC 1,061.56 AP - 00276301 12/3/2008 LN CURTIS AND SONS 210.65 AP - 00276301 12/3/2008 LN CURTIS AND SONS 377.13 AP - 00276302 12/3/2008 MANTEK 254.18 AP - 00276316 12/3/2008 OFFICE DEPOT -41.83 AP - 00276316 12/3/2008 OFFICE DEPOT 53.01 AP - 00276316 12/3/2008 OFFICE DEPOT 322.60 AP - 00276316 12/3/2008 OFFICE DEPOT 47.71 'AP - 00276319 ~ 12/3/2008 OWEN ELECTRIC INC 186.34 AP - 00276319 12/3/2008 OWEN ELECTRIC INC 185.87 AP - 00276319 12/3/2008 OWEN ELECTRIC INC 70.89 AP - 00276319 12/3/2008 OWEN ELECTRIC INC 25.45 AP - 00276320 12/3/2008 PANE, PAMELA 645.98 AP - 00276322 12/3/2008 PATTON SALES CORP 208.82 AP - 00276335 12/3/2008 RESCUE RESPONSE GEAR LLC 2,773.66 AP - 00276337 12/3/2008 RICHARDS WATSON AND GERSHON 861.00 AP - 00276348 12/3/2008 SC FUELS 981.84 AP - 00276348 12/3/2008 SC FUELS 589.10 AP - 00276348 12/3/2008 SC FUELS 4,516.47 AP - 00276353 12/3/2008 SO CALIF GAS COMPANY 13.76 AP - 00276353 12/3/2008 SO CALIF GAS COMPANY 101.18 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 505.62 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 1,024.66 AP - 00276358 12/3/2008 SOUTHERN' CALIFORNIA EDISON 1,669.17 AP - 00276369 12/3/2008 SUNSET PRINTING AND ADV SPEC CO 1,325.57 AP - 00276374 12/3/2008 TERMINIX PROCESSING CENTER 37.00 AP - 00276374 12/3/2008 TERMINIX PROCESSING CENTER 37.00 AP.- 00276376 12/3/2008 TOLL, RICHARD 96.96 AP - 00276394 12/3/2008 VERIZON WIRELESS - LA 11.43 AP - 00276395 12/3/2008 VERIZON WIRELESS - LA 774.56 AP - 00276395 12/3/2008 VERIZON WIRELESS - LA 61.03 AP - 00276395 12/3/2008 VERIZON WIRELESS - LA 91.54 AP - 00276395 12/3/2008 VERIZON WIRELESS - LA 722.85 AP - 00276395 12/3/2008 VERIZON WIRELESS - LA 80.28 AP - 00276395 12/3/2008 VERIZON WIRELESS - LA 82.26 AP - 00276395 12/3/2008 VERIZON WIRELESS - LA 122.67 P28 User: VLOPEZ -Veronica Lopez Page: 1 Current Date: 12/11/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 08:]7:5 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 11/26/2008 through 12/9/2008 . Check No. Check Dale Vendor Name AP - 00276395 12/3/2008 VERIZON WIRELESS - LA AP - 00276396 12/3/2008 VERIZON AP - 00276396 ]2/3/2008 VERIZON AP - 00276396 12/3/2008 VERIZON AP - 00276396 12/3/2008 VERIZON AP - 00276396 12/3/2008 VERIZON AP - 00276396 12/3/2008 VERIZON AP - 00276396 12/3/2008 VERIZON AP - 00276401 12/3/2008 WAXIE SANITARY SUPPLY AP - 00276401 12/3/2008 WAXIE SANITARY SUPPLY AP - 00276401 12/3/2008 WAXIE SANITARY SUPPLY AP - 00276401 12/3/2008 WAXIE SANITARY SUPPLY AP - 00276401 12/3/2008 WAXIE SANITARY SUPPLY AP - 00276401 12/3/2008 WAXIE SANITARY SUPPLY AP - 00276401 12/3/2008 WAXIE SANITARY SUPPLY AP - 00276412 12/3/2008 XEROX CORPORATION Amount 156.72 468.08 468.08 468.08 468.08 33.54 33.54 42.72 80.31 48.31 64.00 144.93 112.94 80.31 96.62 198.27 Total for Check ID AP: 29,256.61 Total Cor Entity: 29,256.61 P29 User: VLOPEZ -Veronica Lopez Page: 2 Current Date: 12/11/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: O8: ] 7:5 STAFF REPORT RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Date: December 17, 2008 To: President and Members of the Board of Directors Jack Lam, AICP, City Manager From: Peter M. Bryan, Fire Chief By: Janet Walker, Management Analyst II \~ y ~' ~ RANCHO GUCAI`90NGA Subject: ADOPTION OF A RESOLUTION DECLARING RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 08-1 (CRE7, LLC -APN 0208-101-22, 23, 24 & 25) RECOMMENDATION Consideration of approval of a resolution declaring results of a special election in Community Facilities District No. 85-1, Annexation No. 08-1 (a proposal to demolish two (2) commercial buildings and construct a 13,969 sq.ft. commercial/grocery building at the northeast corner of Foothill Blvd and Vineyard Ave.. BACKGROUND On October 1, 2008, the Board declared its intention to annex APN: 0208-101-22, 23, 24 & 25 into CFD No. 85-1. On November 5, 2008, a public hearing was held regarding the annexation and called for a special election. A special election was scheduled for November 12, 2008, after the adoption of the resolution declaring the annexation. On November 12, 2008, the landowner submitted their ballot to the Board Secretary. The Board Secretary has canvassed the ballot and completed the statement of votes cast (see Exhibit "A" of Resolution). The Landowner cast their vote unanimously in favor of the levy of the special tax in the Annexed Territory. Adoption of this resolution constitutes the formal action of the Board declaring the results of the election and directs the recordation of an amendment to the existing Notice of Special Tax Lien. By recordation of this amendment, prospective purchasers of property within the Annexed Territory will have notice of the special tax obligation affecting such property. Resp ctfully submitted, Peter . Bry Fire Chief P30 Attachment P31 RESOLUTION NO. FD 08- 03 7 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 08-1 WHEREAS, the Board of Directors (the "Board") of the Rancho Cucamdnga Fire Protection District, California, has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof. The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the"District"); and, WHEREAS, the area proposed to be annexed is known and designated as COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. OS-1 ("Annexed Territory"), and, WHEREAS, the Board did call for and order to be held an election to submit to the qualified voters of the Annexed Territory a proposition to levy a special tax in the Annexed Territory; and, WHEREAS, at this time said election has been held and the measure voted upon did receive the favorable 2/3's vote of the qualified voters, and the Board desires to declare the favorable results of the election. NOW, THEREFORE, the Board of Directors of.the Rancho Cucamonga Fire Protection District does hereby resolve as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The Board hereby receives and approves the CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the Election Official, said Statement setting forth the number of votes case in the election, the measure voted upon, and the number of votes given for and/or against the measure voted upon. A copy of said Certificate and Statement is attached hereto marked Exhibit "A", referenced and so incorporated. SECTION 3. The Secretary is hereby directed to enter in the minutes of this meeting the results of the election and the STATEMENT OF VOTES CAST. SECTION 4. The Board hereby further determines that the Board is now authorized to levy the special taxes within the Annexed Territory as approved and authorized by the qualified electors of the Annexed Territory. SECTION 5. Immediately upon adoption of this Resolution, the AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) shall be recorded in the Office of the County Recorder. . P32 PASSED, APPROVED AND ADOPTED this day of , 2008. AYES: NOES: ABSENT: ABSTAINED: Donald J. Kurth, M.D., President ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a regular meeting of said Board held on the day of 2008. Executed this day of 2008, at Rancho Cucamonga, California. Janice C. Reynolds, Secretary P33 CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF~VOTES CAST STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO )SS RANCHO CUCAMONGA FIRE PROTECTION DISTRICT ) THE UNDERSIGNED, AS ELECTION OFFICIAL OF THE RANCHO CUCAMONGA FII2E PROTECTION DISTRICT, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DO HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and the Elections Code of the State of California, I did canvass the returns of die votes cast at the: RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 85-1 ANNEXATION NO. 08-1 SPECIAL ELECTION In said Fire Protection District held on November 12, 2008 I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes case in said District, and the whole number of votes cast for the Measure in said District, and the totals of the respective columns and the totals as shown for the Measure are full, true and correct. TOTAL NUMBER OF VOTES CAST: ~~ iI. TOTAL NUMBER OF VOTES FOR FOR AND AGAINST PROPOSITION A AGAINST r WITNESS my hand and official Seal this ~~day of N~-1~. , X008. ,~„ ~I',~i ., Election dfficial Rancho Cucamonga Fire Protection District State of California CITY OF RANCHO CUCAMONGA A:renda Check Register 11/26/2008 through 12/9/2008 Check No. Check Date Vendor Name Amount AP - 00276166 12/3/2008 A AND R TIRE SERVICE 73.39 AP - 00276166 12/3/2008 A AND R TIRE SERVICE 634.68 AP - 00276167 12/3/2008 AAVCO 269.00 AP - 00276168 12/3/2008 ABC LOCKSMITHS 133.18 AP - 00276168 12/3/2008 ABC LOCKSMITHS 480.00 AP - 00276168 12/3/2008 ABC LOCKSMITHS 335.28 AP - 00276168 12/3/2008 ABC LOCKSMITHS 113.17 AP - 00276168 12/3/2008 ABC LOCKSMITHS 168.61 AP - 00276168 12/3/2008 ABC LOCKSMITHS 253.04 AP - 00276168 12)3/2008 ABC LOCKSMITHS 138.00 AP - 00276168 12/3/2008 ABC LOCKSMITHS 194.00 AP - 00276168 12/3/2008 ABC LOCKSMITHS 109.00 AP - 00276168 12/3/2008 ABC LOCKSMITHS 304.00 AP - 00276168 12/3/2008 ABC LOCKSMITHS 304.00 AP - 00276169 12/3/2008 ACCOMODATING IDEAS INC. 343.43 AP - 00276170 12/3/2008 ADVANCED AUTO TECH 517.45 AP - 00276172 12/3/2008 AEI-CASC ENGINEERING INC. 3,735.00 AP - 00276174 12/3/2008 ALL CITIES TOOLS 49.57 AP - 00276175 12/3/2008 ALL WELDING 937.50 AP - 00276176 12/3/2008 ALTA FIRE EQUIPMENT CO 53.88 AP - 00276177 12/3/2008 AMERICAN LIBRARY ASSOCIATION 32.00 AP - 00276178 12/3/2008 AMTECH ELEVATOR SERVICES 233.71 AP - 00276179 12/3/2008 ANIMAL CARE EQUIPMENT AND SERVICES (A( 5.08 AP - 00276180 12/3/2008 ANTECH DIAGNOSTICS 921.39 AP - 00276181 12/3/2008 ANTHEM BLUE CROSS OF CALIFORNIA 160,078.51 AP - 00276182 12/3/2008 APACHE TRAILER INC 1,436.13 AP - 00276183 12/3/2008 ARROW TRAILER SUPPLIES INC 150.74 AP - 00276184 .12/3/2008 ARROW TRUCK BODIES AND EQUIPMENT INC 2,465.32 AP - 00276185 12/3/2008 ASCE CONTRVIJING EDUCATION/MEMBERSHIP 250.00 AP - 00276186 12/3/2008 AUFBAU CORPORATION 15,300.00 AP - 00276187 12/3/2008 AUTO SPECIALISTS ~ 63.21 AP - 00276188 12/3/2008 B AND K ELECTRIC WHOLESALE 37.07 AP - 00276188 12/3/2008 B AND K ELECTRIC WHOLESALE 233.28 AP - 00276188 12/3/2008 B AND K ELECTRIC WHOLESALE 561.92 AP - 00276188 12/3/2008 B AND K ELECTRIC WHOLESALE 3,404.21 AP - 00276188 12/3/2008 B AND K ELECTRIC WHOLESALE 280.93 AP - 00276188 12/3/2008 B AND K ELECTRIC WHOLESALE 1,141.59 AP - 00276189 12/3/2008 BARNES AND NOBLE 46.29 AP - 00276189 12/3/2008 BARNES AND NOBLE 303.66 AP - 00276189 12/3/2008 BARNES AND NOBLE 789.16 AP - 00276191 12/3/2008 BAYER HEALTHCARE LLC 372.98 AP - 00276193 12/3/2008 BH SKATING PARKS INTERNATIONAL 11,250.00 AP - 00276194 12/3/2008 BLINDS ETC. 532.94 AP - 00276195 12/3/2008 BORDERS GROUP SAVINGS & SERVICES 582.00 AP - 00276195 12/3/2008 BORDERS GROUP SAVINGS & SERVICES 7.95 AP - 00276195 12/3/2008 BORDERS GROUP SAVINGS & SERVICES 42.73 AP - 00276195 12/3/2008 BORDERS GROUP SAVINGS & SERVICES 42.73 AP - 00276195 12/3/2008 BORDERS GROUP SAVINGS & SERVICES -7.38 AP - 00276195 12/3/2008 BORDERS GROUP SAVINGS & SERVICES -415.16 AP - 00276200 12/3/2008 BRODART BOOKS 42.57 AP - 00276200 12/3/2008 BRODART BOOKS 8.52 AP - 00276200 12/3/2008 BRODART BOOKS 8.51 AP - 00276200 12/3/2008 BRODART BOOKS 85.12 AP - 00276200 12/3/2008 BRODART BOOKS 72.37 P34 User: VLOPEZ -Veronica Lopez Page: 1 Current Date: 12/11/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 08:03:2 CITY OF RANCHO CUCAMONGA P35 Aeenda Check Register 11/26/2008 through 12/9/2008 Check No. Check Date Vendor Name Amount AP - 00276200 12/3/2008 BRODART BOOKS 6.42 AP - 00276200 12/3/2008 BRODART BOOKS 4.26 AP - 00276200 12/3/2008 BRODART BOOKS 8.52 AP - 00276200 12/3/2008 BRODART BOOKS 8.52 AP - 00276200 12/3/2008 BRODART BOOKS 6.42 AP - 00276200 12/3/2008 BRODART BOOKS 4.26 AP - 00276200 12/3/2008 BRODART BOOKS 10.68 AP - 00276200 12/3/2008 BRODART BOOKS 14.94 AP - 00276200 12/3/2008 BRODART BOOKS 36.36 AP - 00276200 12/3/2008 BRODART BOOKS 158.18 AP - 00276200 12/3/2008 BRODART BOOKS 19.30 AP - 00276200 12/3/2008 BRODART BOOKS 4.26 AP - 00276200 12/3/2008 BRODART BOOKS 6.42 AP - 00276200 12/3/2008 BRODART BOOKS 12.78 AP - 00276200 12/3/2008 BRODART BOOKS 4.26 AP - 00276200 12/3/2008 BRODART BOOKS 4.26 AP - 00276200 12/3/2008 BRODART BOOKS 4.26 AP - 00276200 12/3/2008 BRODART BOOKS 12.78 AP - 00276200 12/3/2008 BRODART BOOKS 426 AP - 00276200 12/3/2008 BRODART BOOKS 21.46 AP - 00276200 12/3/2008 BRODART BOOKS 81.00 AP - 00276200 12/3/2008 BRODART BOOKS 4.26 AP - 00276200 12/3/2008 BRODART BOOKS 6.42 AP - 00276200 12/3/2008 BRODART BOOKS 4.26 AP - 00276200 12/3/2008 BRODART BOOKS 8.52 AP - 00276200 12/3/2008 BRODART BOOKS 12.84 AP - 00276200 12/3/2008 BRODART BOOKS 21.36 AP - 00276200 12/3/2008 BRODART BOOKS 4.26 AP - 00276200 12/3/2008 BRODART BOOKS 6.42 AP - 00276200 12/3/2008 BRODART BOOKS 6.42 AP - 00276200 12/3/2008 BRODART BOOKS 8.52 AP - 00276200 12/3/2008 BRODART BOOKS 60.41 AP - 00276200 12/3/2008 BRODART BOOKS 280.82 AP - 00276200 12/3/2008 BRODART BOOKS 249.19 AP - 00276200 12/3/2008 BRODART BOOKS 15.86 AP - 00276200 12/3/2008 BRODART BOOKS 25.74 AP - 00276200 12/3/2008 BRODART BOOKS 17.93 AP - 00276200 12/3/2008 BRODART BOOKS 27.96 AP - 00276200 12/3/2008 BRODAR"T BOOKS 56.57 AP - 00276200 12/3/2008 BRODART BOOKS 26.14 AP - 00276200 12/3/2008 BRODART BOOKS 31.31 AP - 00276200 12/3/2008 BRODART BOOKS 14.54 AP - 00276200 12/3/2008 BRODART BOOKS 14.54 AP - 00276200 12/3/2008 BRODART BOOKS 53.87 AP - 00276200 12/3/2008 BRODART BOOKS 49.41 AP - 00276200 12/3/2008 BRODART BOOKS 11.17 AP - 00276200 12/3/2008 BRODART BOOKS 24.20 AP - 00276200 12/3/2008 BRODART BOOKS 14.50 AP - 00276200 12/3/2008 BRODART BOOKS 416.98 AP - 00276200 12/3/2008 BRODART BOOKS 105.79 AP - 00276200 12/3/2008 BRODART BOOKS 55.55 AP - 00276200 12/3/2008 BRODART BOOKS ] 05.28 AP - 00276200 12/3/2008 BRODART BOOKS 15.88 AP - 00276200 12/3/2008 BRODART BOOKS 58.09 User: VLOPEZ -Veronica Lopez Page: 2 Current Date: 12/11/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 08:03:2 CITY OF RANCHO CUCAMONGA AEenda Check Register 11/26/2008 through 12/9/2008 Check No. Check Date Vendor Name AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 . BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS AP - 00276200 ] 2/3/2008 BRODART BOOKS AP - 00276200 ] 2/3/2008 BRODART BOOKS AP - 00276200 12/3/2008 BRODART BOOKS P36 Amount 9.51 12.33 120.27 40.64 4.26 6.42 18.38 15.04 242.28 43.58 135.29 10.68 222.69 26.17 25.21 32.92 160.18 232.82 269.18 108.92 29.OS 49.18 21.46 70.74 66.28 146.19 47.02 59.92 113.26 390.29 79.46 36.50 8.25 166.72 6.3 S 87.22 137.OS 76.SS 123.21 60.99 19.58 17.44 107.87 17.41 12.OS 15.04 64.08 6.42 4.26 6.42 4.26 42.66 6.42 21.30 User: VLOPEZ -Veronica Lopez Pagc: 3 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Curren[ Date: 12/11/200 Time: 08:03:2 CITY OF RANCHO CUCAMONGA P37 Agenda Check Resister 11/26/2008 through 12/9/2008 Check No. Check Date Vendor Name Amount AP - 00276200 12/3/2008 BRODART BOOKS 17.10 AP - 00276200 12/3/2008 BRODART BOOKS 4.26 AP - 00276200 12/3/2008 BRODART BOOKS 291.19 AP - 00276200 12/3/2008 BRODART BOOKS 21.29 AP - 00276200 12/3/2008 BRODART BOOKS 938.1 S AP - 00276200 12/3/2008 BRODART BOOKS 263.20 AP - 00276200 12/3/2008 BRODART BOOKS 15.43 AP - 00276200 12/3/2008 BRODART BOOKS 2627 AP - 00276200 12/3/2008 BRODART BOOKS 187.29 AP - 00276200 12/3/2008 BRODART BOOKS 68.26 AP - 00276200 12/3/2008 BRODART BOOKS 43.59 AP - 00276200 12/3/2008 BRODART BOOKS 12.61 AP - 00276200 12/3/2008 BRODART BOOKS 10.07 AP - 00276200 12/3/2008 BRODART BOOKS 77.89 AP - 00276200 12/3/2008 BRODART BOOKS 65.30 AP - 00276200 12/3/2008 BRODART BOOKS 176.19 AP - 00276200 12/3/2008 BRODART BOOKS 16.47 AP - 00276200 12/3/2008 BRODART BOOKS 33.13 AP - 00276200 12/3/2008 BRODART BOOKS 42.48 AP - 00276200 12/3/2008 BRODART BOOKS 112.55 AP - 00276200 12/3/2008 BRODART BOOKS 31.95 AP - 00276200 12/3/2008 BRODART BOOKS 14.54 AP - 00276200 12/3/2008 BRODART BOOKS 31.52 AP - 00276200 12/3/2008 BRODART BOOKS 12.88 AP - 00276200 12/3/2008 BRODART BOOKS 24.20 AP - 00276200 12/3/2008 BRODART BOOKS 39.72 AP - 00276200 12/3/2008 BRODART BOOKS 25.17 AP - 00276200 12/3/2008 BRODART BOOKS 19.35 AP - 00276200 12/3/2008 BRODART BOOKS 9.51 AP - 00276200 12/3/2008 BRODART BOOKS 6.42 AP - 00276200 12/3/2008 BRODART BOOKS 14.94 AP - 00276200 12/3/2008 BRODART BOOKS 4.26 AP - 00276200 12/3/2008 BRODART BOOKS 4.26 AP - 00276200 12/3/2008 BRODART BOOKS 4482 AP - 00276200 ] 2/3/2008 BRODART BOOKS 4.26 AP - 00276200 12/3/2008 BRODART BOOKS 25.72 AP - 00276200 12/3/2008 BRODART BOOKS 4.26 AP - 00276200 12/3/2008 BRODART BOOKS 4.26 AP - 00276200 12/3/2008 BRODART BOOKS 93.62 AP - 00276200 12/3/2008 BRODART BOOKS 230.05 AP - 00276200 12/3/2008 BRODART BOOKS 4.26 AP - 00276202 12/3/2008 CAL PERS LONG TERM CARE 514.92 AP - 00276203 12/3/2008 CALIFORNIA MUNICIPAL UTILITY ASSOC 150.00 AP - 00276204 12/3/2008 CAMERON WELDING SUPPLY 33.40 AP - 00276206 12/3/2008 CASK N CLEAVER 84.00 AP - 00276207 12/3/2008 CBIZ ACCOUNTING TAX & ADVISORY OF ORAL 5,000.00 AP - 00276207 12/3/2008 CBIZ ACCOUNTING TAX & ADVISORY OF ORAI 5,000.00 AP - 00276208 12/3/2008 CCAC 375.00 AP - 00276210 12/3/2008 CLABBY, SANDRA 1,000.00 AP - 00276211 12/3/2008 CLERK OF THE BOARD 1,926.75 AP - 00276212 ]2/3/2008 CLIMATRONICS CORPORATION 7,115.50 AP - 00276212 ] 2/3/2008 CLIMATRONICS CORPORATION 254.90 AP-002762]3 12/3/2008 CMRTA 25.00 AP - 00276214 12/3/2008 COMFORT CLIMATE CONTROL 3,111.51 User: VLOPEZ -Veronica Lopez Page: 4 Current Date: 12/11/200 Report:CK_AGENDA_ REG_PORTRAI T_RC - CK: Agenda Check Register Pornait Layout Time: 08:03:2 CITY OF RANCHO CUCAMONGA Agenda Check Register 11/26/2008 through 12/9/2008 Check No. Check Date Vendor Name Amount AP - 00276215 12/3/2008 COMP. U ZONE 85.00 AP - 00276215 12/3/2008 COMP U ZONE 4.31 AP - 00276215 12/3/2008 COMP U ZONE 137.38 AP - 00276215 12/3/2008 COMP U ZONE 85.00 AP - 00276215 12/3/2008 COMP U ZONE 85.00 AP - 00276215 12/3/2008 COMP U ZONE 85.00 AP - 00276216. 12/3/2008 CONCEPT POWDER COATING 200.00 AP - 00276216 12/3/2008 CONCEPT POWDER COATING 160.00 AP - 00276217 12/3/2008 CONTINENTAL AMERICAN INSURANCE COMPS 16.39 AP - 00276218 12/3/2008 CORONA CLAY COMPANY INC 1,310.72 AP - 00276219 12/3/2008 COVENANT STAFFING INC. 551.18 AP - 00276219 12/3/2008 COVENANT STAFFING INC. 711.20 AP - 00276219 12/3/2008 COVENANT STAFFING INC. 711.20 AP - 00276219 12/3/2008 COVENANT STAFFING INC. 1334 AP - 002762]9 12/3/2008 COVENANT STAFFING INC. 711.20 AP - 00276219 12/3/2008 COVENANT STAFFING INC. 66.68 AP - 00276219 12/3/2008 COVENANT STAFFING INC. 711.20 AP - 00276219 12/3/2008 COVENANT STAFFING INC. 711.20 AP - 00276219 12/3/2008 COVENANT STAFFING INC. 13.34 AP - 00276219 12/3/2008 COVENANT STAFFING INC. 711.20 AP - 00276219 12/3/2008 COVENANT STAFFING INC. 26.67 AP - 00276219 12/3/2008 COVENANT STAFFING INC. 711.20 AP - 00276219 12/3/2008 COVENANT STAFFING INC. 666.75 AP - 00276219 12/3/2008 COVENANT STAFFING INC. 328.93 AP - 00276219 12/3/2008 COVENANT STAFFING INC. 106.68 AP - 00276219 12/3/2008 COVENANT STAFFING INC. 71120 AP - 00276219 12/3/2008 COVENANT STAFFING INC. 13.34 AP - 00276219 12/3/2008 COVENANT STAFFING INC. 675.64 AP - 00276219 12/3/2008 COVENANT STAFFING INC. 13.34 AP - 00276220 12/3/2008 CPRS DISTRICT XIV 140.00 AP - 00276221 12/3/2008 CREATIVE DJs 250.00 AP - 00276222 12/3/2008 CSU NORTHRIDGE 2,280.00 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 511.83 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT .140.33 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 551.31 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 622.91 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 991.94 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 1,034.94 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 167.86 AP - 00276224 ] 2/3/2008 CUCAMONGA VALLEY WATER DISTRICT 1,370.52 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 149.15 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 548.49 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 84.23 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 88.16 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 365.19 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 865.74 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 228.42 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 630.27 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT ],]79.86 AP - 00276224 ] 2/3/2008 CUCAMONGA VALLEY WATER DISTRICT 132.23 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 146.71 AP-00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 823.]3 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 2,782.67 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 352.50 P38 User: VLOPEZ -Veronica Lopez Page: 5 Current Date: 12/11/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 08:03:2 CITY OF RANCHO CUCAMONGA Agenda Check Register 11/26/2008 through 12/9/2008 Check No. Check Date Vendor Name Amount AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 635.91 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 283.41 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 31 ].61 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 465.30 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 181.89 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 269.00 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 176.25 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 624.63 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 264.77 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 139.59 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 382.11 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 177.35 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 767.04 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 506.19 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 1,515.75 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 153.10 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 609.12 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 248.16 AP - 00276224 12/3/2008 CUCAMONGA VALLEY WATER DISTRICT 820.62 AP - 00276225 12/3/2008 D 3 EQUIPMENT 41.80 AP - 00276225 12/3/2008 D 3 EQUIPMENT 88.97 AP - 00276226 12/3/2008 D AND K CONCRETE COMPANY 587.24 AP - 00276226 12/3/2008 D AND K CONCRETE COMPANY 909.4] AP - 00276226 12/3/2008 D AND K CONCRETE COMPANY 768.26 AP - 00276226 12/3/2008 D AND K CONCRETE COMPANY 366.35 AP - 00276227 12/3/2008 DAPPER TIRE CO 447.44 AP - 00276228 12/3/2008 DEER CREEK CAR CARE CENTER 18.99 AP - 00276229 12/3/2008 DENTAL HEALTH SERVICES 133.20 AP - 00276230 12/3/2008 DEPARTMENT OF JUSTICE 2,570.00 AP - 00276230 12/3/2008 DEPARTMENT OF JUSTICE 640.00 AP - 00276231 12/3/2008 DGO AUTO DETAILING 135.00 AP - 00276232 12/3/2008 DODSON & ASSOCIATES, TOM 240.00 AP - 00276233 12/3/2008 GENTRY, DONALD A ' 3,217.50 AP - 00276234 12/3/2008 DUNN EDWARDS CORPORATION 9.19 AP - 00276234 12/3/2008 DUNN EDWARDS CORPORATION 146.13 AP - 00276235 12/3/2008 EBSCO 63.44 AP - 00276236 12/3/2008 ELLIS ENTERPRISES 980.00 AP - 00276236 L/3/2008 ELLIS ENTERPRISES 940.00 AP - 00276236 12/3/2008 ELLIS ENTERPRISES 150.00 AP - 00276236 L/3/2008 ELLIS ENTERPRISES 1,000.00 AP - 00276238 12/3/2008 EMPIRE FLOOR COVERING 997.00 AP - 00276239 12/3/2008 EMPIRE MOBILE HOME SERVICE 14,405.67 AP - 00276240 12/3/2008 EMPIRE MOBILE HOME SERVICE 850.00 AP - 00276242 12/3/2008 ENCHANTMENT THEATRE CO. 12,000.00 AP - 00276242 12/3/2008 ENCHANTMENT THEATRE CO. -840.00 AP - 00276243 12/3/2008 ENGELKE, LINDA 71.74 AP - 00276244 12/3/2008 ESPINO'S COP SHOP INC 291-55 AP - 00276244 12/3/2008 ESPINO'S COP SHOP INC 45.00 AP - 00276244 12/3/2008 ESPINO'S COP SHOP INC 45.00 AP - 00276244 12/3/2008 ESPINO'S COP SHOP INC 90.00 AP - 00276244 12/3/2008 ESPINO'S COP SHOP INC 291.55 AP - 00276244 12/3/2008 ESPINO'S COP SHOP INC 835.04 AP - 00276244 12/3/2008 ESPINO'S COP SHOP NC 135.00 AP - 00276244 12/3/2008 ESPINO'S COP SHOP INC 291.55 P39 User: VLOPEZ -Veronica Lopez Page: 6 Current Date: 12/1 I/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:03:2 CITY OF RANCHO CUCAMONGA P40 Agenda Check Re>?ister 11/26/2008 through 12/9/2008 Check No. Check Date Vendor Name Amount AP - 00276244 12/3/2008 ESPINO'S COP SHOP INC 90.00 AP - 00276244 12/3/2008 ESPINO'S COP SHOP INC 291.55 AP - 00276245 12/3/2008 EWING IRRIGATION PRODUCTS 681.73 AP - 00276246 12/3/2008 EXPRESS BRAKE SUPPLY 45.71 AP - 00276246 12/3/2008 EXPRESS BRAKE SUPPLY 54.48 AP - 00276246 12/3/2008 EXPRESS BRAKE SUPPLY 108.11 AP - 00276247 12/3/2008 FASTENAL COMPANY 104.91 AP - 00276247 12/3/2008 FASTENAL COMPANY 105.63 AP - 00276247 12/3/2008 FASTENAL COMPANY 18.94 AP - 00276248 12/3/2008 FEDERAL EXPRESS CORP 20.66 AP - 00276248 12/3/2008 FEDERAL EXPRESS CORP 23.90 AP - 00276248 12/3/2008 FEDERAL EXPRESS CORD 21.85 AP-00276249 ]2/3/2008 FESTIVAL ARTISTS WORLDWIDE 350.00 AP - 00276250 12/3/2008 FESTIVAL OF THE ARTS 4,510.00 AP - 00276251 12/3/2008 FINESSE PERSONNEL ASSOCIATES 638.40 AP --00276252 12/3/2008 FISHER, THERESA 2,010.00 AP - 00276253 12/3/2008 FLAG SYSTEMS INC. 1,250.00 AP - 00276254 12/3/2008 FLEET METAL BOX CORP. 1,918.81 AP - 00276255 12/3/2008 FLEET STAR INC. 4,120.63 AP - 00276257 12/3/2008 JIM GAMBLE PUPPET PRODUCTIONS 1.650.00 AP - 00276258 12/3/2008 GARCIA, DOMINIC 250.00 AP - 00276258 12/3/2008 GARCIA, DOMINIC 250.00 AP - 00276261 12/3/2008 GRAINGER 43.94 AP - 00276261 12/3/2008 GRAINGER 9.48 AP - 00276261 12/3/2008 GRAINGER 10.27 AP - 00276261 12/3/2008 GRAINGER 70.13 AP - 00276261 12/3/2008 GRAINGER 48.44 AP - 00276261 12/3/2008 GRAINGER 43.60 AP - 00276261 12/3/2008 GRAINGER 299.47 AP - 00276261 12/3/2008 GRAINGER 9.89 AP - 00276261 12/3/2008 GRAINGER 75.72 AP - 00276261 12/3/2008 GRAINGER 490.27 AP - 00276261 12/3/2008 GRAINGER 374.61 AP - 00276261 12/3/2008 GRAINGER 142.75 AP - 00276261 12/3/2008 GRAINGER 53.45 AP - 00276261 12/3/2008 GRAINGER 365.15 AP-00276262 12/3/2008 GRANICUSINC 1,100.00 AP - 00276263 12/3/2008 GRAPHICS FACTORY PRINTING INC. 286.88 AP - 00276264 12/3/2008 GUARDIAN 3,494.29 AP - 00276265 12/3/2008 HILLS PET NUTRITION SALES INC 650.21 AP - 00276266 12/3/2008 HOLLIDAY ROCK CO INC 83.78 AP - 00276266 12/3/2008 HOLLIDAY ROCK CO INC 50.00 AP - 00276266 12/3/2008 HOLLIDAY ROCK CO INC 609.06 AP - 00276266 12/3/2008 HOLLIDAY ROCK CO INC 606.64 AP - 00276266 12/3/2008 HOLLIDAY ROCK CO INC 609.06 AP - 00276266 12/3/2008 HOLLIDAY ROCK CO INC 50.00 AP - 00276266 12/3/2008 HOLLIDAY ROCK CO INC 746.18 AP - 00276267 12/3/2008 HOSE MAN INC 11.88 AP - 00276267 12/3/2008 HOSE MAN INC 186.22 AP - 00276269 12/3/2008 HYDRO TEK SYSTEMS INC 8,187.54 AP - 00276270 12/3/2008 HYDROSCAPE PRODUCTS INC 120.68 AP - 00276270 12/3/2008 HYDROSCAPE PRODUCTS INC 271.19 AP - 00276271 12/3/2008 IBM CORPORATION 625.73 AP - 00276271 12/3/2008 IBM CORPORATION 45.00 User: VLOPEZ -Veronica Lopez Page: 7 Current Date: 12/11/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pornait Layout Time: 08:03:2 CITY OF RANCHO CUCAMONGA P41 Agenda Check Register 11/26/2008 through 12/9/2008 Check No. Check Date Vendor Name Amount AP - 00276273 12/3/2008 ILLUMINATIONS 822.16 AP - 00276274 12/3/2008 INLAND CUSTOM PUBLISHING GROUP 1,200.00 AP - 00276274 12/3/2008 INLAND CUSTOM PUBLISHING GROUP 750.00 AP - 002762 i6 12/3/2008 INLAND EMPIRE TOURS AND TRANSPORTATIC 965.00 AP - 00276277 12/3/2008 INLAND VALLEY DAILY BULLETIN 143.26 AP - 00276277 12/3/2008 INLAND VALLEY DAILY BULLETIN 300.83 AP - 00276278 12/3/2008 INTERSTATE BATTERIES 204.19 AP - 00276278 12/3/2008 INTERSTATE BATTERIES 147.17 AP - 00276279 12/3/2008 INTRAVAIA ROCK AND SAND INC 261.98 AP - 00276280 12/3/2008 IRON MOUNTAIN OSDP 1,587.14 AP - 00276281 12/3/2008 JAUREGUI & CULVER INC 153,019.00 AP - 00276281 12/3/2008 JAUREGUI & CULVER INC -15,301.90 AP - 00276282 12/3/2008 JOHNSON, THOMAS 6.00 AP - 00276283 12/3/2008 KAMRANI, JOSEPH 279.46 AP - 00276283 12/3/2008 KAMRANI, JOSEPH 260.37 AP - 00276283 12/3/2008 KAMRANI, JOSEPH -250.00 AP - 00276284 12/3/2008 KARATSU, ROBERT 44.00 AP - 00276285 12/3/2008 KC PRINTING & GRAPHICS INC 91.59 AP - 00276286 12/3/2008 KELLY EQUIPMENT 170.89 AP - 00276288 12/3/2008 KLAUS AND SONS ]75.00 ~AP - 00276290 12/3/2008 KOA CORPORATION ~ 1,725.00 AP - 00276290 12/3/2008 KOA CORPORATION 1,725.00 AP - 00276290 12/3/2008 KOA CORPORATION 4,394.40 AP - 00276290 12/3/2008 KOA CORPORATION 3,416.00 AP - 00276290 12/3/2008 KOA CORPORATION 3,600.00 AP - 00276290 12/3/2008 KOA CORPORATION 1,800.00 AP - 00276290 12/3/2008 KOA CORPORATION 1,725.00 AP - 00276290 12/3/2008 KOA CORPORATION 1,725.00 AP - 00276291 12/3/2008 KONE INC 457.74 AP - 00276292 12/3/2008 KONICA MINOLTA BUSINESS SOLUTIONS USA 274.94 AP - 00276293 12/3/2008 LAMOUREUX, JULIE 1,333.00 AP - 00276295 12/3/2008 LEAL, RUTH 505.00 AP - 00276298 12/3/2008 LIMS AUTO INC 38.12 AP - 00276299 12/3/2008 LINA 17,966.58 AP - 00276300 12/3/2008 LITTLE BEAR PRODUCTIONS ] 50.00 AP - 00276300 12/3/2008 LITTLE BEAR PRODUCTIONS 30.83 AP - 00276300 12/3/2008 LITTLE BEAR PRODUCTIONS 350.00 AP - 00276300 12/3/2008 LITTLE BEAR PRODUCTIONS 3,975.00 AP - 00276300 12/3/2008 LITTLE BEAR PRODUCTIONS 400.00 AP - 00276300 12/3/2008 LITTLE BEAR PRODUCTIONS 325.00 AP - 00276300 12/3/2008 LITTLE BEAR PRODUCTIONS 150.00 AP - 00276300 12/3/2008 LITTLE BEAR PRODUCTIONS 385.00 AP - 00276300 12/3/2008 LITTLE BEAR PRODUCTIONS 30.83 AP - 00276300 12/3/2008 LITTLE BEAR PRODUCTIONS 30.83 AP - 00276300 12/3/2008 LITTLE BEAR PRODUCTIONS 30.85 AP - 00276300 12/3/2008 LITTLE BEAR PRODUCTIONS 30.83 AP - 00276300 12/3/2008 LITTLE BEAR PRODUCTIONS 30.83 AP - 00276300 12/3/2008 LITTLE BEAR PRODUCTIONS 175.00 AP - 00276303 12/3/2008 MARCARELLO, KAREN 45.62 AP - 00276304 12/3/2008 MIDWEST TAPE 149.90 AP - 00276304 12/3/2008 MIDWEST TAPE 8L96 AP - 00276304 12/3/2008 MIDWEST TAPE 168.89 AP - 00276304 12/3/2008 MIDWEST TAPE 67.97 AP - 00276304 12/3/2008 MIDWEST TAPE 151.10 User: VLOPEZ -Veronica Lopez Page: 8 Current Date: 12/1 I/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK:~Agenda Check Register Pomait Layout Time: 08:03:2 CITY OF RANCHO CUCAMONGA P42 Asenda Check Resister 11/26/2008 through 12/9/2008 Check No. Check Date Vendor Name Amount AP - 00276304 12/3/2008 MIDWEST TAPE 151.10 AP - 00276304 12/3/2008 MIDWEST TAPE 158.93 AP - 00276304 12/3/2008 MIDWEST TAPE 112.95 AP - 00276304 12/3/2008 MIDWEST TAPE 67.97 AP - 00276304 12/3/2008 MIDWEST TAPE 180.08 AP - 00276304 12/3/2008 MIDWEST TAPE 16.99 AP - 00276304 12/3/2008 MIDWEST TAPE 14.99 AP - 00276304 12/3/2008 MIDWEST TAPE 194.26 AP - 00276304 12/3/2008 MIDWEST TAPE 333.37 AP - 00276304 12/3/2008 MIDWEST TAPE 14.99 AP - 00276304 12/3/2008 MIDWEST TAPE 110.95 AP - 00276305 12/3/2008 MMASC 15.00 AP - 00276305 12/3/2008 MMASC 15.00 AP - 00276306 12/3/2008 MOREAU, MATTHEW 195.00 AP - 00276307 12/3/2008 MOUNTAIN VIEW SMALL ENG REPAIR 34.79 AP - 00276307 12/3/2008 MOUNTAIN VIEW SMALL ENG REPAIR 73.22 AP - 00276308 12/3/2008 MUELLER, JOHN 10,000.00 AP - 00276309 12/3/2008 MURADIAN, LESLIE 400.00 AP - 00276310 _ 12/3/2008 MWI VETERINARY SUPPLY 40.66 AP - 00276310 12/3/2008 MWI VETERINARY SUPPLY 25.91 AP - 00276310 12/3/2008 MWI VETERINARY SUPPLY 42.62 AP - 00276310 12/3/2008 MWI VETERINARY SUPPLY 6.51 AP - 00276311 12/3/2008 NAPA AUTO PARTS 82.96 AP - 00276311 12/3/2008 NAPA AUTO PARTS 58.77 AP - 00276311 12/3/2008 NAPA AUTO PARTS 108.87 AP - 00276311 12/3/2008 NAPA AUTO PARTS 320.80 AP - 00276311 12/3/2008 NAPA AUTO PARTS 400.84 AP - 0027631 ] 12/3/2008 NAPA AUTO PARTS 205.93 AP - 00276311 12/3/2008 NAPA AUTO PARTS 202.89 AP - 00276311 12/3/2008 NAPA AUTO PARTS 75.21 AP - 00276311 12/3/2008 NAPA AUTO PARTS 15.04 AP - 00276312 ]2/3/2008 NIXON EGLI EQUIPMENT CO 206.92 AP - 00276312 12/3/2008 NIXON EGLI EQUIPMENT CO 1,390.43 AP - 00276313 12/3/2008 O C B REPROGRAPHICS INC 3,118.61 AP - 00276314 12/3/2008 OCCUPATIONAL HEALTH CENTERS OF CALIFO 68.62 AP - 00276314 12/3/2008 OCCUPATIONAL HEALTH CENTERS OF CALIFO 292.03 AP - 00276314 12/3/2008 OCCUPATIONAL HEALTH CENTERS OF CALIFO 89.57 AP - 00276316 12/3/2008 OFFICE DEPOT 33.93 AP - 00276316 12/3/2008 OFFICE DEPOT 79.91 AP - 002763 ] 6 12/3/2008 OFFICE DEPOT 189.03 AP - 00276316 12/3/2008 OFFICE DEPOT 164.08 AP - 00276316 12/3/2008 OFFICE DEPOT 41.76 AP - 00276316 12/3/2008 OFFICE DEPOT 95.20 AP - 00276316 12/3/2008 OFFICE DEPOT 126.21 AP - 00276316 12/3/2008 OFFICE DEPOT -46.52 AP - 00276316 12/3/2008 OFFICE DEPOT 65.68 AP - 00276316 12/3/2008 OFFICE DEPOT 18.10 AP - 00276316 ]2/3/2008 OFFICE DEPOT 4747 AP - 00276316 12/3/2008 OFFICE DEPOT 103.22 AP - 00276316 12/3/2008 OFFICE DEPOT 49.90 AP - 00276316 12/3/2008 OFFICE DEPOT 7.41 AP - 00276316 12/3/2008 OFFICE DEPOT 752.94 AP - 00276316 12/3/2008 OFFICE DEPOT 35.85 AP - 00276316 12/3/2008 OFFICE DEPOT 364.67 User: VLOPEZ -Veronica Lopez Page: 9 Current Date: 12/11/200 Report:CK_AGENDA_R EG_PORTRA[ T_RC - CK: Agenda Check Register Portrait Layout Time: 08:03:2 CITY OF RANCHO CUCAMONGA Agenda Check Register. 11/26/2008 through 12/9/2008 Check No. Check Date Vendor Name Amount AP - 00276316 12/3/2008 OFFICE DEPOT 54.93 AP - 00276316 12/3/2008 OFFICE DEPOT ~ 34.02 AP - 00276316 12/3/2008 OFFICE DEPOT 90.75 AP - 00276316 12/3/2008 OFFICE DEPOT 67.85 AP - 00276316 12/3/2008 OFFICE DEPOT 21.61 AP - 00276316 12/3/2008 OFFICE DEPOT 388.60 AP - 00276316 12/3/2008 OFFICE DEPOT 20.73 AP - 00276316 12/3/2008 OFFICE DEPOT 115.56 AP - 00276316 12/3/2008 OFFICE DEPOT 29.09 AP - 00276316 12/3/2008 OFFICE DEPOT 111.12 AP - 00276316 12/3/2008 OFFICE DEPOT 26.94 AP - 00276316 12/3/2008 OFFICE DEPOT 1.36 AP - 00276316 12/3/2008 OFFICE DEPOT 29.90 AP - 00276316 ] 2/3/2008 OFFICE DEPOT 18.60 AP - 00276316 12/3/2008 OFFICE DEPOT 14.47 AP - 00276316 12/3/2008 OFFICE DEPOT 113.81 AP - 00276316 12/3/2008 OFFICE DEPOT 61.05 AP- 00276316 12/3/2008 OFFICE DEPOT 47.52 AP - 00276316 12/3/2008 OFFICE DEPOT 28.73 AP - 00276317 12/3/2008 ONTARIO, CITY OF 183.21 AP - 00276318 12/3/2008 OSTERBAUER COMPRESSOR SERVICE INC 13,247.86 AP - 00276318 12/3/2008 OSTERBAUER COMPRESSOR SERVICE INC 510.00 AP - 00276319 12/3/2008 OWEN ELECTRIC INC 13,446.48 AP - 00276319 12/3/2008 OWEN ELECTRIC INC 552.33 AP - 00276321 12/3/2008 PARAGON BUILDING PRODUCTS INC 192.95 AP - 00276321 12/3/2008 PARAGON BUILDING PRODUCTS INC -161.54 AP - 00276322 12/3/2008 PATTON SALES CORP 5.86 AP - 00276323 12/3/2008 PETES ROAD SERVICE INC 90.20 AP - 00276324 12/3/2008 PIONEER MANUFACTURING 2,149.62 AP - 00276325 12/3/2008 POPE, LISA 300.00 AP - 00276326 12/3/2008 POSTER SOLUTIONS 82.00 AP - 00276326 12/3/2008 POSTER SOLUTIONS 14.43 AP - 00276327 12/3/2008 PRE-PAID LEGAL SERVICES NC 22.80 AP-00276328 12/3/2008 QWEST 3.60 AP - 00276329 ]2/3/2008 RANCHO SMOG CENTER ~ 80.00 AP - 00276329 12/3/2008 RANCHO SMOG CENTER 60.00 AP - 00276329 12/3/2008 RANCHO SMOG CENTER 30.00 AP - 00276330 12/3/2008 RANDOM HOUSE INC 90.35 AP - 00276330 12/3/2008 RANDOM HOUSE INC 115.35 AP - 00276330 12/3/2008 RANDOM HOUSE INC 78.50 AP - 00276330 12/3/2008 RANDOM HOUSE INC 226.06 AP - 00276330 12/3/2008 RANDOM HOUSE INC 267.22 AP - 00276330 12/3/2008 RANDOM HOUSE INC -18.40 AP - 00276330 12/3/2008 RANDOM HOUSE INC -120.00 AP - 00276330 12/3/2008 RANDOM HOUSE INC -87.12 AP - 00276330 12/3/2008 RANDOM HOUSE INC 1,035.23 AP - 00276330 ] 2/3/2008 RANDOM HOUSE INC 120.79 AP - 00276330 12/3/2008 RANDOM HOUSE INC 128.98 AP - 00276331 12/3/2008 RAULS AUTO TRIM INC 253.88 AP - 00276332 12/3/2008 RCPFA 8,606.13 AP - 00276333 12/3/2008 RDO EQUIPMENT COMPANY 3,763.58 AP - 00276334 ] 2/3/2008 RDO EQUIPMENT CO 487.98 AP - 00276334 12/3/2008 RDO EQUIPMENT CO 473.83 AP - 00276336 12/3/2008 REYNOLDS, JAMES 26.93 P43 User: VLOPEZ -Veronica Lopez Page: 10 Current Date: 12/11/200 Repor[:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:03:2 CITY OF RANCHO CUCAMONGA P44 Agenda Check Resister 11/26/2008 through 12/9/2008 Check No. Check Date Vendor Name Amount AP - 00276337 12/3/2008 RICHARDS WATSON AND GERSHON 16.50 AP - 00276337 12/3/2008 RICHARDS WATSON AND GERSHON 221.00 AP - 00276337 12/3/2008 RICHARDS WATSON AND GERSHON 30,608.64 AP - 00276337 12/3/2008 RICHARDS WATSON AND GERSHON 4,315.66 AP - 00276337 12/3/2008 RICHARDS WATSON AND GERSHON 627.00 AP - 00276337 12/3/2008 RICHARDS WATSON AND GERSHON 220.00 AP - 00276337 12/3/2008 RICHARDS WATSON AND GERSHON 1,728.54 AP - 00276337 12/3/2008 RICHARDS WATSON AND GERSHON 411.26 AP - 00276337 12/3/2008 RICHARDS WATSON AND GERSHON 34,572.02 AP - 00276339 12/3/2008 RIPPETOE MILES LLP 1,618.50 AP - 00276339 12/3/2008 RIPPETOE MILES LLP 2,695.20 AP - 00276339 12/3/2008 RIPPETOE MILES LLP 2,103.05 AP - 00276339 12/3/2008 RIPPETOE MILES LLP 4,774.65 AP - 00276339 12/3/2008: RIPPETOE MILES LLP 3,361.98 AP - 00276340 12/3/2008 ROBERT HALF TECHNOLOGY 128.00 AP - 00276340 12/3/2008 ROBERT HALF TECHNOLOGY 224.00 AP - 00276341 12/3/2008 ROBLES SR, RAUL P 75.00 AP - 00276341 12/3/2008 ROBLES SR, RAUL P 75.00 AP - 0027634 ] 12/3/2008 ROBLES SR, RAUL P 75.00 AP - 00276341 12/3/2008 ROBLES SR, RAUL P 125.00 AP - 00276341 12/3/2005 ROBLES SR, RAUL P 105.00 AP - 00276341 12/3/2008 ROBLES SR, RAUL P 90.00 AP - 00276341 12/3/2008 ROBLES SR, RAUL P 75.00 AP - 00276341 12/3/2008 ROBLES SR, RAUL P 75.00 AP - 00276342 ] 2/3/2008 ROCK PITT LLC 27,600.00 AP - 00276343 12/3/2008 RODRIGUEZ INC, R Y 240.00 AP - 00276343 12/3/2008 RODRIGUEZ INC, R Y 365.00 AP - 00276345 12/3/2008 SALEM ENGINEERING GROUP INC 1,518.00 AP - 00276346 12/3/2008 SAN BERNARDINO CTY DEPT OF PUBLIC WOR] 36,677.00 AP - 00276347 12/3/2008 SAN BERNARDINO CTY SHERIFFS DEPT 186.83 AP - 00276349 12/3/2008 SCHWARZE INDUSTRIES 288,777.00 AP - 00276349 12/3/2008 SCHWARZE INDUSTRIES 288,777.00 AP - 00276349 12/3/2008 SCHWARZE INDUSTRIES 9,341.00 AP - 00276349 12/3/2008 SCHWARZE INDUSTRIES 9,341.00 AP - 00276350 12/3/2008 SIGMANET -355.58 AP - 00276350 12/3/2008 SIGMANET 1,016.00 AP - 00276350 12/3/2008 SIGMANET 15,580.65 AP - 00276351 12/3/2008 SIMMONS, ARLENE 294.00 AP - 00276352 12/3/2008 SIMPLOT PARTNERS 3,911.33 AP - 00276353 12/3/2008 SO CALTF GAS COMPANY 269.51 AP - 00276353 12/3/2008 SO CALIF GAS COMPANY 61.29 AP - 00276353 12/3/2008 SO CALIF GAS COMPANY 42.82 AP - 00276353 12/3/2008 SO CALIF GAS COMPANY 2,303.02 AP - 00276353 12/3/2008 SO CALIF GAS COMPANY 172.30 AP - 00276353 12/3/2008 SO CALIF GAS COMPANY 499.82 AP - 00276354 12/3/2008 SOUTH COAST LIGHTING AND DESIGN 2,569.84 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 17.55 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 16.39 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 17.52 AP - 00276355 12/3/2008 SOUTHERN CALIFORNIA EDISON 14.28 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 0.30 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 16.56 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 21.17 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 16.56 User: VLOPEZ -Veronica Lopez Page: I I Current Date: 12/11/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:03:2 CITY ORRANCHO CUCAMONGA P45 Agenda Check Register 11/26/2008 through 12/9/2008 Check No. Check Date Vendor Name Amount AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 16.58 AP - 00276358 12/3!2008 SOUTHERN CALIFORNIA EDISON 27.95 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 51.27 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 125.59 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 17.30 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 12.64 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 18.08 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 106.55 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 20.27 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 19.54 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 18.08 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 135.98 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 528.24 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 16.55 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 73.39 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 92.27 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 88.58 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 16.55 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 18.14 AP - 00276358 12/3/2008 SOUTHERN CALIFORNL4 EDISON 123.53 AP - 00276358 12/3/2008 SOUTHERN CALIFORNL4 EDISON 406.35 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 90.36 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 16.41 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 89.47 AP - 00276358 12/3/2008 SOUTHERN CALIFORNL4 EDISON 84.70 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 17.52 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 19.44 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 33.38 AP - 00276358 12/3/2008 SOUTHERN CALIFORNL4 EDISON 16.55 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 17.43 AP - 00276358 12/3/2008 SOUTHERN CALIFORNL4 EDISON 16.54 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 17.13 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 190.13 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 44.94 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 12.80 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 17.52 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 50.59 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 57.84 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 44.34 AP - 00276358 12/3/2008 SOUTHERN CALIFORNL4 EDISON 16.54 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 17.74 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 56.77 AP - 00276358 12/3/2008 SOUTHERN CALIFORNL4 EDISON 22.81 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 39.07 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 17.11 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 18.08 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 86.11 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 46.02 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 51.71 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 18.29 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 17.52 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 16.55 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 18.23 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 17.44 User: VLOPEZ -Veronica Lopez Page: 12 Curren[ Date: 12/11/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:03:2 CITY OF RANCHO CUCAMONGA P46 Aeenda Check Re¢ister 11/26/2008 through 12/9/2008 Check No. Check Date Vendor Name Amount AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 17.11 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 17.11 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 17.20 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 16.57 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 57.40 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 40.84 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 101.30 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 103.14 AP - 00276358 12/3/2008 SOUTHERN CALIFORNL4 EDISON 79.52 AP - 00276358 12/3/2008 SOUTHERN' CALIFORNIA EDISON 118.36 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 72.84 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 18.08 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 17.99 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 17.39 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 150.17 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 18.08 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 76.25 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 454.70 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 17.11 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 132.88 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 15.82 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 54.85 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 59.66 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 53.12 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 158.73 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 17.99 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 17.11 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 35.98 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 73.64 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 113.67 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 36.37 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 17.96 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 100.79 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 112.87 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 1,212.24 AP - 00276358 12/3/2008 SOUTHEIL'V CALIFORNIA EDISON 55.59 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 138.88 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 99.52 AP - 00276358 12/3/2008 SOUTHERN CALIFORNL4 EDISON 100.96 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 94.54 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 17.55 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 17.11 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 17.15 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 17.85 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 17.23 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 16.95 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 384.78 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 16.56 AP - 00276358 12/3/2008 SOUTHERN CALIFORNIA EDISON 1.57 AP - 00276360 12/3/2008 SOUTHERN CALIFORNIA EDISON 628.24 AP - 00276361 12/3/2008 SPARKLETTS 214.00 AP - 00276362 12/3/2008 SPOONFACTORY 98.00 AP - 00276362 12/3/2008 SPOONFACTORY 350.00 AP - 00276362 12/3/2008 SPOONFACTORY 98.00 User: VLOPEZ -Veronica Lopez Page: 13 Current Date: 12/11/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:03:2 CITY OF RANCHO CUCAMONGA P47 Agenda Check Register 11/26/2008 through 12/9/2008 Check No. Check Date Vendor Name Amount AP - 00276362 12/3/2008 SPOONFACTORY 98.00 AP - 00276362 12/3/2008 SPOONFACTORY 98.00 AP - 00276362 12/3/2008 SPOONFACTORY 98.00 AP - 00276363 12/3/2008 SPORT, IOYCE 188.57 AP - 00276364 12/3/2008 STERLING COFFEE SERVICE 490.98 AP - 00276364 12/3/2008 STERLING COFFEE SERVICE 105.00 AP - 00276364 12/3/2008 STERLING COFFEE SERVICE 273.83 AP - 00276364 12/3/2008 STERLING COFFEE SERVICE 232.53 AP - 00276364 12/3/2008 STERLING COFFEE SERVICE 100.20 AP - 00276365 12/3/2008 STEVES TIRE SERVICE 680.00 AP - 00276366 12/3/2008 STONE ROOFING 800.00 AP - 00276367 12/3/2008 SUNGARD BI TECH INC. 4,200.00 AP - 00276368 ]2/3/2008 SUNRISE FORD 355.22 AP - 00276368 12/3/2008 SUNRISE FORD 30,834.19 AP - 00276368 12/3/2008 SUNRISE FORD 30,834.19 AP - 00276368 12/3/2008 SUNRISE FORD 30,834.19 AP - 00276368 12/3/2008 SUNRISE FORD 30,834.19 AP - 00276368 12/3/2008 SUNRISE FORD 30,834.19 AP - 00276368 12/3/2008 SUNRISE FORD 30,834:19 AP - 00276371 12/3/2008 SUNSHINE GROWERS NURSERY INC 161.63 AP - 00276372 12/3/2008 SUNSTATE EQUIPMENT COMPANY LLC 3,012.30 AP - 00276372 12/3/2008 SUNSTATE EQUIPMENT COMPANY LLC 3,332.50 AP - 00276372 12/3/2008 SUNSTATE EQUIPMENT COMPANY LLC 394.98 AP - 00276372 12/3/2008 SUNSTATE EQUIPMENT COMPANY LLC 3,332.50 AP - 00276373 12/3/2008 T AND D INSTALLATIONS 115.00 AP - 00276373 12/3/2008 T AND D INSTALLATIONS 115.00 AP - 00276375 12/3/2008 TMAD TAYLOR & GAINES 4,000.00 AP - 00276377 12/3/2008 TONY'S AUTO ELECTRIC 140.00 AP - 00276378 12/3/2008 TLINNEY, MARVIN 500.00 AP - 00276379 12/3/2008 UNIFIRST UNIFORM SERVICE 1,226.49 AP - 00276379 12/3/2008 UNIFIRST UNIFORM SERVICE 175.72 AP - 00276379 12/3/2008 UNIFIRST UNIFORM SERVICE 94.81 AP - 00276379 12/3/2008 UNIFIRST UNIFORM SERVICE 28.40 AP - 00276379 12/3/2008 UNIFIRST UNIFORM SERVICE 937.57 AP - 00276379 12/3/2008 UNIFIRST UNIFORM SERVICE 96.26 AP - 00276379 12/3/2008 UNIFIRST UNIFORM SERVICE 350.04 AP - 00276380 12/3/2008 UNION BANK OF CALIFORNIA TRUSTEE FOR P. 51,020.30 AP - 00276381 12/3/2008 UNION BANK OF CALIFORNIA TRUSTEE FOR P. 269.27 AP - 00276381 12/3/2008 UNION BANK OF CALIFORNIA TRUSTEE FOR P, 3,096.48 AP - 00276382 12/3/2008 UNIQUE MANAGEMENT SERVICES INC 1,269.45 AP - 00276383 12/3/2008 UNITED SITE SERVICES OF CA INC 217.78 AP - 00276384 ] 2/3/2008 UNITED STATES TREASURY 307.20 AP - 00276385 12/3/2008 UNITED WAY 16.00 AP - 00276386 12/3/2008 UPS 25.60 AP - 00276386 12/3/2008 UPS 18.30 AP - 00276386 12/3/2008 UPS 40.77 AP-00276388 12/3/2008 UTI 360.]0 AP - 00276389 12/3/2008 VANDERHAWK CONSULTING LLC 10;173.75 AP - 00276390 12/3/2008 VASTA, WILLIAM 269.38 AP - 00276390 12/3/2008 VASTA, WILLIAM 413.75 AP - 00276390 12/3/2008 VASTA, WILLIAM 942.81 AP - 00276390 12/3/2008 VASTA, WILLIAM 125.00 AP - 00276391 12/3/2008 VERITEXT ORANGE COUNTY REPORTING COM 1,017.40 AP - 00276392 12/3/2008 VERIZON BUSINESS 3,194.26 User: VLOPEZ -Veronica Lopez Pagc: ]4 Current Date: 12/11/200 Report:CK_AGENDA_ REG_PORTRAI T_RC - CK: Agenda Check Register Pomait Layout Time: 08:03:2 CITY OF RANCHO CUCAMONGA Agenda Check Resister 11/26/2008 through 12/9/2008 Check No. Check Date Vendor Name Amount AP - 00276392 12/3/2008 VERIZON BUSINESS 406.31 AP - 00276393 12/3/2008 VERIZON BUSINESS 15.10 AP - 00276396 12/3/2008 VERIZON 468.08 AP - 00276396 12/3/2008 VERIZON 468.08 AP - 00276396 12/3/2008 VERIZON 8794 AP - 00276396 12/3/2008 VERIZON 32.50 AP - 00276396 12/3/2008 VERIZON 32.50 AP - 00276396 12/3/2008 VERIZON 34.67 AP - 00276396 12/3/2008 VERIZON 2,399.86 AP - 00276396. 12/3/2008 VERIZON 32.55 AP - 00276396 12/3/2008 VERIZON 113.66 AP - 00276396 12/3/2008 VERIZON 87.94 AP - 00276396 12/3/2008 VERIZON 87.94 AP - 00276396 12/3/2008 VERIZON 87.94 AP - 00276396 12/3/2008 VERIZON 85.44 AP - 00276396 12/3/2008 VERIZON 42.81 AP - 00276396 12/3/2008 VERIZON 17.14 AP - 00276396 12/3/2008 VERIZON 20.06 AP - 00276396 12/3/2008 VERIZON 53.27 AP - 00276396 12/3/2008 VERIZON 34.61 AP - 00276396 12/3/2008 VERIZON 454.27 AP - 00276396 12/3/2008 VERIZON 8794 AP - 00276396 12/3/2008 VERIZON 87.94 AP - 00276396 12/3/2008 VERIZON 34.61 AP - 00276396 12/3/2008 VERIZON 360.16 AP - 00276396 12/3/2008 VERIZON 87.94 AP - 00276397 12/3/2008 VILLAGE NURSERIES WHOLESALE LLC 700.09 AP - 00276398 12/3/2008 VISION MEDIA TELEVISION LLC 900.00 AP - 00276399 12/3/2008 VISION SERVICE PLAN CA 10,351.68 AP - 00276400 12/3/2008 WALTERS WHOLESALE ELECTRIC CO 107.84 AP - 00276400 12/3/2008 WALTERS WHOLESALE ELECTRIC CO 107.81 AP - 00276400 12/3/2008 WALTERS WHOLESALE ELECTRIC CO 96.21 AP - 00276400 12/3/2008 WALTERS WHOLESALE ELECTRIC CO 646.50 AP - 00276400 12/3/2008 WALTERS WHOLESALE ELECTRIC CO 82.73 AP - 00276400 12/3/2008 WALTERS WHOLESALE ELECTRIC CO 476.86 AP - 00276400 12/3/2008 WALTERS WHOLESALE ELECTRIC CO 860.93 AP - 00276400 12/3/2008 WALTERS WHOLESALE ELECTRIC CO 58.51 AP - 00276401 12/3/2008 WAXIE SANITARY SUPPLY 507.41 AP - 00276401 12/3/2008 WAXIE SANITARY SUPPLY 1,135.03 AP - 00276401 12/3/2008 WAXIE SANITARY SUPPLY 85.30 AP - 00276401 12/3/2008 WAXIE SANITARY SUPPLY 837.4 ] AP - 00276401 12/3/2008 WAJCIE SANITARY SUPPLY 833.25 AP - 00276402 12/3/2008 WESTCOAST MEDIA 242.60 AP - 00276402 12/3/2008 WESTCOAST MEDIA 242.60 AP - 00276402 12/3/2008 . WESTCOAST MEDIA 242.60 AP - 00276402 12/3/2008 WESTCOAST MEDIA 242.60 AP - 00276402 12/3/2008 WESTCOAST MEDIA 242.60 AP - 00276403 12/3/2008 WESTERN MEDICAL SUPPLY INC 188.03 AP - 00276404 12/3/2008 WESTWAY TRANSPORTATION SERVICES LLC 33.96 AP - 00276405 12/3/2008 WHITE CAP CONSTRUCTION SUPPLY 2,670.52 AP - 00276406 12/3/2008 WILSON AND BELL 1,011.01 AP - 00276406 12/3/2008 WILSON AND BELL 667.14 AP - 00276407 12/3/2008 WOMEN LEADING GOVERNMENT 50.00 AP - 00276408 12/3/2008 WOMEN LEADING GOVERNMENT 50.00 P48 User: VLOPEZ -Veronica Lopez Page: 15 Current Date: 12/11/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:03:2 CITY OF RANCHO CUCAIVIONGA Ai;enda Check Register 11/26/2008 through 12/9/2008 Check A'o. Check Date Vendor Name Amount AP - 00276409 12/3/2008 WONDRIES FLEET GROUP 19,368.19 AP - 00276410 12/3/2008 WORD MILL PUBLISHING 270.00 AP - 00276410 12/3/2008 WORD MILL PUBLISHING 270.00 AP - 00276410 12/3/2008 WORD MILL PUBLISHING 270.00 AP - 00276410 12/3/2008 WORD MILL PUBLISHING 270.00 AP - 00276410 12/3/2008 WORD MILL PUBLISHING 270.00 AP - 00276411 12/3/2008 WSA US GUARDS CO INC 8,178.71 AP - 00276411 12/3/2008 WSA US GUARDS CO INC 5,255.44 AP - 00276411 12/3/2008 WSA US GUARDS CO INC 7,559.15 AP - 00276411 12/3/2008 WSA US GUARDS CO INC 1,747.55 AP - 00276411 12/3/2008 WSA US GUARDS CO INC 9,608.43 AP - 00276413 12/3/2008 YOUNG CALIFORNIA CUCAMONGA LP 32,020.00 AP - 00276414 12/3/2008 YOUNG CALIFORNIA CUCAMONGA LP 3,150.00 AP - 00276415 12/3/2008 ZENITH INSURANCE COMPANY, THE 250.00 AP - 002764 ] 6 12/3/2008 ZINNER CONSULTANTS 1,312.50 AP - 00276416 ]2/3/2008 ZINNER CONSULTANTS 1,312.50 AP - 00276416 12/3/2008 ZINNER CONSULTANTS 1,093.75 AP - 00276416 12/3/2008 ZINNER CONSULTANTS 1,093.75 AP - 00276417 12/8/2008 MADILYN CLARK STUDIOS 50.00 AP - 00276418 12/8/2008 CAMPOS DECORATION & RENTALS 756.00 Total for Check ID AP: 1,814,844.95 Total (or Entity: 1,814,844.95 P49 Uscr: VLOPEZ -Veronica Lopez Page: 16 Current Date: 12/11/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 08:03:2 STAFF REPORT PUBLIC WORKS SERVICES DEPARTb'IENT RANCHO Date: December 17,2008 G'[ICAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Dave Blevins, Public Works Services Director By: Ty Quaintance, Facilities Superintendent Michael Maston, Assistant Engineer Subject: APPROVAL OF SPECIFICATIONS FOR "EPICENTER STADIUM LOCKER ROOM SHOWER TILE REPLACEMENT" AND AUTHORIZE THE CITY CLERK TO ADVERTISE THE "NOTICE INVITING BIDS" TO BE FUNDED FROM ACCOUNT NUMBER 1025001-5602 (CAPITAL RESERVE) RECOMMENDATION It is recommended that the specifications for "Epicenter Stadium Locker Room Shower Tile Replacement" be approved and authorize the City Clerk to advertise the "Notice Inviting Bids" to be funded from account number 1025001-5602 (Capital Reserve). BACKGROUND ANALYSIS During the -past two years, there have been several capital building improvements done at the stadium including the replacement of outfield fencing, new seating, cross aisle waterproofing and new outfield fence padding. In addition to these improvements, the replacement of the original locker room the has been approved in the FY 2008-2009 budget. Staff has prepared specifications for the removal and replacement of the existing the and recommends the advertising of the "Notice Inviting Bids". The project timeline anticipates the project being completed prior to the beginning of the 2009 baseball season. The budgeted cost for this project is $35,000. Respectfully Submitted, ave Blevins Public Works Services Director P50 DB:TQ:mm P51 RESOLUTION NO. OS- 2 y!o A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR EPICENTER STADIUM LOCKER ROOM SHOWER TILE REPLACEMENT AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga City Council to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga City Council has prepared specifications for the construction of certain improvements... NOW, THEREFORE, BE IT RESOLVED that the specifications presented by the City of Rancho Cucamonga City Council be and are hereby approved as the specifications for the "EPICENTER STADIUM LOCKER ROOM SHOWER TILE REPLACEMENT". BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the City Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga City Council will receive at the OFFICE OF THE CITY CLERK IN THE OFFICES OF THE CITY OF RANCHO CUCAMONGA, ON OR BEFORE THE HOUR OF 2:00 P.M. ON JANUARY 27, 2009, sealed bids or proposals for "EPICENTER STADIUM LOCKER ROOM SHOWER TILE REPLACEMENT" in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California, 91730. A Pre-Bid Job Walk is scheduled for Tuesday, January 6, 2009, at 9:00 a.m. at the City of Rancho Cucamonga Epicenter, 8408 Rochester Avenue, Rancho Cucamonga, California, 91730, where bidders may present questions regarding the Bid Documents: Plans, Proposals, Specifications. THIS MEETING IS MANDATORY. Verification of attendance at the Pre-Bid Job Walk will be documented by signing in at the meeting. Any bidder not documented as being present at the Pre-Bid Job Walk will be excluded from the bid process. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga City Council, California, marked, "EPICENTER STADIUM LOCKER ROOM SHOWER TILE REPLACEMENT." Resolution No. PAGE 4 P52 PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provision of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or When the number of apprentices in training in the area exceeds a ratio of one to five, or When the trade can show that it is replacing~at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or 4. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. Resolution No. PAGE 5 The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Informatiori relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California; or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.8. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for.an amount equal to at least ten percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the. proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga City Council awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and an additional bond in an amount equal to one hundred percent (100%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon,' and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. P53 No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. Resolution No. PAGE 6 Contractor shall possess any and all contractors licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including but not limited to a "C54" (Ceramic and Mosaic Tile). In accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the California Business and Professions Code, Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga City Couhcil on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. Copies of the plans and specifications, available at the office of the City Engineer, will be furnished upon application to the City of Rancho Cucamonga and payment of $35.00 (THIRTY-FIVE DOLLARS), said $35.00 (THIRTY-FIVE DOLLARS) is non-refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non- reimbursable payment of $15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, California, reserves the right to reject any and all bids. Questions regarding this Notice Inviting Bids for EPICENTER STADIUM LOCKER ROOM SHOWER TILE REPLACEMENT may be directed to: Ty Quaintance/Michael Maston, Public Works Facilities Superintendent/Assistant Engineer Rancho Cucamonga, CA 91730 (909) 477-2700, ext. 4092 or 4139 (909) 477-2731, fax By order of the City Council of the City of Rancho Cucamonga, California. Dated this 17`h day of December 2008. P54 ADVERTISE ON: December 23, 2008 and December 30, 2008. P55 STAFF REPORT PUBLIC WORKS SERVICES DEPARTIDfENT Date: December 17, 2008 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Dave Blevins, Public Works Services Director By: Ty Quaintance, Facilities Superintendent RANCHO CUCAMONGA Subject: APPROVAL OF PLANS AND SPECIFICATIONS FOR THE "WEST BERYL PARK SPORT LIGHT WIRE REPLACEMENT" PROJECT AND AUTHORIZE THE CITY CLERK TO ADVERTISE THE "NOTICE INVITING BIDS" RECOMMENDATION It is recommended that the plans and specifications for the "West Beryl Park Sport Light Wire Replacement" project be approved and authorize the City Clerk to advertise the "Notice Inviting Bids". BACKGROUNDlANALYSIS On the evening of December 1, 2008, City staff was informed that all of the wiring for the sport light poles at the two West Beryl Park soccer fields had been pulled from their underground conduits and stolen. Staff investigated the extent of the theft, and determined that the material and labor cost to replace the wire is approximately $46,000. In order to prevent future theft of the replacement wire, staff is recommending the replacement project include the addition of theft-proof, in-ground "pull- boxes", and a security detection system that signals a monitoring agency if future tampering occurs. Staff estimates the addition of the theft-proof boxes and the security system will add an additional $14,000 to the project cast, bringing the total estimate to $60,000. Respectfully submitted,G~~ Dave Blevins Public Works Services Director DB:TO:sm P56 RESOLUTION NO. O$`Z.~f 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR WEST BERYL PARK SPORT LIGHT WIRE REPLACEMENT AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga City Council to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga City Council has prepared specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the specifications presented by the City of Rancho Cucamonga City Council be and are hereby approved as the specifications for the "WEST BERYL PARK SPORT LIGHT WIRE REPLACEMENT".. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the City Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga City Council will receive at the OFFICE OF THE CITY CLERK IN THE OFFICES OF THE CITY OF RANCHO CUCAMONGA, ON OR BEFORE THE HOUR OF 2:00 P.M. ON JANUARY 13, 2009, sealed bids or proposals for "WEST BERYL PARK SPORT LIGHT WIRE REPLACEMENT" in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California, 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga City Council, California, marked, "WEST BERYL PARK SPORT LIGHT WIRE REPLACEMENT." PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho P57 Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereintiefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provision of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract.- The ratio of apprentices to journeymen in such cases shall not be less than one to five except: When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or 2. When the number of apprentices in training in the area exceeds a ratio of one to five, or 3. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or 4. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, .wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. P58 Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.8. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least ten percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga City Council awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and an additional bond in an amount equal to one hundred percent (100%) of the contract price for said, work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or.labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. Contractor shall possess any and all contractors licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including but not limited to a "C10" (Electrical Contractor). In accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. P59 The Contractor, pursuant to the California Business and Professions Code, Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga City Council on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. Copies of the plans and specifications, available at the office of the City Engineer, will be furnished upon application to the City of Rancho Cucamonga and payment of $35.00 (THIRTY-FIVE DOLLARS), said $35.00 (THIRTY-FIVE DOLLARS) is non-refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non-reimbursable payment. of $15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, California, reserves the right to reject any and all bids. Questions regarding this Notice Inviting Bids for WEST BERYL PARK SPORT LIGHT WIRE REPLACEMENT may be directed to: Ty Quaintance, Facilities Superintendent or Andy Miller, Senior Electrician Rancho Cucamonga, CA 91730 (909) 477-2700, ext. 4092 or 4094 (909)477-2731, fax By order of the City Council of the City of Rancho Cucamonga, California. Dated this 17`" day of December 2008. ADVERTISE ON: December 23, 2008 and December 30, 2008. STAFF REPORT COMMUNITY SERVICES DEPARTMENT ~~ Date: December 17, 2008 RANCHO ~UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Kevin McArdle, Community Services Director By: Paula Pachon, Management Analyst III Subject: APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT RECOMMENDATION In accordance with the City Council's request to become more informed projects and events, this report is provided to highlight pertinent issues, occurring in the Community Services Department. This report is provided informational purposes only. Seniors: of recreation programs, projects and programs to the City Council for The following table highlights some senior activities that take took place during November 2008 as well as the total number of registrations for the year for Wellness Pass and Senior Transportation. Activity Date Number of Partici ants Senior Bi Band Dance November 2, 2008 39 Pool Tournament November 7, 2008 16 Silver Fox Follies November 9, 2008 500 Veterans Da Event November 10, 2008 200 Thanks ivin Dinner November 21, 2008 160 Senior Birthda November 26, 2008 120 Wellness Pass - A es 60+ 2008 Total Re istered - 1,336 Wellness Pass - A es 50-59 2008 Total Re istered - 647 Silver Fox Ex ress 2008 Total Re istered - 133 • Upcoming Senior Activities are summarized below: Activit Date Time Pool Tournament December 5, 2008 1:00 .m. Senior Bi Band Dance December 13, 2008 7:00 .m. Senior Holida Part December 18, 2008 9:00 a.m. Senior Birthda December 31, 2008 11:00 a.m. It is anticipated that the Senior Advisory Committee will hold its next regular meeting on Monday, January 26, 2009 at 9:00 a.m. at the Goldy S. Lewis Community Center. P60 • Participation in the Senior Nutrition Program for the month of November 2008 is summarized in the table on the following page: P61 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 2 DECEMBER 17, 2008 Week Date Partici ants 1 11/3 throw h 11/7/2008 1,083 2 11/10 throw h 11/14/2008 1,119 3 11/17 throw h 11/21/2008 1,123 4 11/24 throw h 11/26/2008 679 Total meals served for the month of November 2008: 4,004 Senior Services: The table below summarizes participation in Senior Services activities for the month of November 2008: Pro ram Number of Parfici ants Blood Pressure Screenin 83 Resource Libra 182 Bereavement Su ort 14 Elder Law Private Counselin 20 HICAP 3 Dr. Cohen - "The Doctor is In" 12 Peo le with Arthritis Can Exercise 280 Sit and Be Fit 320 Special Needs Programs: The table below highlights some special needs activities that took place and/or concluded during November 2008. Activity Start Date Number of Participants G mnastics Se tember 8, 2008 2 Star Performers -Intermediate Jul 2, 2008 21 Star Performers - Be innin Jul 2, 2008 4 Martial Arts - Be innin Se tember 8, 2008 5 Martial Arts -Intermediate Se tember 8, 2008 3 Ta - S ecial Needs Se tember 11, 2008 1 Jazz and Hi Ho - S ecial Needs Se tember 10, 2008 6 Movement and Tumblin - S ecial Needs Se tember 11, 2008 2 Special Needs events for the reporting period are summarized below: Activit Date Time IncredABLES Frida Ni ht Fun Club December 12, 2008 5:30 m - 7:30 m Holida Card-makin Worksho December 10, 2008 3:30 m - 4:30 m P62 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 3 DECEMBER 17, 2008 Tech Junction: The tables below summarize participation in Tech Junction activities for the month of November 2008: Senior Computer Classes Date Number of Partici ants Introduction to Windows and PC's November 3, 5, 10~ 12 20 Introduction to Surfin the Internet November 7, 14, 21, 28 15 Advanced Power Point Workshop November 17, 19, 24, 26 5 Introduction to Microsoft Excel November 4, 6, 11, 13 19 Microsoft Excel Workshop November 18, 20, 25, 27 17 Contract Computer Classes Date (8 weeks) Number of Partici ants Intro to Com uter, Internet and Email October 28, 2008 2 Intro to T in and Microsoft Word October 28, 2008 6 Tech Junction Date Number of Partici ants Dro In-Use November 513 Senior Classes November 238 Total uses/users November 864 • Upcoming Senior Computer Class activities are summarized below: Senior Com uter Classes Date Introduction to Windows and PC's December 1, 3, 8, 10 Introduction to Surfin the Internet December 5, 12, 17 Intro to PowerPoint December 2,4, 9, 11 Intro to Word Processing December 22, 24, 29, 31 Trips and Tours: The table below summarizes participation in Trips and Tours activities for the month of November and early December 2008: Trip Date Number of Partici ants Palm S rin s Follies November 19 43 Scottsdale Holiday November 25 - 29 1 USS Midway Tour in San Diego November 5 34 Branson Showtime December 4 - 9 2 P63 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PncE 4 DECEMBER 17. 2008 • Upcoming Trips and Tours are summarized below: Tri Date New ort Boat Parade of Li hts December 17 &18, 2008 120th Annual Tournament of Roses Parade January 1, 2009 The Gett Villa Janua 8, 2009 Federal Reserve Bank Janua 12, 2009 Facilities: • The table below illustrates the number of rentals/bookings and attendance figures for our community facilities during the month of November 2008: Facility Rentals # Rentals/ Bookin s Rental Attendance Building Attendance James L. Brulte Senior Center 73/180 3,961 19,239 Gold S. Lewis Communit Center 102/203 10,105 5,315 Youth: • The table below summaries youth program attendance for the month of November. Program Classes/Sites Registrants/Attendance Pla school 58/5 812/5,411 Lewis Partnership Kids Club @ 2/10 344 Evergreen, & Terra Vista A artments • Plavschool fall break was from November 24~' through 28'". • The number of Mobile Recreation "Fun on the Run" participants for November was: 145. • The fall schedule for "Fun on the Run" is listed below: Da of the Week Park Location Time Frame Monda Bear Gulch 2:30-5 m Tuesda Hermosa 2:30-5 m Wednesda Herita a 2:30-5 m Thursda Old Town 2:30-5 m Frida Windrows 2:30-5 m Teens: • The table below and on the following page summarizes Teen Program Attendance for the month of November. Pro ram/Activit Attendance /Partici ation Teen Center 490 Partici ants / 79 hrs Teen Center, CSD Rental, Meetin s 47 Partici ants / 11 hrs TRAC Meetin s, Snack Bars, S ecial Pro'ects 23 Partici ants / 2 Volunteers / 8 hrs TRAC- Bab sittin 68 Partici ants / 18 Volunteers / 106.5 hrs Teen Worksho sand Seminars 42 Partici ants / 105hrs P64 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 5 DECEMBER 17, 2008 Recreation Contract Classes: • Registration for the Department's recreation contract classes started on August 18, 2008. Classes started on September 6, 2008 and continue through the beginning of December. Number of Fall Classes Offered Sites Registrants 372 26 2,649 Facilities: • The table below illustrates the number of rentals/bookings and attendance figures for our community facilities during the month of November. Facility Rentals # Rentals/Bookings Rental Attendance Building Attendance Lions Center East 15/56 275 5,163 Lions Center West 38/114 465 3,185 Human Services: • The table below summarizes surplus food commodities distribution for the month of November. Pro ram/Activit Attendance /Partici ation Commodities at Senior Center # of Households - 432/ of Peo le in Households - 625 RC Family Resource Center: • The table below summarizes Center Programs/Workshoos Attendance for the month of November. Pro ram/Worksho Attendance /Partici ation Salvation Arm Food Pant 45 De artment of Children Services 56 WE CAN Youth Summit 160 Health Care Benefits for All 5 Communit Care Hos ice 16 Children Crisis Res onse Team 9 O tion House 3 House of Ruth Domestic Violence Class 48 Ain and Adult Services 3 Reach Out West End Health Teens 28 Communit Ba tist Church 25 Communit Closet Giveawa 387 Chaffe Adult School ESL 64 Alcohol Anon mous 57 Famil Ni ht 52 Cam Fire USA g RC Food Pant 20 Thanks ivin Basket Giveawa s 90 Health Families 7 Youth Accountability Board 19 P65 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 6 DECEMBER 17, 2008 Pro ram/Worksho Attendance /Partici ation Hi Ho Class 32 Communit Senior Service 29 TOTAL 1,163 The table below summarizes the number of Clients Served by Each Agencv Housed at the RCFRC for the month of November. Resource Based A encies Clients Served Touch Ministries 29 Beaut for Ashes 24 House of Ruth 48 Communit Crisis Res onse Team 7 Ea les Wins 24 Leadin Ladies 2 TOTAL 134 Volunteers: The table .below summarizes the Community Services Department's volunteer usage for the month of September 2008. 'Based on $19.74/hour- State average as determined the California Independent Sector. Youth sports: • The table below summarizes Youth Sports Activities for the October reporting period: Activit #Partici ants A e/Gender # Teams Northtown - Hi -Hop 13 3-5/ iris & bo s N/A Northtown Pee Wee Soccer 10 3-5/ iris & bo s N/A Northtown Youth Soccer 40 7-14/bo s & irls 4 Youth S orts Fla football 203 6-13/bo s & iris 18 Youth Volle ball 206 7-16/ irls 22 Pee Wee Fall Basketball 240 3-5/bo s & iris 24 Activity # Participants Age/Gender # Teams CMS Judo 41 7-12 girls & boys N/A Division SEPTEMBER 2007 # of # of Vols. Hours $ Value" SEPTEMBER 2008 # of # of Vols. Hours $ Value* Administration 5 15 $296 5 15 $296 Senior Services 145 2,006 $39,598 99 1,587 $31,327 Human Services 25 78 $1,540 23 89 $1,757 S orts 171 985 $19,444 94 394 $7,778 S ecial Events 1 6 $118 0 0 $0 Performin Arts 83 614 $12,120 66 597 $11,785 Teens 26 224 $4,422 9 66 $1,303 Youth Pro rams - - $0 - - $0 Totals 456 3,928 $77, 538 296 2,748 $54,246 P66 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 7 DECEMBER 17, 2008 RC Family Sports Center: The table below provides drop-in/open play and rental participation at the Center for the reporting period: Activit #Partici arils Adult Basketball 429 Youth Basketball 328 Adult Rac uetball 379 Youth Rac uetball 39 Adult Volle ball 1 Youth Volle ball 24 Adult Walle ball 2 Youth Walle ball 117 Jazzercise 1,025 Rentals 225 Youth Judo 67 Adult Sports: The table below summarizes adult sport activities for the reporting period: Activit #Partici ants # Team Gender Softball 2,335 166 Males & Females Adult Basketball 190 30 Males Racquetball Soccer 20 307 N/A 30 Males & Females Males & Females There were three (3) Adult Softball Tournaments during the month of November at the Epicenter. Special Events: The table below includes a listing of special events that took place during the reporting period. Date Time Event Location Saturday, November 1, 2008 10:00 am - RC Chamber of Epicenter Adult Sports Midnight Commerce Grape Complex Harvest Festival Saturday, November 1, 2008 10 am - 12 Furry Friends Festival Epicenter Adult Sports noon Com lex Saturday, November 1, 2008 1:00 pm CSD Grape Pumpkin Epicenter Adult Sports Race Com lex Sunday, November 2, 2008 9:00 am - Pancake Breakfast Epicenter Adult Sports 11:00 am Complex Sunday, November 2, 2008 10:00 am - RC Chamber of Epicenter Adult Sports 7:00 pm Commerce Grape Complex Harvest Festival Sunday, November 2, 2008 1:00 pm - CSD -sponsored Bingo Epicenter Adult Sports 4:00 pm Complex P67 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 8 DECEMBER 17, 2008 Date Time Event Location Sunday, November 2, 2008 11:00 - City Department Fair Epicenter Adult Sports 3:00 m Com lex Saturday, November 8, 2008 9:30 am - Founders Community Victoria Gardens - 1:00 pm Parade & City Birthday Bank of America Celebration & Parade Imagination Courtyard Awards Saturday, November 8, 2008 11:00 am - Etiwanda Historical 7150 - 7168 Etiwanda 3:00 m District Street Faire Avenue Saturday, November 8, 2008 7:30 pm Tiffany Performance Lewis Family Pla house Sunday, November 9, 2008 3:00 pm Silver Fox Follies Lewis Family Pla house Friday, December 12, 2008 5:00 pm - Ice Rink opens as a part VGCC -Bank of 10:00 pm of the Snowflake America Imagination Festival Court and Saturday, December 13, 2008 10:00 am - Ice Rink & Snow Play as VGCC -Bank of 6pm apart of the Snowflake America Imagination Festival Court and Saturday, December 13, 2008 5:00 pm Story time & Movie - VGCC -Lewis Family Polar Express as a part Playhouse of the Snowflake Festival Sunday, December 14, 2008 10:00 am - Ice Rink continues as a VGCC -Bank of 3:00 pm part of the Snowflake America Imagination Festival Court and Cultural and Performing Arts: The table below summarizes Theatre Arts Academy classes during the reporting period: Activit Partici ants/Attendance Musical Theatre Worksho 73 Teen Actors Bootcam 28 Sin in for a Lifetime 120 Broadwa Babies 75 Youth Theater Worksho 6-10 188 Theater Games 32 Show Sto ers 25 Adult Im rov 7 Movie Monolo ues 6 TOTAL 554 • Community Theatre rehearsals included the following during the reporting period. Activit Partici ants/Attendance Noises Off. 140 • Court Yard Programs Included the following during the reporting period. Activit Partici ants/Attendance Founder's Festival 3, 000 P68 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 9 DECEMBER 17, 2008 Rental Activities: • The table on the following page summarizes rental activities in Celebration Hall at the Cultural Center for the reporting period: Celebration Hall Rental Events Date Event Attendance 11/4/08 Re istrar of Voters 1,000 11/6/08 Libra School Tours 155 11/8/08 Weddin Rece tion 250 11/10/08 Real Estate Trainin 120 11/13/08 Libra School Tours 155 11/13/08 Bus Tour 300 11/17/08 Libra School Tours 155 11/18/08 Real Estate Seminar 50 11/19/08 CREW 55 11/20/08 Piano Recital 50 11/22/08 RDA Event 250 11/22/08 Weddin Rece tion 115 11/29/08 Weddin Rece tion 125 TOTAL 2,780 Lewis Family Playhouse: During the reporting period, the Lewis Family Playhouse was host to a wide variety of productions community programs and private rentals. The table below summarizes this information for the reporting period: ~~ Lewis~Famil ~'P.la house P.rofessionall Presented Productions, NUMBER SHOW DATE Tickets Sold . OF EVENTS James and the Giant Peach 11/1 & 11/2 423 2 Tiffan 11/8 324 1 Warren Miller Ski Film 11/6 247 1 ~ Lewis.Famil Pla"House Commumt~ .THeat~e Productions NUMBER SHOW DATE Tickets Sold OF EVENTS 11/21, 11/22, 11/23, 11/28, 11/29, Noises Offs 11/30 1022 6 t'a P ~ t p ENIt~ 1~ 1 ~ nr 7! ~ '+ia.- ~l i <~ Ct °'F ~ ~~C ~ G` ~ \ t {' '~ Y '. I { ~ ~ Yet 'S h J' Yd Y ~ ~ ~i~,~` ~G'].b 4 ~ I + V ~ ~ ~ ~ ~ Y ' a b ,, t 'rt k~ i 9 ~. .f i :,, RentaLEvents P ~ t~^~ ~ t Famil Pla" house " 'A <'' ~~;^~ ~ Lewis <~ : ¢;~~~ 7 ` ~ ~ : n r ; ; ~ , . , ~, , ? ,, ,~,,. , ,;, , ~ , ~. . ~., ~.. ~." NUMBER SHOW DATE Tickets Sold OF EVENTS Silver Fox Follies 11/9/08 527 1 P69 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 10 DECEMBER 17, 2008 The table below reflects number of tickets. sold for various performances during the reporting period. /t does not reflect actual patrons in attendance. Public Lobby: • The Lobbv to the Victoria Gardens Cultural Center is open to the public seven days a week. During the reporting period, 742 local residents visited the public areas. Parks: • The table below provides usage information for park picnic shelters and special use facilities for the month of November 2008: Park/Shelter Attendance # Rentals Red Hill 1735 39 Herita a 799 20 Milliken 476 17 Hermosa 321 14 Da Creek 330 12 Co ote Can on 218 11 Civic Center Court and 250 1 Am hitheatre 50 2 TOTAL 4179 116 Equestrian Participants:380 S ectators:105 18 Equestrian participants include drop-in use. • Park monitors keep daily reports of activities in our parks, often helping out residents in need of assistance. Equestrian Center: Staff continues to meet quarterly with users of the Equestrian Center (Alta Loma Riding Club, Rancho Rebels 4-H, Rising Stars of Equestrian Therapy and Rancho Cucamonga Citizen Mounted Patrol) to address maintenance needs and programming. Epicenter Rentals/Activities: • The Public Works Division has scheduled major renovation projects for the Epicenter Stadium during the timeframe of September 215` through December 2008. Park and Recreation Commission: The Park and Recreation Commission will not meet during December 2008. There next regularly scheduled meeting is on Thursday, January 15, 2009. Items currently scheduled for this meeting include: - Election of Officers. - Consideration of appointments of Park and Recreation Commissioners to various subcommittees. - Consideration of Commissioner's attendance at the 2009 California and Pacific Southwest Recreation and Park Training Conference to be held March 3-6, 2009, in Santa Clara. California. P70 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 11 DECEMBER 17, 2008 - Review of the Community Services Department's 2007/2008 Program Report. - Presentation of new web based application on RCpark.com promoting "Healthy RC Community Challenge'. - Community Services marketing update. - Update orr plans to revise the annual programming of the Department's recreational programs due to change in school calendar: - Discussion regarding the marketing of resident/non-resident fees. - Senior Advisory Committee update. - Sports Advisory Committee update. - Consideration and discussion regarding reclassification of resident and non-resident fees. - Review of and recommendation to City Council of a street banner schedule for 2009. Rancho Cucamonga Community Foundation: • The Community Foundation continues to work securing significant donations for the Victoria Gardens Cultural Center. • The Community Foundation held their successful $100,000 Golf Tournament on November 17`" at the Red Hill Country Club. Proceeds from this fundraiser will help to support programs and activities at the Lewis Family Playhouse at the Cultural Center. A special meeting of the Community Foundation Board is being planned for early December 2008. The following items are scheduled for discussion at this meeting. - Election of Chair for the Foundation's Board of Directors for FY 2008/2009. - Update and evaluation of the Community Foundation's $100,000 Golf Tournament held November 17, 2008, at Red Hill Country Club. - Discussion on the 2009 Gala for the Arts. - Update on the Patron of the Arts volunteer program. - Update and discussion regarding a proposed program to announce the 2009/2010 season for the Lewis Family Playhouse. - Brainstorming regarding potential future support of visual arts programs by the Community Foundation. Services Director I:ICOMMSERVICouncil&BoardslCityCouncillStaNReports120081CSD.Update 12.17.08.doc STAFF REPORT ENGINEERING DEPARTbSENT Date: December 17, 2008 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer ', ~~~ RANCHO C,UC.9MONGA Subject: APPROVE AND AUTHORIZE THE MAYOR TO EXECUTE A TRANSFERRED AND NEW MUNICIPAL DEPARTING LOAD NONBYPASSABLE CHARGES AND COST RESPONSIBILITY SURCHARGE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON. RECOMMENDATION: It is recommended that the Council approve and authorize the Mayor to execute a Transferred and New Municipal Departing Load Nonbypassable Charges Agreement with Southern California Edison in the total amount of $4,200,000 with $300,000 due upon execution of the Agreement with the remainder due in three installments of $1,300,000 due at the end of each Fiscal Year starting June 30, 2009, to be funded from Account Number 1705303-5309. BACKGROUND ANALYSIS: On August 31, 2001, the Rancho Cucamonga City Council authorized the creation and operation of a municipally owned utility (RCMU) for the purpose of providing various utility services. Subsequently, on August 21, 2002, the Redevelopment.Agency authorized the filing of a Wholesale Distribution Access Tariff Application with Southern California Edison Company (SCE) for an interconnection facility. The Interconnection Facilities and Service Agreements with SCE were filed with the Federal Energy Regulatory Commission. The ihterconnection facility known as the Arbors substation was constructed and energized in February 2004. Municipal Departing Load (MDL) Cost Responsibility Surcharges (MDL CRS) are the costs imposed by order of the California Public Utilities Commission (CPUC) on customers of a local publicly owned electric utility who would have otherwise received service from an investor-owned utility (IOU). Such costs are commonly referred to as "Exit Fees." These charges include the cost of power purchase contracts entered into by the State of California on behalf of the IOUs (DWR contracts) during the 2001 energy crisis and other IOU charges. In March 2005, the CPUC directed its staff to establish a Working Group to produce the calculations required for the CPUC to calculate the "Exit Fee" obligation of POU customers. The City, which had participated in MDL litigation at the CPUC, assumed a leadership role in the Working Group. The CPUC directed the IOUs to begin billing and collecting the MDL CRS, and authorized the parties to voluntarily negotiate bilateral agreements. The City and SCE have negotiated payment of all past and future charges applicable to MDL that currently exist and may subsequently develop. The "Exit Fees" associated with the City assuming service to the existing Animal Shelter, Epicenter, and City Hall have been included in the subject Agreement. P71 CITY COUNCIL STAFF REPORT APPROVE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON December 17, 2008 Paoe 2 In summary, the subject Agreement with SCE to cover the "Exit Fees" obligation of the RCMU customer base from its origination in 2003 through 2022 is predicated on the following main principals: • The total negotiated obligation is $3.9m (Present Value) plus $300,000 for "Exit Fees" associated with transferring to RCMU three City facilities (City Hall, Animal Care Building, and the Epicenter). • Payment schedule of $300,000 due upon execution of the Agreement with remainder due in three installments ($1.3m) at the end of each Fiscal Year starting June 30, 2009. Funding is covered by RCMU's fund balance. • The above settlement covers all cost of RCMU's current customer base and future growth for greenfield development in the designated area. • Dispute resolution is through mediation before going to court. Staff recommends approval of the Agreement, as it represents a reasonable compromise and a final settlement of MDL obligations that is, on balance, beneficial to the City's customers and to the City's interests. Respectfully submitted, ...Ste er Director of Engineering Services/City Engineer MAS:rIc P72 Attachment STAFF REPORT CIT'1' CLERK'S OFFICE Date: December 17, 2008 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Debra L. McKay, MMC, Records Manager/Assistant City Clerk BY~ Kathryn L. Scott, CMC, Assistant City Clerk ~~~ - _ ~, ~r RANCHO ~;UCAMONGA Subject: CONSIDERATION OFADOPTING-UPDATED CONFLICT OF INTEREST CODES RECOMMENDATION tt is recommended that the City Council approve the attached Resolution which updates existing Conflict of Interest Codes for designated personnel. BACKGROUND/ANALYSIS On June 4, 2008, through an action by the City Council, the City Clerk was directed to proceed with the biennial review of all Conflict of Interest Codes, which is a requirement of the Political Reform Act. Due to various changes of job classification titles, job responsibilities and the deletion of various positions in several departments, the attached Resolution was prepared and is submitted to update the existing Conflict of Interest Codes for City personnel. It has been determined that the designated employees listed in Appendix "A", in addition to appointed and elected officials, make or participate in the making of decisions which may foreseeably have a material effect on economic interests. If you have any questions regarding the approval of the attached Resolution, please feel free to contact me. Respectfully submitted, I~~ ~ ~ ~.z.,~~ De a McKay, MMC Records Manager/Assistant City Clerk Attachments: City Council Resolution Exhibit "A" (FPPC Model Code) Appendix "A" (Designated Positions) Appendix "B" (Disclosure Categories) P73 P74 RESOLUTION NO. 80-049(1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING AN UPDATED CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE STANDARD CONFLICT OF INTEREST CODE PREPARED BY THE FAIR POLITICAL PRACTICES COMMISSION AND REPEALING RESOLUTION NO. 80-049(H) A. RECITALS. (1) The Political Reform Act, Government Code Section 81000, et seq., requires the City to adopt a conflict of interest code for the City. (2) The Fair Political Practices Commission has adopted a Model Conflict of Interest Code (the "Model Code"). The Model Code, codified at 2 Cal. Code of Regulations Section 18730, can be incorporated by reference by the City as its conflict of interest code. That Model Code will be amended by the Fair Political Practices Commission from time to time to conform to amendments to the Political Reform Act. (3) The titles of various employees and positions in the City have changed or been added since the last adoption of an updated conflict of interest code, thereby necessitating an amendment to the City's current conflict of interest code. B. RESOLUTION. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: 1. The Model Code, attached hereto as Exhibit "A" and any amendments to it duly adopted by the Fair Political Practices Commission, and Appendices "A" and "B" are hereby incorporated by reference and shall constitute the Conflict of Interest Code for the City. 2. Persons holding designated positions listed in Appendix "A"shall file Statements of Economic Interest pursuant to Section 5 of the Model Code with the information required for the disclosure category assigned to them and specified in Appendix ..B.. City Council Resolution No. 80-049(H) is hereby repealed. 4. The City Clerk shall certify to the adoption of this Resolution. Please see the following page for lormal adoption, certilication and s/gnaiures P75 Resolution No. 80-049(I) Page 2 of 15 PASSED, APPROVED, AND ADOPTED this 17~" day of December 2008. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Donald J. Kurth, M.D., Mayor ATTEST: Janice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 17~h day of December 2008. Executed this 18t"day of December 2008, at Rancho Cucamonga, California. Janice C. Reynolds, Acting City Clerk P76 Resolution No. 80-049(I) Page 3 of 15 EXHIBIT "A" FPPC MODEL CODE § 18730. Provisions of Conflict of Interest Codes. (a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Government Code section 87300 or the amendment of a conflict of interest code within the meaning of Government Code section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Government Code sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Government Code section 87100, and to other state or local laws pertaining to conflicts of interest. (b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows: (1) Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. sections 18100, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories. This code does not establish any disclosure obligation for those designated employees who are also specified in Government Code section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within thejurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Government Code sections 87200, et seq. In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply: (A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency; (B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Government Code section 87200; and (C) The filing officer is the same for bath agencies.' P77 Resolution No. 80-049(I) Page 4 of 15 Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those economic interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's disclosure categories are the.kinds of economic interests which he or she foreseeably can affect materially through the conduct of his or her office. (4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code. s (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1 (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office. (5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following' (1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (8) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. P78 Resolution No. 80-049(I) Page 5 of 15 (B) Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming offce whichever is later, or for a board or commission member subject to Government Code section 87302.6, the day after the closing date pf the most recent statement filed by the member pursuant to 2 Cal. Code Regs. Section 18754. (D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. (7) Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investments and Real Property Disclosure. When an investment or an interest in real property' is required to be reported,° the statement shall contain the following: 1. A statement of the nature of the investment or interest; 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; 3. The address or other precise location of the real property; 4. A statement whether the fair market value of the investment or interest in real property equals or exceeds two thousand dollars ($2,000), exceeds ten thousand dollars ($10,000), exceeds one hundred thousand dollars ($100,000), or exceeds one million dollars ($1,000,000). (B) Personal Income Disclosure. When personal income is required to be reported,5 the statement shall contain: 1. The name and address of each source of income aggregating five hundred dollars ($500) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source; 2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars ($1,000) or less, greater than one thousand dollars ($1,000), greater than ten thousand dollars ($10,000), or greater than one hundred thousand dollars ($100, 000); 3. A description of the consideration, if any, for which the income was received; P79 Resolution No. 80-049(I) Page 6 of 15 4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received; 5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan. (C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6 the statement shall contain: 1. The name, address, and a general description of the business activity of the business entity; 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000). (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. , (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially orwholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. (8) Section 8. Prohibition on Receipt of Honoraria. (A) No member of a state board or commission, and no designated employee of a state or local governmeht agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part time member of the governing board of any public institution of higher education, unless the member is also an elected official. .Subdivisions (a), (b), and (c) of Government Code section 89501 shall apply to the prohibitions in this section. This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Government Code section 89506. (8.1) Section 8.1 Prohibition on Receipt of Gifts in Excess of $420 (effective January 1, 2009). (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $420 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (e), (f), and (g) of Government Code section 89503 shall apply to the prohibitions in this section. (8.2) Section 8.2. Loans to Public Officials (A) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control. P80 Resolution No. 80-049(I) Page 7 of 15 (B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions orto any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following: 1. Loans made to the campaign committee of an elected officer or candidate for elective office. 2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. time. 3. Loans from a person which, in the aggregate, do not exceed five hundred dollars ($500) at any given 4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms. (A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of five hundred dollars ($500) or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans: 1. Loans made to the campaign committee of the elected officer. 2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the Icon is not acting as an agent or intermediary for any person not otherwise exempted under this section. P81 Resolution No. 80-049(I) Page 8 of 15 3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code. (8.4) Section 8.4. Personal Loans. (A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances: 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired. 2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following: a. The date the loan was made. b. The date the last payment of one hundred dollars.($100) or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than two hundred fifty dollars ($250) during the previous 12 months. (B) This section shall not apply to the following types of loans: _ 1. A loan made to the campaign committee of an elected officer or a candidate for elective office. 2. A loan that would otherwise not be a gift as defined in this title. 3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due. 4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations. 5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy. (C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code. (9) Section 9. Disqualification. No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on: (A) Any business entity in which the designated employee has a direct or indirect investment worth two thousand dollars ($2,000) or more; (B) Any real property in which the designated employee has a direct or indirect interest worth two thousand dollars ($2,000) or more; P82 Resolution No. 80-049(I) Page 9 of 15 (C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard tc official status, aggregating five hundred dollars ($500) or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $420 or more (effective January 1, 2009) provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made. (9.3) Section 9.3. Legally Required Participation. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees. In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken: (A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value one thousand dollars ($1,000) or more. (10) Section 10. Disclosure of Disqualifying Interest. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Government Code section 83114 and 2 Cal. Code Regs. sections 18329 and 18329.5 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations. This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code sections 81000 - 91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Government Code section 87100 or 87450 has occurred may beset aside as void pursuant to Government Code section 91003. P83 Resolution No. 80-049(I) Page 10 of 15 NOTE: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300 87302, 89501, 89502 and 89503, Government Code. Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and fle copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Government Code section 81004. 2See Government Code section 81010 and 2 Cal. Code of Regs. section 18115 forthe duties offiling officers and persons in agencies who make and retain copies of statements and forward the originals to the fling officer. 'For the purpose of disclosure only (not disqualifcation), an interest in real property does not include the principal residence of the flee °Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or benefcial interest of 10 percent or greater. SA designated employee's income includes his or her commuriity property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. filncome of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer. P84 APPENDIX A DESIGNATED POSITIONS Designated Position Administrative Resources Manager Municipal Utility Animal Care and Services Director Animal Center Manager Assistant-City Engineer Assistant Cit Manager ssistarit'Libra, IDirec~tor' . ssistan &P..Iamm~g~Directo, Assistant to the City Manager Building and Safety Official BuildrngFPnspectiontSupecvisor, City Attorney City Council Member City Manager CCU Treasurer Gode:E • forderment;=Superuisor, Community Services Director Community Services Marketing Manager Community Services Superintendent Finance Director GIS/Special Services Manager Historic Preservation Commission Member Human Resou~ces.Offic'~ er, Infor_'rnatiori Seryices,Manage'r. Library Board of Trustees Member Library Director Library Services Manager Management Analyst III -Administrative Services Park and Recreation Commission Member Parks/Landscape Maintenance Superintendent Plan ;Check & Jnspe"coon, Manager Planning Commissioner Planning Director Resolution No. 80-049(I) Page 11 of 15 Disclosure Categories 2, 5, 6, 7 2, 3, 4, 5 2, 3, 4, 5 2, 5, 6, 7 2, 3, 4, 5 2, 5, 15, 16 2, 5, 6, 7 2, 3, 4, 5 2,5,6,7 2, 5, 6, 7 1 2, 5, 6, 7 2, 5, 8, 9 2, 5, 8, 9 2,5,8,9 10 2, 3, 4, 5 2,5,6,7 2, 5, 6, 7 2, 5, 6, 7 2, 5, 17, 18 2, 5, 11, 12 2, 5, 13, 14 2, 5, 6, 7 2, 5, 19, 20 2, 5, 13, 14 2, 5, 15, 16 2, 5, 15, 16 2, 5, 15, 16 2, 5, 13, 14 2, 5, 8, 9 2, 5, 17, 18 2, 5, 6, 7 P85 Principal Librarian Principal Planner Public Works Maintenance Manager Purchasing Manager Records Manager iss ~Manag_emenfCoocdirato~ Senior Civil Engineer Senior Park Planner Senior Planner Street/Storm Drain Maintenance Superintendent Traffic Engineer Notes: Resolution No. 80-049(I) Page 12 of 15 2, 5, 15, 16 2, 5, 6, 7 2, 5, 17, 18 2, 5, 13, 14 2, 5, 19, 20 2, 5, 19, 20 2, 5, 6, 7 2, 5, 6, 7 2, 5, 6, 7 2,' 5, 17, 18 2, 5, 6, 7 pdder'"~'~ d IV w Revised P86 Resolution No. 80-049(I) Page 13 of 15 APPENDIX B DISCLOSURE CATEGORIES 1. Disclosure is required on FPPC Form 700 pursuant to Government Code Section 87200. No additional disclosure is required by this Conflict of Interest Code. 2. Reportable interest in real property in the jurisdiction. (FPPC Form 700, Schedule B). 3. Reportable income and business positions. (FPPC Form 700, Schedule C). 4. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2). 5. Reportable Income -gifts and travel payments. (FPPC Form 700, Schedules D and E). 6. Reportable income, loans and business positions from persons and business entities having an interest in real property in thejurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services within the jurisdiction subject to the inspection, review or approval of the Community Development Department. (FPPC Form 700, Schedule C). 7. Reportable investments in any business entities having an interest in real property in the jurisdiction or.that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services within the jurisdiction subject to the inspection, approval or review of the Community Development Department. (FPPC Form 700, Schedules A-1 and A-2). 8. Reportable income, loans and business positions from persons and business entities from which the City purchases, plans to purchase, or has purchased within two years prior to the time a statement is required under this conflict of interest code, supplies, materials, or services subject to the direction, supervision or control of the Community Services Department. (FPPC Form 700, Schedule C). 9. Reportable investments in business entities from which the City purchases, plans to purchase, or has purchased within two years prior to the time a statement is required under this conflict of interest code, supplies, materials, or services subject to the direction, supervision or control of the Community Services Department. (FPPC Form 700, Schedules A-1 and A-2). 10. For consultants who serve in a staff capacity with the City, the consultant shall disclose based on the disclosure categories. assigned elsewhere in this code for that staff position. For consultants who do not serve in a staff capacity, the following disclosure categories shall be used. P87 Resolution No. 80-049(I) Page 14 of 15 Persons required to disclose in this category shall disclose pursuant to categories A, B, C and D below unless the Department Director determines in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in categories A, B, C and D. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Department Director's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. A. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B). B. Reportable income, loans and business positions. (FPPC Form 700, Schedule C). C. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2). D. Reportable Income -gifts and travel payments. (FPPC Form 700, Schedules D and E). 11. Reportable income, loans and business positions from any financial institution in which the City deposits funds, plans to deposit funds, or has deposited funds within two years prior to the time any statement is required under this conflict of interest code. (FPPC Form 700, Schedule C). 12. Reportable investments in any financial institution in which the City deposits funds, plans to deposit funds, or has deposited funds within two years prior to the time any statement is required under this conflict of interest code. (FPPC Form 700, Schedules A-1 and A-2). 13. Reportable income, loans and business positions from persons and business entities from which the City purchases, plans to purchase, or has purchased within two years prior to the time a statement is required under this conflict of interest code, supplies, materials, or services subject to the direction, supervision or control of the Administrative Services Department. (FPPC Form 700, Schedule C). 14. Reportable investments in business entities from which the City purchases, plans to purchase, or has purchased within two years prior to the time a statement is required under this conflict of interest code, supplies, materials, or services subject to the direction, supervision or control of the Administrative Services Department. (FPPC Form 700, Schedules A-1 and A-2). 15. Reportable income, loans and business positions from persons and business entities from which the Library purchases, plans to purchase, or has purchased within two years prior to the time a statement is required under this conflict of interest code, supplies, materials, or services subject to the direction, supervision or control of the Library. (FPPC Form 700, Schedule C). P88 Resolution No. 80-049(I) Page 15 of 15 16. Reportable investments in business entities from which the Library purchases, plans to purchase, or has purchased within two years prior to the time a statement is required under this conflict of interest code, supplies, materials, or services subject to the direction, supervision or control of the Library. (FPPC Form 700, Schedules A-1 and A-2). 17. Reportable income, loans and business positions from persons and business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services within the jurisdiction subject to the inspection, review or approval of the Public Works Services Department ofthe Community Development Department. (FPPC Form 700, Schedule C). 18. Reportable investments in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services within the jurisdiction subject to the inspection, approval or review of the Public Works Services Department of the Community Development Department. (FPPC Form 700, Schedules A-1 and A-2). 19. Reportable income, loans and business positions from persons and business entities from which the Administration Department purchases, plans to purchase, or has purchased within two years prior to the time a statement is required under this conflict of interest code, supplies, materials, or services subject to the direction, supervision or control of the Administration Department. (FPPC Form 700, Schedule C). 20. Reportable investments in business entities from which the Administrative Services Department purchases, plans to purchase, or has purchased within two years prior to the time a statement is required under this conflict of interest code, supplies, materials, or services subject td the direction, supervision or control of Administration. (FPPC Form 700, Schedules A-1 and A-2). STAFF REPORT \ ~ - PUBLIC WORI:S SERVCIES DEPARTMENT RANCHO Date: December 17, 2008 C,UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Dave Blevins, Public Works Services Director By: Ernest Ruiz, Streets, Storm Drains and Fleet Maintenance Superintendent Subject: APPROVAL FOR AWARD AND AUTHORIZE THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH AUFBAU CORPORATION (CO # ) OF RANCHO CUCAMONGA FOR THE CREATION OF THE PLANS, TECHNICAL AND STANDARD SPECIFICTIONS, AND ESTIMATES FOR VARIOUS BRIDGE MAINTENANCE WORK WITHIN THE CITY IN THE AMOUNT OF $209,187 ($190,170 CONTRACT AMOUNT PLUS A 10% CONTINGENCY OF $19,017) TO BE FUNDED FROM 1112303-5650/1542112-0 (DRAINAGE FAC/GENERAL) RECOMMENDATION It is recommended that the City Council approve the award and authorize the execution of a Professional Services Agreement with Aufbau Corporation (CO # ) of Rancho Cucamonga to prepare plans, technical and standard specifications, and estimates for various bridge maintenance work within the city in the amount of $209,187 ($190,170 contract amount plus a 10% contingency of $19,017) to be funded from 1112303-5650/1542112-0 (Drainage Fac/General). BACKGROUND/ANALYSIS The Public Works Services Department receives thirty-four bridge inspection reports from Caltrans bi-annually on the general condition of our bridge decks. From these inspections, Caltrans recommended maintenance required on 12 bridge decks. Based on Caltrans recommendations, Public Works retained Aufbau Corporation in March 2008 to perform more detailed inspections, prepare in-depth inspection reports and provide a scope of work for the purpose of going out to bid. Aufbau has completed this phase of the review of the bridge decks to the City's satisfaction and have now submitted their proposal for the development of the plans, specifications and engineer's estimates for the repair of these bridge decks. Therefore, staff recommends authorizing the execution of a Professional Services Agreement with Aufbau for the completion of these plans and specifications. Respectfully submitted, t/~ Dave Blevins Public Works Services Director P89 DB:ER/sm STAFF REPORT ENGINEERING SERVICES DEPdRThIENT ' Date: December 17, 2008 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Trina Valdez, Public Services Technician II _~ RANCHO CUCAMONGA Subject: RELEASE OF MAINTENANCE CASH DEPOSIT FOR DRC2005-00704, LOCATED ON THE WEST SIDE OF HELLMAN AVENUE 300 FEET SOUTH OF ARROW ROUTE, SUBMITTED BY KBARCO, LLC RECOMMENDATION It is recommended that City Council authorize the City Clerk to release the Maintenance Cash Deposit, for DRC2005-00704; located on the west side of Hellman Avenue 300 feet south of Arrow Route, submitted by KBARCO, LLC BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. DEVELOPER KBARCO,LLC 175 Vermont Avenue Glendora, CA 91740 Release: Maintenance Cash Deposit Respectfully submitted, ark A. Steuer Director of Engineering Services/City Engineer MAS:TLV #CR105706 $2,510.00 P90 Attachment P91 Vicinity Map N.T.S. ITEM: DRC2005-00704 TITLE: Vicinity Map EXHIBIT "A" City of Rancho Cucamonga STAFF REPORT ENGINEERING SERVICES DEPARTMENT Date: December 17, 2008 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Trina Valdez, Public Services Technician II , RANCHO CUCAMONGA Subject: RELEASE OF MAINTENANCE GUARANTEE BOND FOR TRACT 16567, LOCATED BETWEEN FOOTHILL BOULEVARD AND SAN BERNARDINO ROAD .AND BETWEEN HELLMAN AND MALACHITE AVENUES, SUBMITTED BY WL ROUTE 66 ASSOCIATES RECOMMENDATION It is recommended that City Council authorize the City Clerk to release the Maintenance Guarantee Bond, for Tract 16567, located between Foothill Boulevard and San Bernardino Road and between Hellman and Malachite Avenues, submitted by WL Route 66 Associates BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. DEVELOPER WL Route 66 Associates 255 E. Rincon Street, Suite 100 Corona, CA 92879 Release: Maintenance Guarantee Bond #SU5013810-A $64,120.00 Respectfully submitted, euer Director of Engineering Services/City Engineer MAS:TLV P92 Attachment P93 e fV crTx of RANCHO CUCAMONGA ITEM: ~~ ®~~~~ TIT'd,E: ~~~~{/~~~~~~ ENGINEERING DIVISION STAFF REPORT ENGINEERING SERhICES DEP.9RTMENT ~ ~ 1 RANCHO Date: December 17, 2008 C,UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Jerry A. Dyer, Senior Civil Enginee Shelley Hayes, Assistant Engineer' kC Subject: RELEASE OF FAITHFUL PERFORMANCE BOND NO. 6473438, RETAINED IN LIEU OF MAINTENANCE GUARANTEE BOND, IN THE AMOUNT OF $113,120.00, FOR HERITAGE PARK EMERGENCY SEWER RETROFIT IMPROVEMENTS, CONTRACT NO. 07-138 RECOMMENDATION It is recommended that the City Council authorize the City Clerk to release Faithful Performance Bond No. 6473438, retained in lieu of Maintenance Guarantee Bond, in the amount of $113,120.00, for the Heritage Park Emergency Sewer Retrofit Improvements, Contract No. 07-138. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the improvements remain free from defects in materials and workmanship. Contractor: Albert W. Davies, Inc. 8737 Helms Avenue Rancho Cucamonga, CA 91730 Respectfully submitted, ~` k--A:-Steuer Director of Engineering Services/City Engineer MAS/JAD/SH:Is P94 Attachment PROJECT AREA NIAP G ._ _ _~ _- . _ ~ ~ ; ! I a __ NILLSI-Ei'RD _ _.. a t z;' t a; ~~ _~. Yom, 6 P Q:I: ~~ W J' u j~. ~ a W _- __ NI!LSIDc RD:_~ a ~. s a .:....._'_ j~ o. '. m ail .'I ~.I ~~ U .. ¢:~ 6j~ -.. Li;l I: .o -... LENDN AVE.a II w il. ~ vi'! ~HiuHLAND A~ I' MDNTE UPLAND ~ - ~_'!. '~ i ' I a al. ~ ' (• J ~ ~' ¢' ~L... SUR ' >' P _ ' CHURCH ST -__ . --. ~, .. I ~ ~ c ~ ~ >' :.V -;~ SAN BERNARDIND RD _.,, _. rc, a o: s. a. r HILL .. '.r- ,__ - _ ... ~ >DI _ < ~ ~ ~ a_ 0 ' j W ~' ~ _ . - _ - all Y ' ' m 9th ST. - _. wI z' I ~i i;. c a.. ~ ~ .. Q.. L J'. m . p S W ' z' LL~ < 6th \~ CITY OF RANCHO CUCAMONGA ; HERITAGE PARK EMERGENCY SEYPER RETROFPf r/f j~ ", N.T.S. STAFF REPORT ENGINEERING SERVICES DEPARTMENT ate: December 17, 2008 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Jerry A. Dyer, Senior Civil Enginee I Shelley Hayes, Assistant Engineer "~ RANCHO CUCAMONGA Subject: RELEASE OF MAINTENANCE GUARANTEE BOND NO. 70331088 IN THE AMOUNT OF $53,048.30, FOR HERITAGE PARK AND WINDROWS PARK BASEBALL FIELD RENOVATION IMPROVEMENTS PROJECT, CONTRACT NO. 07-092 RECOMMENDATION It is recommended that the City Council authorize the City Clerk to release Maintenance Guarantee Bond No. 70331088 in the amount of $53,048.30, for the Heritage Park and Windrows Park Baseball Field Renovation Improvements Project, Contract No. 07-092. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the improvements remain free from defects in materials and workmanship. Contractor: Lasting Images Landscape 13704 Woodlands Street Corona, CA 92880 Respectfully submitted, ~~'~ euer Director of Engineering Services/City Engineer MAS/JAD/SH:Is P96 Attachment PROJECT LOCATION CITY OR RANCHO CUCAMONGA HERITAGE PARK AND IIIIdDRO1B PARK BASEBALL FIELD RENOVATIONS VICINITY MAP STAFF REPORT ENGINEERING SERVICES DEPARTI`-PENT jZANCxo Date: December 17, 2008 C,,UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Jerry A. Dyer, Senior Civil Engineer Subject: APPROVE AND AUTHORIZE AN INCREASE TO CONTRACT NO. RA OS-031 IN THE AMOUNT OF $77,500 TO DAN GUERRA & ASSOCIATES, AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $7,750 AND APPROVE CONTRACT CHANGE ORDER NO. 2 FOR ADDITIONAL DESIGN SERVICES FOR THE' EAST AVENUE MASTER PLAN STORM DRAIN, TO BE FUNDED FROM LOWER ETIWANDA DRAINAGE FUNDS, ACCOUNT NO. 1 1 26303 56 50/1 5841 26-0, AND APPROPRIATE AN ADDITIONAL AMOUNT OF $85,250 TO ACCOUNT NO. 11263035650/1584126-0 FROM LOWER ETIWANDA DRAINAGE FUND BALANCE It is recommended that the City Council approve and authorize an increase to Contract No. RA 05- 031 in the amount of $77,500 to Dan Guerra & Associates, authorize the expenditure of a 10% contingency in the amount of $7,750 and authorize the City Engineer to approve Contract Change Order No. 2, for additional design services for the East Avenue Master Plan Storm Drain, to be funded from Lower Etiwanda Drainage Funds, Account No. 1 1 26 30356 50/1 5841 26-0, and appropriate an additional amount of $85,250 to Account No. 11263035650/1584126-0 from Lower Etiwanda Drainage Fund balance. BACKGROUND/ANALYSIS On December 21, 2005 the Redevelopment Agency awarded the subject contract to Dan Guerra & Associates to provide Preliminary Engineering Design Services for the East Avenue Master Plan Storm Drain. The preliminary .design consisted of hydrologic and hydraulic analysis and the alignment analysis for the extension of the proposed East Avenue MPSD Line 8 southerly across Foothill Boulevard to connect to the Etiwanda/San Sevaine Channel south of Foothill Boulevard. On October 4, 2006 the Redevelopment Agency approved an amendment to increase the contract amount to the Professional Services Agreement for Engineering Design Services for the East Avenue Master Plan Storm Drain, to Dan Guerra & Associates. This amendment provided for the design of drainage improvements along East Avenue from Foothill Boulevard to north of Base Line Road, and in Base Line from East Avenue westerly (including joining and modifying existing upstream improvements as needed to intercept flows). Also; these engineering services included preliminary soils investigation, project management, utility coordination, design survey and construction plans and specifications for the installation of storm drain improvements, utility relocation, ancillary roadway reconstruction, and signing and striping. P98 P99 CITY COUNCIL STAFF REPORT Re: Increase to Contract No. 05-031 December 17, 2008 Page 2 of 2 This contract change order provides for the Environmental and Engineering Services in conjunction with coordinating the Nationwide Clean Water Act (CWA) permit with the Army Corps of Engineers (Section 404), Regional Water Quality Control Board (RWQCB, Section 401) and the California Fish and Game (Section 1600). The scope includes filing of the applicable permit application forms with the intent of concluding that specific permits for the project are not required and withdrawal of the application requests. If successful, the RWQCB will likely still have oversight through the CWA Section 402 NPDES Municipal Storm Water Permit process (MS4). We anticipate that modifications to the project plans will also be necessary to aid in this evaluation. Respectfully submitted, ...e-- uer Director of Engineering Services/City Engineer WJO:JAD Attachments: Vicinity Map P100 CITY OF RANCHO CUCAMONGA COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION ENGINEERING SERVICES CONTRACT CHANGE ORDER ENGINEERING CCO NO.: 2 Account No.: 11263035650/1584126-0 PROJECT: East Avenue Master Plan Storm Drain LIMITS: Foothill to north of Base Line and westerly in Base Line ENGINEER: Dan Guerra and Associates Contract No.: RA 05-031 Purchase Order No.: 050247 NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY ENGINEER. You are hereby requested to comply with the following changes from the Professional Services Agreement for enginering services. Change Requested by: CITY OR ENGINEER DESCRIPTION OF CHANGES DECREASE INCREASE Contact Amount Contract Amount Environmental and Engineering Services for Nationwide 577,500.00 Clean Water Act permit with Army Corps of Engineers (Section 404), Regional Water Quality Control Board (Section 401) and California Dept of Fish and Game (Section 1600) B reason of this order the Contract time for com letion will be adusted as follows: 0 da s This document will become a supplement to the Professional Services Agreement and all provisions will apply hereto. Recommended Project Manager, by: Recommended Senior Civil Engineer, by: Approved City Engineer, by: Date: ~2 "9~~ Date:/y-'7- ~ Date: Accepted Engineer, by: Date: This information will be used as record of any changes to the original Engineering Professional Services Agreement. Dnn Guerrn & Associntes P101 CNIL ENGINEERS ~ LAND SURVEYORS 10271-B TRADEMARK STREET, RANCHO CUCAMONGA, CALIFORNIA 91730 ounuc- ionni oc~ woM cnv- iano~ owe icon info@dgandassoc.oom December 1, 2008 City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91737 Re: East Avenue MPSD Attn: Romeo David, Associate Engineer/Project Manager Deaz Romeo: We have had an opportunity to review your request to provide Environmental and Engineering Services in conjunction with coordinating the Na$onwide Clean Water Act permit with the Army Corps of Engineers (Section 404), Regional Water Quality Control Boazd (Section 401) and California Department of Fish and Game (Section 1600). The Scope of Work for the project could include filing of the applicable permit application forms, including Nationwide Permit Document PreconstructionNotlfication Form (PCN) and Jurisdictional Determination Form (JD) with the intent of concluding that specific permits for the project are not required and withdrawal of the application request is in order. If we aze successful, RWQCB will likely still have oversight through the CWA Section 402 NPDES Municipal Storm Water Permit process (MS4). We anticipate that modifications to the project plans will also be necessary to aid in this evaluation. We have retained the services of LSA Associates, Inc. to perform the necessary environmental assistance and to supplement our working with the governing Agencies in obtaining applicable Agencies' approval of the withdrawal of the permit applications. Our fee to provide the services noted is anticipated to be seventy-seven thousand five hundred dollars ($77,500), and will be based on the attached "Schedule of Standazd Hourly Rates." City of Rancho Cucamonga Re: East Avenue MPSD December 1, 2008 Page 2 of 2 We appreciate the opportunity to provide these services to you, and will be available should you have any questions or comments. Yours very truly, ~w~ Daniel E. Guerra, Principal R.C.E. 29224 DEG:hb Attachmentsi Dan Guerra & Associates "Schedule of Standazd Hourly Rates" LSA Associates, Inc. "Schedule of Standard Hourly Rates" P102 Dnn 6uerrn & Associates P103 CIVIL ENGINEERS ~ LAND SURVEYORS 10271-B TRADEMARK STREET, RANCHO CUCAMONGA, CALIFORNIA 91730 irrfo@dgandassoc.com STANDARD I30iJRI~Y RATES PRINCIPAL ENGINEER $190.00 per hour PROJECT MANAGER $165.00 per hour DESIGNER/DESIGNER CADD $135.00 per hour DRAFTSMAN/DRAFTSMAN CADD $125.00 per hour TECIINICAL SUPPORT SERVICES $130.00 per hour 1-MAN SURVEY CREW* $190.00 per hour 2-MAN SURVEY CREW * $250.00 per hour 3-MAN SURVEY CREW * $300.00 per hour CLERICAL $ 85.00 per hour CONSTRUCTION SUPPORT SERVICES $130.00 per hour Above rates include mileage, equipment and instruments (exclusive of rentals), use of office space and materials and supplies. Rates are effective through June 30, 2009. Rates exclude use of consultants, equipment rental, blueprinting, photocopying, reproductions, etc., which will be chazged at Engineer's cost plus I S% administration, if incurred. Overtime rates will be 50% greater than those rates listed. Overtime is defined as work in excess of eight (8) hours per day (twelve (12) hours maximum), 40 hours per week and Saturday. Rates for Sunday and Dan Guerra & Associates approved holidays and work in excess of twelve (12) hours per day will be 100% greater than those rates listed. * Rates exclude use of Global Positioning System Equipment. GPS use rates will be added at $75/hour. P104 LSA Associates, Inc. 1500 Iowa Avenue, Suite 200 Riverside, Califormia 92507 (951) 781-9310 (phone) (951) 781-4277 (fax) Standard I~Iourly Rates Senior Biologist Support Staff $115.00 per hour $ 95.00 per hour O 05 VICINITY 1VI1~P _-___n1r-___ II __====~I AVE. i- PARK LN w W < PKW a ~ ~ o -j yN ~ W 2 m Y ---- ---- ~--- j, ~ o 0 66 ARRUV RUUTF JERSEY HLVA A T f. S C R .~. N ~;h ONTARIO l ViLSUN AV F_~wA-7E'~~ ~~ ~ ~ ~/ ~_=:- ~,/ ,~~~_~ ~` ~•• Ii •/ FONTANA PROJECT SITE CITY OF RANCHO CUCAMONGA ~ •~, EAST AVENUE MASTER PLAN STORM DRAIN N N.T.S. n STAFF REPORT RANCE-IO C[JCAMONGA FIRE PROTECI'fON DISTRICT Date: December 17, 2008 To: President and Members of the Board of Directors Jack Lam, AICP, City Manager From: Peter M. Bryan, Fire Chief By: Janet Walker, Management Analyst II P106 ~ ~ ~ ', -,~ ~y ~. -~; .. _, _r '~-" RANCHO C, UCAI\90NGA Subject: ADOPTION OF A RESOLUTION DECLARING ANNEXATION OF TERRITORY (PNEUDRAULICS, INC., A CALIFORNIA CORPORATION -APN 0209-021-42 - ANNEXATION NO. 08-2) TO AN EXISTING COMMUNITY FACILITIES DISTRICT, CALLING A SPECIAL ELECTION AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS RECOMMENDATION Staff recommends that the Board continue this matter to the January 7, 2009, Fire Board meeting. BACKGROUND On November 19, 2008 the Board initialized formal annexation proceedings by adopting resolution approving a boundary map and a Resolution of Intention (Pneudraulics, Inc. a California Corporation -APN 0209-021-42 -Annexation No. 08-2). As there is a 30 day requirement between the November 19, 2008 action and the noticed public hearing, staff recommends that the Board continue this matter to the January 7, 2009 Fire Board meeting. Respectfully submitted, ~~_ Peter M. ryan Fire Chief STAFF REPORT \ PLANNING DEPARTMENT RANCHO Date: December 17, 2008 cUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: James R. Troyer, AICP, Planning Director By: Jennifer Nakamura, Associate Planner Subject: ENVIRONMENTAL ASSESSMENT AND CONSIDERATION OF DEVELOPMENT CODE AMENDMENT DRC2008-00593 -CITY OF RANCHO CUCAMONGA - A request to modify the definition of landscaping under Section 17.02.140 of the Development Code to allow for the use of synthetic turf and modify Sections 17.08.090, 17.10.060, and 17.30.060 of the Development Code to establish design guidelines for the use of synthetic turf. Staff has prepared a Negative Declaration of environmental impacts for consideration. RECOMMENDATION: The Planning Commission recommends-that the City Council adopt a Negative Declaration of environmental impacts and approve Development Code Amendment DRC2008-00593. BACKGROUND: Currently, the State of California is experiencing a shortage in the water supply. All cities and counties are encouraged to reduce their water consumption. The Cucamonga Valley Water District (CVWD) provides a synthetic turf rebate program to both new and existing residential properties in the Iriland region. The program offers a $0.60 rebate per square foot of synthetic turf with no minimum or maximum. Some Rancho Cucamonga residents have expressed their wish to install synthetic turf on their residential properties to the City Planning staff. However, because of the language limitation of landscaping in the Development Code, Section 17.02.140, the Planning Department has been unable to approve the use of synthetic turf within the City limits. ANALYSIS: The 2006-2007 Winter was a dry one for much of California. The Sierra snow pack was the lowest in nearly 20 years, while Southern California logged its driest year on record. The Colorado River basin has experienced below average runoff for 6 of the last 7 years. A federal court ruling this year requires the reduction in the delivery of water from the San Joaquin Delta to preserve the Delta Smelt, further reducing. water supplies that affect our region. State reservoir capacities are at severe lows, with Folsom at 31 percent, Shasta at 34 percent, and San Luis at 13 percent. While California is no stranger to historical periods of drought, each drought brings with it a need for enhanced conservation. In June of 2008, Governor Schwarzenegger declared a statewide drought and encouraged local water agencies and districts to assist regional and state agencies to reduce water consumption locally for the remainder of 2008 and prepare for potentially worsening conditions in 2009. An estimated 60 percent to 70 percent of all residential water use is used for landscaping. Watering turf is one of the greatest expenditures of water in landscapes, using an average of 77 gallons of water per square foot annually. An alternative to natural turf in landscape applications is synthetic turf. P107 Synthetic turf has been around since the 1960s and until recently, was primarily used in sports venues to replace natural turf. The quality, cost, and availability of synthetic turf have now made it P108 CITY COUNCIL STAFF REPORT DEVELOPMENT CODE AMENDMENT DRC2008-00593 -CITY OF RANCHO CUCAMONGA December 17, 2008 Page 2 a suitable option for residential and commercial applications. Most synthetic turf is comprised of an open weave recycled rubber backing with synthetic "grass blades" installed on one side. A layer of crushed recycled rubber or sand is applied after installation to give the turf bounce and enhance water drainage. Installation requires the removal of all existing turf and installation of a layer of decomposed granite to provide a stable base for installation. A weed barrier may also be installed. The synthetic turf is then laid out, trimmed to the shape of the landscape area, and secured with galvanized nails or staples. Maintenance consists of sweeping or raking the surface to remove dust or debris. Brushing the turf "against the grain" will bring any matted areas to life. Water can penetrate the surface to be absorbed by the ground below. Some manufacturers of synthetic turfs claim their product has a life expectancy of 20 to 30 years, although there are no established life spans industry-wide. In addition to reducing water consumption, the use of synthetic turf can reduce the use of fertilizers that can potentially increase groundwater nitrate levels as well as reduce the emission of greenhouse gases used to mow traditional lawns. The intent of the Development Code Amendment is to provide synthetic turt as an alternative to natural turf to enhance water conservation efforts within the City. With the current cost of synthetic turf between $8 and $14 per square foot installed on average, staff does not anticipate a widespread retrofitting of existing landscapes from natural to synthetic turf. Natural turf costs between $2 and $4 installed per square foot on average. The Planning staff fielded less than a dozen calls from property owners interested in using or switching to synthetic turf in the last 6 months. This item was presented to the Planning Commission on October 22, 2008. At that time, the Commission expressed concern that there were no guidelines for property owners wishing to install synthetic turf. The Commission felt that without these guidelines, property owners may interpret the type or use of synthetic turf that may result in unintended consequences to the overall landscape aesthetics cultivated within the City. Staff has established five general guidelines for property owners to use in the selection, installation, and maintenance of synthetic turf that will address the concerns expressed by the Planning Commission. These guidelines address issues of aesthetics, proper drainage of water and inclusion of natural plant materials in the landscaping plan. As a result, these guidelines will be added to the General Design Guidelines in the Residential, Commercial and Industrial sections of the Development Code (Sections 17.08.090, 17.1.0.060 and 17.030.060, respectively). All three sections will be amended with the identical guidelines: • Synthetic turf shall consist of lifelike individual blades of grass that emulate real grass in look and color and have a minimum pile height of 1 3/4 inches. • A proper drainage system shall be installed underneath the turf to prevent excess runoff or pooling of water. • Synthetic turf shall be installed and maintained to effectively simulate the appearance of a well-maintained lawn. • The use of indoor or outdoor plastic or nylon carpeting as a replacement for synthetic turf or natural turf shall be prohibited. P109 CITY COUNCIL STAFF REPORT DEVELOPMENT CODE AMENDMENT DRC2008-00593 -CITY OF RANCHO CUCAMONGA December 17, 2008 Page 3 Synthetic turf shall be ihstalled in combination with only natural plant materials (i.e. trees, shrubs and groundcover) to enhance the overall landscaping design. FACTS FOR FINDING: The purpose of the proposed Development Code Amendment is to allow an alternative to natural turf material to help conserve water supplies within the City of Rancho Cucamonga, while retaining the look of lush landscaping. Prior to the approval of any amendment to the Development Code, the Couricil, based upon the recommendatipn of the Planning Commission, must make a finding of the consistency with the General Plan. ENVIRONMENTAL DETERMINATION: The Planning Department has prepared an .Initial Study pursuant to the California Environmental Quality Act (CEQA). As indicated on the attached Initial Study, there is no substantial evidence that the project would have a significant affect on the environment; thus, a Negative Declaration has been prepared and circulated along with a public hearing notice. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Vallev Dailv Bulletih newspaper with aone-eighth page ad because more than 1,000 properties would be affected by the citywide scope of the amendment. Respectfully submitted, R ~ b~~ Jam R. Troyer, AICP Planning Director JRT:JN/ge Attachments: Exhibit A -Initial Study Exhibit B -Planning Commission Resolution No. 08-64 Recommending Approval of Development Code Amendment DR2008-00593 Draft Ordinance Approving Development Code Amendment DRC2008-00593 P110 City of Rancho Cucamonga. ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II BACKGROUND 1. Project File: ENVIRONMENTAL ASSESSMENT AND CONSIDERATION OF DEVELOPMENT CODE AMENDMENT DRC2008-00593 -CITY OF RANCHO CUCAMONGA - A request to modify the definition of landscaping under Section 17.02.140 of the Development Code to allow for synthetic turt. .Staff has .prepared a negative declaration of environmental impacts for consideration. This item will be forwarded to City Council for further action. 2. Related Files: N/A 3. Description of Project: An ordinance that will change the definition of landscaping in our development code to allow for synthetic turt as an acceptable alternative to natural turt. 4. Project Sponsor's Name and Address: . City of Rancho Cucamonga James R. Troyer, AICP, Planning Director 10500 Civic Center Drive Rancho Cucamonga, CA 91730 5. General Plan Designation: Residential Very Low (<2 Dwelling Units/Acre) Low (2-4 Dwelling Units/Acre) Low-Medium (4-8 Dwelling Units/Acre) Medium (8-14 Dwelling Units/Acre) Medium-High (14-24 Dwelling Units/Acre) High (24-30 Dwelling Units/Acre) Commercial Office Neighborhood Commercial Community Commercial General Commercial Commercial Recreation Mixed Use Mixed Use Industrial Industrial Park General Industrial Heavy Industrial 6. Zoning: Residential Estate Residential (1 Dwelling Units/Acre) EXHIBIT A P111 Initial Study for City of Rancho Cucamonga DRC2008-00593 -CITY OF RANCHO CUCAMONGA Page 2 Very Low (Q Dwelling Units/Acre) Low (2-4 Dwelling Units/Acre) Low-Medium (4-8 Dwelling Units/Acre) Medium (8-14 Dwelling Units/Acre) Medium-High (14-24 Dwelling Units/Acre) High (24-30 Dwelling Units/Acre) Commercial/Office Office/Professional Office Office Park Commercial/Office Community Facilities Village Commercial Community Service Neighborhood Commercial Community Commercial .General Commercial Specialty Commercial Freeway Related Commercial Recreational Commercial Regional Related Office/Commercial Regional Related Commercial Regional Center Mixed Use Financial Hospital Mixed Use/Retail Mixed Use/Office Industrial Industrial Park Light Industrial General Industrial Minimum Impact Heavy Industrial Heavy Industrial Surrounding Land Uses and Setting (Briefly describe the project's surroundings): Regional Description Rancho Cucamonga is located in the Inland Empire of California in San Bernardino County. It is located 37 miles east of downtown Los Angeles. Direct freeway access to the City may be taken from the I-210 and I-15 Freeways. Unincorporated areas of the County of San Bernardino and the City of Fontana are located east of Rancho Cucamonga. The City of Upland is located west of Rancho Cucamonga. The City of Ontario is adjacent to the south and southwest portions of Rancho Cucamonga. The unincorporated area of the County of San Bernardino is located to the north of Rancho Cucamonga. The City of Rancho Cucamonga encompasses a total planning area of approximately 50 square miles. Thirty-eight square miles constitute the incorporated area, augmented by a 12 square mile Sphere-of-Influence that generally extends from our City's northern border up to the San Bernardino National Forest. Rev. 3/13/07 P112 Initial Study for City of Rancho Cucamonga DRC2008-00593 -CITY OF RANCHO CUCAMONGA Page 3 The predominant City pattern for commercial activity is characterized by the commercial corridor along Foothill Boulevard, accented by the planned clusters of commercial and service businesses at many of the intersections. The northerly two-thirds of the City are predominately residential, while the southerly one-third is largely industrial. Commercial centers are mostly located along the main easUwest spine of the City, Foothill Boulevard. The northerly edge of ,our Sphere-of-Influence is dominated primarily by open spaces of various types - a transition from the San Bernardino National Forest and Mountains that frame this part of the West Valley area of the San Bernardino County. Area Description Not applicable. The proposed project involves the adoption of a text amendment allowing for the use of synthetic turt as an alternative to natural turf. This project does not involve a site specific development. Site Description Not applicable. The proposed project involves the adoption of a text amendment allowing for the use of synthetic turf as an alternative to natural turf. This project does not involve a site specific project. 8. Lead Agency Name and Address: City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 9. Contact Person and Phone Number: Jennifer Nakamura (909) 477-2750 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement): N/A GLOSSARY -The following abbreviations are used in this report: CVW D -Cucamonga Valley W ater District EIR -Environmental Impact Report FEIR -Final Environmental Impact Report NPDES -National Pollutant Discharge Elimination System NOx -Nitrogen Oxides ROG -Reactive Organic Gases PM,o -Fine Particulate Matter RWQCB -Regional Water Quality Control Board SCAQMD -South Coast Air Quality Management District SWPPP -Storm Water Pollution Prevention Plan URBEMIS7G -Urban Emissions Model 7G Rev. 3/13/07 P113 Initial Study for City of Rancho Cucamonga DRC2008-00593 -CITY OF RANCHO CUCAMONGA Page 4 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated," or "Less Than-Significant-Impact" as indicated by the checklist on the following pages. ()Aesthetics (X) Biological Resources (X) Hazards & Waste Materials ()Mineral Resources OPublic Services ()Utilities & Service Systems ()Agricultural Resources ()Cultural Resources ()Hydrology & Water Quality ()Noise ()Recreation (X) Mandatory Findings of ()Air Quality (X) Geology & Soils ()Land Use & Planning ()Population & Housing () Transportation/Traffic DETERMINATION On the basis of t~ (X) I find h t t NEG TI F~ Prepared B : ~ / i~ Reviewed Bv: initial evaluation: project COULD NOT have a significant effect on the environment. A N will be prepared. /~' h Date: "I ~~ f~ Date: ~ ~~ /D~ Rev. 3/13/07 P114 Initial Study for DRC2008-00593 -RANCHO CUCAMONGA . City of Rancho Cucamonga Page 5 Less Than SigrJlicant Less Issues and Supporting Information Sources: i pfanrany wnn man Significant Mitigation Significant No I act Incorporetatl Impact Impact EVALUATION'OF ENVIRONMENTAL IMPACTS 1. AESTHETICS. Would the project: a) Have a substantial affect a scenic vista? () () () (/) b) Substantially damage scenic resources, including, but () () () (/) not limited to, trees, rock outcroppings, and historic buildings within a State Scenic Highway? c) Substantially degrade the existing visual character or () () () (/) quality of the site and its surroundings? d) Create a new source of substantial light or glare, () () () (/) which would adversely affect day or nighttime views in the area? Comments: a) The proposed ordinance will allow for the installation of synthetic turf as an acceptable alternative to natural turf throughout the City of Rancho Cucamonga. Since turf is installed at ground level, there will be no impact to any view corridors according to General Plan Exhibit III-t 5. b) There are no State Scenic Highways within the City of Rancho Cucamonga. c) The visual quality of the City of Rancho Cucamonga will not degrade as a result of this ordinance. The ordinance is designed to allow individual homeowners and developer's flexibility in landscaping their property to reduce water use, GHG emissions from lawnmowers and overall maintenance to the site. Synthetic turt mimics natural turf in visual look without the maintenance required for natural turf; therefore, there will be no downgrading of the visual character of the City of Rancho Cucamonga. d) The ordinance will not increase the number of streetlights and security lighting used in the immediate vicinity. 2. AGRICULTURAL RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or () () () (/) Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a () () () (/) Williamson Act contract? c) Involve other changes in the existing environment, () () () (/) which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Comments: a) The proposed ordinance will allow for the installation of synthetic turf as an acceptable alternative to natural turf within the City of Rancho Cucamonga. For existing sites that could be retrofitted with synthetic turf, these sites were already analyzed for agricultural Rev. 3/13/07 P115 Initial Study for DRC2008-00593 -RANCHO CUCAMONGA City of Rancho Cucamonga Page 6 Less Than Sipnilicanl Less Issues and Supporting Information Sources: Ppla^ualiy with Than Sipnllicant Mitigation Significant No R1peC1 nCOlpolal2d TpaCI lfpad resources as part of their initial Development Review and Approval. Future projects that propose the use of synthetic turf will require separate environmental review. There are approximately 1,300 acres of Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance within the City of Rancho Cucamonga, of which about one-third is either developed or committed to development according to General Plan Table IV-2. The major concentrations of designated farmlands are located in the southern and eastern portions of our City that is characterized by existing and planned development. Further, two-thirds of the designated farmlands parcels are small, ranging from 3 acres to 30 acres, and their economic viability is doubtful; therefore, they are not intended to be retained as farmland in the General Plan Land Use Plan. The General Plan FEIR identified the conversion of farmlands to urban uses as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. b) There is no agriculturally zoned land within the City of Rancho Cucamonga. There are no Williamson Act contracts within the City. c) Please see 2.a above. 3. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the () () () (/) applicable air quality plan? b) Violate any air quality standard or contribute () () () (/) substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of () () () (/) any criteria pollutant for which the project region is non-attainment under an applicable Federal or State ambient air _ quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors? d) Expose sensitive receptors to substantial pollutant () () () (/) concentrations? e) Create objectionable odors affecting a substantial () () () (/) number of people? Comments: a) The proposed synthetic turf ordinance does not involve a site specific project at this time; therefore, it will not create any air quality impacts. b) The proposed synthetic turf ordinance does not involve a site specific project at this time; therefore, it will not create any air quality impacts. c) As noted in the General Plan FEIR (Section 5.6) continued development would contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards. The General Plan FEIR identified the citywide increase in emissions as a significant and adverse impact for which a Statement of Overriding Considerations was Rev. 3/13/07 P116 Initial Study for DRC2008-00593 -RANCHO CUCAMONGA City of Rancho Cucamonga Paae 7 Less Tian Issues and Supporting Information Sources: Pp+an,ially Signilicant won Less roan Significant Mitigation Signilicem No Impact Incorparmetl I act broad ultimately adopted by the City Council. The proposed synthetic turf ordinance does not involve a site specific project at this time; therefore, it will not create any air quality impacts. d) Sensitive receptors are defined as populations that are more susceptible to the effects of pollution than the population at large. The South Coast Air Quality Management District (SCAQMD) identifies the following as sensitive receptors: long-term health care facilities, rehabilitation centers, convalescent centers, retirement homes, residences, schools, playgrounds, child care centers, and athletic facilities. According to the SCAQMD, projects have the potential to create significant impacts if they are located within 1/4 mile of sensitive receptors and would emit toxic air contaminants identified in SCAQMD Rule 1401. A concern raised in the State of New Jersey regarding the use of synthetic turf was the potential for lead to become airborne and create a health hazard. Lead is present in the pigments of some synthetic turt products to give synthetic turf its green color. The Consumer Product Safety Commission on July 30, 2008, released its evaluation of lead levels in synthetic turf and determined that newer fields had no lead or generally had the lowest lead levels. Although small amounts of lead were detected on the surface of some older fields, none of these tested fields released amounts of lead that would be harmful to children. ,Given that the proposed synthetic turt ordinance will necessitate the installation of more recently manufactured models of synthetic turt, no adverse impacts are anticipated. e) The proposed synthetic turt ordinance does not involve a site specific project at this time; typically, the installation of synthetic turf does not create objectionable odors. No adverse impacts are anticipated. 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or () () (/) ( ) through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on riparian habitat () () (/) ( ) or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally () () () (/) protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native () () () (/) resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Rev. 3/13/07 P117 Initial Study for DRC2008-00593 -RANCHO CUCAMONGA City of Rancho Cucamonga Page 8 Less Than Slgnilment less Issues and Supporting Information Sources: Fotanilally Significant wnn MiiiBaticn Than Sipnilicant No Impact Incomora~atl Impact Impact e) Conflict with any local policies or ordinances () () () (/) protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat () () () (/) Conservation Plan, Natural Community conservation Plan, or other approved local, regional, or State habitat conservation plan? Comments: a) Sensitive species potentially occurring within our city limits include the Delhi Sands flower-loving fly (DSF), the California Gnatcatcher and the San Bernardino Kangaroo Rat. A few remaining parcels of land contain Delhi soils which could provide suitable habitat for these species, although recent surveys have not identified any DSF within the City boundaries or in the Sphere-area. Recent surveys have identified breeding pairs of the California Gnatcatcher within the Sphere area.. The San Bernardino Kangaroo rat may also occur within our Sphere-of-Influence. The proposed synthetic turf ordinance does not involve a site specific project at this time. The installation of synthetic turf requires the removal of the top two inches of topsoil within the landscape area to allow for the installation of compacted decomposed granite. In doing this, animals cannot burrow under synthetic turf in the same means as natural turf. The sensitive species identified above reside mainly within the Sphere-of-Influence, where little or no development currently exists. Any future project that might indirectly result from this ordinance would be analyzed for impacts at the time a site specific project is received by the City. Existing landscapes that are rehabilitated with synthetic turf have previously been disturbed due to urban development and considerations for sensitive species were made during the initial development review and environmental assessment. General Plan Exhibit IV-3, and Section 5.3 of the General Plan FEIR, includes a map that depicts the area of sensitive biological resources. If it is found that a project indirectly resulting from this ordinance occurs in areas designed for sensitive biological resources; care will be taken to coordinate all new projects with California Department of Fish and Game and the U.S. Fish and Wildlife Service to avoid impacts to the species or to develop mitigation measures. b) Please see Section 4.a above. c) The proposed synthetic turf ordinance does not involve a site specific project at this time; therefore, it will not create any potential impacts to wetland habitat. There are also numerous streams, drainages, and a bog within the canyon area in the Sphere, some extending down into the City boundaries. Many of these properties have been designated as Open Space and Residential so that the land would maintain some or most of its natural conditions, thus maintaining the connectivity of that parcel of land with the surrounding natural habitations. Any new site specific project would be required to undergo a separate environmental review, which can include coordination with California Department of Fish and Game and U.S. Fish and Wildlife Service to develop appropriate mitigation measures, if it is located in areas mentioned above. d) Please see Section 4.a above. Rev. 3/13/07 P118 Initial Study for DRC2008-00593 -RANCHO CUCAMONGA City of Rancho Cucamonga Page 9 Less Than Sipnilicent Less Issues and Su ortin Information Sources: PP 9 Pptanuany Significant wuh Mitigation Than Sipniticant No Impact Inmrpo2tetl Impact Irtgect e) Any future project that occurs indirectly as a result of this project would be analyzed for impacts to heritage trees. All new projects would be required to comply with the Tree Preservation Ordinance in Chapter 19.08. f) Please see Section 4.a above. 5. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the () () () . (/) significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the () () () (/) significance of an archeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological () () () (/) resource or site or unique geologic feature? d) Disturb any human remains, including those interred () () () (/) outside of formal cemeteries? Comments: a) The proposed synthetic turf ordinance does not involve a site specific project at this time; ,therefore, it will not create any potential impacts to historic resources. Any new projects proposing the use of synthetic turf would be required to undergo a separate environmental review where an analysis for impacts to historical resources would be conducted. b) The Rancho Cucamonga area is known to have been inhabited by Native Americans according to the General Plan FEIR (Section 5.11). Any future project would undergo California Environmental Quality Act (CEQA) review where an analysis df archaeological resources would be conducted. c) The General Plan FEIR (Section 5.11) indicates that the Rancho Cucamonga area is on an alluvial fan. According to the San Bernardino County database, no paleontological sites or resources have been recorded within the City of Rancho Cucamonga or the sphere-of-influence; however, the area has a high sensitivity rating for paleontological resources. The older alluvium, which would have been deposited during the wetter climate that prevailed 10,000-100,000 years ago during the Late Pleistocene epoch of the Quaternary period, when the last "Ice Age" and the appearance of modern man occurred, may contain significant vertebrate fossils. The proposed synthetic turf ordinance does not involve a site specific project at this time; therefore, it will not create any potential impacts to palentological resources. d) The proposed synthetic turt ordinance does not involve a site specific project at this time; therefore the proposed synthetic turf ordinance will not create any impact to human remains. The California Health and Safety Code (Section 7050.5) states that if human remains are discovered on-site, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. As adherence to State regulations is required for all development, no mitigation is required in the unlikely event human remains are discovered on-site. No adverse impacts are anticipated. Rev. 3/13/07 P119 Initial Study for DRC2008-00593 -RANCHO CUCAMONGA City of Rancho Cucamonga Page 10 Less Than Sipnilicam Less Issues and Su ortin InfOrmatlon Sources: pp g Potentially Sipnilicam With Mitipauon Then 9pnilicem No Impact Incomo2tep Impact Impact 6. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as () () () (/) delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? () () () (/) iii) Seismic-related ground failure, including () () () (/) liquefaction? iv) Landslides? () () () (/) b) Result in substantial soil erosion or the loss of topsoil? () () (/) ( ) c) Be located on a geologic unit or soil that is unstable, () () () (/) or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table () () () (/) 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use () () () (/) of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: a) No known faults pass through the site and it is not in an Earthquake Fault Zone, nor is it in the Rancho Cucamonga City Special Study Zone along the Red Hill Fault, according to the General Plan Exhibit V-1, and Section 5.1 of the General Plan FEIR. The proposed synthetic turf ordinance does not involve a site specific project at this time. The installation of synthetic turf typically does not involve significant above ground construction -synthetic turf is applied directly on top of the ground with no supporting structures above it. No adverse impacts are anticipated. b) The proposed synthetic turf ordinance does not involve a site specific project at this time. The installation of synthetic turf requires the removal of the top two inches of topsoil within the landscape area to allow for the installation of compacted decomposed granite. For rehabilitated landscapes, this is often done manually with minimal problems of dust control. For new projects, a separate environmental review will be conducted and mitigation measures implemented if needed. c) The proposed synthetic turf ordinance does not involve a site specific project at this time. The General Plan FEIR (Section 5.1) indicates that subsidence is generally associated Rev. 3/13/07 P120 Initial Study for DRC2008-00593 -RANCHO CUCAMONGA City of Rancho Cucamonga Page 11 Lass Than SipNlicant Less Issues and Su ortfn Information Sources: PP g FDlantiallr Significant With Mitigation Than Significant No ImWCt nCO Dlaletl Impact IflpaCl with large decreases or withdrawals of water from the aquifer. The project would not withdraw water from the existing aquifer. No adverse impacts are anticipated: d) The proposed synthetic turt ordinance does not involve a site specific project at this time. The majority of Rancho Cucamonga, including the project site, is located on alluvial soil deposits. These types of soils are not considered to be expansive. No adverse impacts are anticipated. e) The proposed synthetic turf ordinance does not involve a site specific project at this time; therefore, it will not create any impacts to wastewater disposal systems. 7. HAZARDS AND WASTE MATERIALS. Would the project: a) Create a significant hazard to the public or the () () (/) ( ) environment through the routine transport, .use, or disposal of hazardous materials? b) Create a significant hazard to the public or the () () () (/) environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or () () () (/) acutely hazardous materials, substances, or waste within 1/4 mile of an existing or proposed school? d) Be located on a site which is included on a list of () () () (/) hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a.significant hazard to the public or the environment? e) For a project located within an airport land use plan or, () () () (/) where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, () () () (/) would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an () () () (/) adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of O O O (/) loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: a) The proposed synthetic turf ordinance does not involve a site specific project at this time; therefore, the project will not involve the transport, use, or disposal of hazardous materials. A concern raised in the State of New Jersey regarding the use of synthetic turf Rev. 3/13/07 P121 Initial Study for DRC2008-00593 -RANCHO CUCAMONGA City of Rancho Cucamonga Page 12 Less Than sipnihcant Less Issues and Su ortin Information Sources: PP g Fetenrany signifsant wnn Mitipalian rnan signif¢ant No Impact Inco oratetl I act Irroact was the potential for lead to become airborne and create a health hazard. Lead is present in the pigments of some synthetic turt products to give synthetic turt its green color. The Consumer Produci Safety Commission on July 30, 2008, released its evaluation of lead levels in synthetic turf and determined that newer fields had no lead or generally had the lowest lead levels. Although small amounts of lead were detected on the surface of some older fields, none of these tested fields released amounts of lead that would be harmful to children. Given that the proposed synthetic turf ordinance will necessitate the installation of more recently manufactured models of synthetic turf, no adverse impacts are anticipated. b) Please see 7.a above. c) The proposed synthetic turt ordinance does not involve a site specific project at this time. No adverse impacts are anticipated. Please see 7.a above. d) The proposed synthetic turf ordinance does not involve a site specific project at this time. No impact is anticipated. e) The proposed synthetic turf ordinance does not involve a site specific project at this time. No impact is anticipated. The proposed synthetic turf ordinance does not involve a site specific project at this time. The nearest private airstrip, Cable Airport, is located approximately 2 1/2 miles to the west of the City's westerly limits. No impact is anticipated. g) The proposed synthetic turf ordinance does not involve a site specific project at this time. The future installation of synthetic turf should have no impact on any emergency response or evacuation plan. No impact is anticipated. h) The proposed synthetic turf ordinance does not involve a site specific project at this time. No impact is anticipated. 8. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge requirements? () () () (/) b) Substantially deplete groundwater supplies or intertere () () () (/) substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the () () () (/) site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? Rev. 3/13/07 P122 Initial Study for DRC2008-00593 -RANCHO CUCAMONGA City of Rancho Cucamonga Page 13 Less Tnan Sipnilicant Less Issues and Supporting Information Sources: Pptantially Signilicent witn Mitigation rnan Slgnilicant No Impact Incpmpratetl Impact Irtgazt d) Substantially alter the existing drainage pattern of the () () () (/) site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surtace runoff in a manner, which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed () () () (/) the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? () () () . (/) g) Place housing within a 100-year flood hazard area as () () () (/) mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures () () () (/) that would impede or redirect flood flows? i) Expose people or structures to a significant risk of () () () (/) loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? () () () (/) Comments: a) The proposed synthetic turf ordinance does not involve a site specific project at this time. Water and sewer service is provided by the Cucamonga Valley Water District (CVWD). The future installation of synthetic turf will allow for water to permeate and keep groundwater on-site in the same manor as natural turt. No impact is anticipated. b) The proposed synthetic turf ordinance does not involve a site specific project at this time. The future installation of synthetic turf will reduce landscape water consumption, while allowing water to permeate, which would free up water for current and future development. No impact is anticipated. c) The proposed synthetic turf ordinance does not involve a site specific project at this time. The future installation of synthetic turf in rehabilitated landscapes will reduce landscape water consumption, while allowing water to permeate, which will not cause changes in absorption rates or drainage patterns. Future projects developed inadvertently as a result of this ordinance will be given separate, project specific environmental review. No impact is anticipated. d) e) f) Rev. 3/13/07 The proposed synthetic turt ordinance does not involve a site specific project at this time. The future installation of synthetic turf will allow for water to permeate and keep groundwater on-site in the same manor as natural turt. No impact is anticipated. The proposed synthetic turt ordinance does not involve a site specific project at this time. No impacts are anticipated. The proposed synthetic turf ordinance does not involve a site specific project at this time. No impacts are anticipated. P123 Initial Study for City of Rancho Cucamonga DRC2008-00593 -RANCHO CUCAMONGA Page 14 Less Tien $ignilicant Less Issues and Su ortin Information Sources: PP 9 Pp~eniially $ignilicant wilt, Mitigation Tnan Significant Np m aC~ IOCO! 02iBtl lnpad m aCi g) The proposed synthetic turt ordinance does not involve a site specific project at this time. No housing units are proposed with this project. No adverse impacts are expected. h) The proposed synthetic turf ordinance does not involve a site specific project at this time. No impacts are anticipated. The proposed synthetic turf ordinance does not involve a site specific project at this time. No adverse impacts are expected. The proposed synthetic turf ordinance does not involve a site specific project at this time. No .impacts are anticipated. There are no oceans, lakes, or reservoirs near the project site; therefore, impacts from seiche and tsunami are not anticipated. The Rancho Cucamonga area sits ai the base of the steep eastern San Gabriel Mountains whose deep canyons were cut by mountain streams. Numerous man-made controls have been constructed to reduce the mudflow impacts to the level of non-significance within the City. This existing system includes several debris dams and levees north of the City, and spreading grounds both within and north of the City. 9. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? () () () (/) b) Conflict with any applicable land use plan, policy, or () () () (/) regulation of an agency with jurisdiction over the project (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan () () () (/) or natural community conservation plan? Comments: a) The proposed synthetic turf ordinance does not involve a site specific project at this time. No impacts are anticipated. b) The proposed synthetic turt ordinance does not involve a site specific project at this time; therefore, the proposed ordinance does not interfere with any policies for environmental protection. As such, no impacts are anticipated. c) The proposed synthetic turf ordinance does not involve a site specific project at this time. No impacts are anticipated. 10. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral () () () (/) resource that would be of value to the region and the residents of the State? b) Result in the loss of availability of a locally important O O O (/) mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Rev. 3/13/07 P124 Initial Study for DRC2008-00593 -RANCHO CUCAMONGA City of Rancho Cucamonga Page 15 Less Than Signillcant Less Issues and Su ortin Information Sources: PP g Fetenaany Significant wnn Mniga>ion Tnan Significant No Imoact Incoraorated Innaa Imoact Comments: a) The proposed synthetic turf ordihance does not involve a site specific project at this time. No impacts are anticipated. b) The proposed synthetic turf ordinance does not involve a site specific project at this time. No impacts are anticipated. 11. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in () () () (/) excess of standards established in the local general plan dr noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive () () () (/) ground borne vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise () () () (/) levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in () () () (/) ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, () () () (/) where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, () () () (/) would the project expose people residing or working in the project area to excessive noise levels? Comments a) The proposed synthetic turt ordinance does not involve a site specific project at this time. The future installation of synthetic turf is anticipated to have no additional noise levels than installing traditional natural turt. No impacts are anticipated. b) The proposed synthetic turf ordinance does not involve a site specific project at this time. The future installation of synthetic turf is anticipated to have no additional noise levels than installing traditional natural turf. No impacts are anticipated. c) The proposed synthetic turt ordinance does not involve a site specific project at this time. No impacts are anticipated. The primary source of ambient noise levels in Rancho Cucamonga is traffic. The proposed activities will not significantly increase traffic; hence, are not anticipated to increase the ambient noise levels within the vicinity of the project. d) The proposed synthetic turf ordinance does not involve a site specific project at this time. The future installation of synthetic turt is anticipated to have no additional noise levels than installing traditional natural turt. No impacts are anticipated. Rev. 3/13/07 P125 Initial Study for DRC2008-00593 -RANCHO CUCAMONGA City of Rancho Cucamonga Page 16 Less Than Signilicant Less Issues and Su ortin Information Sources: PP 9 Fplantlally Signilicant with Mitigation man Signilicant No Impact Incpmprated ImDa<d Irmact e) The proposed synthetic turf ordinance does not involve a site specific project at this time. The future installation of synthetic turf is anticipated to have no additional noise levels than installing traditional natural turf. No impacts are anticipated. The proposed synthetic turt ordinance does not involve a site specific project at this time. The future installation of synthetic turf is anticipated to have no additional noise levels than installing traditional natural turf. The nearest private airstrip, Cable Airport, is located approximately 2 1/2 miles to the west of the City's westerly limits. No impact is anticipated. 12. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either () () () (/) directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, () () () (/) necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating () () () (/) the construction of replacement housing elsewhere? Comments: a) The proposed synthetic turf ordinance does not involve a site specific project at this time. No impacts are anticipated. b) The proposed synthetic turf ordinance does not involve a site specific project at this time. No impacts are anticipated. c) The proposed synthetic turt ordinance does not involve a site specific project at this time. No impacts are anticipated. 13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? () () () (/) b) Police protection? () () () (/) c) Schools () () () (/) d) Parks? () () () (/) e) Other public facilities? () () () (/) Rev. 3/13/07 P126 Initial Study for DRC2008-00593 -RANCHO CUCAMONGA City of Rancho Cucamonga Page 17 Less Than Significant Less Issues and Supporting Infdrmation Sources: Potanrany wun Tnan ' ' Signliicent Mitigation Significant No I ect Incomorated Im act Imoact Comments: a) The proposed synthetic turt ordinance does not involve a site specific project at this time and should have no impact on fire protection service levels. No impacts are anticipated. b) The proposed synthetic turt ordinance does not involve a site specific project at this time and should have no impact on police protection service levels. No impacts are anticipated. c) The proposed synthetic turf ordinance does not involve a site specific project at this time and should have no impact on school service levels. No impacts are anticipated. d) The proposed synthetic turt ordinance does not involve a site specific project at this time and should have no impact on park services. No impacts are anticipated. e) The proposed synthetic turf ordinance does not involve a site specific project at this time and should have no impact on other public services. No impacts are anticipated. 14. RECREATION. Would the project: a) Increase the use of existing neighborhood and () () () (/) regional-parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or () () () (/) require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Comments: a) The proposed synthetic turf ordinance does not involve a site specific project at this time and should have no impact do regional parks or recreation facilities. No impacts are anticipated b) Please see 14.a above. 15. TRANSPORTATION/TRAFFIC. Would the project: a) Cause an increase in traffic, which is substantial in () () () (/) relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of () () () (/) service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including () () () (/) either an increase in traffic levels or a change in location that results in substantial safety risks? Rev. 3/13/07 P127 Initial Study for DRC2008-00593 -RANCHO CUCAMONGA City of Rancho Cucamonga Page 18 Less Then " Slpnilicant Less Issues and Supporting Information Sources: I=gtanualiy Significant with Mitigation Than Sipnilitent No ' Imgect Inca oratetl Impact Impact d) Substantially increase hazards due to a design feature () () (). (/) (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? () () () (/) f) Result in inadequate parking capacity? () () () (/) g) Conflict with adopted policies, plans, or programs () () () (/) supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Comments: a) The proposed synthetic turf ordinance does not involve a site specific project at this time and should have no impact on traffic. No impacts are anticipated. b) The proposed synthetic turf ordinance does not involve a site specific project at this time and should have no impact on traffic. No impacts are anticipated. c) The proposed synthetic turf ordinance does not involve a site specific project at this time and should have no impact on air traffic patterns. No impacts are anticipated. d) The proposed synthetic turf ordinance does not involve a site specific project at this time and should not increase hazards due to design features in the area. No impacts are anticipated. e) The proposed synthetic turf ordinance does not involve a site specific project at this time and should have no impact on emergency access. No impacts are anticipated. f) The proposed synthetic turf ordinance does not involve a site specific project at this time and should have no impact on parking capacity. No impacts are anticipated. g) The proposed synthetic turt ordinance does not involve a site specific project at this time and should have no impact on features supporting transportation and vehicle trip reduction (e.g., bus bays, bicycle racks, carpool parking, etc.). No impacts are anticipated. 16. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? () () () (/) b) Require or result in the construction of new water or () () () (/) wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result' in the construction of new storm () () () (/) water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Rev. 3/13/07 P128 Initial Study for DRC2008-00593 -RANCHO CUCAMONGA City of Rancho Cucamonga Page 19 Less Than Significant Less Issues and Supporting Information Sources: Ppta"tinny Significant w"" Mitigation Than Slpnilicanl 'No Impatl Inc°moratetl Imoact Impact d) Have sufficient water supplies available to serve the () () () (/) project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment () () () (/) provider, which serves or may serve the project, that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted () () () (/) capacity to accommodate the project's solid waste disposal needs? g) Comply with Federal, State, and local statutes and () () () (/) regulations related to solid waste? Comments: a) The proposed synthetic turt ordinance does not involve a site specific project at this time. Water and sewer'service is provided by the Cucamonga Valley Water District (CVWD). The future installation of synthetic turt will allow for water to permeate and keep groundwater on-site in the same manor as natural turf. No impact is anticipated. b) The proposed synthetic turf ordinance does not involve a site specific project at this time. Water and sewer service is provided by the Cucamonga Valley Water District (CVWD). The future installation of synthetic turt will allow for water to permeate and keep groundwater on-site in the same manor as natural turt. No impact is anticipated. c) The proposed synthetic turf ordinance does not involve a site specific project at this time and should have no impact on storm water drainage facilities. No impacts are anticipated. d) The proposed synthetic turf ordinance does not involve a site specific project at this time. The future installation of synthetic turf will reduce landscape water consumption, while allowing water to permeate, which would free up water for current and future development. No impact is anticipated. e) The proposed synthetic turf ordinance does not involve a site specific project at this time and should have no impact on storm water drainage facilities. No impacts are anticipated. f) The proposed synthetic turt ordinance does not involve a site specific project at this time and should have no impact on solid waste disposal. Solid waste disposal will be provided by the current City contracted hauler who disposes the refuse at a permitted landfill with sufficient capacity to handle the City's solid waste disposal needs. No impacts are anticipated. g) The proposed synthetic turf ordinance does not involve a site specific project at this time and should have no impact on solid waste. The City of Rancho Cucamonga continues to implement waste reduction procedures consistent with AB 939. Therefore, no impacts are anticipated. Rev. 3/13/07 P129 Initial Study for DRC2008-00593 -RANCHO CUCAMONGA City of Rancho Cucamonga Page 20 Less Than SigNticam less Issues and Su orfin Information Sources: PP 9 Pc~anuaoy Significant wan Mitigation maB Signilicam No Impact Incorooraietl Impact Irtroac~ 17. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the () () (/) ( ) quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually () () () (/) limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects that will () () () (/), cause substantial adverse effects on human beings, either directly or indirectly? Comments: a) Sensitive species potentially occurring within our city limits include the Delhi Sands flower-loving fly (DSF), the California Gnatcatcher and the San Bernardino Kangaroo Rat. A few remaining parcels of land contain Delhi soils which could provide suitable habitat for these species, although recent surveys have not identified any DSF within the City boundaries or in the Sphere-of-Influence area. Recent surveys have identified breeding pairs of the California Gnatcatcher within the Sphere-of-Influence area. The San Bernardino Kangaroo rat may also occur within our Sphere-of-Influence. The proposed synthetic turf ordinance does not involve a site specific project at this time. The installation of synthetic turf requires the removal of the top two inches of topsoil within the landscape area to allow for the installation of compacted decomposed granite. In doing this, animals cannot burrow under synthetic turt in the same means as natural turf. The sensitive species identified above reside mainly within the Sphere-of-Influence, where little or no development currently exists. Any future project that might indirectly result from this ordinance would be analyzed for impacts at the time a site specific project is received by the City. Existing landscapes that are rehabilitated with synthetic turf have previously been disturbed due to urban development and considerations for sensitive species were made during the initial development review and environmental assessment. General Plan Exhibit IV-3, and Section 5.3 of the General Plan FEIR, includes a map that depicts the area of sensitive biological resources. If it is found that a project indirectly resulting from this ordinance occurs in areas designed for sensitive biological resources, care will be taken to coordinate all neW projects with California Department of Fish and Game and the U.S. Fish and W ildlife Service to avoid impacts to the species or to develop mitigation measures. Rev. 3/13/07 P130 Initial Study for City of Rancho Cucamonga DRC2008-00593 -CITY OF RANCHO CUCAMONGA Page 21 b) The proposed synthetic turf ordinance does not involve a site specific project at this time. The 2001 General Plan was adopted along with the certification of a Program FEIR, Findings of Fact, and a Statement of Overriding Considerations for significant adverse environmental effects of build-out in the City and Sphere-of-Influence. The City made findings that adoption of the General Plan would result in significant adverse effects to aggregate resources,. prime farmland, air quality, the acoustical environment, library services, and aesthetics and visual resources. Mitigation measures were adopted for each of these resources; however, they would not reduce impacts to less-than-significant levels. As such, the City adopted a Statement of Overriding Considerations balancing the benefits of development under the General Plan Update against the significant unavoidable adverse impacts (CEQA Guidelines Section 15092 and 15096(h)). These benefits include less overall traffic volumes by developing mixed-use projects that will be pedestrian friendly and conservation of valuable natural open space. With these findings and the Statement of Overriding Considerations, no further discussion or evaluation of cumulative impacts is required. c) The proposed synthetic turf ordinance would not cause substantial adverse effects on human beings, either directly or indirectly. The Initial Study identifies all categories having no impact or less-than-significant impact. Any future project that indirectly results from this ordinance would be subject to separate environmental consideration-and review. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process; one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration per Section 15063(c)(3)(D). The effects identified above for this project were within the scope of and adequately analyzed in the following earlier document(s) pursuant to applicable legal standards, and such effects were addressed by mitigation measures based on the earlier analysis. The following earlier analyses were utilized in completing this Initial Study and are available for review in the City of Rancho Cucamonga, Planning Department offices, 10500 Civic Center Drive (check all that apply): (T) General Plan FEIR (SCH#2000061027, Certified October 17, 2001) (T) Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) Rev. 3/13/07 P131 Initial Study for City of Rancho Cucamonga DRC2008-00593 - CITY OF RANCHO CUCAMONGA Page 22 APPLICANT CERTIFICATION I certify that I am the applicant for the project described in this Initial Study. I acknowledge that I have read this Initial Study and the proposed mitigation measures. Further, I have revised the project plans or proposals andlor hereby agree to the proposed mitigation measures to avoid the effects or mitigate the effects to a point where c//le~~arly no significant environmental effects would occurG.j ?, Applicant's Signature: // 1?~, ~, ~'q~A1?i Date: / ~ J OO Print Name and Title: Rev. 3/13/07 P132 RESOLUTION NO. OS-64 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT DRC2008-00593, MODIFYING THE DEFINITION OF LANDSCAPING IN SECTION 17.02.140 OF THE DEVELOPMENT CODE TO ALLOW FOR SYNTHETIC TURF AND MODIFYING SECTIONS. 17.08.090, 17.10.060 AND 17.30.060 OF THE DEVELOPMENT CODE TO ESTABLISH DESIGN GUIDELINES FOR THE USE OF SYNTHETIC TURF; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Development Code Amendment DRC2008-00593, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amehdment is referred to as "the application." 2. On the 22nd day of October 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on the 12th day of November 2008. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on October 22, 2008 and November 12, 2008, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the property located within the City; and b. The proposed amendment will not have a significant impact on the environment. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development, within the district, in a manner consistent with the General Plan and with related development; and b. This amendment does promote the goals and objectives of the Development Code; and c. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. The subject application is consistent with the objectives the Development Code; and EXHIBIT B PLANNING COMMISSIOI .SOLUTION NO. 08-64 P133 DEVELOPMENT CODE AMENDMENT DRC2008-00593 -CITY OF RANCHO CUCAMONGA November 12, 2008 Page 2 e. The proposed amendment is in conformance with the General Plan by encouraging the conservation of water supplies in coordination with the Cucamonga Valley Water District. 4. Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and recommends the City Council adopt a Negative Declaration based upon the findings as follows: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on t_he findings contained in that Initial Study, City staff determined that there was no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration. b. The Planning Commission has reviewed the Negative Declaration and all comments received regarding the Negative Declaration and, based on the whole record before it, finds: (i) that the Negative Declaration was prepared in compliance with CEQA; and (ii) that there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission therefore is forwarding the proposed Negative Declaration to the City Council fortheir final consideration as the adoption will reflect the independent. judgmentand analysis_of the City Council,_Based on.their.initial_findings,.thg _ .__.. Planning Commission hereby recommends adoption of the Negative Declaration by the City Council. c. The custodian of records for the Initial Study, Negative Declaration and all other materials which constitute the record of proceedings upon which the City Council's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Development Code Amendment No. DRC2008-00593 by the adoption of the attached City Council Ordinance. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF NOVEMBER 2008. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher. Chairman ATTEST: n~ J es R. Troyer, AICP, S cretary PLANNING COMMISSION' SOLUTION NO. 08-64 DEVELOPMENT CODE ANicNDMENT DRC2008-00593 -CITY OF RANCHO CUCAMONGA November 12, 2008 Page 3 certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 12th day of November 2008, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE P134 P135 DRAFT ORDINANCE NO. ~O7 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA; APPROVING DEVELOPMENT CODE AMENDMENT DRC2008-00593 AMENDING SECTION 17.02.140C .OF THE DEVELOPMENT CODE TO MODIFY THE DEFINITION OF LANDSCAPING TO ALLOW FOR THE USE OF SYNTHETIC TURF AND AMENDING SECTIONS 17.08.090C(5), 17.10.060C(1)(E), AND 17.30.060F; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. On October 22, 2008, and November 12, 2008, the Planning Commission of the City of Rancho Cucamonga cohducted a duly noticed public hearing concerning this matter and took action recommending adoption by the City Council of this Ordinance. 2. On December 17, 2008, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the adoption of this Ordinance. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred B. Ordinance. NOW, THEREFORE, it is hereby found, determined and ordained by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: The facts set forth in Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts the Negative Declaration based upon the findings as follows: a. That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the City Council; and, further, this Council has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the City Council finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for.an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the City Council during the public hearing, the City Council hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations. SECTION 3: The proposed amendment is consistent and in conformance with the City's General Plan by encouraging the conservation of. water supplies in coordination with the Cucamonga Valley Water District. P136 DRAFT CITY COUNCIL ORDINANCE NO. DRC2008-00593 -CITY OF RANCHO CUCAMONGA December 17, 2008 Page 2 SECTION 4: Section 17.02.140C, Chapter 17.02, Title 17 of.the Development Code of the City of Rancho Cucamonga is hereby amended by amending the definition of Landscaping to read as follows: a. Landscaping: An area devoted to or developed and maintained predominately with native or exotic plant materials including ({awa) turf (natural or synthetic), ground cover, trees, shrubs and other plant materials; and also including accessory decorative outdoor landscape elements such as pools, fountains, paved or decorated surfaces (excluding driveways,, parking, loading or storage areas), and sculptural elements. Section 17.08.090C(5), Chapter 17.08, Title 17 of the Development Code of the City of Rancho Cucamonga is hereby amended by adding the text as follows: p. Synthetic turf is an appropriate substitute for natural turf for the purposes of water conservation. General guidelines for the use and maintenance of synthetic turf include: (1) Synthetic turf shall consist of lifelike individual blades of grass that emulate real grass in look and color and have a minimum pile height of 1 3/4 inches. (2) A proper drainage system shall be installed underneath the turf to prevent excess runoff or pooling of water. (3) Synthetic turf shall be installed and maintained to effectively simulate the appearance of swell-maintained lawn. (4) The use of indoor or outdoor plastic or nylon carpeting as a replacement .for synthetic turf or natural turf shall be prohibited. (5) Synthetic turf shall be installed in combination with only natural. plant materials (i.e: trees, shrubs and groundcover) to enhance the overall landscaping design. Section 17.10.060C(1)(e), Chapter 17.10, Title 17 of the Development Code of the City of Rancho Cucamonga is hereby amended by adding the text as follows: (20) Synthetic turf is an appropriate substitute for natural turf for the purposes of water conservation. General guidelines for the use and maintenance of synthetic turf include: (a) Synthetic turf shall consist of lifelike individual blades of grass that emulate real grass in look and color and have a minimum pile height of 1-3/4 inches. (b) A proper drainage system shall be installed underneath the turf to prevent excess runoff or pooling of water. P137 DRAFT CITY COUNCIL ORDINANCE NO. DRC2008-00593 - CITY OF RANCHO CUCAMONGA December 17, 2008 Page 3 (c) Synthetic turf shall be installed and maintained to effectively simulate the appearance of awell-maintained lawn. (d) The use of indoor or outdoor plastic or nylon carpeting as a replacement for synthetic turf or natural turf shall be prohibited. (e) Synthetic turf shall be installed in combination with only natural plant materials (i.e. trees,. shrubs and groundcoyer) to enhance the overall landscaping design. Section 17.30.060F, Chapter 17.30, Title 17 of the Development Code of the City of Rancho Cucamonga is hereby amended by adding the text as follows: 9. Synthetic Turf: Synthetic turf is an appropriate substitute for natural turt for the purposes of water conservation. General guidelines for the use and maintenance of synthetic turf include: a. Synthetic turf shall consist of lifelike individual blades of grass that emulate real grass in look and color and have a minimum pile height of 1 3/4 inches. b. A. proper drainage system shall be installed underneath the turf to prevent excess runoff or pooling of water. c. Synthetic turf shall be installed and maintained to effectively simulate the appearance of swell-maintained lawn. d. The use of indoor or outdoor plastic or nylon carpeting as a replacement for synthetic turf or natural turf shall be prohibited. e. Synthetic turf shall be installed in combination with only natural plant materials (i.e. trees, shrubs and groundcover) to enhance the overall landscaping design. SECTION 5: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. STAFF REPORT Date: December 17, 2008 To: Mayor and Members of City Council Jack Lam, AICP, City Manager From: Mark Steuer, Director of Engineering Services/City Engineer By: Dan James, Senior Civil Engineer ,: ~~ RANCHO C,UCAMONGA Subject: CONSIDERATION OF AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA TEMPORARILY REVISING REGULATIONS RELATING TO DURATION OF BUILDING AND GRADING PERMITS AND DEFERRAL OF CERTAIN DEVELOPMENT IMPACT FEES AS PART OF THE BUILDING INDUSTRY ASSOCIATION'S HOUSING MARKET ECONOMIC STIMULUS PACKAGE. RECOMMENDATION: It is recommended that the City Council adopt the attached Ordinance to amend and supersede certain sections in Chapters 3.28, 13.08 and 13.09, and 16.32 of the Rancho Cucamonga Municipal Codes to address the Building .Industry Association's (BIA) housing market economic stimulus package, by temporarily revising regulations relating to the duration of building and grading permits and deferral of certain development impact fees. BACKGROUND/ANALYSIS: On November 12, 2008, the subject Ordinance was presented to City Council and approved (Staff Report attached for reference). However, a developer of a nine lot residential subdivision requested Council consideration to lower that threshold, thus granting him the opportunity to benefit from the proposed program (which allowed for 25 units or greater). City Council directed staff to review the request further and return with a recommendation which has resulted in the current recommendation to adopt an updated ordinance, thus requiring a new first reading. Therefore tonight is actually the first reading and the second reading will be January 7, 2009, with an effective date of February 6, 2009. The six month period will end August 6, 2009. Allowing all residential development to be part of the development impact deferral program means the City can anticipate the original projected deferred revenues of 3.5 million to increase to 3.9 million.. This $400,000 increase being spread out over the four impact fee categories; Transportation, Drainage, Park, and Beautification should not cause any major delays to capital improvement projects. Staff will continue to monitor actual revenues to determine the execution of capital improvement projects. Respectfully submitted, euer Director of Engineering Services/City Engineer P138 Attachment: November 12, 2008, City Council Staff Report Draft Ordinance No. p P139 r .~. ~r ~ ,r' . ~ J ~'7CAFF ~2EPORT - ~. L-~~._ RANCHO Date: November 12, 2008 ~;UCA~tONCA To: Mayor and Member of City Council Jack Lam, AICP, City Manager ~~jj~~, From: Trang Huynh, Building and Safety Official,l7~l~~rbL~ By: Tiffany Cooper, Management Analyst II J Subject: CONSIDERATION OF AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA TEMPORARILY REVISING REGULATIONS RELATING TO DURATION OF BUILDING AND GRADING PERMITS AND DEFERRAL OF CERTAIN DEVELOPMENT IMPACT FEES AS PART OF THE BUILDING INDUSTRY ASSOCIATION'S HOUSING MARKET ECONOMIC STIMULUS PACKAGE. RECOMMENDATION: It is recommended that the City Council adopt the attached Ordinance to amend and supersede certain sections in Chapters 3.28, 13.08 and 13.09, and 16.32 of the P.ancho Cucamonga Municipal Codes to address the Building Industry Association's (BIA) housing market economic stimulus package, by temporarily revising regulations relating to the duration of building and grading permits and deferral of certain development impact fees. BACKGROUNDIANALYSIS: On September 17, 2008 staff did an overview of the BIA's housing market economic stimulus packag> to the City Council and Council directed staff to draft an ordinance that would allow builders an opportunity to extend plan check and permits, and deter Development Impact Fees (OIF) for one year. During the last few weeks, staff has worked closely .with the City Attorney's office on drafting this ordinance, as well as receive input from the BIA. Over the last three years California l.as quickly become a casualty in the ongoing home mortgage foreclosure crisis. F.s a result.. the state is nova considered one of the nation's top ten metro areas with the mast foreclosures per household. With the housing market continuing to plummet, due to sub-prime, adjustable-rate mortgages, antl no clear end in sight, the number of foreclosures continues to rise. Residuals of this economic hardship are apparent in our community by the staggering number of foreclosed houses currently on the market. and the adverse impact this is having on the Building industry as a whole. PP140 TIFFANI' COUPEP., :~Lj.\.~1GE\fE~T.j'~.~1L`.'Sr iI NO\'Eil(BL'P. i2.20GS P9GE 2 This ordinance will allow builders with projects of twenty-five or more units the opportunity to apply for plan check and permit extensions up to two years, as well as request a DIF deferral. It is anticipated the ordinance vdill be adopted effective January 3, 2009, at which time builders vdill have six months to submit a DIF application and pay a one time administrative fee in the amount of S1 ,060.00 for each deferral agreement. Participants of this program will have up to one year from the day an application is approved before the impact fees are due, or upon finaling the project or requesting a Certificate of Occupancy which ever comes first. R s ectfully b fitted, ~~~~~ f,~ti~ 2/ Trang uynh,l/P//.'_E. Building and Safety Official Attachment: Draft Ordinance iJo. P141 ORDINANCE NO. 8 oZ AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA TEMPORARILY REVISING. REGULATIONS RELATING TO DURATION OF BUILDING AND GRADING PERMITS AND DEFERRAL OF CERTAIN DEVELOPMENT IMPACT FEES. A. Recitals. (i) The Mitigation Fee Act, Government Code Section 66000 et seq., authorizes the establishment of a system of development impact fees to provide for the construction or financing of the construction of public facilities to accommodate the needs, demands, and burdens of new development. (ii) The City Council of the City of Rancho Cucamonga has heretofore adopted such a system of development impact fees.. (iii) Pursuant to Government Code Section 66007(8), local agencies .may defer the collection of development impact fees for residential development projects up to the close of escrow. (iv) It is the intent of the City Council in adopting this Ordinance to temporarily alleviate certain financial burdens to residential development by providing a limited duration economic stimulus incentive to new residential development projects within the City for eligible applicants, by ,permitting an extension of time within which to obtain final inspections and permits for residential projects under construction or in plan check, and payment of certain development fees to be deferred as permitted by Government Code Section 66007(8). (v) On December 17, 2008, the City Council conducted a duly noticed hearing concerning the administrative rates and fees established herein. (vi) All legal prerequisites to the adoption of this Ordinance have occurred. B.' Ordinance. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby finds and ordains as follows: Section 1. The facts set forth in the Recitals, Part A of this Ordinance, are true and correct. Section 2. Notwithstanding any other provision of the Rancho Cucamonga Municipal Code, or any building related code of the State of California adopted by reference by the City, any property owner or lessee whose interest appears on record, on any residential construction project (collectively "Developer" hereinafter in this Ordinance) for which initial, required permit(s) have been obtained, may file a written request with the City's Building and Safety Department for a one time extension of up to two years to receive any required final inspections and permit sign-off. As a condition of such permit extension, the Developer shall maintain all affected areas P142 of construction or grading free of dust, erosion and/or any other conditions that would constitute a nuisance or would otherwise have adverse physical impacts on adjacent properties. The Building and Safety Official, or designee, shall be authorized to place conditions on any such extension in order to more fully implement the provisions of this Ordinance and protect and preserve the public health and safety. Section 3. Notwithstanding any other provision of the Rancho Cucamonga Municipal Code or any building related code of the State of California adopted by reference by the City, any Developer of a residential construction project that is currently undergoing plan checking by the City, may file a written request with the City's Building and Safety Department for a one time extension of up to two years to obtain all required building permits following completion of plan checking. As a condition of such permit extension, the Developer shall maintain all affected areas of construction or grading free of dust, erosion and/or any other conditions that would constitute a nuisance orwould-otherwise have adverse physical impacts on adjacent properties. The Building and Safety Official, or designee, shall be authorized to place conditions on any such extension in order to more fully implement the provisions of this Ordinance and protect and preserve the public health and safety. Section 4. The City Council Hereby adopts a development impact fee ("DIF") deferral program for residential construction projects, providing for. deferral of development fees for Beautification (see City Resolution No. 79-1 ), Transportation (see RCMC Chapter 3.28 and Resolution 07-160), Park Land (see RCMC Chapter 16.32) and Drainage (see RCMC Chapters 13.08 and 13.09; Resolutions 02-061, 90-111, and 01-067). Eligibility and program requirements shall be as set forth in this section. A. DIF deferral is available for new single-family and multi-residential projects that are currently under construction, in plan check, or have received all governmental entitlements necessary for construction. DIF deferral under this section is not available for projects entitled pursuant to a development agreement. B. Any eligible Developer wishing to participate in the DIF deferral program shall file a written request and current preliminary title report showing the Developer's interest in the subject property with the City's Engineering Department, and pay an administrative fee in the amount of $1060.00 per each DIF deferral agreement. The DIF deferral agreement shall apply to any phase of the Developer's project for which the issued building permit(s) applies. The deferred DIF applicable to such phase shall be paid as required by this Ordinance, whether or not any other phase of the project remains incomplete. Any modification or request to extend a DIF deferral shall be processed at City staffs actual time involved billed at the rate of $117.00 per hour. No request for approval to participate in the DIF deferral program shall be accepted unless the request is submitted, and all initial required building permits are obtained, between February 6, 2009 and August 6, 2009. C. From the date the initial permit(s) is obtained, and subject to the provisions of California Government Code Section 66007(g), the maximum period of DIF deferral shall be one year. Unless an extension is granted prior to deferral expiration, Developer shall immediately pay fo City all deferred fees at the rate currently in effect, upon the expiration of the one year DIF deferral period; provided, however, that notwithstanding the fee deferral, Developer shall pay all of the deferred fees at the rate currently in effect upon the sooner of: completion of final inspection, issuance of a certificate of occupancy, or the close of any escrow P143 arising out of the sale or conveyance of the subject property, if any of the foregoing events occur during the one year deferral period. D. Conditions applicable to DIF deferral approval: 1. Within thirty (30) days of the date of approval, and prior to and as a condition of building permit issuance, Developer shall enter into a DIF deferral agreement with the City utilizing the City-provided form of agreement, guaranteeing payment of the deferred fees at the rate in effect at the time actual payment occurs. The City may cause this DIF deferral agreement to immediately be recorded. Any expense of recordation shall be paid by the Developer. Each such agreement shall incorporate the following provisions: (a) The agreement shall provide that if, prior to expiration of the deferral, the project fails for any reason, or the project otherwise fails to move forward in a timely manner as solely determined by the City, then upon any sale or conveyance of the subject property, the purchaser, or any successor in interest or assign of the original Developer, shall pay the deferred fees through escrow as a condition of such sale or conveyance. (b) The obligation to pay the DIF shall inure to the benefit of, and be enforceable by, the City. The agreement shall contain the legal description of the property affected, shall be recorded with the County of San Bernardino and, from the date of recordation, shall constitute a lien for the payment of the deferred DIF, which shall be enforceable against successors in interest to the Developer at the time of issuance of the building permit. The lien for payment of the fee shall not be subordinated. A deed of trust and the agreement shall be recorded in the grantor-grantee index in the name of the City of Rancho Cucamonga as grantee and in the name of the Developer as grantor. The City shall record a release of obligation, containing a legal description of the property, in the event the obligation is paid in full. (c) The agreement shall require the Developer to provide appropriate notification of the opening of any escrow for the sale of the property for which the building permit was issued, including effective notice to the City, and to provide in the escrow instructions that the fee is be paid to the City from the sale proceeds in escrow prior to disbursing proceeds to the seller. 2. Should any DIF that is deferred not be paid at the time due and payable: (i) all unpaid fees shall be accelerated and become immediately due and payable; and (ii) the City may pursue collection through all available legal and administrative means including, but not limited to, judicial or non-judicial foreclosure of the recorded lien against the affected property and/or civil judgment against the Developer for breach of contract and/or retention of the security or deposit provided hereunder. 3. At least once every three (3) months, the Developer shall provide a written report to the City's Engineering Department that shall include a detailed status of the project including, but not limited to, estimated time of completion of plan check, status of required inspections, and estimated time of project completion. 4. Any Developer may request and receive, at the discretion of the City Council in a decision expressed by minute motion, an extension of the DIF deferral, P144 provided the project is determined to be moving forward in a timely manner and is at a substantial stage of construction. Any request to extend a DIF deferral shall be processed at City staff's actual time involved billed at the rate of $117.00 per hour. If such an extension is granted by the City Council, it shall not take effect unless and until the Developer pays a "good faith" deposit of not less than twenty percent (20%) of the total amount of the DIF. No extension shall be deemed to permit payment of any deferred DIF beyond the close of any escrow arising out of the sale or conveyance of the subject property. Section 5. The provisions of this Ordinance shall be deemed to preempt and supersede any conflicting provisions contained in the Rancho Cucamonga Municipal- Code, including codes adopted by reference therein, and any City resolutioris, until expiration or repeal hereof. Section 6. The City Council finds that the fees and rates established herein do not exceed the estimated reasonable cost of providing the service for each fee or rate is charged. Section 7. The City Council has evaluated the potential environmental impacts that would result from the adoption of this Ordinance, and determined that the adoption of this Ordinance is exempt from review under the California Environmental Quality Act (CEQA) and the Guidelines thereunder, pursuant to Title 14, Section 15268 (Ministerial Projects) of the California Code of Regulations. Section 8. This Ordinance shall be automatically repealed and of no further force or effect at the end of one (1) year following its effective date, unless extended by Ordinance of the City Council of the City of Rancho Cucamonga. Section 9. Severability. The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaihing provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. Section 10. The City Clerk shall certify to the adoption of this Ordinance. P145 PASSED AND ADOPTED this day of 2008. Mayor I, ,City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2008, and was finally passed.at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 200_, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk, City of Rancho Cucamonga ~; STAFF REPORT CIT1 bfANAG1;R'S OFFICI/ Date: December 17, 2008 P146 ''~ RANCHO C,UCAMONGA To: Mayor and Members of the City Council From: ~ e a Easter, Assistant City Manager ' Debra McKay, MMC, Assistant City Clerk/Records Manager li~ Subject: REVIEW OF APPOINTMENTS TO STANDING AND AD HOC COUNCIL COMMITTEES AND OTHER GOVERNMENTAL/COMMUNITY AGENCIES Biannually, after each Council election, the City Council reviews existing appointments to the various Council standing and ad hoc committees as well as appointments to other governmental and community agencies. The following is a list of current appointments to the standing and ad hoc Council committees as well as appointments to community and governmental agencies. It should also be noted that the work of several ad hoc City Council Subcommittees: Mobile Home Accord Review, Sign Ordinance, and Residential and Commercial Solicitors has been completed. The Fire District Personnel Council Standing Subcommittee has also not been included in the Standing Subcommittees list, as the new Fire Personnel Rules have superseded this need. Therefore, it is recommended that the City Council take two actions related to this item. 1) Review existing appointments as listed in this memorandum and at the end of the discussion, confirm the appointments that are retained or modified. 2) Formally disband the several ad hoc City Council Subcommittees whose work has been completed, including Mobile Home Accord Review, Sign Ordinance, and Residential and Commercial Solicitors. City Council Standing Subcommittees The Council has the following subcommittees on which two Council Members serve to consider assigned areas of City programs/functions, provide feedback to staff, and make recommendations to the full City Council on related policy matters and Commission/Foundation appointments. These committees meet on an as-needed basis throughout the year. Community Services Subcommittee Area of Responsibility: Park and Recreation Commission and Community Foundation appointments, Quake Stadium usage, construction of park and recreation facilities, and programs. Current Committee members: Diane Williams and Sam Spagnolo P147 ItF_VIE~C~ OE APPOINTMENTS TO STANDING-AND AD HOC COUNCIL CObIMITTF_ES PncE 2 AND OTHER GOVERNMF_NTAL/COMl~fUNITY AGENCIES DECGMHG:a 17, ?008 Housing Set Aside Subcommittee Area of Responsibility: Reviews affordable housing needs and develops strategy and programs for Redevelopment Agency set-aside money. Current Committee members Library Subcommittee Rex Gutierrez and Dennis Michael Area of Responsibility: Library and Library Foundation programs and services as well as Library Board of Trustees and Library Foundation appointments. Current Committee members: Rex Gutierrez and Dennis Michael Planning/Historic Preservation Subcommittee Area of Responsibility: Planning/Historic Preservation Commission appointments and Rails to Trails Plan implementation. Current Committee members: Public Works Subcommittee Diane Williams and Sam Spagnolo Area of Responsibility: Transportation, traffic, parking, capital improvements, and public works projects. Current Committee members: Diane Williams and Dennis Michael Redevelopment Marketing Subcommittee Area of Responsibility: Marketing of the City and review of the Redevelopment Agency marketing budget. Current Committee members Telecommunications Subcommittee Rex Gutierrez and Diane Williams Area of Responsibility: Cable television franchises, wireless communications, fiber optics, Internet, oversight to RCTV -3, and changes in telecommunications laws. Current Committee members: Dennis Michael and Sam Spagnolo P148 REVIEW OF APPOINTMENTS TO STANDING AND AD HOC COUNCIL COMMITTEES PAGL-- 3 t1ND OTI-IER GOVERNivfENTAL/COMI~IUNITl'AGENCIES DP:CG\1F71~R 17, ?008 _ __ City Council Ad Hoc Subcommittee Abandoned Residential Properties Ordinance Ad Hoc Committee Areas of Responsibility: Appointed in May 2008, this Ad Hoc Committee is charged with developing an ordinance to proactively address property maintenance and distress problems associated with the potential proliferation of foreclosed properties in the City. Current Committee members: Dennis Michael and Sam Spagnolo Appointments to Community Organizations and Regional Agencies These appointments involve Council Members representing the City to community organizations and regional agencies. Several of the organizations ask for the designation of both a Delegate and an Alternate. California Housing Opportunities Agency (CHOA) Area of Responsibility: CHOA operates alease-to-purchase housing program in which the City of Ranqho Cucamonga participates along with the City of Upland and San Bernardino County. Each of the three jurisdictional members of the Agency appoints one of its members to serve on the Board of Directors. A representative from the Council serves as the primary member, with staff serving as the alternate. The Board of Directors currently meets quarterly, usually by telephone conference call. Current Representative: Sam Spagnolo Current Alternate: Linda Daniels City Selection Committee Area of Responsibility: The City Selection Committee is a committee, established by California Government Code 50275, which meets in even years to appoint Mayors and Council members to represent the city perspective on regional organizations, such as San Bernardino County Local Agency Formation Commission (LAFCO) and the CAL-ID Remote Access Network Board. The City Selection Committee consists of the Mayor of each City in the County. In San Bernardino County, the City Selection Committee meets every two years or more frequently if required to make a selection for one of the organizations. Required Delegate: Don Kurth P149 REVIEW\%OF APPOINTIvfENTS TO STANDING AND AD HOC COUNCIL COIvIMITTEES PACt~ 4 AND OTHER GO~%ERNMENTAL/COI`71t-fUNITYAGENCIES Drcr:~~uiraz 17, ?008 Inland Empire Utilities Agency -Landscape Alliance Task Force Area of Responsibility: The Inland Empire Landscape Alliance is a voluntary collaborative working group in which landscaping policies will be reviewed and implementation coordinated. Participants include representatives from the following cities: Chino, Chino Hills, Fontana, Montclair, Ontario, Rancho Cucamonga and Upland; the Cucamonga Valley (CVWD) and Monte Vista Water Districts; Chino Basin Water Master; San Antonio Water Company; Chino Basin Water Conservation District;.and Inland Empire Utilities District. Current Delegate: Dennis Michael League of California Cities Inland Empire Division Area of Responsibility: The League of California Cities' Inland Empire Division reactivated its Legislative Task Force in the last year or so, which includes a representative from each City in the Division. The Legislative Task Force meets monthly and reviews legislative matters that affect cities, and make recommendations on positions to the League Division Board and to the Cities in the Division. Current Delegate: Sam Spagnolo (currently serving as Vice Chair) North Etiwanda Preserve Area of Responsibility: Responsible for overseeing use and conservation of the North Etiwanda Habitat Preserve. This committee includes representatives from the City of Rancho Cucamonga, County Board of Supervisors, State Department of Fish and Game, U.S. Department of Fish and Wildlife as well as at-large representatives of adjacent property owners. The members of the Committee are appointed by the Third District Supervisor. The Commission is currently working to complete the hiking trail through the Preserve, closing off access for motorized vehicles along the southern boundary, and continuing to work with developers to expand the Preserve. Current Delegate: Rex Gutierrez Omnitrans Area of Responsibility: Omnitrans is a Joint Powers Agency that coordinates the public transit services of the County of San Bernardino and its 15 member cities. A 20 member Board of Directors governs Omnitrans, which includes the five County Board of Supervisors and representatives from the member cities. There are no specific terms to serve on the Board; it is at the discretion of each City as to who represents the City on the Omnitrans Board of Directors as Delegate and Alternate. Current Delegate: Dennis Michael Current Alternate: Diane Williams P 150 RE~'TEtB' OP APPOINTMENTS TO STANDING AND AD HOGGOUNCIL CO1vlivIITTEES PACr: 5 AND OTHER GOVE}tNbfENT~1L/CObEviUNITYAGENCIES D13C ens H[ta ] 7, ?008 Rancho Cucamonga Chamber of Commerce Area of Responsibility: Provides liaison between the Rancho Cucamonga Chamber of Commerce and the City of Rancho Cucamonga in coordinating projects and items of mutual interest. Current Delegate: Dennis Michael Route 210 Freeway Corridor Design Joint Powers Authority Area of Responsibility: Addresses Route 210 Freeway items for San Bernardino and Los Angeles Counties. Current Delegate: Diane Williams Current Alternate: Sam Spagnolo San Bernardino Associated Governments (SANBAG) Area of Responsibility: The San Bernardino Associated Governments (SANBAG) is the sub regional transportation planning authority and Council of Governments for San Bernardino County. The SANBAG Board has 29 members, including representatives from each of the 24 cities and the five members of the County Board of Supervisors. The Board meets monthly, in addition to a number of SANBAG committees that also meet on a monthly basis. The SANBAG Bylaws state that each City will appoint a delegate and alternate to the SANBAG Board. These two representatives continue to represent that City on the SANBAG Board until successors are appointed by the City. The SANBAG Board of Directors also appoints, from time to time, members of the Board to serve on intercounty agency boards. Diane Williams has been appointed by SANBAG to serve as an alternate to the two members that represent SANBAG on the Metro link Board. She also serves as an Alternate Member on the Metro Gold line Phase II Joint Powers Authority. Current Delegate: Diane Williams Current Alternate: Don Kurth Other Involvement From time to time, there are opportunities to serve on regional or Statewide Committees/Boards, which do not involve the City Council making an appointment. Several of our Council members are currently serving on these types of Boards. For your information, these are: League of California Cities Area of Responsibility: The League of California Cities is an association of California city officials who work together to enhance their knowledge and skills, exchange information, and combine resources so that they may influence policy decisions that affect cities. P151 ]tEVIE~\%OF APPOIN'TNfENTS TO STANDING Ai~tD.~1D HOC COUNCIL COnIl~fITTEES P~~G6 6 AND OTHER GO\TERNivfENT_~1L/COIvf1~IUNITI AGENCIF_S DF.CIP:MBFR 17, 2008 At the Statewide level, there are opportunities for city officials to serve on various policy and other committees. Appointments are made through Division Presidents as well as the League, President, and names are placed in nomination as these committee openings occur. For 2007-09, Dennis Michael is serving as the Chair of the Employee Relations Policy Committee. Sam Spagndlo is also serving as a member of the Employee Relations Policy Committee for a second year for the upcoming 2009 year. The League is also subdivided into regional divisions that hold regular meetings, have Boards of Directors, and work on legislative matters with the cities in the divisions. The City of Rancho Cucamonga is in the Inland Empire League Division. Dennis Michael is currently serving as the Vice President of the Inland Empire League Division for 2007-09. As mentioned previously, Sam Spagnolo also serves as the City's representative on the Division's Legislative Task Force (as well as the current Vice Chair). Local Agency Formation Commission (LAFCO) Area of Responsibility: LAFCO is responsible for approving municipal and district boundaries that discourage urban sprawls and encourage orderly government boundaries based upon local circumstances and conditions. Each County in the State of California has its own LAFCO. The Commission membership consists of two city members and alternative selected by the City Selection Committee; two County Supervisors; two representatives of independent special districts; and one public member. The members and alternates serve staggered, four year terms. Diane Williams serves as the Alternate City Member on LAFCO, with a term expiring in 2010.