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HomeMy WebLinkAbout2009/03/18 - Agenda Packet'~ A ~ 5._A' 10500 Civic Center Drive ~ Rancho Cucamonga, CA 91730-3801 City Office: (909) 477-2700 AGENDAS REDEVELOPMENT AGENCY FIRE PROTECTION DISTRICT BOARD CITY COUNCIL REGULAR MEETINGS 1s~ and 3`d Wednesdays ~ 7:00 P.M. MARCH 1 S, 2009 MEMBERS MAYOR MAYOR PRO TEM COUNCIL MEMBERS Donald J. Kurth, M.D. L. Dennis Michael Rex Gutierrez Sam Spagnolo Diane Williams CITY MANAGER CITY ATTORNEY CITY CLERK Jack Lam, AICP James L. Markman Janice C. Reynolds ORDER OF BUSINESS CLOSED SESSION Tapia Conference Room............ 5:00 P.M. REGULAR MEETING Council Chambers ........................ 7:00 P.M. INFORMATION FOR THE PUBLIC ~~ C',,UCAMONGA 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:llwww.ci.ranchacucamonga.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. C] Please turn off all cellular phones and pagers while the meeting is in session. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND • Roll Call: • CITY COUNCIL AGENDA MARCH 18, 2009 A. 5:00 P.M. -CLOSED SESSION Mayor Kurth Mayor Pro Tem Michael Councilmembers Gutierrez, Spagnolo and Williams CLOSED SESSION CALLED TO ORDER AS THE REDEVELOPMENT AGENCY, CITY AND FIRE DISTRICT. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54954.2 TO GIVE JOHN GILLISON, DEPUTY CITY MANAGER AND PAMELA EASTER, ASSISTANT CITY MANAGER, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS -RDA, City, Fire • 2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE EAST SIDE OF DAY CREEK BOULEVARD AND SOUTH OF CULTURAL CENTER DRIVE -LINDA D. DANIELS, RDA DIRECTOR, NEGOTIATING PARTY -RDA ~~ E. CITY MANAGER ANNOUNCEMENTS ~~ CLOSED SESSION TO RECESS TO THE REGULAR REDEVELOPMENT AGENCY AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAM6ERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND • CITY COUNCIL AGENDA MARCH 18, 2009 • • G. REGULAR MEETING II 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. Announcement by Congressman David Dreier regarding upcoming Road to Employment Job Fair 2. Presentation of a Proclamation to Vince's Spaghetti Factory for installation of solar panels. 3. Presentation of Certificate of Appreciation to the Andrew Winfield Richards Foundation for Sponsorship of the Armed Forces Banner Program. 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 MARCH 18, 2009 • • 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: March 2, 2009 (Special Meeting -RFQ for 1,200-acre property) March 3, 2009 (Special Meeting -RFQ for 1,200-acre property) March 4, 2009 (Regular Meeting) 2. Approval of Check Register dated February 25 through March 10, 2009, for the total amount of $294,089.07. 3. Approval to receive and file current Investment Schedule as of February 28, 2009. 3 2 4. Approval of a Reimbursement Agreement between the City and Sprint Communications ~ $ Company L.P. (RA 09-004) in the estimated amount of $656,100.50, and authorize the expenditure of a 15% contingency in the amount of $98,415.08 for fiber optic cable relocation costs for the foothill Boulevard Widening Project between Grove Avenue and Vineyard Avenue -Bridge Removal Phase, to be funded from 2001 Public Improvement Tax Allocation Bond Funds, Acct. No. 2650801-5650!1189650-6314. 5. Approval of a Purchase and Sale Agreement (PSA) between 8ipin P. Tolia and Suchifa B. 2U Tolia, husband and wife, as Joint Tenants, and the Rancho Cucamonga Redevelopment Agency (RA 09-005) for the acquisition of approximately .82 acres located at 9547 San Bernardino Road (APN: 0208-151-07) in the amount of $750,000 plus a closing cost contingency of $50,000, to be funded from Acct. No. 2505801-5600. ~~ K. CONSENT CALENDAR -FIRE PROTECTION DISTRICT ~~ The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the Fire Board at one time without discussion. Any item may be removed by a Boardmember for discussion. Approval of Minutes: March 2, 2009 (Special Meeting -RFQ for 1,200-acre property) March 3, 2009 (Special Meeting -RFQ for 1,200-acre property) March 4, 2009 (Regular Meeting) • • REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA _ MARCH 18, 2009 2. Approval of Check Register dated February 25 through March 10, 2009, for the total amount of $151,257.58. 3. Approval to receive and file current Investment Schedule as of February 28, 2009. 4 23 26 4. Approval to appropriate funds from Fire District reserves in the amount of $16,167.00 into 31 Acct. No. 3281510-5207 to fund the twenty percent (20%) contribution match of $97,000.00 divided between the five West End agencies and West End Fire and Emergency Response JPA (IPA) for the FY 2007 Assistance to Firefighters Grant Award for the purchase of a mobile apparatus driving simulator. 5. Approval of an annexation map showing Assessor Parcel Number 1100-051-03 (Norwalk Boulevard Baptist Church), located on East Avenue, south of Base Line Avenue, proposed to be annexed into CFD 85-1. RESOLUTION NO. FD 09-007 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 09-3) SHOWING PROPERTY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 6. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No. 09-3 (APN: 1100-051-03, Norwalk Boulevard Baptist Church), into Community Facilities District No. 85-1, specifying services provided, to set and specify the special taxes to be levied within the annexation territory and set a time and place for a public hearing related to the annexation. RESOLUTION NO. FD 09-008 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 09-3) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 • ~~ 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: March 2, 2009 (Special Meeting -RFQ for 1,200-acre property) March 3, 2009 (Special Meeting -RFQ for 1,200-acre property) March 4, 2009 (Regular Meeting) 33 35 37 39 • • A R EDEVELOPMENT GENCY, FIRE PROTECTION DISTRICT AND 5 CITY COUNCIL AGENDA MARCH 18, 2009 ~+-NCHO G'UCAMONGA 2. Approval of Check Register dated February 25 through March 10, 2009, and payroll ending 48 March 10, 2009, for the total amount of $5,235,924.69. 3. Approval to receive and file current Investment Schedule as of February 28, 2009. 85 ~ 4. Approval to authorize the advertising of the "Notice Inviting Bids" for the Citywide Concrete 96 I' Repair. Tree Removal and Tree Planting Annual Maintenance Agreement, to be funded from Acct. No. 1176303-5300. RESOLUTION NO. 09-039 97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "CITYWIDE CONCRETE REPAIR, TREE REMOVAL AND TREE PLANTING ANNUAL MAINTENANCE AGREEMENT" AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 5. Approval to authorize the advertising of the "Notice Inviting Bids" for the Citywide Traffic 101 Signal Maintenance, to be funded from Acct. No. 1170303-5300. RESOLUTION NO. 09-040 102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "CITYWIDE TRAFFIC SIGNAL MAINTENANCE" AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 6. Approval to authorize the advertising of the "Notice Inviting Bids" for the Rancho 106 Cucamonga Family Sports Center Gym Floor Resurfacing, to be funded from Acct. No. 2517801-5650/1663517-0. RESOLUTION NO. 09-041 107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "RANCHO CUCAMONGA FAMILY SPORTS CENTER GYM FLOOR RESURFACING" AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 7. Approval to authorize the advertising of the "Notice Inviting Bids" for the Rancho 111 Cucamonga Family Sports Center Gym Wall Painting, to be funded from Acct. No. 2517801-5650/1663517-0. RESOLUTION NO. 09-042 112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "RANCHO CUCAMONGA FAMILY SPORTS CENTER GYM WALL PAINTING" AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS • • • A R GENCY, EDEVELOPMENT FIRE PROTECTION DISTRICT AND 6 CITY COUNCIL AGENDA MARCH 18, 2009 RANCHO ~,;UCAMONGA 8. Approval to authorize the advertising of the "Notice Inviting Bids" for the Civic Center 116 Planter and Parking Structure Waterproofing, to be funded from Acct. No. 2624801- 5650/1705624-0. RESOLUTION NO. 09-043 117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "CIVIC CENTER PLANTER AND PARKING STRUCTURE WATERPROOFING" AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 9. Approval to authorize the advertising of the "Notice Inviting Bids" for the Construction of the 121 Banyan Street Community Trail and Parkway Landscape from Hellman Avenue to Amethyst Avenue, to be funded from Beautification Funds, Acct. No. 1110316- 5650/1614110-0. ~ RESOLUTION NO. 09-044 122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE BANYAN STREET COMMUNITY TRAIL AND PARKWAY LANDSCAPE FROM HELLMAN AVENUE TO AMETHYST AVENUE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 10. Approval of a Reimbursement Agreement between the City and the Cucamonga Valley Water District (CVWD) in the amount of $145,000 for the installation of a CVWD waterline 128 by the City's contractor for the Haven Grade Separation Capital Improvement Project. 11. Approval of a Reimbursement Agreement (SRA-55) for reconstruction of pavement and 130 overlay, reconstruction of median left turn lanes and traffic signal related improvement in connection with development of Parcel Map 17818, submitted by Footchester Partners I, LLC, to be funded from Transportation Acct. No.1124303-5650/1026124-0. RESOLUTION NO. 09-045 132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT (SRA-55) FOR RECONSTRUCTION OF PAVEMENT AND OVERLAY, RECONSTRUCTION OF MEDIAN LEFT TURN LANES AND TRAFFIC SIGNAL RELATED IMPROVEMENTS 12. Approval of Community Services Update Report. 133 13. Approval of a request from the South Coast Air Quality Management District (AQMD)~for a 143 Waiver of Rental Fees for use of the Epicenter Special Event Area on Friday, May 8 and Saturday, May 9'", 2009, to conduct their Electric Lawn Mower Exchange Event. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA MARCH 18, 2009 7 14. CONSIDERATION OF A PUBLIC CONVENIENCE OR NECESSITY DETERMINATION - ~~ DRC2009-00095 -NIDAL SAMAAN - A request to issue a Public Convenience or Necessity determination for an Alcohol Beverage Control Type 21 off-sale beer, wine, and distilled spirits license for a convenience mini-market, located on the northeast corner of Milliken Avenue and 4"' Street, within the Industrial Park District, Subarea 12, at 9635 Milliken Avenue -APN: 0229-341-23. RESOLUTION NO. 09-046 ~ 202 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY DRC2009-00095 -NIDAL SAMAAN - FOR A CONVENIENCE MARKET IN THE INDUSTRIAL PARK DISTRICT, SUBAREA 12, LOCATED ON THE NORTHEAST CORNER OF MILLIKEN AVENUE AND 4TH STREET AT 9635 MILLIKEN AVENUE -APN: 0229-341-23 15. Approval to authorize an increase to Contract No. 05-071 in the amount of $41,550.00 to 204 Vanderhawk Consulting, LLC, and authorize the expenditure of a 10% contingency in the amount of $4,155.00 for the annual update of the City's Pavement Management Program, to be funded from Fund 176 -Measure "I", Acct. No. 1176305-5650/1020176, and appropriate an amount of $45,710.00 to Acct. No. 1176305-5650/1020176 from Measure "I° Fund Balance. 16. Approval for award and execution of Professional Services Agreement in the amount of $21,120.00 to Vanderhawk Consulting, LLC, (CO 09-147) and authorize the expenditure of 205 a 10% contingency in the amount of $2,112.00 to provide technical consultation and research services for the Inventory Management of all Engineering and Public Works Public Facilities, to be funded from Fund 016 -Community Development Technical Services, Acct. No. 1016301-5300, and appropriate an amount of $23,240.00 to Fund 016 (Community Development Technical Services -Acct. No. 1016301-5300) from Community Development technical Services Fund Balance. 17. Approval and execution of Construction of Improvements and Hold Harmless Agreements 206 (CO 09-148 thru 09-165) between the City of Rancho Cucamonga and homeowners along Foothill Boulevard and Etiwanda Avenue. 18. Approval to accept improvements and file a Notice of Completion for improvements located 208 along Foothill Boulevard 600 feet east of Rochester Avenue, submitted by Patterson Builders. RESOLUTION NO. 09-047 209 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS LOCATED ALONG FOOTHILL BOULEVARD 600 • FEET EAST OF ROCHESTER AVENUE AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK • • R A EDEVELOPMENT GENCY, FIRE PROTECTION DISTRICT AND 8 CITY COUNCIL AGENDA RANCHO MARCH 1 S, 2009 CUCAMONGA 19. Approval to release Maintenance Guarantee Bond in the amount of $11,294.00 for the 211 Archibald Avenue Community Trail from Banyan to Wilson Project, Contract No. 07-218. 20. Approval to accept the Landscape Improvements of the MWD Parkway at the southeast corner of Bluegrass and Wilson Avenues, Contract No. 08-006 as complete, retain the 213 Faithful Performance Bond as a Guarantee Bond, release the Labor and Material Bond, authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $690,808.40. RESOLUTION NO. 09-048 216 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE LANDSCAPE IMPROVEMENTS OF THE MWD PARKWAY AT THE SOUTHEAST CORNER OF BLUEGRASS AND WILSON AVENUES, CONTRACT NO. 08-006 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 21. Approval to accept the Highland Avenue and Fairmont Way Street and Landscape 217 Improvements from San Benito to Kenyon Way, Contract No. OS-034 as complete, retain the Faithful performance Bond as a Guarantee Bond, release the Labor and Material Bond, authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $552,305.64. RESOLUTION NO. 09-049 220 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE HIGHLAND AVENUE AND FAIRMONT WAY STREET AND LANDSCAPE IMPROVEMENTS FROM SAN BENITO TO KENYON WAY, CONTRACT NO. 08-034 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 22. Approval to accept the 19"' Street Parkway Landscape improvements and Sapphire Street 221 Parkway Landscape improvements, Contract No. 08-073 as complete, retain the Faithful Performance Bond as a Guarantee bond, release the Labor and Material Bond, authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $200,006.00. RESOLUTION NO. 09-050 224 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE 19T" STREET PARKWAY LANDSCAPE IMPROVEMENTS AND SAPPHIRE STREET PARKWAY LANDSCAPE IMPROVEMENTS, CONTRACT NO. 08-073 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND • - CITY COUNCIL AGENDA _ MARCH 18, 2009 • 9 M. CONSENT ORDINANCES The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be routine and non-controversial. The Agency, Fire Board, or Council will act upon them at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion by an Agencymember, Boardmember, or Councilmember. 1. ENVIRONMENTAL ASSESSMENT AND APPROVAL OF THE DRAFT ORDINANCE OF 225 VACANT AND ABANDONED RESIDENTIAL. COMMERCIAL AND INDUSTRIAL PROPERTIES - DRC2008-00295 -CITYWIDE - An Ordinance to adopt regulations pertaining to the maintenance and security of vacant and abandoned residential, commercial and industrial properties and amending Title 8 of the Municipal Code. It is not anticipated that the project will have any significant impacts on the environment and therefore, the project is not subject to further review pursuant to California Environmental Quality Act (CEQA), Section 15061(b)(3). Staff has prepared a Notice of Exemption for consideration. ORDINANCE NO. 810 (second reading) 226 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING REGULATIONS PERTAINING TO THE MAINTENANCE AND SECURITY OF VACANT AND ABANDONED RESIDENTIAL, COMMERCIAL AND INDUSTRIAL PROPERTIES, AND AMENDING TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE 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 TERRA VISTA COMMUNITY PLAN 234 AMENDMENT- DRC2008-00761 - LEWIS OPERATING CORP. - A request to reduce the front-to-front building separation from 30 feet to 16 feet and the side-to-side building separation requirement from 15 feet to 8 feet for two-story buildings within the Medium- High Residential Development District (14-24 d/u per acre) of the Terra Vista Community Plan. Related files: Tentative Tract Map SUBTT18710, Development/Design Review DRC2008-00306 and Variance DRC2008-00762. Staff has prepared a Mitigated Negative Declaration of Environmental Impacts for consideration. (PowerPoint Presentation) C: REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA _ MARCH 18, 2009 ORDINANCE NO. 811 (first reading) 10 351 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2008-00761, A REQUEST TO REDUCE THE FRONT-TO-FRONT BUILDING SEPARATION FROM 30 FEET TO 16 FEET AND THE SIDE-TO-SIDE BUILDING SEPARATION REQUIREMENT FROM 15 FEET TO 8 FEET FOR TWO-STORY DUPLEX AND DETACHED SINGLE-UNIT BUILDINGS WITHIN THE MEDIUM-HIGH DENSITY RESIDENTIAL DISTRICT (14-24 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF r-~ f~ The following items have no legal publication or posting requirements. REPORT ON THE DRAFT CHINO BASIN WATER EFFICIENT LANDSCAPE ORDINANCE 2. CONSIDERATION OF AN AMENDMENT TO TITLE 12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE CHAPTER 12.16 REGULATION OF NEWSPAPER RACKS ORDINANCE NO. 812 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MAKING TECHNICAL CHANGES TO THE CITY'S NEWSRACK REGULATIONS, AND AMENDING TITLE 12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE ~~ P. COUNCIL BUSINESS ~~ The following items have been requested by the City Council for discussion. 360 365 372 COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) • REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA _ MARCH 18, 2009 IDENTIFICATION OF ITEMS FOR NEXT • 1, Debra L. McKay, Assistant City Clerk/Records Manager of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on March 12, 2009, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. MEETING TO ADJOURN TO A TEAM BUILDING WORKSHOP TO BE HELD ON MARCH 23, 2009, AT 6:00 PM IN THE VICTORIA GARDENS CULTURAL CENTER SOUTH AT 12505 CULTURAL CENTER DRIVE. 11 C7 March 2, 2009 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES FIRE PROTECTION DISTRICT MINUTES REDEVELOPMENT AGENCY MINUTES SPECIAL MEETING A. CALL TO ORDER . A special meeting of the Rancho Cucamonga City Council, Fire Protection District and Redevelopment Agency was held on Monday, March 2, 2009; in the City Council Chambers located at 12505 Cultural Center Drive, Rancho Cucamonga, California. Mayor/Chairman/ President Donald J. Kurth called the meeting to order at 12:05 p.m. Present were Councilmembers/BOardmemberslAgencymembers: Rex Gutierrez, Sam Spagnolo, Mayor Pro TemNice ChairmanlVice President L. Dennis Michael and Mayor/PresidenUChairman Donald J. Kurth. Councilmember/Boardmember/Agency Member Williams arrived at 12:39 p.m. Also present were: Jack Lam, City Manager; Pamela Easter, Assistant City Manager; John Gillison, Deputy City Manager/Administrative Services; Mahdi Aluzri, Deputy City Manager/Community Development; James Troyer, Planning Director; Debra McKay, Records Manager/Assistant City Clerk and Kathy Scott, Assistant City Clerk. Tim Johnson, District Director for Supervisor Paul Biane; Julie Rynerson Rock, Land Use Services Director for San Bernardino County and Mark Dowling, Economic Development Administrator for San Bernardino County were also present B. PUBLIC COMMUNICATIONS , John Lyons stated that when Los Osos High School was constructed, it was determined that the debris basin was undersized. On December 23, 2003 there was a major rainstorm which filed the entire debris basin. Mr. Lyons noted that the Council needed to look al the appropriate type of development that could be placed in that location as homes and condos would be washed away. Regarding the other site, he indicated that the water traveling under the 210 Freeway has not been permanently handled and stated that additional work might be necessary in that area as well. C: ITEIVI(S}OF BUSIN$SS':. 1. Consideration of Responses to the Request for Qualification (RFQ) for 1,200 acres, San Bernardino County Property, Located North of the City Boundary and in the City's Sphere of Influence (the Property is located north of Banyan Street and approximately Between Milliken Ave. and Day Creek Flood Control Channel), Including Presentations by and Interviews of Applicants Mahdi Aluzri, Deputy City Manager/Community Development presented the staff report. In response to Mayor Pro Tem Michael, Tim Johnson addressed the separation of the lwo parcels. He indicated that Area B is an isolated parcel with the only access being from a private gated community. In response to Mayor Kurth, Mr. Johnson stressed that a project is not being considered at this time but noted that the City Council should evaluate the qualifcations of each of the applicants. He stated that the San Bernardino County Flood Control District (District) currently owns the property. Mr. Johnson indicated that the County of San Bernardino (County) and the District agreed last week for the County to work with the City and a developer to entitle the land. It is envisioned that the District would declare the property surplus; the County would buy the property and then negotiations would occur with a developer. Mr. Johnson addressed Mayor Pro Tem Michael and stated that all proposed surplus properties must be evaluated and a decision must be made that the property is no longer required or necessary for flood control purposes. This recommendation will be forwarded to the Board of Supervisors for their determination. Special City Council/Fire Board/Redevelopment Agency Meeting March 2, 2009 Page 2 In response to Councilmember Spagnolo, a map was shown which shows the areas set aside for habitat conservation. Mr. Johnson addressed Mayor Kurth and stated that the County has offered to include the City in this process. The City Council will review all of the applicants and make a recommendation to the County. The County Board of Supervisors will decide. Two members of the City Council will be involved with a subcommittee to negotiate with the selected developer and eventually the goal is to annex the property into the City. Once development occurs, at a minimum it will meet City standards. David Lewis, representing' Rancho Alliance Investors, introduced the team and the Rancho Bella concept. Rancho Alliance includes the Lewis Group of Companies, Lennar, Diversified Pacific, SheaHomes, Young Homes, Architerra Design Group, Borders Golf Group, California Strategies, EDAW/AECOM, Fazio Golf Course Designers, Land Matters, Madole & Associates, Nicklaus Design, O'Reilly Public Relations, Pitassi Architects, RMA Group and TCM Group. Randal Lewis spoke about the vision of Rancho Bella, including building a sustainable development with many innovative housing types, ahigh-end neighborhood center, small retail development in the community core, various housing options, a major sports park, the incorporation of Healthy Rancho ideals into the land planning and programming and the inclusion of recreation, trees, paths and trails. He proposed utilizing the quarry site to create an oasis lake park and establishing an eco-golf course and indicated that neighborhood crafting would be done in order to create a community with lasting value. Also discussed was promotion of Healthy Rancho Cucamonga principals, creating a low carbon/low water sustainable community and concepts for a village activity center as well as a neighborhood retail center. A green infrastructure network was envisioned. Creation of Rancho Bella would be a collaborative effort with the community. Lastly, Mr. Lewis addressed past projects and the strengths that each team member brought to the project. In response to Mayor Pro Tem Michael, Mr. Lewis addressed how the team was chosen. He indicated that there would be various types of homes and different home builders would be involved in the project. Also discussed was the need to communicate to the stakeholders early on and throughout the entire process so that environmental concerns can be identified and resolved. In response to Councilmember Gutierrez, Mr. Lewis identifed other projects that could compare with these areas physical and environmental challenges. Each company's diversity of products and locations gives Rancho Alliance the fnancial ability to succeed. Mr. Lewis stated that the changes in the economy have not impeded Rancho Alliance's ability to successfully complete the project. In response to Councilmember Williams, Mr. Lewis stated that the company would be sensitive to the needs of the community and would get a consensus of how the project should look. Similarly, he confirmed to Mayor Pro Tem Michael that the sports park would take into account community needs and would be designed by the community for the community. Mayor Kurth inquired about the impact of the retail center. Mr. Lewis indicated that the neighborhood center would not compete with Victoria Gardens. In response to Mayor Kurth, Mr. Lewis noted that the team's strength was that they currently live and work in the City. Recess: Mayor Kurth recessed the meeting at 1:36 p.m. Reconvene: Mayor Kurth reconvened the meeting at 1:55 p.m. Steve Cameron, representing Foremost Communities, Inc., introduced the team. The Stanwood Team consists of Stanvood Capital Group, LLC, Foremost Communities, Inc. and T&B Planning. Stanwood Capital Group is one of the nation's most active and successful real estate investment firms. Foremost has entered into a joint venture with Stanwood Capital as its financial partner. Mr. Cameron is the President and Founder of Foremost Communities and has more than 20 years experience in Southern California real estate development and financing. T&B Planning has 35 years of experience in the planning industry. Mr. Cameron addressed past projects, including Talega (City of San Clemente), The Crosby (Rancho Santa Fe area) and Sycamore Creek (South Corona). He indicated that the team possessed the expertise and ability to make this project successful. Also discussed were the goals of the project as set forth in the Request for Proposals. Additional goals are to design a community that blends in with the surrounding communities, create a market driven plan, implement sustainable design principals, establish a village center for the greater vicinity, provide a trail system, phase in the development and ensure a financially feasible project. Special City Council/Fire Board/Redevelopment Agency Meeting March 2, 2009 Page 3 Michael Canfield, Sr. Vice President of Land Acquisitions for Foremost Communities addressed the project challenges and opportunities. He also presented a proposed land use plan which consisted of low density land use (1/2 acre lots) in Area B. The golf course is oriented north-south in Area A and a village center could be located in the southwest corner. The golf course would act as a drainage facility and would be planned to maximize the view corridors. Mr. Canfield noted that there are opportunities for a hotel to be constructed on the site and discussed the village center (which could include the high school, a retail center, the existing fre station, varied locally serving office uses, village green, future police station, a day care facility or a library, a live/work component and the 25-acre required community park). There could be higher density land uses in the northeast section of Area A. Mr. Canfeld also discussed the 600-foot easement to the east side of Area A and indicated that community gardens could be planted. Also discussed was the design concept for the residential community. Sustainability would be ensured throughout the entire process. Mr. Canfield discussed the need for stakeholder meetings and three community outreach meetings. He stated that the team is the most financially qualified to do this project. They possess the experience, reputation and commitment to do an outstanding job. In response to Councilmember Spagnolo, Mr. Cameron addressed Stanwood Capital Group's financial stability. Mr. Cameron responded to Mayor Pro Tem Michael by indicating that there was a core of team members from Foremost Communities and T8B Planning. Consultants would be retained to provide more specific expertise. Mr. Cameron referred Councilmember Gutierrez to the Talega project in the City of San Clemente as being a good example of a master planned community with a golf course, homes and a village center. Also, he referred the Council to Sycamore Creek in Carona. In response to Councilmember Gutierrez, Mr. Cameron reported that Stanwood Capital Group would provide capital for the venture. Foremost Communities was formed in January 2007 and does not own properties or have liabilities. In response to Mayor Pro Tem Michael, Mr. Canfield confrmed that he had worked on the Oak Valley project in the cities of Beaumont and Calimesa. In response to Councilmember Williams, it was noted that while a market study had not been done on the viability of a hotel or resort, if it turned out that they were viable, the Stanwood Team had the expertise to build them. In response to Mayor Kurth, Mr. Canfield addressed possible solutions to the drainage in Area A. He noted that the water could be channeled into the golf course. He expected that the team would consult with an engineering frm to evaluate the flows and find a solution. Mr. Cameron indicated to Mayor Kurth that the project would not be totally financed with cash and expected that they would be able to borrow money. In response to Mayor Pro Tem Michael, Mr. Canfield confirmed that an aquatics center was a possibility in the village center. He expected that entitlements could be obtained in 2 years. Recess: Mayor Kurth recessed the meeting at 2:48 p. m. Reconvene: Mayor Kurth reconvened the meeting at 3:14 p.m. Leonard Glickman, the lead principal for the K & K Development team, spoke about this privately held family-based real estate development and management group. K & K Developers believes in a team approach to project management and Mr. Glickman stated that everything would be handled in-house. Land planner, Peter Templeton of Templeton Planning Group and engineer Bob Stockton of Rick Engineering will serve as advisors of the day-to- day operation of the project. Mr. Templeton addressed the preliminary concept plan for Area A was discussed, which could include a well contained championship golf course that would take advance of the natural views, a series of lakes with drainage systems anchored by a hotel/spa facility with California friendly landscaping. The conceptual plan included a sports park adjacent to the high school with access from Wilson Avenue. Mr. Templeton stated that there would be a diverse array of housing options surrounding the golf course, an equestrian facility in the upper corner of Area A, which would have a trail head leading into the mountain trails. He expected that this concept would create 486 new jobs. A preliminary village center concept plan was discussed, which included a luxury hotel, wedding center, conference facility, hotel estate homes available for rent, full service spa, luxury condos, golf clubhouse with putting course, professional and medical offces, retail, etc. Also discussed was the bridge and tunnel entry & village approach, which consisted of only right hand turns into the community loop road. It is envisioned that this would be a walkable wmmunity. Special City Council/Fire Board/Redevelopment Agency Meeting March 2, 2009 Page 4 Mr. Glickman discussed past projects including the Coyote Hills East in the City of Fullerton and Querencia in Cabo San Lucas. He presented an illustrative site plan for Eagle Valley East, which is located in the City of Corona. He indicated that the team principals attended every meeting and stated the goal to build a sustainable, livable, walkable community. Challenges and constraints were discussed as well as the desire to involve the community in a transparent process. Mr. Glickman indicated to Mayor Pro Tem Michael that the environmental analysis would take 3-4 years and stated that the team would retain consultants to help with this process. He anticipated that K & K Development would retain ownership of the hotel. Mayor Pro Tem Michael inquired who would build the homes and while this hasn't been determined yet, Mr. Glickman was confident that quality companies could be retained. While K & K Development has not yet provided financial information, they intended to do so. Mayor Pro Tem Michael encouraged them to provide this information to the County. Mr. Glickman indicated to Councilmember Spagnolo that his company had created several major master planned developments in New Jersey. Templeton Planning Group has developed Eagle Valley East in the City of Corona. In response to Councilmember Gutierrez, he confrmed that the team was financially sound. In response to Mayor Pro Tem Michael, Mr. Glickman expected that the rock from the quarry would be used as a road base and incorporated into the project. The remainder would be buried. Mayor Kurth inquired on flood control issues and Mr. Glickman indicated that water use could be reduced by 50% but that additional study was needed. Also, he spoke about the benefts of a fresh approach to development. In response to Mayor Pro Tem Michael, Mr. Templeton discussed the concept of an equestrian facility in Area A. He discussed the placement of a small amphitheater in the village center in response to Councilmember Williams. Mr. Templeton indicated that the establishment of a Homeowners Association and/or gated communities is possible. Also discussed was the placement of an aesthetically pleasing hotel in the area. In response to Mayor Pro Tem Michael, the bridge and tunnel entry & village approach was discussed. Recess: Mayor Kurth recessed the meeting at 4:15 p.m. Reconvene: Mayor Kurth reconvened the meeting at 4:35 p.m. Mahdi Aluzri, Deputy City Manager/Community Development noted that a letter was received today from Toll Brothers stating that they are withdrawing their application and will be joining the Richland team. Stephen Thurtle, representing Richland Communities, confrmed that Toll Brothers has joined the team. He noted that Richland currently owns 440 acres to the north of Area A. He addressed past projects including Highland Reserve/Highland Park -Master Planned Communities in Roseville; Arrowood Golf Course Community in Oceanside and River Park in West Sacramento. James Boyd, Chief Operating Officer of the California Division of Toll Brothers, indicated that Toll Brothers Inc., is a Fortune 500 full service residential real estate development company and has been developing land and building luxury residential communities since 1967. The company has been named America's Best Builder and is the only national homebuilder focused on the luxury market. Toll Brothers is a leading golf course developer and offers high- end private, equity, non-equity, semi-private and public golf courses throughout the county. Mr. Boyd noted relevant local project experience including The Heights at Haven View, The Estates at Rancho Cucamonga, The Enclave I and The Enclave II. Stanley Morse from MDS Consulting introduced the company and the projects that he has worked an. Michael Schrock, Urban Arena, LLC, spoke about the vision of Cuverra, which would bring back Rancho Cucamonga's legacy by planting over 400 acres of vineyards throughout the project. This project would be the gateway to the Etiwanda Natural Preserve and an Etiwanda Nature Center is envisioned. A championship golf course is envisioned which would weave the front nine holes thru rolling vineyards and take advantage of Richland's property to the north by challenging the players with rugged topography at the base of the San Gabriel Mountains. The community's commercial core will provide easy access by electric vehicle for neighborhood shopping, wine tasting and outdoor dining. It will also contain office space and provide shared parking for sports park tournaments. Cuverra plans to use the grading operator to carve the land to form the finishing holes natural amphitheatre. Recreation would be provided around the existing high school to develop a shared use 40 acre destination facility. A dog park is located in the middle of the community core as the gateway to the sports park. Cuverra utilizes the irrigated vineyards and golf course to create a 300' safe zone which combined with a brush thinning area will Special City Council/Fire Board/Redevelopment Agency Meeting March 2, 2009 Page 5 provide a 600' fire buffer zone. James Moose, from the firm of Remy, Thomas, Moose and Manley, LLP, indicated his experience in environmental law. In response to Mayor Pro Tem Michael, Mr. Boyd indicated that Toll Brothers would build some of the homes and would establish the quality of the neighborhood. Other builders would be selected based upon their reputation, fnancial situation and their general philosophy. Mr. Boyd suggested that Councilmember Gutierrez tour Vista Del Verde in Yorba Linda or Arrowood Golf Course Community in Oceanside. Also discussed was the reason that Toll Brothers joined the team. Mr. Boyd addressed Mayor Pro Tem Michael and stated that the amphitheater could be maintained by the golf course or by the hotel. He did not expect that finding a manager for the vineyards would be difficult. It is envisioned that the vineyards would be the responsibility of the Homeowners Association. Mr. Thurtle indicated that the golf course would not disrupt the public's use of the mitigation area. In response to Councilmember Williams, discussion was held on how the assessments would be set up. Il was noted that all of the areas would be open to the public. It was envisioned that the golf course would be private. In response to Mayor Kurth, it was noted that more study needs to be done on the flood control issues. The Richland team expected that the combination of irrigated grapes and golf course would provide an adequate fire break. ~D. ADJOURNMENT The meeting adjourned at 5:50 p.m. to March 3, 2009 at 1:30 p.m. for a meeting in the City Council Chambers at City Hall, located at 10500 Civic Center Drive. Respectfully submitted, Debra L. McKay, MMC Assistant City Clerk/Records Manager Approved: March 3, 2009 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES FIRE PROTECTION DISTRICT MINUTES REDEVELOPMENT AGENCY MINUTES ADJOURNED REGULAR MEETING A: CALL' TO ORDER' ;~ . . An adjourned regular meeting of the Rancho Cucamonga City Council, Fire Protection District and Redevelopment Agency was held on Tuesday, March 3, 2009, in the City Council Chambers located at 12505 Cultural Center Drive, Rancho Cucamonga, California. Mayor/Chairman/ President Donald J. Kurth called the meeting to order at 1:33 p.m. Present were Councilmembers/Boardmembers/Agencymembers: Rex Gutierrez, Sam Spagnolo and Diane Williams, Mayor Pro TemNice ChairmanNice President L. Dennis Michael and Mayor/President/Chairman Donald J. Kurth. Also present were: Jack Lam, City Manager; Jim Markman, City Attorney; Pamela Easter, Assistant City Manager; John Gillison, Deputy City Manager/Administrative Services; Mahdi Aluzri, Deputy City Manager/Community Development; James Troyer, Planning Director and Debra McKay, Records Manager/Assistant City Clerk and Kathy Scott, Assistant City Clerk. Tim Johnson, District Director far Supervisor Paul Biane; Julie Rynerson Rock, Land Use Services Director for San Bernardino County and Mark Dowling, Economic Development Administrator for San Bernardino County were also present. ' B. PUBLIC.COMMUNICATIONS John Lyons indicated that yesterday he had expressed concerns with Flood control in the area. After listening to the presentations, he believed that a project in this area could be positive for the City. Michael Baker, Executive Director of the Boys and Girls Club of Anaheim, highly recommended Brookfield Homes and indicated that they are truly making a difference in the community. Joseph Davis, past President of the Irvine Community Development Company, noted that he had worked closely with Brookfeld Homes and recommended them highly. Rowena Abuan stated her positive experiences with Brookfeld Homes , C:. ITEM(S).OF BUSINESS _ - " 1. Consideration of Responses to the Request for Qualifcation (RFO) for 1,200 acres, San Bernardino County Property, Located North of the City Boundary and in the City's Sphere of Influence (the Property is located north of Banyan Street and approximately Between Milliken Ave. and Day Creek Flood Control Channel), Including Presentations by and Interviews of Applicants Mahdi Aluzri, Deputy City Manager/Community Development indicated that this meeting was scheduled to continue the interview process with the applicants. Adrian Foley, President of Brookfeld Homes introduced the team, including Ronald Krater, JZMK Partners; John Olivier, Fuscoe Engineering; David Moskovitr, Glenn Lukos Associates and Matthew Burris, CTG Energetics. Mr. Foley indicated that Brookfeld Homes had direct experience in building in the foothills as shown in the La Vina community, a 220 acre site located in the foothills of the San Gabriel Mountains. Ronald Krater, JZMK Partners, indicated that the company was experienced in planning, urban design and architectural design. Projects include Edenglen in Ontario and The Irvine Ranch (Woodbury, Orchard Hills, Portola Springs, Laguna Crossing, Stonegate and Newport Ridge). Adjourned Regular City Council/Fire Board/Redevelopment Agency Meeting March 3, 2009 Page 2 John Olivier, Fuscoe Engineering, addressed project challenges (flood control, drainage, habitat) and Fuscoe's experience in addressing these type of challenges in designing the San Sevaine Levees, San Sevaine Channel and Etiwanda Flood Wall as well as the Wildlife Corridor and Agua Chinon "Natural Stream" at the Great Park. He identified opportunities to design and construct green streets, buried entrapment zones and natural treatment systems. Mr. Olivier indicated that the frm had great relationships with Federal and Stale regulatory agencies. David Moskovitz, Glenn Lukos Associates, spoke regarding the environmental challenges and the company's experience in identifying and addressing these challenges. Dave Bartlett, Vice President -Land Entitlement discussed the entitlement process and the need for community outreach and stakeholder sessions. Mr. Krater presented the vision for Legacy Park. In general, a plan was not developed as the design of the area would be developed with input from the community. Legacy Park is envisioned to be to be a complete community of diverse, compact, pedestrian-oriented neighborhoods; dynamic village center; educational campuses; and public facilities; linked together through a comprehensive open space, recreation and trails system within the unique setting of the foothills. There are four overreaching principals far Legacy Park: Open space would be the primary organizing element; healthy neighborhoods would be developed; there would be a strong sense of community pride and success through a commitment to public outreach, consensus building, and embracing spirit of partnership; the human and natural systems would be integrated into a truly sustainable environment; there would be a diversity of housing opportunities and there would be a sense of community. Carina Hathaway, Vice President of Sales and Marketing, spoke about the brilliant team and their passion and commitment to the project. In response to Councilmember Spagnolo, Mr. Foley confirmed that the team did not have retail experience but indicated that people would be added to the team that possessed this experience. Mr. Moskovitz confirmed that he had managed the regulatory requirements for Lytle Creek. Mr. Foley invited Councilmember Gutierrez to lour the La Vina community as an example of Brookfield's work. He also confirmed that the company was weathering the economic storm. Mr. Foley responded to Mayor Pro Tem Michael and indicated that there would be a group of homebuilders. Mr. Olivier addressed the rock quarry and stated that the firm would be looking al various solutions. Mr. Moskovitz indicated that golf courses could be harmful to the environment and discussed the Audubon certification program for golf courses. Also discussed was Brookfield's vision to provide a wide range of housing choices. In response to Councilmember Williams, Mr. Olivier recognized the value of the water runoff and stated that perhaps some of the constraints could be removed so that runoff was allowed. Also discussed with Councilmember Williams was the vision to place retail amenities in the center and residential developments along the fringes. Mr. Olivier addressed Mayor Kurth and stated that flood control would be the major issue. He expected that new calculations would need to be done to ensure that the homes in that area would be protected. Mr. Olivier stated that Brookfield has experience in building in the foothills. Also discussed was the desire to build a community and sustain a community at no cost to the City. D. ADJOURNIvIENT The meeting adjourned at 2:54 p.m. Respectfully submitted, Debra L. McKay, MMC Assistant City Clerk/Records Manager Approved: March 4, 2009 RANCHO CUCAMONGA REDEVELOPMENT AGENCY, FIRE DISTRICT AND CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER ' The Rancho Cucamonga Redevelopment Agency, Fire District and City Council held a closed session on Wednesday, February 18, 2009, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:05 p.m. by Chairman/PresidenUMayor Donald J. Kurth. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams, Vice ChairmanNice PresidenUMayor Pro Tem L. Dennis Michael and Chairman/PresidenUMayor Donald J. Kurth. Also present were: Jack Lam, Executive Director; Pamela Easter, Assistant City Manager; James Markman, City Attorney; John Gillison, Deputy City Manager/Administrative Services and Linda D. Daniels, Redevelopment Agency Director. W#M1eM - B. ANNOUNCEMENT OF CLOSED SESSION ITEM S Chairman/PresidenUMayor Donald J. Kurth announced the closed session items: 1. LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54954.2 TO GIVE JOHN GILLISON, DEPUTY CITY MANAGER AND PAMELA EASTER, ASSISTANT CITY MANAGER, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS -RDA, City, Fire 2. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A) -FREEDOM FROM RELIGION FOUNDATION, INC V. CITY OF RANCHO CUCAMONGA, AND LINDA DANIELS -CASE NUMBER 2:08-CV- 07833-PA-PJW, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CA, EASTERN DIVISION -RDA 3. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF FOOTHILL BOULEVARD AND ARCHIBALD AVENUE -LINDA D. DANIELS, RDA DIRECTOR, NEGOTIATING PARTY-RDA .,.,.. C. PUBLIC COMMUNICATIONS ON'CLOSED'SESSION . .. ITEM S No one was present to comment on the closed session item. D. CONDUCT OF CLOSED SESSION Closed session began at 5:05 p.m. Redevelopment Agency, Fire Protection District, City Council Minutes March 4, 2009 Page 2 E. CITY MANAGER ANNOUNCEMENTS . No announcements were made. ...... . ,...'F. RECESS The closed session adjourned at 6:50 p.m. with no action taken. • G. REGULAR MEETING + CALL" TO ORDER - 7,:OO,P M,; ° `. , - . •'COUNCIL CHAMBERS The meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District, and City Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman/President/Mayor Donald J. Kurth called the meeting to order at 7:06 p.m. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams, Vice ChairmanNice President/Mayor Pro Tem L. Dennis Michael and Chairman/President/Mayor Donald J. Kurth. Also present were: Jack Lam, City Manager; Jim Markman, City Attorney; John Gillison, Deputy City Manager/Administrative Services; Linda Daniels, RDA Director; James Troyer, Planning Director; Peter Bryan, Fire Chief; Chief Joe Cusimano, Rancho Cucamonga Police Department; Robert Karatsu, Library Director; Trang Huynh, Building and Safety Official; Mark Steuer, Director of Engineering Services/City Engineer; Jim Frost, City Treasurer; Debra McKay, Records Manager/Assistant City Clerk and Kathy Scott, Assistant City Clerk. H. ,ANNOUNCEMENTS/PRESENTATIONS ,' j 1. Introduction of Rod Hoops, newly-appointed Sheriff-Coroner of the County of San Bernardino, by Joe Cusimano, Captain of the Rancho Cucamonga Police Department. Joe Cusimano, Captain of the Rancho Cucamonga Police Department introduced the newly-appointed Sheriff-Coroner of the County of San Bernardino, Rod Hoops. 2. Announcement of the March 12, 2009 Joint City Council/Planning Commission Workshop to review and comment on the "The Spirit of Rancho Cucamonga' Guiding Principles. James Troyer, Planning Director, announced the upcoming Joint City Council/Planning Commission workshop on March 12, 2009. Redevelopment Agency, Fire Protection District, City Council Minutes March 4, 2009 Page 3 3. Presentation of a check to the Rancho Cucamonga Adult Literacy Program by Mrs. Sharon Goolsby and Barbara Potter. Robert Karatsu, Library Director, introduced Sharon Goolsby and Barbara Potter who presented a $1,000 check to Rosie Manela, Literacy Coordinator. A segment of "Good Morning America" regarding the adult literacy program was played. I. PUBLIC COMMUNICATIONS II. Gino Filippi reminded everyone of the upcoming Library telethon, to be held on March 13, 14 & 15, 2009. A video was shown of a segment of last year's telethon. Bruce Bowne, President of the Library Foundation, spoke in support of the telethon as well. 12. Christopher Weller commended the Council on the review process for the General Plan. He expressed concerns with the economy and urged the Council to create localized currency. 13. Ed Dietl enjoyed the workshop today with the City Council and Planning Commission subcommittee. He urged the City Council to become more involved with the Red Hill traffic situation. He requested assistance in getting the historic gas station secured. Lastly, Mr. Dietl suggested that a world class museum be established. 14. Jim Frost indicated that the 3rtl annual Run for the Wall Fundraiser and BBO, which will be held on April 4, 2009 at the Raytheon Company. The gates open at 11:00 a.m. Mr. Frost also spoke about a veteran's literacy program. 15. Traci Ruth from CalTrans spoke about the upcoming I-15 rehabilitation project. Community meetings will be held on March 12, 2009 at 8:30 a.m. and March 17, 2009 at 7:00 p.m. in the Victoria Gardens Cultural Center. I6. John Lyons spoke about domestic violence and encouraged women being abused to tell someone. 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. Approval of Minutes: October 1, 2008 (Regular Meeting) October 15, 2008 (Regular Meeting) February 10, 2009 (2009/2010 Goals) February 18, 2009 (Regular Meeting) 2. Approval of Check Register dated February 11 through February 24, 2009, for the total amount of $1,433,041.09. MOTION: Moved by Spagnolo, seconded by Williams, to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried 5-0. •1!k!• Redevelopment Agency, Fire Protection District, City Council Minutes March 4, 2009 Page 4 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. Approval of Minutes: October 1, 2008 (Regular Meeting) October 15, 2008 (Regular Meeting) February 10, 2009 (2009/2010 Goals) February 18, 2009 (Regular Meeting) 2. Approval of Check Register dated February 11 through February 24, 2009, for the total amount of $90,147.67. 3. Approval of an Annexation Map showing Assessor Parcel Numbers 0207-113-23 & 24 (RC66 Plaza, LLC), located on the southwest corner of Foothill Blvd. and San Bernardino Rd., to be annexed into CFD 85-1. RESOLUTION NO. FD 09-004 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 09-2) SHOWING PROPERTY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 4. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No. 09-2 (APNs: 0207-113-23 8 24, RC66 Plaza, LLC), into Community Facilities District No. 85-1, specifying services provided, to set and specify the special taxes to be levied within the annexation territory and set a time and place for a public hearing related to the annexation. RESOLUTION NO. FD 09-005 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 09- 2) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 5. Adoption of a Resolution declaring results of a Special Election in Community Facilities District No. 85-1, Annexation No. 08-2 and ordering the annexation of such property to Community Facilities District No. 85-1 (Pneudraulics, Inc. a California Corporation-APN 0209-021,42). Redevelopment Agency, Fire Protection District, City Council Minutes March 4, 2009 Page 5 RESOLUTION NO. FD 09-006 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 THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 08-2 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 85-1 MOTION: Moved by Michael, seconded by Williams, to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried 5-0. 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. Councilmember Williams removed Item L3. for discussion. Approval of Minutes: October 1, 2008 (Regular Meeting) October 15, 2008 (Regular Meeting) February 10, 2009 (2009/2010 Goals) February 18, 2009 (Regular Meeting) 2. Approval of Check Register dated February 11 through February 24, 2009, and payroll ending February 24, 2009, for the total amount of $4,736,198.01. 3. Approval to authorize the advertising of the "Notice Inviting Bids" for the FY 2009/10 Local Street Pavement Rehabilitation -Overlay of Various Streets, to be funded from Prop. 1 B Acct. No. 1194303-5650/1022194-0 and Prop 42 Traffic Relief Fund, Acct. No. 1190303- 5650/1022190-0 for construction of said project. (Removed for Discussion) RESOLUTION NO. 09-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE FY 2009/10 LOCAL STREET PAVEMENT REHABILITATION -OVERLAY OF VARIOUS STREETS, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 4. Approval of a Request from "Run for the Wall" for a Waiver of Fees and Charges for Local Events Associated with the 2009 Run. 5. Approval of a Records Retention Schedule Addition for the Animal Care and Adoption Center. RESOLUTION NO. 09-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE RECORDS RETENTION SCHEDULE ADDITION FOR THE ANIMAL CARE AND ADOPTION CENTER OF THE CITY OF RANCHO CUCAMONGA Redevelopment Agency, Fire Protection District, City Council Minutes March 4, 2009 Page 6 6. Approval of a Resolution authorizing the destruction of City records pursuant to California Government Code Section 34090, the City's Records Retention Schedule, and other applicable legal citations. RESOLUTION NO. 09-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS WHICH ARE NO LONGER REQUIRED AS SET FORTH IN CALIFORNIA GOVERNMENT CODE SECTION 34090 AND OTHER APPLICABLE LEGAL REFERENCES Approval of a Resolution approving the Memorandum of Understanding (CO 09-146) between the City of Rancho Cucamonga and Executive Management Group for Wages, Benefits, and other Terms and Conditions of Employment for Fiscal Year 2009-2010. RESOLUTION NO. 09-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE CERTAIN MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO CUCAMONGA AND EXECUTIVE MANAGEMENT GROUP FOR WAGES, BENEFITS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEAR 2009-2010 8. Approval of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for DRC2004-00816, located at 6488 Carol Avenue, submitted by Gilbert B. Rodriguez, GR-JR Construction. RESOLUTION NO. 09-033 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 DRC2004-00816 RESOLUTION NO. 09-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2004-00816 9. Approval to accept Improvements, retain the Faithful Pertormance Bond in lieu of a Maintenance Bond, and file a Notice of Completion for improvements for Tract 14493, located at the southwest corner of Day Creek Boulevard and Banyan Street, submitted by Young California Cucamonga, L.P. RESOLUTION NO. 09-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 14493 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Redevelopment Agency, Fire Protection District, City Council Minutes March 4, 2009 Page 7 10. Approval to release the Maintenance Guarantee Bond for Tract 14759 (Street Improvements), located at Wardman Bullock Road and Wilson Avenue, submitted by Pulte Homes. 11. Approval to release the Maintenance Guarantee Bond for Tract 14759-1, located at Wardman Bullock Road and Wilson Avenue, submitted by Pulte Homes. 12. Approval to release the Maintenance Guarantee Bond for Tract 14759-2, located east of Wardman Bullock Road and South of Wilson Avenue, submitted by Pulte Homes. 13. Approval to release the Maintenance Guarantee Bond for Tract 14759-3, located at Wardman Bullock Road and Wilson Avenue, submitted by Pulte Homes. 14. Approval to release the Maintenance Guarantee Bond for Parcel Map 16089, located on the north side of Wilson Avenue, east of Hermosa Avenue, submitted by David F. Dowding & Judy Dowding, husband and wife; Daniel Valdivia & Karla Valdivia, husband and wife; and Fabricio Badiola, a married man. 15. Approval to release Faithful Performance Bond No. 6473445 in the amount of $901,115.00, retained in lieu of a Maintenance Guarantee Bond, for Foothill Boulevard Storm Drain from San Sevaine Channel to 1900' east of Etiwanda Avenue project, Contract No. 07-126. 16. Approval to release Faithful Pertormance Bond No. 727421P in the amount of $172,730.06, retained in lieu of a Maintenance Guarantee Bond, for La Senda and Etiwanda Channel Access Ramps and Foothill Boulevard Drainage Improvements project, Contract No. 07-208. 17. Approval to accept the Wilson Avenue Pavement Rehabilitation from Archibald Avenue to Canistel Avenue improvements, Contract No. 08-160 as complete, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Material Bond, authorize the City Engineer to file a Notice of Completion, and approve the final contract amount of $950, 519.40. RESOLUTION NO. 09-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE WILSON AVENUE PAVEMENT REHABILITATION FROM ARCHIBALD AVENUE TO CANISTEL AVENUE IMPROVEMENTS, CONTRACT NO. 08-160 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 18. Approval to accept the Fiscal Year 2008/2009 Local Street Rehabilitation Overlay project, Contract No. 08-161 as complete, retain the Faithful Pertormance Bond as a Guarantee Bond, release the Labor and Material Bond, and authorize the City Engineer to file a Notice of completion and approve the final contract amount of $786,784.00. RESOLUTION NO. 09-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE FISCAL YEAR 2008/2009 LOCAL STREET REHABILITATION OVERLAY PROJECT, CONTRACT NO. 08-161 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Michael, seconded by Williams, to approve the staff recommendations in the staff reports for the remaining items. Motion carried 5-0. Redevelopment Agency, Fire Protection District, City Council Minutes March 4, 2009 Page 8 3. Approval to authorize the advertising of the "Notice Inviting Bids' for the FY 2009/10 Local Street Pavement Rehabilitation - Overlay of Various Streets, to be funded from Prop. 1 B Acct. No. 1194303-5650/1022194-0 and Prop 42 Traffic Relief Fund, Acct. No. 1190303- 5650/1022190-0 for construction of said project. (Removed for Discussion) RESOLUTION NO. 09-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE FY 2009/10 LOCAL STREET PAVEMENT REHABILITATION -OVERLAY OF VARIOUS STREETS, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS Councilmember Williams indicated that residents often contact her with questions on when their street will be repaired. She requested that a map showing the various scheduled street improvements be placed on the Internet. Mark Steuer, Director of Engineering Services/City Engineer indicated that the list could be posted along with the completion dates. MOTION: Moved by Williams, seconded by Michael, to approve the staff recommendations in the staff report. Moticn carried 5-0. ' 1VI. 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. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSSION DECISION FOR THE REVOCATION OF CONDITIONAL USE PERMIT 87-06R - PEPPER'S MEXICAN RESTAURANT - To consider revocation of a conditional use permit for the serving of distilled spirits in conjunction with a restaurant use, located at 9740 19th Street. APN: 1076-011-10. Related File: Entertainment Permit 89-04R. (CONTINUED FROM JANUARY 21, 2009) RESTAURANT - 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. (CONTINUED FROM JANUARY 21, 2009) RESOLUTION NO. 09-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S REVOCATION OF CONDITIONAL USE PERMIT NO. CUP 87-06, FOR THE SERVING OF DISTILLED SPIRITS 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. Redevelopment Agency, Fire Protection District, City Council Minutes March 4, 2009 Page 9 RESOLUTION NO. 09-018 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. Tabe Van der Zwang, Associate Planner, gave the staff report In response to Councilmember Spagnolo, Mr. Van der Zwang reviewed the timeline of events.. He indicated that the Police Department and ABC conducted a joint compliance check on August 8, 2008 at which time one person was arrested for public intoxication, the bartender was cited for serving alcohol to an intoxicated person and the Pepper's manager was cited for having an expired business license. Mr. Van der Zwang responded to Mayor Kurth and indicated that Pepper's was not chosen specifically for the compliance check but that the check was done randomly with several different establishments. Afterwards, the applicant came in and filed for a new business license listing the business as Pepper's Sports Bar. The Planning Department sent a letter informing the applicant that a sports bar was not a permitted use and to cease the non-permitted use. In response to Mayor Kurth, Mr. Van der Zwang stated that Pepper's was not allowed to operate until 2:00 a.m. as the Conditional Use Permit only allowed the restaurant to be open until 11:00 p.m. Staff does not know when the business started allowing patrons to stay later than 11:00 p.m. Mayor Kurth inquired on the type of music allowed with the Entertainment Permit and it was noted that light jazz or soft pop was allowed, not heavy metal or a disc jockey. The increase in the number of calls for service was discussed. In response to Councilmember Williams, Mr. Van der Zwang stated that that the bouncer-related assault calls for service were incidents when a person filed a complaint against the bouncer. He indicated that as a result of the August, 2008 incident the matter was scheduled for October 22, 2008 and noted that at that meeting, the Planning Commission revoked the Conditional Use Permit and the Entertainment Permit. As this decision has been appealed to the City Council, a stay has been placed on the revocation and the business is still in operation. Mr. Van der Zwang indicated that the applicant has made a number of changes since the decision, including removing the high bar tables and bar stools, partially adhering to the hours of operation (on October 31, 2008 the Police Department found that Pepper's was open and serving alcohol after 11:00 p.m.), obtained a business license and no longer offers live music or a disk jockey. Also; he noted that the applicant has removed the bar signage and indicated that calls for service have decreased. In response to Mayor Pro Tem Michael, it was believed that the reduction in calls for service was related to the change in the hours of operation. Before that time, most of the calls for service were after 12:00 midnight. In response to Councilmember Spagnolo, police officers present indicated that the bouncers might still be in jail. It was not known what time Peppers is currently closing. In response to Mayor Kurth, staff indicated that Peppers is still serving distilled spirits. Jack Lam, City Manager, commented that the lapse in licensing was due to a reduction in staff. Since that time, the City has an automated system to ensure that business licenses are kept current. Also discussed were the locations in which bars are allowed. James Troyer, Planning Director stated that the kitchen was completely closed when staff became aware of the situation. The kitchen has since then been reopened. He indicated to Councilmember Williams that he would like to see a year elapse with the business in compliance before allowing distilled spirits. Redevelopment Agency, Fire Protection District, City Council Minutes March 4, 2009 Page 10 Also discussed was the placement of video games without a permit. It was noted that the applicant was contacted and has since then removed the games. Mr. Van der Zwang responded to Mayor Kurth and was unable to confirm that the business was completely compliant at this point in time. Mayor Kurth opened the public hearing. Bruce Allen, Esq. Attorney for Pepper's Restaurant noted that when the owner was told of the lapse in the licensing, he applied for one. He recognized the calls for service but was not certain how factual the calls were. Mr. Allen indicated that the issue with ABC had been resolved and noted that a fine had been paid and the suspension was permanently stayed. He had advised the family of the practice of staying open later than 11:00 p.m. to allow patrons to finish their food and drinks. Mr. Allen noted that when the owner had bought the business in 2005, it had been operating as a sports bar. He asked that the appeal of the Entertainment Permit be withdrawn. The owner participates in the community and wants to stay in business. Mr. Allen showed pictures of the walls and indicated that the beer signs had been removed. In response to Mayor Pro Tem Williams, Mr. Troyer stated that the owner was not asked to remove indoor signage. However, James Markman, City Attorney noted the testimony at the Planning Commission meeting about the bar-like atmosphere and stated that the owner is trying to resolve this concern. Mr. Allen recognized the desire for a probation period but he expected that the calls for service will go down due to the change in the hours of operation. Mr. Markman suggested that the hearing be continued to another date so that staff could periodically check on the operation to ensure compliance. If the City Council chose not to revoke the permit and then wanted to reconsider that decision, ttie matter would need to be placed on the Planning Commission's calendar and the process would need to start all over again. In response to the Council, Captain Joe Cusimano stated that the Police Department would like the permit revoked as if the business is allowed to continue, it could evolve into a problem again. Captain Cusimano noted that he could check with ABC on the status of the matter and do unannounced checks on the business to ensure compliance if the City Council wished. Mr. Allen responded to Mayor Pro Tem Michael and indicated that Mr. Frias was comfortable with the conditions of approval. Mayor Pro Tem Michael expressed a concern with putting the owner out of business as this would affect the neighborhood center and concurred with the continuance. Councilmember Williams expressed a concern with the bouncers and asked the owner to use a better set of standards for hiring bouncers. In response to Councilmember Williams, Mr. Frias noted his lunch menu and recognized the need to promote the lunch menu and early dinner clients. He stated that the Planning Department had advised that he should stop serving clients at 11:00 p.m. but could allow them to finish up before leaving. Councilmember Spagnolo requested proof that more food is being sold than drinks. In response, Mr. Troyer indicated that ABC could provide this information. Mayor Kurth closed the public hearing. Mayor Kurth noted that the City Council relied upon the Planning Commission and staff and understood why the Conditional Use Permit and Entertainment Permit were revoked. However, he noted the progress being made on the concerns outlined in the staff report. The City Attorney suggested that the City Council continue the matter in order to allow time to observe the business. Mr. Markman inquired if Mr. Allen concurred with the continuance. As Mr. Allen concurred, Mr. Markman suggested that the City Council adopt a motion continuing the hearing to July 1, 2009 in this Council Chambers at 7:00 p.m. Redevelopment Agency, Fire Protection District, City Council Minutes March 4, 2009 Page 11 MOTION: Moved by Michael, seconded by Williams, to continue the hearing to July 1, 2009. Motion carried 5-0. Mr. Allen requested that the matter be continued until July 15, 2009 due to the 4~" of July weekend. AMENDED MOTION: Moved by Michael, seconded by Williams, to continue the hearing to July 15, 2009. Motion carried 5-0. 2. ENVIRONMENTAL ASSESSMENT AND APPROVAL OF A DRAFT ORDINANCE OF VACANT AND ABANDONED RESIDENTIAL. COMMERCIAL AND INDUSTRIAL PROPERTIES - DRC2008-00295 - CITYWIDE - An Ordinance to adopt regulations pertaining to the maintenance and security of vacant and abandoned residential, commercial and industrial properties and amending Title 8 of the Municipal Code. It is not anticipated that the project will not have any significant impacts on the environment and therefore, the project is not subject to further review pursuant to California Environmental Quality Act (CEQA), Section 15061(b)(3). Staff has prepared a Notice of Exemption for consideration. (PowerPoint Presentation) ORDINANCE NO. 810 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING REGULATIONS PERTAINING TO THE MAINTENANCE AND SECURITY OF VACANT AND ABANDONED RESIDENTIAL, COMMERCIAL AND INDUSTRIAL PROPERTIES, AND AMENDING TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE James Troyer, Planning Director, gave the staff report In response to Mayor Kurth, Mr. Troyer and Mr. Markman spoke about the regulation and enforcement of this Ordinance. Mayor Pro Tem Michael stressed that the provision for green paint only applies to homes in foreclosure. Councilmember Spagnolo noted that the City is not alone in this problem and stated that a League task force had been established to put together some regulations. This Ordinance has been shared with the task force. Mayor Pro Tem Michael supported the Ordinance and stated the desire to protect the value of homes in the City. Trang Huynh, Building and Safety Official, indicated that there is no fee to register a home under this program. Mayor Kurth opened the public hearing. Ryan Smith, from the Inland Valley Association of Realtors, appreciated the problem and pledged to work with the City. Ed Dietl suggested that the City form teams to water the landscaping and ensure that the homes were secured. John Lyons indicated his success in contacting staff to secure foreclosed homes. He suggested that volunteers be found to assist. Mayor Kurth closed the public hearing Redevelopment Agency, Fire Protection District, City Council Minutes March 4, 2009 Page 12 MOTION: Moved by Michael, seconded by Williams, to adopt Ordinance 810 for first reading and set second reading for March 18, 2009. Motion carried 5-0. 3. RESOLUTION NO. 09-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING ELECTRIC RATES, FEES, AND CHARGES PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE Michael TenEyck presented the staff report. Mayor Kurth opened the public hearing. With no speakers, Mayor Kurth closed the public hearing. MOTION: Moved by Williams, seconded by Gutierrez, to adopt Resolution No. 09-038. Motion carried 5- 0. N. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Spagnolo spoke regarding the flag burning ceremony last weekend and reminded everyone of the Foreclosure Prevention and Assistance Workshop on March 7, 2009 from 9:00 - 3:00 p.m. at the Goldy S. Lewis Community Center. Councilmember Spagnolo indicated that an Arbor Day celebration would be held on March 11, 2009 at 9:30 p.m. He urged the community to support the Library Telethon. Councilmember Spagnolo indicated that Rancho Cucamonga was the best place to live and encouraged the community to shop in the City. Mayor Pro Tem Michael encouraged everyone to support the telethon, as funds raised help sustain library services. He received the Grapevine and was astounded as to the amount of material in it. Mayor Pro Tem Michael noted the passing of former state Assembly Member Nell Soto and asked that the meeting be adjourned in her honor. Councilmember Williams concurred, noting that Nell Soto was a great friend to local government. Councilmember Williams reported on the recent trip to Washington D.C. by representatives of San Bernardino Association of Governments and indicated that they received a very favorable reception. She noted that the Mayor of Highland was appointed to the California 1D Committee. Mayor Kurth commended Nell Soto, noting that she was always willing to champion bills for the good of the community regardless of their difficulty. He indicated that the entire City Council welcomed contact by the members of the public and was thankful of the opportunity to serve. 2. LEGISLATIVE AND REGIONAL UPDATES (Oral) Redevelopment Agency, Fire Protection District, City Council Minutes March 4, 2009 Page 13 Councilmember Spagnolo noted that the voters will be deciding on some of the issues approved in the State budget compromise. He encouraged everyone to read the material carefully and vote. Councilmember Spagnolo referenced the economic stimulus package and stated that the City has established a task force to track funding availability at the Federal level. Mayor Pro Tem Michael reported that he had traveled to Washington DC with the Mayor, City Manager and Principal Management Analyst in order to meet with our representatives and various agencies. Mayor Kurth confirmed that these trips were important to ensure funding for the City and announced that the 2009 Federal Omnibus Bill passed last week in the House contained $712,500 for the City. Mayor Kurth noted that the money would be used to assist the flow of traffic from the I-15 Freeway at Foothill. He thanked Congressman Dreier for his assistance. O. IDENTIFICATION OF ITEMS FOR NEXT MEETING Councilmember Gutierrez requested an update on the Red Hill traffic issue. P. ADJOURNMENT Mayor Kurth adjourned the meeting at 10:32 p.m. in memory of former state Assembly Member Nell Soto. The meeting was adjourned to March 12, 2009 at 6:30 p. m. Respectfully submitted, Debra L. McKay, MMC Assistant City Clerk/Records Manager Approved: """ RANCHO CUCAMONGA REDEVELOPMENT AGENCY Agenda Check Register 2/25/2009 through 3/10/2009 Check No. Check Date Vendor Name - Amount AP - 00279378 2/25/2009 ALTA LAGUNA MOBILE HOME PARK 459.47 AP - 00279379 2/25/2009 ALTA VISTA MOBILE HOME PARK 200.00 AP - 00279414 2/25/2009 CASA VOLANTE MOBILE HOME PARK 700.00 AP - 00279418 2/25/2009 CHAPARRAL HEIGHTS MOBILE HOME PARK 341.23 AP - 00279433 2/25/2009 COSTCO WHOLESALE CORPORATION 87,038.25 AP - 00279440 2/25/2009 DAILY JOURNAL CORPORATION 2,389.20 AP - 00279446 2/25/2009 DEKRA-CITE INDUSTRIES INC 10,286.88 AP - 00279446 2/25/2009 DEKRA-CITE INDUSTRIES INC 9,507.92 AP - 00279456 2/25/2009 ECONOMIC AND POLITICS INC 15,500.00 AP - 00279471 2/25/2009 FOOTHILL MOBILE MANOR 100.00 AP - 00279476 2/25/2009 GEOGRAPHICS 296.31 AP - 00279483 2/25/2009 GROUP C COMMUNICATIONS INC 5,530.00 AP - 00279491 2/25/2009 HUNT DESIGN ASSOCIATES INC 7,735.00 AP - 00279491 2/25/2009 HUNT DESIGN ASSOCIATES INC 59.40 AP - 00279496 2/25/2009 INLAND EMPIRE MAGAZINE 5,390.00 AP - 00279534 2/25/2009 NEC UNIFIED SOLUTIONS INC 21,200.09 AP - 00279540 2/25/2009 OFFICE DEPOT 58.17 AP - 00279551 2/25/2009 PINES MOBILE HOME PARK, THE 200.00 AP - 00279556 2/25/2009 RAMONA VILLA MOBILE HOME PARK 150.00 AP - 00279594 2/25/2009 SYCAMORE VILLA MOBILE HOME PARK 202.04 AP - 00279687 3/4/2009 DAN GUERRA AND ASSOCIATES 101,187.50 AP - 00279689 3/4/2009 DELLHIME, SIGMUND 147.85 AP - 00279748 3/4/2009 INTERNATIONAL COUNCIL OF SHOPPING CEN' 50.00 AP - 00279772 3/4/2009 LANCE SOLL AND LUNGHARD 1,000.00 AP - 00279778 3/4/2009 LIGHT BULBS ETC 23.76 AP - 00279809 3/4/2009 PENDLETON PARTNERS INC 24,336.00 Total for Check ID AP: 294,089.07 Total for Entity: 294,089.07 P1 User: VLOPEZ -Veronica Lopez Page: I Current Date: 03/12/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 07:30:1 P2 m 0 E U u O U C O. 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L n ~ 0 ~ ~ O m o f O c d o m N U N U m ~ cEtO o_ N . 6 m J m ; ~ N r L a O mr u U m N LL m~ ~ c . - m c = o m O m O O m ~ a `. m C U O E O ~ m O U m ~ G m ry m O a w Z c E ~ 1 F m o mvl~ ~~ m T ~ i m p _ C 'E N ~N N C ~ m ' N U ` m r ~ y mm u m C m W ~ m Ot > w 3 Z'~ m s, d ~ m , c m r'- m m m a ~ Q W U Q L ~ U > F - ¢ d ^ U ~ K O f j Q a z ~ ~ 8 o a ~ d ~ a Ol N m N O c+ 0 N O N mf O o a , 0 8 a C m c Y 0 0 6 m C tt ~d O d d ' O N N ~ JO I m ~ r O a P m O O O ~ ^ ' Q O N d T I Q O n ^C, W Q N ~ r C ~ d d E N O ~ ~ N C f6 C ~ C ~ W ~' O w ~ ~ O y ~ D V ~ O LL 3 U ~ ,° oar t 0 ~ a c m m~ OI m ~o m m N a d ' 0 9 d ~ d q m ~ K N 1 8 m d d Y d a b b b N m mi b b, N N ' m m, N N ' O l m b N N m m b b b m m b b b CNJ M io e b m m m b N b b M Ih 88'S .a K% ;tr N m .i~ m b 3E8 b m ` = I ° I ' . d d, d~ >' Q~ Z H Z r V U Q J U O g 0 0 O O O 0 D c LL C m E N C T O C d Q b O > J t/I N b N b N b d of 9 A O a N Z Z K ~ O O Q Q U U O O Y Y m m Z Z O O Z Z ~ ~ Y C m m m d o 2 a o 0 0 d O N Y U U ~ YN] N U °rn °a P3 ~- N ~ O ~ 0 0 ~ C'1 M ~ ~ ~ O ~ O N ~ N N N Q a y~ ~ O O O O O O O O O O O ry O O O O O O O O O O O N O O O Q (~ n ~ ` N ~V N N N N N N N N N N N ~V N N N N\ N N N ~ n O O m (~` 1a ^ ^ !~ m ~^ N ~ N f~ m 0 17 Q N b O < O d 0 \ O O N N ~ O ~ O N N N O N N N N N O O ~ M N 10 10 Of O O H W m^ f~` (~ N a N m (~ ID f0 1~ N !~ (~ n L C O 0 0 0 0 0 0 X 0 0 O O O O O O O O O O O o Q Q m m b Q m n O N ~ n m b b n b b m O N b ~ O O Q ~ ~ O m b m N Q O~ b O m N fp ~ O Q b ~ (7 m Q m NI b OI N J 9 d ~ d m n n m b N 01 m d) N Q O Q Q Q b O b b b m V N m C C ^ ~ O b m O b m O O m ~ 0 0 0 m O O ~ 0 0 N O O m N 0 0 0 N N N n N N m n C'1 O O n O N m O O N O O m^ O O O ^ n m m t7 m N t7 t7 O O O m O O l7 b m m n n m O N O C) 1~1 M t7 O 17 C] N1 b N N m N N b N l7 t7 17 CJ C] OI m m M b N N d N N N d d N d N N N N N d N Id0 Id0 R d N d N Id0 d N N O YI N O m O O O b O O O O O O O O O O N O O O b 1A O O b' N N n m O fG n (7 O O n N O b m O O N O O^ N N O O n m m C'1 O1 b ~ l7 M O O N m O O l~J N UI 1p n n m m O N fl t7 t7 P b Cl Cl CJ N N CJ N N M N t7 t7 1~1 M CJ b < N l7 C'1 N O O O o 0 o N o o a o o O o 0 o O o O o 0 0 o m O o 0 O O O O O O m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 0 O b O O O O m O O O O O O O O O O O O O O O O N O O O o m o0 0 0 ~n o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o n O a 0 o m o D o n N O o 0 0 0 0 0 0 0 0 0 0 0 0 0 o M m o 0 c ri o 0 o m ri o 0 0 0 0 0 rn o 0 0 0 0 0 0 0 o vi ri o 0 O N O O O m O O O f 00 O O m O O 00 O O O O O O NO N O 00 O N O O O O~ O O O O O m O O 0 0 0 0 0 0 O O N N N b N O ~ b Ih ~.N b m N Q Q [7 N b V N N l7 Q N b l7 N O N O O O O O O N O O O O O O O O O O O O O O O O O o Q o 0 0 0 0 °0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 0 0 0 N m b m b O l7 O n~ m m O m N N N m m O O O O O O f0 m n m N m' m m f n^ O b N n n O N m O O b m Cf O fD n b b N b m m N m b l7 O b O m m O~ O m m m Ip Q o m Q l7 N N l7 m m 1!] m N O n N N O b N O m N m O' 17 ^ M N m N m N O N b N Q l7 f N O O N O O O O O O O O m m m N O O O O O O O O O O~ b N N N N b ~ b t7 N m N Q Q (7 (7 N l7 O N N [7 O f7 b Ih O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o c o 0 0 0 0 o c o 0 0 0 0 o d c o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 0 0 0 0 d vi o 0 0 o e c o 0 0 0o Oo o c o 0 0 0 0 0 o c o 0 o a o N o 0 0 0 0 0 0~ 0 0 0 0 0 0 0 0 o O o 0 o O o O N O O O O O O O O O O O O O O O O O O O O O O O O m N N N N b ~ m CJ N m b b N Q l7 b 1+1 Q N N 17 Q b N (7 b m m m m m m m m m m m m m m m m m m m m m m m m o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o ry o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o ry N _N N N N N N N N_ N N N N N N N N N N N N N N N N O 01 f~ p f f N~ Ct ~ N N a m N (~V m ~) (7 Y N 10 ~ O Q 0 N O_ O O N N N O ~ O ~ N N N O N N N N O N O N b f0 Of 0 0 ~" N ~ N l~ N M in (O 10 m~ O ~ f~ H O S O O O O ~ 0 0 0 0 0 0 0 0 0 0 ~ O Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Z Z Z 2 Z Z Z Z Z Z Z Z Z Z Z Z Y Y Y Y Y Y Y Y Y Y Y Q Q Q Q~ Q~ QW Q~ Qm Qm Q~ Q~ QO QW Qm mQ m Z 2 2 2 Z Z Z Z Z Z Z m m Off Q Q Q Q QQ Q Q Q Q Q Q F F F C 1- h F F F 1- 1- H h F F F Q1 m QS m m m m fL CI m m D O O^ 0 0 ~ ~ O ~ 0 0 ~ ~ ~ ~ Z 2 Z Z Z Z Z Z Z Z Z W W W W W W W W W W W W W W W W Q Q Q Q Q Q Q Q Q Q Q K K K K K K K K K K K K~ K K 2' 0 0 0 0 0 0 0 0 0 0 0 U U U U U U U U V U U U U U U U ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ w w w w w w w w w w w K K K K K K K K K~ K K K K fL K~~~~~~~~~~~ 1¢l. lal. 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W O ` Q N O O N d r a ~. 0 3 d LL N N O a y A a L_ d3 rc~ 0 d N a O O C °o 0 c a o m U ~ a a m r d m 3~ N O h C V N C q d O d N N mm O m a °o a T N of n d r A E A E o ~ a N ~ T y ~ L yaj C - O ~_ II N a c c a ~ E u_ m c > a E N C U C d m Q 6 A N U U J 5 0 3 a y O a 0 U N a N N C a m Q A d D P17~, m Q U ~ o E > ai z o g r p o a rc a s a C O m K STAFF REPORT I=\GI\L-ERING SER\'1CF_ti DEP_~RTVENT ~ r- RANCHO Date: March 18, 2009 CUCAMONGA To: Chairman and Redevelopment Agency Members Jack Lam, AICP, Executive Director From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Curt Billings, Associate Engineer Subject: APPROVAL OF A REIMBURSEMENT AGREEMENT BETWEEN THE CITY AND SPRINT COMMUNICATIONS COMPANY L. P. IN THE ESTIMATED AMOUNT OF $656,100.50, AND AUTHORIZE THE EXPENDITURE OF A 15% CONTINGENCY IN THE AMOUNT OF $98,415.08 FOR FIBER OPTIC CABLE RELOCATION COSTS FOR THE FOOTHILL BOULEVARD WIDENING PROJECT BETWEEN GROVE AVENUE AND VINEYARD AVENUE -BRIDGE REMOVAL PHASE, TO BE FUNDED FROM 2001 PUBLIC IMPROVEMENT TAX ALLOCATION BOND FUNDS, ACCOUNT NO. 26508015650/1189650-6314 RECOMMENDATION It is recommended that the Redevelopment Agency approve the Relocation Agreement between the City and Sprint Communications Company L.P. in the amount of $656,100.50, authorize the expenditure of a 15% contingency, as requested by Sprint, in the amount of $98,415.08 for utility relocation costs for the Foothill Boulevard Widening Project between Grove Avenue and Vineyard Avenue, to be funded from 2001 Public Improvement Tax Allocation Bond Funds, Account No. 26508015650/ 1189650-6314. BACKGROUND/ANALYSIS This agreement between the City and Sprint Communications L.P., is for the Foothill Boulevard Widening Project between Grove Avenue and Vineyard Avenue -Bridge Removal Phase, and is for the reimbursement of fiber optic cable relocation costs that will be incurred by Sprint Communications Company L.P. for the relocation of their buried cable which is attached to the old Southern Pacific Railroad Bridge. The bridge crosses Foothill Boulevard, west of Baker Avenue, and will be removed by the City under a separate contract after the removal of Sprint cable. Sprint's costs to relocate its cable are only an estimate at this time. The City will be responsible to pay the actual relocation costs at the completion of the Sprint Communications work. Respectfully submitted, a er Director of Engineering Services/City Engineer MAS/CBis ~~'~ ~ P18 Attachment P19 /j ~u HILL51 E ~~~ i / w ~~~~^ IL50 ASE / ~~'~~ BAN N ST ~ ^ a ~` .. ~w EMO VE U ~ ti ~~ ^ ~~ `. ~'I N^~nnO >_ ~ HIGH 'D Av> 30 19TH T ~ 30 ~ w t'1 a N ~ ~~ r VICTORI PARK . v B LINE D ~ !I ;1 r w~ ¢ CHU H 5T TERRA `11/IS~T N U II m> m ~ < a`- o a 5 FOOTHILL BLVD a a a ~ ~ ~ ~ l0 66 V Z w w z ~ G w• 10500 CI ENTE DR. a ' a a < 0 ¢ ARROW a RRO = TE = BNSF RI PROJEC y < 6TH sT SITE m w ~ ^ ~ ^ 6TH 5T a I I ~ o ~~.n~~ } 4TH ST ., _.. ., x.-.. CITY OF RANCHO CUCAMONGA FOOTHII.L BOULEVARD WIDENING PROJECT HETI GROVE AVENUE AND VINEYARD AVENUE - BRIDGE REMOVAL PHASE VICIIQITY MAP ., ~, 1 Per 1 ~,~ i NOT TO SCALE STAFF REPORT REDEVELOPMENT AGENCY RANCHO Date: March 18, 2009 C,UCAMONGA To: Chairman and Members of the Redevelopment Agency Jack Lam, AICP, Executive Director From: Linda Daniels, Redevelopment Director By: Mike Nelson, Economic Development Manager Subject: Approval by the Rancho Cucamonga Redevelopment Agency of a Purchase and Sale. Agreement (PSA) between Bipin P. Tolia and Suchita B. Tolia, husband and wife as joint tenants, and the Rancho Cucamonga Redevelopment Agency for the acquisition of approximately .82 acres located at 9547 San Bernardino Road (APN # 0208-151-07) in the amount of $750,000 plus a closing cost contingency of $50,000, to be funded from Account #2505801-5600. RECOMMENDATION: It is recommended that the Redevelopment Agency approve a Purchase and Sale Agreement (PSA) between Bipin P. Tolia and Suchita B. Tolia, husband and wife as joint tenants, and the Rancho Cucamonga Redevelopment Agency for the acquisition of approximately .82 acres located at 9547 San Bernardino Road (APN #0208-151-07) in the amount of $750,000 plus a closing cost .contingency of $50,000, to be funded from account #2505801-5600, and direct staff to demolish the existing vacant structures and secure the site. BACKGROUND/ANALYSIS: Over the past year, Agency staff has identified several potential properties that could be used as a new site for the re-location and re-construction of the San Bernardino Road Fire Station (#172). The existing San Bernardino Road Fire Station is more than 50 years old and does not meet the current standards for size and capacity for its service area. Numerous property owners were contacted within the current station's service area in an attempt to secure a new site. In April 2008, Bipin P. Tolia and Suchita B. Tolia were contacted about their property at 9547 San Bernardino Road (see Exhibit A -Property #2), and Agency staff received a favorable response to a solicitation to purchase their property. In conjunction with this effort, Agency staff also attempted to contact the adjacent property owner regarding a potential purchase at 9561 San Bernardino Road ,(see Exhibit A -Property #1), as both properties were needed to provide adequate site space for the fire station. P20 In December 2008, staff learned that Property #1 was in foreclosure and was to be sold at auction. The property was successfully purchased by the Agency on January 26, 2009 through a Trustee Sale, and the Agency became the recorded owner of the property on February 10, 2009. P21 APPROVAL BY THE RANCFIO CUCAMONGA R-EDEVELOPDIEN'1' AGENCY OF A PURCI-IASE AND SALE PAGE 2 AGRI31?t`i1:.N"1' (P$A) BET\t'EEN BIPIN P.'TOI.IA AND SUCHITA B. TOI_]A, HUSBAND AND \C1FE AS JOI\`"P'1'@NAN"I'S, AND THE RANCHO CUCANONGA REDS\'ELOPMEN"P AGIsNC1' FOR THE ACQUISCPION OF:IPPROXIiv~G1T11.1' MARCFI 18, 2009 - Staff has now successfully completed negotiations with the adjacent property owner (Property #2) to also secure this property. The property owners have agreed to a purchase price of $750,000, with the Agency responsible for paying all closing costs. Once the transaction has been completed for Property #2, the Agency will have acquired approximately 1.37 acres for the fire station re- location and re-construction. FINANCIAL IMPACT: Funding for the purchase of the properties at 9547 and 9561 San Bernardino Road was allocated in the FY'08-'09 RDA/Fire budget and will have no additional impact on the budget. Therefore, Agency staff recommends the approval of a Purchase and Sale Agreement (PSA) between Bipin P. Tolia and Suchita B. Tolia, husband and wife as joint tenants, and the Rancho Cucamonga Redevelopment' Agency for the acquisition of approximately .82 acres located at 9547 San Bernardino Road (APN #0208-151-07) in the amount of $750,000 plus a closing cost contingency of $50,000, to be funded from account #2505801-5600, and direction to demolish the existing vacant structures on the property and secure the site. Respectfully sub~~ml1itted, Lin`/~iels Redevelopment Director P22 Exhibit A -San Bernardino Road Properties RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P23 Agenda Check Register 2/25/2009 through 3/10/2009 Check No. Check Date Vendor Name Amount AP - 00279373 2/25/2009 AIRGAS WEST 69.33. AP - 00279373 2/25/2009 AIRGAS WEST 55.69 AP - 00279373 2/25/2009 AIRGAS WEST 42.05 AP - 00279373 2/25/2009 AIRGAS WEST 69.33 AP - 00279373 2/25/2009 AIRGAS WEST 382.93 AP - 00279373 2/25/2009 AIRGAS WEST 389.69 AP - 00279373 2/25/2009 AIRGAS WEST 48.87 AP - 00279373 2/25/2009 AIRGAS WEST 76.15 AP - 00279381 2/25/2009 APPLE ONE EMPLOYMENT SERVICES 850.50 AP - 00279381 2/25/2009 APPLE ONE EMPLOYMENT SERVICES 607.50 AP - 00279381 2/25/2009 APPLE ONE EMPLOYMENT SERVICES 1,579.50 AP - 00279381 2/25/2009 APPLE ONE EMPLOYMENT SERVICES 182.24 AP - 00279407 2/25/2009 CALIFORNIA FIRE CHIEFS ASSOCIATION 100.00 AP - 00279408 2/25/2009 CALIFORNIA PUBLIC EMPLOYEES 4,444.00 AP - 00279408 2/25/2009 CALIFORNIA PUBLIC EMPLOYEES 226.50 AP - 00279426 2/25/2009 COMMERCIAL DOOR COMPANY INC 507.41 AP - 00279431 2/25/2009 COPIES & INK PRINTING INC. 158.39 AP - 00279431 2/25/2009 COPIES & INK PRINTING INC. 58.80 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 55.20 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 234.06 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 176.25 AP - 00279460 2/25/2009 EMPLOYMENT SOLUTIONS 210.00 AP - 00279460 2/25/2009 EMPLOYMENT SOLUTIONS 280.00 AP - 00279488 2/25/2009 HOLIDAY INN EXPRESS-SAN LUIS OBISPO 376.32 AP - 00279490 2/25/2009 HOME DEPOT CREDIT SERVICES 40.56 AP - 00279490 2/25/2009 HOME DEPOT CREDIT SERVICES 33.17 AP - 00279520 2/25/2009 MARIPOSA HORTICULTURAL ENT INC 2,555.24 AP - 00279520 2/25/2009 MARIPOSA HORTICULTURAL ENT INC 179.10 AP - 00279520 2/25/2009 MARIPOSA HORTICULTURAL ENT INC 2,004.74 AP - 00279521 2/25/2009 MARLINK AS INC 118.46 AP - 00279524 2/25/2009 MASTER TECH APPLIANCE REPAIR 360.00 AP - 00279562 2/25/2009 RESCUE RIG 3,500.00 AP - 00279572 2/25/2009 SATURN OF RIVERSIDE 24,591.50 AP - 00279572 2/25/2009 SATURN OF RIVERSIDE 22,804.76 AP - 00279572 2/25/2009 SATURN OF RIVERSIDE 24,577.25 AP - 00279576 2/25/2009 SNIDER, LANCE 275.00 AP - 00279577 2/25/2009 SO CALIF GAS COMPANY 169.63 AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON 3,055.61 AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON 3,055.62 AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON 1,367.18 AP - 00279593 2/25/2009 SWEET PHD, GERALD 1,800.00 AP - 00279600 2/25/2009 TURNOUT MAINTENANCE COMPANY LLC 391.78 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 48.67 AP - 00279616 2/25/2009 VERIZON 34.81 AP - 00279616 2/25/2009 VERIZON 651.25 AP - 00279616 2/25/2009 VERIZON 469.97 AP - 00279616 2/25/2009 VERIZON 545.68 AP - 00279616 2/25/2009 VERIZON 174.42 AP - 00279616 2/25/2009 VERIZON 39.98 AP - 00279616 2/25/2009 VERIZON 155.15 AP - 00279616 2/25/2009 VERIZON 33.73 AP - 00279625 2/26/2009 BANTAU, VICTORIA 3,530.49 AP - 00279626 2/26/2009 BAZAL, SUSAN 1,340.67 AP - 00279627 2/26/2009 INTERLICCHIA, ROSALYN 2,548.68 User: VLOPEZ -Veronica Lopez Page: 1 Current Date: 03/12/200 Report:CK_AGENDA_REG_PORTRAI T_RC - CK: Agenda Check Register Pomait Layout Time: 07:30:4 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT pp4 Aeenda Check Register 2/25/2009 through 3/10/2009 Check No. Check Date Vendor Name Amount AP - 00279628 2/26/2009 MCMILLEN, LINDA 882.48 AP - 00279636 3/4/2009 ADAPT CONSULTING INC 99.51 AP - 00279637 3/4/2009 AFSS-CFCA NORTHERN DIVISION 500.00 AP - 00279637 3/4/2009 AFSS-CFCA NORTHERN DIVISION 50.00 AP - 00279664 3/4/2009 CFCA (CALIFORNIA FIRE CHIEFS ASSOCIATIOD 100.00 AP - 00279668 3/4/2009 COMMERCIAL DOOR COMPANY INC 537.31 AP - 00279671 3/4/2009 CONSUMERS PIPE 18.90 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 130.53 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 315.60 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 55.20 AP - 00279688 3/4/2009 DAPPER TIRE CO 7,079.75 AP - 00279688 3/4/2009 DAPPER TIRE CO 747.17 AP - 00279703 3/4/2009 EMPLOYMENT SOLUTIONS 280.00 AP - 00279703 3/4/2009 EMPLOYMENT SOLUTIONS 210.00 AP - 00279711 3/4/2009 FLEET SERVICES INC. 35.73 AP - 00279711 3/4/2009 FLEET SERVICES INC. 24.50 AP - 00279711 3/4/2009 FLEET SERVICES INC. 41.96 AP - 00279741 3/4/2009 HOYT LUMBER CO., SM 30.78 AP - 00279741 3/4/2009 HOYT LUMBER CO., SM 27.85 AP - 00279741 3/4/2009 HOYT LUMBER CO., SM 1.25 AP - 00279759 3/4/2009 KME FIRE APPARATUS 63.41 AP - 00279759 3/4/2009 KME FIRE APPARATUS 312.26 AP - 00279759 3/4/2009 KME FIRE APPARATUS 59.35 AP - 00279759 3/4/2009 KME FIRE APPARATUS 44.95 AP - 00279766 3/4/2009 LAB SAFETY SUPPLY INC 47.12 AP - 00279766 3/4/2009 LAB SAFETY SUPPLY INC 320.24 AP - 00279776 3/4/2009 LICHTMAN, OFER 345.00 AP - 00279793 3/4/2009 NAPA AUTO PARTS 51.46 AP - 00279793 3/4/2009 NAPA AUTO PARTS 10.11 AP - 00279800 3/4/2009 OFFICE DEPOT 201.70 AP - 00279800 3/4/2009 OFFICE DEPOT 19.09 AP - 00279800 3/4/2009 OFFICE DEPOT -134.05 AP - 00279800 3/4/2009 OFFICE DEPOT -96.01 AP - 00279800 3/4/2009 OFFICE DEPOT -41.25 AP - 00279800 3/4/2009 OFFICE DEPOT -154.68 AP - 00279800 3/4/2009 OFFICE DEPOT 4283 AP - 00279800 3/4/2009 OFFICE DEPOT 364.82 AP - 00279807 3/4/2009 PATHFINDER ORGANIZATIONAL EFFECTIVENI 64.91 AP - 00279807 3/4/2009 PATHFINDER ORGANIZATIONAL EFFECTIVENI 2,775.00 AP - 00279821 3/4/2009 RAULS AUTO TRIM INC 293.88 AP - 00279821 3/4/2009 RAULS AUTO TRIM INC 661.63 AP - 00279829 3/4/2009 RRM DESIGN GROUP 2,900.20 AP - 00279835 3/4/2009 SAN BERNARDINO CO FIRE DEPT 832.56 AP - 00279838 3/4/2009 SC FUELS 754.01 AP - 00279838 3/4/2009 SC FUELS 904.81 AP - 00279854 3/4/2009 SMART AND FINAL 19.77 AP - 00279854 3/4/2009 SMART AND FINAL 87.12 AP - 00279856 3/4/2009 SNAWDER, RICK 345.00 AP - 00279857 3/4/2009 SO CALIF GAS COMPANY 66.25 AP - 00279857 3/4/2009 SO CALIF GAS COMPANY 588.61 AP - 00279857 3/4/2009 SO CALIF GAS COMPANY 588.61 AP - 00279857 3/4/2009 SO CALIF GAS COMPANY 614.03 AP - 00279857 3/4/2009 SO CALIF GAS COMPANY 213.73 AP - 00279857 3/4/2009 SO CALIF GAS COMPAArY 688.92 _ User: VLOPEZ -Veronica Lopez Page: 2 Current Date: 03/12/200 Report:CK_AGENDA_REG_PORTRAI T_RC - CK: Agenda Check Register Portrait Layout Time: 07:30:4 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 2/25/2009 through 3/10/2009 Check No. Check Date Vendor Name AP - 00279857 3/4/2009 SO CALIF GAS COMPANY AP - 00279867 3/4/2009 SOUTHERN CALIFORNIA EDISON AP - 00279867 3/4/2009 SOUTHERN CALIFORNIA EDISON AP - 00279867 3/4/2009 SOUTHERN CALIFORNIA EDISON AP - 00279867 3/4/2009 SOUTHERN CALIFORNIA EDISON AP - 00279879 3/4/2009 TEAM THOMPSON AP - 00279885 3/4/2009 UNIFIRST UNIFORM SERVICE AP - 00279885 3/4/2009 UNIFIRST UNIFORM SERVICE AP - 00279894 3/4/2009 VERIZON AP - 00279894 3/4/2009 VERIZON AP - 00279894 3/4/2009 VERIZON AP - 00279894 3/4/2009 VERIZON AP - 00279894 3/4/2009 VERIZON AP - 00279894 3/4/2009 VERIZON AP - 00279894 3/4/2009 VERIZON AP - 00279894 3/4/2009 VERIZON AP - 00279894 3/4/2009 VERIZON AP - 00279894 3/4/2009 VERIZON AP - 00279894 3/4/2009 VERIZON EP - 00000299 2/25/2009 MCNEIL, KENNETH EP - 00000301 2/26/2009 BANTAU, VICTORIA EP - 00000302 2/26/2009 BAZAL, SUSAN EP - 00000303 2/26/2009 INTERLICCHIA, ROSALYN EP - 00000304 2/26/2009 MCMILLEN, LINDA Total for Check ID 4P: Total for Check ID EP: Total for EntiTy: User: VLOPEZ-Veronica Lopez Page: 3 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout P25 Amount 346.34 470.67 865.87 1,306.86 92.72 125.00 58.72 58.72 471.94 34.81 19.20 105.05 34.80 34.80 105.47 19.20 471.94 471.94 471.94 142,223.71 731.55 3,530.49 1,340.67 2,548.68 882.48 9,033.87 151,257.58 Current Date: 03/12/200 Time: 07:30:4 P26 ~_ m n m o ° m W d'" °' m ~~ m i m .~ ~ m o' U r O 1S ~ t7 N O H V IL -_ y N O f > U ~.bj ~ L O LLI g o d c ° Y ¢ z U o a o a o m v E a ~ ' N O a C ~> v rn v N N ~ m ~ ~ I r V m « l7 I O Cj H L d ' C L O O V U -. _T h - q O O U N a d C L O 3Z' ~ m ^ ~ ~ E~ ~ n q ~~ i d d> ~ ` I ~ o ~ i U d ~ n~ ` o x o E « N < « p T d m u rn ~ m D a r d L F V ~ C ¢ E o d d m o o N o N L N O~ n m ~ ~ 'i H O C e~ m O N I d E d O a x n o m a d Oda y y O O V O < O y a h O m C C d d d Y O q m> 1~ O ~ n O N m b 6L.. 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Y V M ~", N W ~ O ~ M N ~ O C ~ y ~ ~ C N V w C ' N N ` ~ R a ~d _ m o ° ~+ •- ~ LL LL ~ ~ d m v ar ~ a° 6 d a a _y T a 0 0 f a m d q v ~ y 1 a Y A m e m m o Z N ~ N LL h ~- V Z vi 1- w Z_ } W m L1' d ¢ Q J U n O O a a `" C LL c o d O E ° m u m a s ° u y O Y J fn o ~ o 0 0 0 0 N N N N 0 o m 0 f~ 10 m N O O O O m m N m 1~ P m m t0 N m t+~ N b m m a a ei vi ~ ri m m m m N N f0 I4 a a ¢ ¢ 0 0 0 ~n N m m 1~ m m N O M N N _. xE 0 ° ° o N Y P 2 Y Y Y ci g W ¢ ¢ ¢ F ~] Gl 9 o z z z w ¢ ¢ ¢ K O O O U J ~ W W W LL A J J J J d Q Q R' K 2' Q K ¢ W w w W a ^ O O O A W w w w LL LL LL LL 9 O a c N O 6 J O U n m y O o y o O o y T d m Q o rv F t P q ~ ~ ~ v ~~~ ~ a d n m N N LL m m m m n a N N Q A y N h S O a m b r 0 m n r n r d N N 0 f P27 wan °' K U ~ n W ~ `u o f > O 61 p C a 6 o a rc a ~ d m 8 0 K N m m m a $D '°~ a Q q I O ~ N ~ Y j N V f •~+ N w ~ _ _ D d ~ N U c c O m ~ ~ o N N « N a ~ 0 C~ C ^ ~ a o o ~ m ~ LL LL ° d co v a ai a' m d mu W C d q Q m Ol q O N ~R' O H b J I~ P pf ~ ', N b y ~ m m V ~ m , ~ e n e N 0 m m N N V) n m e e m m 9 Q U W U m ~ ~ J A N LL q y Q m Y p~ Z m > Q C E N c J U N C 0 O N u o lu a o rn Y ~ m U I ~ ~ N ~ Q N N d N m a n m N r A n N c a E a C C L N A U O P28 w a K U o_ f o u~ o a a ~ 6 O 0 O a pl a rnd c ~ 0 C q W m M N O m d A Ea a ` 3 z"~ 0 O N H W V CO N m u y ~ o W Y ao y ~ ~ 7 0 ~ m a O 01 I` LL r t6 ~ t d R m 7 •" Q ~ .T. O ~ c d a .. a c~> . ~ qo d O c~ Q c o A LL ~ N v a ~ d N LL ~ gam'. N ~ L a =~ E LL E m d m m v N ik d E a C U 0 0 N N 0 O °o 0 O 0 0 ~c N 0 O °o 0 O a 0 N n m V o g Z ~ ~ LL ry H Z N W N W 1 _ Z r U E w o ~ ¢ ~ ~ a v, T V L ~ C O ~_ O LL C !o d O E m T C W Q °o U N o ~ J to e ri 0 T L19 0 0 v n h Q _ U_ r ~ N E ¢ o E W ~ o H f// Y T Z L C O ~_ c O rv U p U Q °o O7 C Y L O "~ a ° ~n °o a ~ 0 0 0 N m m °o 0 N m N 0 y C O 0 U N m N VI C Q IL m 0 A A m W n m N n 0 N e m M N O W P29~, ~ U LL O E > 8 r ~ m O d K a ~ a o. ~i 0 ¢' P3O State of California Pooled Money Investment Account Market Valuation T~ 1 /31 /2009 W r~"4'of 1~R' ~~a:4 c'e ~ H Y 'x Rs 1`f ~ M -'t' ~~R ~,~.~~~~~~ i Ca~ry~ng~Cost Plus. ~~ ,~ -~~~ ~ ~<4~,Descnptio,n~~~Accruedwlnterest,Purch~r~: .~Fatr~Value~~~ ~w.~ . uAccrued~lnterest, United States Treasu Bills $ 7,698,278,918.78 $ 7,783,933,000.00 NA Notes $ 3,752,600,545.54 $ 3,774,322,000.00 $ 14,813,838.00 Federal A enc SBA $ 550,938,817.70 $ 537,565,664.90 $ 2,151,719.35 MBS-REMICs $ 1,063,927,281.55 $ 1,090,297,763.78 $ 5,055,436.57 Debentures $ 3,215,994,966.97 $ 3,267,596,920.00 $ 37,675,341.92 Debentures FR $ 5,848,463,605:78 $ 5,857,284,330.00 $ 29,263,398.21 Discount Notes $ 4,589,772,713.96 $ 4,651,578,000.00 NA FHLMC PC $ 2,152.59 $ 2,195.72 $ 37.70 GNMA $ 141,439.66 $ 162,019.81 $ 1,400.54 CDs and YCDs FR $ - $ - $ - Bank Notes $ - $ - $ - CDs and YCDs ~ $ 2,325,000,000.00 $ 2,324,543,817.50 $ 480,409.72 Commercial Paper $ 2,299,605,361.16 $ 2,299,344,444.46 NA Corporate: Bonds FR $ 220,326,060.58 $ 217,327,235.62 $ 1,043,103.88 Bonds $ 104,352,552.61 $ 104,546,846.95 $ 1,426,273.82 Repurchase A reements $ - NA Reverse Repurchase $ - $ - $ - Time Deposits $ 8,033,500,000.00 $ 8,033,500,000.00 NA AB 55 & GF Loans $ 21,758,222,984.02 $ 21,758,222,984.02 NA TOTAL $ 61,461,127,400.90 $ 61,700,227,222.76 $ 91,910,959.71 Fair Value Including Accrued Interest $ 61,792,138,182.47 Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost). .~s""a~yti~°~~.. ~~. '~s ; r A N C H O C U C A M O N G A F.i IRE PROTECTION D I S T R I C T Staff Report DATE: March 18, 2009 TO: President and Members of the Board of Directors Jack Lam, AICP, City Manager FROM: Peter M. Bryan, Fire Chief BY: Don Cloughesy Battalion Chief, Training Officer SUBJECT: APPROVAL TO APPROPRIATE FUNDS FROM FIRE DISTRICT RESERVES IN THE AMOUNT OF $16,167.00 INTO ACCOUNT NUMBER 3281510-5207 TO FUND THE TWENTY PERCENT (20%) CONTRIBUTION MATCH OF $97,000 DIVIDED BETWEEN THE FIVE WEST END AGENCIES AND WEST END FIRE AND EMERGENCY RESPONSE JPA (JPA) FOR THE FY 2007 ASSISTANCE TO FIREFIGHTERS GRANT AWARD FOR THE PURCHASE OF A MOBILE APPARATUS DRIVING SIMULATOR RECOMMENDATION: It is recommended that the Fire Board authorize the appropriation of funds from Fire District Reserves in the amount of $16,167.00 into Account No. 3281510-5207. The amount is the Districts twenty (20) percent contribution match for the FY 2007 Assistance to Firefighters Grant Award for the purchase of a Mobile Apparatus Driving Simulator shared by five west end fire agencies. BACKGROUND/ANALYSIS The five West End Fire agencies (Chino, Montclair, Ontario, Rancho Cucamonga, and Upland) protect. similar communities, and operate similar apparatus, which makes the use of a single driving simulator unit possible and very cost efficient. Through a cooperative specification and training effort, the fire agencies plan to improve the skills of all agency apparatus drivers, and improve public safety. A Federal Assistance to Firefighters Grant was awarded on February 29, 2008 for the purpose of funding a regional training simulator. The scope of the grant is a regional project to purchase a mobile emergency vehicle driving simulator, and implement continuing driver training. The five fire agencies along with the JPA, have partnered together to bring this project to fruition. Ontario Fire Department will coordinate the grant administration. The Driver Training Simulator will be a computer based fully interactive training device. When used in conjunction with a training curriculum the simulator will enable the training and development of professional Emergency Responder vehicle operators in the following skills: • Situational awareness. • Judgment skills. • Decision-making skills. • Skills assessment in a safe environment. • Low volume, high risk vehicle maneuvering skills. P31 P32 The simulator will be used to reinforce hands-on vehicle operation and to train for high risk, low frequency situations. Operation of the simulator will be placed under the control of experienced training instructors who will interact with and/or critique the driver trainee (as appropriate) to meet the training needs. The simulator will be delivered with all the necessary hardware, software and cabling to operate as a stand alone unit in a mobile facility. The mobile facility will be pre-equipped with the necessary power, HVAC, and Lighting for the operation of the simulators as a stand-alone facility. The trailer unit shall be a 5th-Wheel style hook-up. The quote provided on the cost of the simulator installed in a 5~h wheel trailer is $437,000. This project should be delivered in late spring to early summer. We will then begin training the trainers and integrate its use in our Driver/Operator Training. Respectfully submitted, Peter M. B n Fire Chief STAFF REPORT RANCHO CtiCAA40NGA FIRE PROTECTION DISTRICT Date: March 18, 2009 To: President and Members of the Board of Directors Jack Lam, AICP, City Manager From: Peter M. Bryan, Fire Chief . By: Janet Walker, Management Analyst II P33 ~~ RANCHO C,UCAMONGA Subject: APPROVAL OF AN ANNEXATION MAP SHOWING ASSESSOR PARCEL NUMBER 1100-051-03 (NORWALK BOULEVARD BAPTIST CHURCH), LOCATED ON EAST AVE., SOUTH OF BASE LINE AVE., PROPOSED TO BE ANNEXED INTO CFD NO. 85-1 RECOMMENDATION Adoption of a resblution adopting Annexation Map No 09-3 showing property (located on East Ave., south of Base Line Rd.) proposed to be annexed into Community Facilities District (CFD) No. 85-1. BACKGROUND Norwalk Boulevard Baptist Church, owner of certain property (APN 1100-051-03) located within the Fire Protection District, is conditioned to annex into Community Facilities District (CFD) No. 85-1. In order to initiate formal proceedings to annex the referenced parcel into CFD No. 85-1, a Resolution adopting an annexation map is presented for Board consideration and approval. The annexation map (Exhibit "A") illustrates the territory proposed to be annexed. The territory is inclusive of the entire development project proposed by the owner. Respectfully submitted, Peter . B n Fire Chi Attachments EXHIBIT 'A' ANNEXATION MAP N0. 09.3 OF COMMUNITY FACILITIES DISTRICT N0. 85-1 OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA ~P-l / ~ / I ~~ ~ ti~ ,.~6 ~ ~. Z i~ ` Q IEEO N 7N: 6fIQ 6 M ffiETART ? 11E RAlIOp DRJYIOF7A {H FROIECR01 NSINCI, 0YE0BFA 716 _ wT }mE SE(MTAIfY RAMpRI CNCANOII9A ftE MOlEti 110N DKDRCf STALE 6 CAVFGIx,A ~ 1EmBr QR1Ft TNT TIE xM1 Wi 9010 BDMN6S 6 TE7FEImT vABC®m E A1FE1®m mNWFIY FACn6S t6TR10f RD 6-1 611E TLVIORI ar.9laRa NE vw1mRN 06DOCf, CDa1TY 6 SAN BFINAI~q SfA1E 6 CAUIOFN Ely AN9D~ BC K BDVD 6 DRCI06 69101 HE iMhL001 E151AR.T AT A BFOIAR BFE71C 7N0E6, MOD oR THE _ wT 6 ~ OODA n IIS 9®LOOI ILL _ 7!6 AMESAll01 YAI AYDOS 7ME BORD/R7 YAP fm m1RRlFIT FA4116 D61IOCf ND 6-I 671E RAMOq 0101110EF:11 FIE PmEL001 061aC[ 01Nn 6 $AR BFIOINmF10, STATE 6 DYET/RN IN01 R07mED ON _~ _ AT 906 6 YIPS 6 ASYIDOrt AKD mRYxIT fACNFS f6WCE AT VAO: _ M iME fN>6 6 DE mURry fE[OmEP ipI 1NE OOUTIY 6 SMI BEwATDF4 CNSt/OFA YOETARY RJJIOq fAKJAIOICA f1E PNOlEC110N DISTNCf STALE 6 fiYiiFRRA NOTE ~I N Q W - ICI I BOUOART 1 I O 2 4 Txs ANEf1At101 wv SWLL ouvN iQ NA 6TAAS As m 71E fkEllf ff llE iFBRlOa ANF1®m 11E AB01E ~ mIMNOT FAOIDFS D$iR1Cf. LEGAL DESCRIP110N: A 1'ORIUI OT M 1, x00(X 6 F]R/VY1 mU1M' WF4 N THE Cn a w10p ElU/Olq moor 6 SN1 BDFY1mFID. SWE 6 GWON AS PFR FIAT RFLCIEFD M BOOR t DF 1DT'S YIAE M M IME 6N6 611E WIMIT RSOIRFA 6 SAD mIN1Y MD A iORIW 671E FA6f INf 6 9~[N A, nS Bl•. SBI, AuamFC m 11E o1Tdl Na 11UUF6. mMTM6 AR90ENIE TJ]S AGES AS915'Of5 vAN27. NR®! nm-ml-o7 PR6WIT AmIES :].181 FAST A`,C RVOD CIIIYY010\ G NIE ~~ PNEERIT 01ER :OM MY - (90) ]OhIW scut: i -w' ,v a u: SAN BFRNARDINO COUNTY o. ~,x. RECORDER'S CERTIFlCA~ rwr®Nmnm m.m rRa _x_rra _s N~1Nm_v-~ Na~uxlmma • x ~oN1 v JApt G lEE LS BAO) DALE L- EI~IfE: JUNE ]0. 1m0 urns P34 1 WA.RTECH CONSULTANTS 9EEr d x~l DOD 1 6 1 x ~a ~~ P35 RESOLUTION NO. FD 09-P~B7 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 09-3) SHOWING PROPERTY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 WHEREAS, the BOARD OF DIRECTORS of the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT (the "Board of Directors"), desires to initiate proceedings to annex 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, there has been submitted a map entitled "Annexation Map No. 09-3 to Community Facilities District No. 85-1, Rancho Cucamonga Fire Protection District, County of San Bernardino, State Of California' (the "Annexation Map") showing the territory proposed to be annexed to the District (the "Territory°). 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 Annexation Map showing the Territory proposed to be annexed to the District and to be subject to the levy of a special tax is hereby approved and adopted. SECTION 3: A certificate shall be endorsed on the original and on at least one (1) copy of the Annexation Map, evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of the Resolution fixing the time and place of the hearing on the intention to annex or extent of the annexation to the District, a copy of such map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form provided for in Section 3111 of the Streets and Highways Code of the State of California. Resolution No. FD 09- Page 2 PASSED, APPROVED and ADOPTED this day of , 2009. AYES: NOES: ABSENT: ABSTAINED: Donald J. Kurth, M.D., President ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a regular meeting of said Board held on the _ day of 2009. Executed this _ day of 2009 at Rancho Cucamonga, California. P36 Janice C. Reynolds, Secretary STAFF REPORT RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Date: March 18, 2009 To: President and Members of the Board of Directors Jack Lam, AICP, City Manager From: Peter M. Bryan, Fire Chief By: Janet Walker, Management Analyst II ~~ RANCHO C,UCAMONGA Subject: APPROVAL TO ADOPTARESOLUiIONOFINTENTIONTOANNEXTERRrrORYREFERREDTO AS ANNEXATION N0.09-3 (APN:1100-051-03, NORWALK BOULEVARD BAP7ISTCHURCH)INTO COMMUNITY FACILfT1ES DISTRICT NO.85.1, SPECIFYING SERVICES PROVIDED, TO SETAND SPECIFY THE SPECIAL TAXES TO BE LEVIED WffFflN THE ANNEXATION TERRffORY AND SEf Al1MEAND PLACE FORAPUBUC HEARING RELATEDTOl1iEANNEXAl10N RECOMMENDATION Adoption of a Resolution of Intention to Annex Territory referred to as Annexation No. 09-3 into Community Facilities District No. 85-1 (the "District"), to specify the services to be financed, to set and specify the rate and method of apportionment of the special taxes proposed to be levied within the territory proposed to be annexed and to set a time and place for a public hearing regarding the annexation. BACKGROUND Norwalk Boulevard Baptist Church., owner of certain property (APN 1100-051-03) within the Fire Protection District (the "Territory"), is conditioned by the City and Fire Protection District to annex such property into the existing Community Facilities District (CFD) No. 85- 1 to satisfy fire protection service mitigation impacts. In order to initiate formal annexation proceedings, the Fire-Board is being asked to adopt a resolution approving an annexation map of the territory proposed to be annexed and a Resolution of Intention to Annex. The Resolution of Intention generally sets forth: (a) the District's intention to annex the Territory to the District; (b) the services which will, in part, be financed (Exhibit "A" of said Resolution) through the levy of the special tax on the Territory if annexed; (d) the rate and method of apportionment of the proposed special tax (Exhibit "B" of said Resolution); (e) the date, time and location of the public hearing set for May 6, 2009 and (f) election requirements. P37 Warren Diven, Special Counsel for the District, has worked with staff to establish the annexation process, timelines and draft resolutions. The resolution is considered to be P38 RESOLUTION OF INTENTION TO ANNEX 1vIARCF318, 2009 routine and non-controversial, as the developer is in support of the annexation procedure. On May 6, 2009, there will be a public hearing for public input/concerns on this matter. Respectfully submitted, Peter M. Bry ~__ Fire Chief Attachment P39 RESOLUTION NO. FD 09-OAS 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 N0.09- 3) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 WHEREAS, the BOARD OF DIRECTORS of the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, CALIFORNIA, ("Board of Directors"), formed a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"). The Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District"); and, WHEREAS, the Board of Directors desires to initiate proceedings to consider the annexation of certain real property to the District (the "Territory"); and WHEREAS, a map entitled "Annexation Map No. 09-3 to Community Facilities District No. 85-1 Rancho Cucamonga Fire Protection District, County of San Bernardino, State of California" (the "Annexation Map") showing the Territory proposed to be annexed to the District has been submitted, which map has been previously approved and a copy of the map shall be kept on fle with the transcript of these proceedings; and WHEREAS, this Board of Directors now desires to proceed to adopt its Resolution of Intention to annex the_Territory to District, to describe the territory included within District and the Territory proposed to be annexed thereto, to specify the services to be financed from the proceeds of the levy of special taxes within the Territory, to set and specify the special taxes that would be levied within the Territory to finance such services, and to set a time and place for a public hearing relating td the annexation of the Territory to the District. NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: RECITALS SECTION 1: The above recitals are all true and correct. LEGAL AUTHORITY SECTION 2: These proceedings for annexation are initiated by this Board of Directors pursuant to the authorization of the Act. INTENTION TO ANNEX; DESCRIPTION OF TERRITORY AND THE DISTRICT SECTION 3. This legislative body hereby determines that the public convenience and necessity requires that the Territory be added to the District and this Board of Directors declares its intention to annex the Territory to the District. A description of the Territory is as follows: P40 Resolution No. 09- Page -2- All that property within the Territory proposed to be annexed to the District, as such property is shown on the Annexation Map as previously approved by this legislative body, a copy of which is on file in the Office of the Secretary and shall remain open for public inspection. A general description of the territory included in the District is hereinafter described as follows: All that property and territory as originally included within the District and as subsequently annexed to the District, as such properties were shown on maps of the original District and the territories subsequently annexed to the District, all as approved by this Board of Directors and designated by the name of the original District. Copies of such maps are on file in the Office of the Secretary and have also been filed in the Office of the County Recorder. SERVICES AUTHORIZED TO BE FINANCED BY THE DISTRICT SECTION 4: The services that are authorized to be financed by the District from the proceeds of special taxes levied within the District (the "Services") are generally described in Exhibit A attached hereto and incorporated herein by this reference. The District shall finance all direct, administrative grid incidental annual costs and expenses necessary to provide the Services. The Services authorized to be financed by the District from the proceeds of special taxes levied within District are the types of services to be provided in the Territory. If and to the extent possible the Services shall be provided in common within the District and the Territory. P41 Resolution No. 09- Page -3- SPECIAL TAXES SECTION 5: It is the further intention of this Board of Directors body that, except where funds are otherwise available, a special tax suffcientto pay for the Services and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in the Territory, will be levied annually within the boundaries of such Territory. For further particulars as to the rate and method of apportionment of the proposed special tax, reference is made to Exhibit B (the "Special Tax Formula"), which is attached hereto and incorporated herein by this reference and which sets forth insufficient detail the method of apportionment of such special tax to allow each landowner or resident within the proposed Territory to clearly estimate the maximum amount that such person will have to pay. The special tax proposed to be levied within the Territory shall be equal to the special tax levied to pay for the Services in the District, except that a higher or lower special tax may be levied within the Territory to the extent that the actual cost of providing the Services in the Territory is higher or lower than the cost of providing those Services in the original District. Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher than the maximum special tax authorized to be levied pursuant to the Special Tax Formula. The special taxes herein authorized shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency, as applicable for ad valorem taxes; however, as applicable, this legislative body may, by resolution, establish and adopt an alternate or supplemental procedure. as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the Rancho Cucamonga Fire Protection District, acting for and on behalf of the District. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the Territory and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the legislative body ceases. The maximum special tax rate authorized to be levied within the District shall not be increased as a result of the annexation of the Territory to the District. P42 Resolution No. 09- Page -4- PUBLIC HEARING SECTION 6: NOTICE IS GIVEN THAT ON THE 6th DAY OF MAY 2009, AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA, A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE AUTHORIZATION FOR THE ANNEXATION OF THE TERRITORY TO THE DISTRICT, THE PROPOSED METHOD AND APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN THE TERRITORY AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. AT SUCH PUBLIC HEARING, THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ANNEXATION OF THE TERRITORY OR THE LEVYING OF SPECIAL TAXES WITHIN THE TERRITORY WILL BE HEARD. AT SUCH PUBLIC HEARING, PROTESTS AGAINST THE PROPOSED ANNEXATION OF THE TERRITORY, THE LEVY OF SPECIAL TAXES W ITHIN THE TERRITORY OR ANY OTHER PROPOSALS CONTAINED IN THIS RESOLUTION MAY BE MADE ORALLY BY ANY INTERESTED PERSON. ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND SHALL CLEARLY SET FORTH THE IRREGULARITIES OR DEFECTS TO WHICH OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE SECRETARY PRIOR TO THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. P43 Resolution No. 09- Page -5- MAJORITY PROTEST SECTION 7: If (a) 50% or more df the registered voters, or six (6) registered voters, whichever is more, residing within the District, (b) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the Territory, (c) owners of one-half or more of the area of land in the territory included in the District, or (d)owners of one-half or more of the area of land included in the Territory, file written protests against the proposed annexation of the Territory to the District and such protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be undertaken for a period of one year from the date of the decision by the Board of Directors on the issues discussed at the public hearing. ELECTION SECTION 8: Upon the conclusion of the public hearing, if the legislative body determines to proceed with the annexation, a proposition shall be submitted to the qualified electors of the Territory. The vote shall be,by registered voters within the Territory; however, if there are less than 12 registered voters, the vote shall be by landowners, with each laridowner having one vote per acre or portion thereof within the Territory. NOTICE SECTION 9: Notice of the time and place of the public hearing shall be given by the Secretary by publication in a legally designated newspaper of general circulation, said publication pursuant to Section 6061 of the Government Code, with said publication to be completed at least seven (7) days prior to the date set for the public hearing. A copy of this Resolution shall be transmitted to the City Council of the City of Rancho Cucamonga as required by the Act. P44 Resolution No. 09- Page -6- PASSED, APPROVED and ADOPTED this AYES: NOES: ABSENT: ABSTAINED: day of , 2009. Donald J. Kurth, M.D., President ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a regular meeting of said Board held on the _ day of 2009. Executed this day of 2009, at Rancho Cucamonga, California Janice C: Reynolds, Secretary P45 Resolution No. 09- Page -7- EXHIBIT 'A' COMMUNITY FACILITIES DISTRICT NO. 85-1 DESCRIPTION OF THE SERVICES The performance by employees of functions, operations, maintenance and repair activities in order to provide fire protection and suppression services. P46 Resolution No. 09- Page -8- EXHIBIT 'B' COMMUNITY FACILITIES DISTRICT NO. 85-1 ANNEXATION NO. 09-3 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES The rate and method of apportionment, limitations on and adjustment to the Special Tax shall be as follows: To pay for fire suppression services and to finance fire suppression facilities, the Maximum Special Tax in Community Facilities District No. 85-1, Annexation No. 09-3 for Fiscal Year 2008-2009 shall be: Structures Maximum Annual Special Tax Residential 1 DU = ($148.04) Multi-Family 2 DU: 1.75 = ($148.04) 3 DU: 2.25 = ($148.04) 4 DU: 2.65 = ($148.04) 5-14 DU: 2.65 = ($148.04) + {.35 (TU-4) ($148.04)} 15-30 DU: 6.15 = ($148.04) + {.30 (TU-14) ($148.04)} 31-80 DU: 10.65 = ($148.04) + {.25 (TU-30) ($148.04)} 81 - up DU: 23.15 = ($148.04) + {.20 (TU-80) ($148.04)} Commercial ($148.04) per acre + $.080 per SF Industrial ($148.04) per acre + $.098 per SF Nete: DU =Dwelling Unit TU =Total Units SF =Square Foot ANNUAL ADJUSTMENT The maximum Special Tax shall be annually adjusted commencing on July 1, 2008 and each July 1 ~' thereafter for (a) changes in the cost of living or (b) changes in cost of living and changes in population as defined in Section 7901 of the Government Code, as amended, whichever is lesser. P47 Resolution No. 09- Page -9- REDUCTION IN SPECIAL TAX Commercial and industrial structures shall be granted a .01 cent reduction in the Special Tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall also be granted a .01 cent reduction (not cumulative) in Special Tax for each separate floor above or below the main ground floor of the structure. LIMITATION ON SPECIAL TAX LEVY The Special Tax shall only be levied on Developed Property. Developed Property is defined to be property: which is not owned by a public or governmental agency; which is not vacant; where a "certificate of occupancy" or "utility release" from the City of Rancho Cucamonga has been issued; which has an existing building or structure onsite; - which does not have as its sole use power transmission towers, railroad tracks, and flood control facilities. Areas granted as easements for such purposes shall be subtracted from the total acreage of the underlying lot. The annual levy of the Special Tax shall be based upon an annual determination by the Board of Directors of the Rancho Cucamonga Fire Protection District of the amount of other revenues available to meet budget requirements. As used in this formula, "available revenue" shall include ad valorem taxes, State of California augmentation, tax increment revenues received from the Redevelopment Agency of the City of Rancho Cucamonga and any other source of revenue except the Special Tax. The Board of Directors shall take all responsible steps to retain maximum Redevelopment Agency funding to which, by agreement, they may lawfully receive. To the extent available revenues are insufficient to meet budget requirements, the Board of Directors may levy the Special Tax. For further particulars regarding the rate and method of apportionment of the Special Tax, reference is made to the Final Report Mello-Roos Community Facilities District No. 85-1 for Fire Suppression Facilities/Services -Foothill Fire Protection District, a copy of which is on file in the office of the Fire Chief of the Rancho Cucamonga Fire Protection District. CITY OF RANCHO CUCAMONGA P48 Agenda Check Register 2/25/2009 through 3/10/2009 Check No. Check Date Vendor Name ~ Amount AP - 00279365 2/25/2009 A&V SOFTBALL 2,139.00 AP - 00279366 2/25/2009 Al AUTO DIAGNOSTIC 944.05 AP - 00279367 2/25/2009 ABC LOCKSMITHS 33.94 AP - 00279367 2/25/2009 ABC LOCKSMITHS 277.03 AP - 00279368 2/25/2009 ABLETRONICS 26.51 AP - 00279369 2/25/2009 ABM JANITORIAL SW 191.23 AP - 00279369 2/25/2009 ABM JANITORIAL SW 2,944.93 AP - 00279369 2/25/2009 ABM JANITORIAL SW 812.75 AP - 00279369 2/25/2009 ABM JANITORIAL SW 191.23 AP - 00279369. 2/25/2009 ABM JANITORIAL SW 478.09 AP - 00279369 2/25/2009 ABM JANITORIAL SW 136.37 AP - 00279369. 2/25/2009' ABM JANITORIAL SW 311.30 AP - 00279369 2/25/2009 ABM JANITORIAL SW 2,180.80 AP = 00279369 2/25/2009 ABM JANITORIAL SW 293.44 AP - 00279370 2/25/2009 ADVANCED ENGINEERING SOFTWARE 329.72 AP - 00279371 2/25/2009 AFLAC 4,442.26 AP - 00279371 2/25/2009 AFLAC 4,641.52 AP - 00279371 2/25/2009 AFLAC 4,417.16 AP - 00279372 2/25/2009 AGUILERA, ISAIAH 189.00 AP - 00279374 2/25/2009 ALEXANDER HAMILTON INSTITUTE INC. 38.45 AP - 00279375 2/25/2009 ALL CITY MANAGEMENT SERVICES INC. 20,611.11 AP - 00279376 2/25/2009 ALL WELDING 80.00 AP - 00279377 2/25/2009 ALLSTAR AIR CONDITIONING & HEATING 300.11 AP - 00279377 2/25/2009 ALLSTAR AIR CONDITIONING & HEATING 90.00 AP - 00279377 2/25/2009 ALLSTAR AIR CONDITIONING & HEATING 1,482.93 AP - 00279380 2/25/2009 AMTECH ELEVATOR SERVICES 207.68 AP - 00279380 2/25/2009 AMTECH ELEVATOR SERVICES 233.71 AP - 00279380 2/25/2009 AMTECH ELEVATOR SERVICES 241.44 AP - 00279382 2/25/2009 ARCHITERRA DESIGN GROUP 1,035.00 AP - 00279383 2/25/2009 ARMSTRONG GARDEN CENTERS INC. 18.39 AP - 00279384 2/25/2009 ASCE CONTINUING EDUCATION/MEMBERSHIP 250.00 AP - 00279385 2/25/2009 AUTO BODY 2000 1,008.88 AP - 00279385 2/25/2009 AUTO BODY 2000 3,218.02 AP - 00279386 2/25/2009 AUTO RESTORATORS INC 970.16 AP - 00279386 2/25/2009 AUTO RESTORATORS INC 1,199.12 AP - 00279387 2/25/2009 AUTO SPECIALISTS 68.87 AP - 00279388 2/25/2009 AVALON COLLISION CENTER 15,523.23 AP - 00279389 2/25/2009 AVALOS, ARMANDO 250.00 AP - 00279390 2/25/2009 AVANTS, MARGE 165.00 AP - 00279391 2/25/2009 B AND K ELECTRIC WHOLESALE 205.50 AP - 00279391 2/25/2009 B AND K ELECTRIC WHOLESALE 302.69 AP - 00279391 2/25/2009 B AND K ELECTRIC WHOLESALE 261.16 AP - 00279391 2/25/2009 B AND K ELECTRIC WHOLESALE 18.60 AP - 00279391 2/25/2009 B AND K ELECTRIC WHOLESALE 257.85 AP - 00279392 2/25/2009 BALLOONS R US INC/UNITED CALIF FACTORS 75.96 AP - 00279393 2/25/2009 BANK OF SACRAMENTO 17,315.76 AP - 00279394 2/25/2009 BARNES AND NOBLE 819.66 AP - 00279394 2/25/2009 BARNES AND NOBLE 117.09 AP - 00279395 2/25/2009 BEARD PROVENCHER AND ASSOC INC 2,700.00 AP - 00279395 2/25/2009 BEARD PROVENCHER AND ASSOC INC 3,904.00 AP - 00279396 2/25/2009 BELL, LAMAR 15.00 AP - 00279397 2/25/2009 BERN MARIES PROMOTIONAL PRODUCTS - 285.38 AP - 00279398 2/25/2009 BH SKATING PARKS INTERNATIONAL 1,800.00 AP - 00279399 2/25/2009 BISHOP COMPANY 655.16 User: VLOPEZ -Veronica Lopez Page: 1 Current Date: 03/12/200 Report: CK_AGENDA_REG_PORTRAIT_RC - CK Agenda Check Register Pornait Layout Time: 07:27:4 CITY OF RANCHO CUCAMONGA P49 _AQenda Check Resister 2/2S/2009 through 3/10/2009 Check No. Check Date Vendor Name Amount AP - 00279402 2/2S/2009 BRODART BOOKS 118.48 AP - 00279402 2/2S/2009 BRODART BOOKS 42.57 AP - 00279402 2/2S/2009 BRODART BOOKS 97.88 AP - 00279402 2/2S/2009 BRODART BOOKS 4.26 AP - 00279402 2/2S/2009 BRODART BOOKS 540.45 AP - 00279402 2/2S/2009 BRODART BOOKS 29.OS AP - 00279402 2/2S/2009 BRODART BOOKS 192.30 AP - 00279402 2/2S/2009 BRODART BOOKS 149.1 I AP - 00279402 2/2S/2009 BRODART BOOKS 420.86 AP - 00279402 2/2S/2009 BRODART BOOKS 2S.S6 AP - 00279402 2/2S/2009 BRODART BOOKS 8.52 AP - 00279402 2/2S/2009 BRODART BOOKS 4.26 AP - 00279402 2/2S/2009 BRODART BOOKS 59.61 AP - 00279402 2/2S/2009 BRODART BOOKS 21.30 AP - 00279402 2/2S/2009 BRODART BOOKS 4.26 AP - 00279402 2/2S/2009 BRODART BOOKS 8.52 AP - 00279402 2/2S/2009 BRODART BOOKS 8.52 AP - 00279402 2/2S/2009 BRODART BOOKS 4.26 AP - 00279402 2/2S/2009 BRODART BOOKS 4.26 .4P - 00279402 2/2S/2009 BRODART BOOKS 4.26 .4P - 00279402 2/2S/2009 BROD.4RT BOOKS 4:26 AP - 00279402 2/2S/2009 BRODART BOOKS 14.46 AP - 00279402 2/25/2009 BRODART BOOKS 17.14 AP - 00279402 2/2S/2009 BRODART BOOKS 270.29 AP - 00279402 2/2S/2009 BRODART BOOKS 16.44 AP - 00279402 2/2S/2009 BRODART BOOKS 17.14 AP - 00279402 2/2S/2009 BRODART BOOKS 23.56 AP - 00279402 2/2S/2009 BRODART BOOKS 27.39 AP - 00279402 2/2S/2009 BRODART BOOKS 14.54 AP - 00279402 2/2S/2009 BRODART BOOKS 12.88 AP - 00279402 2/2S/2009 BRODART BOOKS 10.28 AP - 00279402 2/2S/2009 BRODART BOOKS 77.04 AP - 00279402 2/2S/2009 BRODART BOOKS 212.13 AP - 00279402 2/2S/2009 BRODART BOOKS 14.16 AP - 00279402 2/2S/2009 BRODART BOOKS 16.78 AP - 00279402 2/2S/2009 BRODART BOOKS 72.76 AP - 00279402 2/2S/2009 BRODART BOOKS - 17.44 AP - 00279402 2/2S/2009 BRODART BOOKS 63.50 AP - 00279402 2/2S/2009 BRODART BOOKS 28.11 AP - 00279402 2/2S/2009 BRODART BOOKS 41.80 AP - 00279402 2/2S/2009 BRODART BOOKS 11.20 AP - 00279402 2/2S/2009 BRODART BOOKS 12.88 AP - 00279402 2/2S/2009 BRODART BOOKS 16.47 AP - 00279402 2/2S/2009 BRODART BOOKS 17.04 AP - 00279402 2/2S/2009 BRODART BOOKS 4.26 AP - 00279402 2/2S/2009 BRODART BOOKS 4.26 AP - 00279402 2/2S/2009 BRODART BOOKS S.S2 AP - 00279402 2/2S/2009 BRODART BOOKS 17.04 AP - 00279402 2/2S/2009 BRODART BOOKS 14.94 AP - 00279402 2/2S/2009 BRODART BOOKS 8.52 AP - 00279402 2/2S/2009 BRODART BOOKS 45.12 AP - 00279402 2/2S/2009 BRODART BOOKS 21.40 AP - 00279402 2/2S/2009 BRODART BOOKS. ]9.30 AP - 00279402 2/2S/2009 BRODART BOOKS 40.96 User: VLOPEZ -Veronica Lopez Yage: 2 Current Date: 03/12/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 07:27:4 CITY OF RANCHO CUCAMONGA Asenda Check Resister 2/25!2009 through 3/10/2009 Check No. Check Date Vendor Name Amount AP - 00279402 2/25/2009 BRODART BOOKS 10.28 AP - 00279402 2/25/2009 BRODART BOOKS 51.53 AP - 00279402 2/25/2009 BRODART BOOKS 64.32 AP - 00279402 2/25/2009 BRODART BOOKS 15.51 AP - 00279402 2/25/2009 BRODART BOOKS 36.83 AP - 00279402 2/25/2009 BRODART BOOKS 14.01 AP - 00279402 2/25/2009 BRODART BOOKS 64.93 AP - 00279402 2/25/2009 BRODART BOOKS 2767 AP - 00279402 2/25/2009 BRODART BOOKS 57.69 AP - 00279402 2/25/2009 BRODART BOOKS 26.89 AP - 00279402 2/25/2009 BRODART BOOKS 19.30 AP - 00279402 2/25/2009 BRODART BOOKS 28.52 AP - 00279402 2/25/2009 BRODART BOOKS 28.56 AP - 00279402 2/25/2009 BRODART BOOKS 4.26 AP - 00279402 2/25/2009 BRODART BOOKS 15.04 AP - 00279402 2/25/2009 BRODART BOOKS 9.85 AP - 00279402 2/25/2009 BRODART BOOKS 52.35 AP - 00279402 2/25/2009 BRODART BOOKS 87.79 AP - 00279402 2/25/2009 BRODART BOOKS 31.32 AP - 00279402 2/25/2009 BRODART BOOKS 15.66 AP - 00279402 2/25/2009 BRODART BOOKS 19.35 AP - 00279402 2/25/2009 BRODART BOOKS 8.52 AP - 00279402 2/25/2009 BRODART BOOKS 4.26 AP - 00279402 2/25/2009 BRODART BOOKS 6.42 AP - 00279402 2/25/2009 BRODART BOOKS 8.52 AP - 00279402 2/25/2009 BRODART BOOKS 8.52 AP - 00279402 2/25/2009 BRODART BOOKS 8.52 AP - 00279402 2/25/2009 BRODART BOOKS 4.26 AP - 00279402 2/25/2009 BRODART BOOKS 123.41 AP - 00279402 2/25/2009 BRODART BOOKS 14.57 AP - 00279402 2/25/2009 BRODART BOOKS 16.44 AP - 00279402 2/25/2009 BRODART BOOKS 21.40 AP - 00279402 2/25/2009 BRODART BOOKS 37.68 AP - 00279402 2/25/2009 BRODART BOOKS 28.57 AP - 00279402 2/25/2009 BRODART BOOKS 28.57 AP - 00279402 2/25/2009 BRODART BOOKS 15.51 AP - 00279402 2/25/2009 BRODART BOOKS 29.67 AP - 00279402 2/25/2009 BRODART BOOKS 16.47 AP - 00279402 2/25/2009 BRODART BOOKS 17.02 AP - 00279402 2/25/2009 BRODART BOOKS 383.07 AP - 00279402 2/25/2009 BRODART BOOKS 33.58 AP - 00279402 2/25/2009 BRODART BOOKS 243.20 AP - 00279403 2/25/2009 BURR CYCLES INC, JOHN 592.09 AP - 00279403 2/25/2009 BURR CYCLES INC, JOHN 641.66 AP - 00279404 2/25/2009 CAL PERS LONG TERM CARE 480.96 AP - 00279405 2/25/2009 CAL-STATE RENT A FENCE INC 66.75 AP - 00279405 2/25/2009 CAL-STATE RENT A FENCE INC 66.75 AP - 00279406 2/25/2009 CALBO 215.00 AP - 00279408 2/25/2009 CALIFORNIA PUBLIC EMPLOYEES 107,795.87 AP - 00279408 2/25/2009 CALIFORNIA PUBLIC EMPLOYEES 485.08 AP - 00279409 2/25/2009 CALIFORNIA SHOPPING CART RETRIEVAL COP 205.00 AP - 00279410 2/25/2009 CALTAC 80.00 AP - 00279411 2/25/2009 CALTAC 115.00 AP - 00279412 2/25/2009 CARDENAS, SERGIO 10.00 P50 User: VLOPEZ -Veronica Lopez Page: 3 Current Date: 03/12/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 07:27:4 CITY OF RANCHO CUCAMONGA P51 Agenda Check Register - 2/25/2009 through 3/10/2009 Check No. Check Dale Vendor Name Amount AP - 00279413 2/25/2009 CARROT TOP INDUSTRIES 530.16 AP - 00279415 2/25/2009 CASTILLO, JESSIE 250.00 AP - 00279416 2/25/2009 CENTEX HOMES 2,500.00 AP - 00279417 2/25/2009 CENTRAL SCHOOL DISTRICT 215.00 AP - 00279419 2/25/2009 CHARTER COMMUNICATIONS 32.99 AP - 00279420 2/25/2009 CHOICE POINT GOVERNMENT SERVICES INC. 75.00 AP - 00279420 2/25/2009 CHOICE POINT GOVERNMENT SERVICES INC. -15.00 AP - 00279421 2/25/2009 CLABBY, SANDRA 1,000.00 AP - 00279422 2/25/2009 CLARK, KAREN 180.00 AP - 00279423 2/25/2009 CLARKE PLUMBING SPECIALTIES INC. 3.01 AP - 00279424 2/25/2009 CLEARWATER GRAPHICS 355.58 AP - 00279424 2/25/2009 CLEARWATER GRAPHICS 700.38 AP - 00279424 2/25/2009 CLEARWATER GRAPHICS 183.18 AP - 00279424 2/25/2009 CLEARWATER GRAPHICS 307.09 AP - 00279425 2/25/2009 COACHELLA VALLEY CHAPTER ICC 125.00 AP - 00279427 2/25/2009 CONCEPT POWDER COATING 160.00 AP - 00279427 2/25/2009 CONCEPT POWDER COATING 170.00 AP - 00279428 2/25/2009 CONLON, BEA 206.00 AP - 00279429 2/25/2009 CONTINENTAL AMERICAN INSURANCE COMPS 16.39 AP - 00279430 2/25/2009 COOPER, CHERYL 134.40 AP - 00279430 2/25/2009 COOPER, CHERYL 8.00 AP - 00279431 2/25/2009 COPIES & INK PRINTING INC. 58.80 AP - 00279432 2/25/2009 CORREIA, MICHELLE 100.00 AP - 00279434 2/25/2009 COUNSELING TEAM INTERNATIONAL, THE 75.00 AP - 00279435 2/25/2009 CPRS 25.00 AP - 00279436 2/25/2009 CRIDLAND, KYLE 35.10 AP - 00279437 2/25/2009 CS LEGACY CONSTRUCTION INC. 173,157.60 AP - 00279437 2/25/2009 CS LEGACY CONSTRUCTION INC. -17,315.76 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 99.80 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 716.28 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 822.77 AP - 00279439 2/25/2009 . CUCAMONGA VALLEY WATER DISTRICT 149.46 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 37.74 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 142.41 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 166.07 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 49.90 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 88.52 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 26.42 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 116.72 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 163.56 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 135.05 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 289.05 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 127.45 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 127.45 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 49.90 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 200.22 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 162.54 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 242.52 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 51.50 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 222.78 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 69.83 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 152.28 AP - 00279439 2/25/2009 CUCAMONGA VALLEY W"ATER DISTRICT 80.06 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 25.01 User: VLOPEZ -Veronica Lopez Page: 4 Current Date: 03/12/200 Report:CK_AGENDA_ REG_PORTRAI T_RC - CK: Agenda Check Register Pomait Layout Time: 07:27:4 CITY OF RANCHO CUCAMONGA Agenda Check Register 2/25/2009 through 3/10/2009 Check No. Check Date Vendor Name Amount AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 40.22 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 162.89 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 252.39 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 389.23 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 688.75 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 791.19 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 152.35 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 128.00 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 236.57 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 55.73 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 48.68 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 153.69 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 37.73 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 155.10 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 233.75 AP - 00279439 2/25/2009 CUCAMONGA VALLEY WATER DISTRICT 174.53 AP - 00279441 2/25/2009. DAISY WHEEL RIBBON CO INC 258.54 AP - 00279442 2/25/2009 DATA QUICK 130.50 AP - 00279443 2/25/2009 DAMS, AZIZA 19.31 AP - 00279444 2/25/2009 DAMS, KATHERINE 403.20 AP - 00279445 2/25/2009 DE LA TORRE, VERONICA 500.00 AP - 00279446 2/25/2009 DEKRA-CITE INDUSTRIES INC 6,963.59 AP - 00279447 - 2/25/2009 DEPARTMENT ISSUE INCORPORATED 387.90 AP - 00279448 2/25/2009 DGO AUTO DETAILING 150.00 AP - 00279449 .2/25/2009 DT_INN EDWARDS CORPORATION 103:60 AP - 00279449 2/25/2009 DUNN EDWARDS CORPORATION 74.10 AP - 00279450 2/25/2009 DUNN, ANNE MARIE 45.00 AP - 00279450 2/25/2009 DUNN, ANNE MARIE 150.00 AP - 00279450 2/25/2009 DUNN, ANNE MARIE 108.00 AP - 00279450 2/25/2009 DUNN, ANNE MARIE 12.00 AP - 00279450 2/25/2009 DUNN, ANNE MARIE 36.00 AP - 00279450 2/25/2009 DUNN, ANNE MARIE 45.00 AP - 00279450 2/25/2009_ DUNN, ANNE MARIE 108.00 AP - 00279450 2/25/2009 DUNN, ANNE MARIE 66.00 AP - 00279450 2/25/2009 DUNN, ANNE MARIE 63.00 AP - 00279451 2/25/2009 DURKEL, CAROL 94.19 AP - 00279452 2/25/2009 DYNASTY SCREEN PRINTING 731.35 AP - 00279453 2/25/2009 EAST WEST BANK 15,000.00 AP - 00279454 2/25/2009 EAST WEST BANK 5,000.00 AP - 00279454 2/25/2009 EAST W EST BANK 5,000.00 AP - 00279455 2/25/2009 EBSCO 56.47 AP - 00279455 2/25/2009 EBSCO 56.48 AP - 00279457 2/25/2009 ELLIS ENTERPRISES 150.00 AP - 00279457 2/25/2009 ELLIS ENTERPRISES 330.00 AP - 00279457 2/25/2009 ELLIS ENTERPRISES 50.00 AP - 00279457 2/25/2009 ELLIS ENTERPRISES 75.00 AP - 00279457 2/25/2009 ELLIS ENTERPRISES 50.00 AP - 00279457 2/25/2009 ELLIS ENTERPRISES 1,585.00 AP - 00279457 2/25/2009 ELLIS ENTERPRISES 1,670.00 AP - 00279457 2/25/2009 ELLIS ENTERPRISES 110.00 AP - 00279457 2/25/2009 ELLIS ENTERPRISES 1,500.00 AP - 00279458 2/25/2009 EMCOR SERVICE 17,980.59 AP - 00279458 2/25/2009 EMCOR SERVICE 8,642.63 AP - 00279459 2/25/2009 EMPIRE HOMES 2,>00.00 P52 User: VLOPEZ -Veronica Lopez Page: 5 Current Date: 03/12/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 07:27:4 CITY OF RANCHO CUCAMONGA P53 Asenda Check Resister 2/25/2009 through 3/10/2009 Check No. Check Date Vendor Name Amount AP - 00279461 2/25/2009 ESGIL CORPORATION 17,714.00 AP - 00279462 2/25/2009 ESPINO'S COP SHOP INC 159.45 AP - 00279462 2/25/2009 ESPINO'S COP SHOP INC 45.00 AP - 00279462 2/25/2009 ESPINO'S COP SHOP INC 159.45 AP - 00279462 2/25/2009 ESPINO'S COP SHOP INC 45.00 AP - 00279462 2/25/2009 ESPINO'S COP SHOP INC 196.08 AP - 00279462 2/25/2009 ESPINO'S COP SHOP INC 45.00 AP - 00279463 2/25/2009 ETIWANDA SCHOOL DISTRICT 385.00 AP - 00279463 2/25/2009 ETIWANDA SCHOOL DISTRICT 385.00 AP - 00279463 2/25/2009 ETIWANDA SCHOOL DISTRICT 385.00 AP - 00279463 2/25/2009 ETIWANDA SCHOOL DISTRICT 385.00 AP - 00279464 2/25/2009 EWING IRRIGATION PRODUCTS 53.51 AP - 00279464 2/25/2009 EWING IRRIGATION PRODUCTS 30.00 AP - 00279464 2/25/2009 EWING IRRIGATION PRODUCTS 37.07 AP - 00279465 2/25/2009 EXPRESS BRAKE SUPPLY 47.51 AP - 00279466 2/25/2009 F & F LLC 5,000.00 AP - 00279467 2/25/2009 F & T GROUP LLC. 125,000.00 AP - 00279468 2/25/2009 FASTENAL COMPANY 361.78 AP - 00279468 2/25/2009 FASTENAL COMPANY 55.96 AP - 00279468 2/25/2009 FASTENAL COMPANY 12.62 AP - 00279469 2/25/2009 FOOTCHESTER PARTNERS LLC. 5,000.00 AP - 00279469 2/25/2009 FOOTCHESTER PARTNERS LLC. 15;000.00 AP - 00279470 2/25/2009 FOOTHILL AREA COUNCIL OF BETA SIGNMA P. 250.00 AP - 00279472 2/25/2009 FORD OF UPLAND INC 518.46 AP - 00279473 2/25/2009 FREESE, MICHAEL 70.00 AP - 00279474 2/25/2009 G AND M BUSINESS INTERIORS 2,984.86 AP - 00279475 2/25/2009 GEO PLASTICS INC 3,781.69 AP - 00279477 2/25/2009 GLOBAL PRESENTER 68.34 AP - 00279478 2/25/2009 GONSALVES AND SON,JOE A 3,000.00 AP - 00279479 2/25/2009 GRAINGER 113.25 AP - 00279479 2/25/2009 GRAINGER 249.14 AP - 00279479 2/25/2009 GRAINGER 327.15 AP - 00279479 2/25/2009 GRAINGER 9.59 AP - 00279479 2/25/2009 GRAINGER 3.04 AP - 00279479 2/25/2009 GRAINGER 29.42 AP - 00279479 2/25/2009 GRAINGER 87.06 AP - 00279479 2/25/2009 GRAINGER 195.35 AP - 00279479 2/25/2009 GRAINGER 219.36 AP - 00279479 2/25/2009 GRAINGER 145.08 AP - 00279479 2/25/2009 GRAINGER 91.07 AP - 00279479 2/25/2009 GRAINGER 435.42 AP - 00279479 2/25/2009 GRAINGER 352.23 AP - 00279479 2/25/2009 GRAINGER ~ 57.11 AP - 00279479 2/25/2009 GRAINGER 17.64 AP - 00279479 2/25/2009 GRAINGER 147.22 AP - 00279480 2/25/2009 GRANICUS INC 1,100.00 AP - 00279481 2/25/2009 GRANT III, VINCENT 174.00 AP - 00279482 2/25/2009 GREEN ROCK POWER EQUIPMENT 297.93 AP - 00279482 2/25/2009 GREEN ROCK POWER EQUIPMENT 68.34 AP - 00279484 2/25/2009 HAMILTON, MONIQUE 200.00 AP - 00279485 2/25/2009 HARTZ, JULIE 100.00 AP - 00279486 2/25/2009 HILLWOOD INVESTMENT PROPERTIES ]5,000.00 AP - 00279486 2/25/2009 HILLWOOD INVESTMENT PROPERTIES ]5,000.00 AP - 00279487 2/25/2009 HOGLE-IRELAND 15,748.78 User: VLOPEZ-Veronica Lopez Page: 6 Current Date: 03/]2/200 Report:CK_AGENDA_R EG_PORTRAI T_RC - CK: Agenda Check Register Pomait Layout Time: 07:27:4 CITY OF RANCHO CUCAMONGA Asenda Check Resister 2/25/2009 through 3/10/2009 Check No. Check Date Vendor Name ~ Amount AP - 00279487 2/25/2009 HOGLE-IRELAND 8,666.25 AP - 00279489 2/25/2009 HOLT, WILLIAM 1,440.00 AP - 00279490 2/25/2009 HOME DEPOT CREDIT SERVICES 460.03 AP - 00279490 2/25/2009 HOME DEPOT CREDIT SERVICES 352.96 AP - 00279492 2/25/2009 I-IUYNH, TRANG 507.79 AP - 00279493 2/25/2009 IBM CORPORATION 45.00 AP - 00279494 2/25/2009 IDHASOFT 637.50 AP - 00279495 2/25/2009 INLAND EMPIRE FAMILY ],080.00 AP - 00279497 2/25/2009 INLAND VALLEY RV SERVICE & SUPPLIES 297.00 AP - 00279498 2/25/2009 IRON MOUNTAIN OSDP 1,326.74 AP - 00279499 2/25/2009 JACKSON, HUGH 25.00 AP - 00279500 2/25/2009 JAUREGUI &CULVER INC 142,905.56 AP - 00279500 2/25/2009 JAUREGUI &CULVER INC -14,290.56 AP - 00279501 2/25/2009 ]ONES AND MAYER, LAW OFFICES OF 522.00 AP - 00279501 2/25/2009 JONES AND MAYER, LAW OFFICES OF 145.00 AP - 00279502 2/25/2009 JRC HOUSING INC 410.00 AP - 00279503 2/25/2009 K K WOODWORKING 42.02 AP - 00279504 2/2S/2009 KAISER FOUNDATION HEALTH PLAN INC 118,041.88 AP - 00279504 2/25/2009 KAISER FOUNDATION HEALTH PLAN INC 1,972.08 AP - 00279504 2/25/2009 KAISER FOUNDATION HEALTH PLAN INC 986.04 AP - 00279505 2/25/2009 KAMRANI, JOSEPH 400.00 AP - 00279506 2/25/2009 KARRAA, ANTONIO 400.00 AP - 00279507 2/25/2009 KONICA MINOLTA BUSINESS SOLUTIONS USA 582.14 AP - 00279508 2/25/2009 KORANDA CONSTRUCTION 890.00 AP - 00279509 2/25/2009 KURTH, DONALD 300.00 AP - 00279510 2/25/2009 LANDEROS, MARTHA 500.00 AP - 0027951 I 2/25/2009 LEAL, RUTH 13.00 AP - 00279512 2/25/2009 LEBERE, CHRIS 180.00 AP - 00279513 2/25/2009 LEIGHTON CONSULTING INC 1,126.50 AP - 00279514 2/25/2009 LIMS AUTO INC 38.12 AP - 00279514 2/25/2009 LIMS AUTO INC 38.12 AP - 00279514 2/25/2009 LIMS AUTO INC 38.12 AP - 00279514 2/25/2009 LIMS AUTO INC 38.12 AP - 002795]4 2/25/2009 LIMS AUTO INC 1;205.41 AP - 00279515 2/25/2009 LITTLE BEAR PRODUCTIONS 4,175.00 AP - 00279515 2/2S/2009 LITTLE BEAR PRODUCTIONS 150.00 AP - 00279515 2/25/2009 LITTLE BEAR PRODUCTIONS 200.00 AP - 00279515 2/25/2009 LITTLE BEAR PRODUCTION'S 300.00 AP - 00279515 2/25/2009 LITTLE BEAR PRODUCTIONS 75.00 AP - 00279515 2/25/2009 LITTLE BEAR PRODUCTIONS 125.00 AP - 00279515 2/25/2009 LITTLE BEAR PRODUCTIONS 775.00 AP - 00279516 2/25/2009 LOS OSOS SOFTBALL BOOSTER 500.00 AP - 00279517 2/25/2009 LUCIDO, ARASIMO PAUL 412.00 AP - 00279518 2/25/2009 MAINTENANCE SUPERINTENDENTS ASSOC 40.00 AP - 00279519 2/25/2009 MARCARELLO, KAREN 42.90 AP - 00279520 2/25/2009 MARIPOSA HORTICULTURAL ENT INC 72.41 AP - 00279520 2/25/2009 MARIPOSA HORTICULTURAL ENT INC 916.65 AP - 00279520 2/2S/2009 MARIPOSA HORTICULTURAL ENT INC 961.03 AP - 00279520 2/25/2009 MARIPOSA HORTICULTURAL ENT INC 1,809.22 AP - 00279520 2/25/2009 MARIPOSA HORTICULTURAL ENT INC 618.42 AP - 00279520 2/25/2009 MARIPOSA HORTICULTURAL ENT INC 92.01 AP - 00279520 2/25/2009 MARIPOSA HORTICULTURAL ENT INC 517.79 AP - 00279520 2/25/2009 MARIPOSA HORTICULTURAL ENT INC 33.72 AP - 00279520 2/25/2009 MARIPOSA HORTICULTURAL ENT INC 265.87 P54 User: VLOPEZ -Veronica Lopez Page: 7 Current Date: 03/]2/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 07:27:4 CITY OF RANCHO CUCAMONGA P55 Asenda Check Resister 2/25/2009 through 3/10/2009 Check No. Check Date Vendor Name Amount AP - 00279520 2/25/2009 MARIPOSA HORTICULTURAL ENT INC 439.33 AP - 00279520 2/25/2009 MARIPOSA HORTICULTURAL ENT INC 815.81 AP - 00279520 2/25/2009 MARIPOSA HORTICULTURAL ENT INC 134.21 AP - 00279520 2/25/2009 MARIPOSA HORTICULTURAL ENT INC 1,342.75 AP - 00279520 2/25/2009 MARIPOSA HORTICULTURAL ENT INC 174.39 AP - 00279520 2/25/2009 MARIPOSA HORTICULTURAL ENT INC 67.43 AP - 00279520 2/25/2009 MARIPOSA HORTICULTURAL ENT INC 2,053.98 AP - 00279520 2/25/2009 MARIPOSA HORTICULTURAL ENT INC 20,000.00 AP - 00279520 2/25/2009 MARIPOSA HORTICULTURAL ENT INC 5,059.08 AP - 00279520 2/25/2009 MARIPOSA HORTICULTURAL ENT INC 870.74 AP - 00279520 2/25/2009 MARIPOSA HORTICULTURAL ENT INC 1,930.05 AP - 00279520 2/25/2009 MARIPOSA HORTICULTURAL ENT INC 571.14 AP - 00279520 2/25/2009 MARIPOSA HORTICULTURAL ENT INC 2,323.10 AP - 00279520 2/25/2009 MARIPOSA HORTICULTURAL ENT INC 3,022.47 AP - 00279520 2/25/2009 MARIPOSA HORTICULTURAL ENT INC 1,181.84 AP - 00279520 2/25/2009 MARIPOSA HORTICULTURAL ENT INC 6,578.73 AP - 00279520 2/25/2009 MARIPOSA HORTICULTURAL ENT INC 587.54 AP - 00279520 2/25/2009 MARIPOSA HORTICULTURAL ENT INC 15,998.12 AP - 00279522 2/25/2009 MARQUETTE COMMERCIAL FINANCE 189.64 . AP - 00279523 2/25/2009 MARTINEZ, ELOISA 60.00 AP - 00279525 2/25/2009 MCMASTER CARR SUPPLY COMPANY 45.45 AP - 00279525 2/25/2009 MCMASTER CARR SUPPLY COMPANY 32.34 AP - 00279526 2/25/2009 MIDDLE RIDGE INC 62.50 AP - 00279527 2/25/2009 MIDWEST TAPE 121.95 AP - 00279527 2/25/2009 MIDWEST TAPE 160.93 AP - 00279527 2/25/2009 MIDWEST TAPE 63.95 AP - 00279527 2/25/2009 MIDWEST TAPE 141.94 AP - 00279527 2/25/2009 MIDWEST TAPE 39.99 AP - 00279527 2/25/2009 MIDWEST TAPE 33.99 AP - 00279527 2/25/2009 MIDWEST TAPE 63.95 AP - 00279527 2/25/2009 MIDWEST TAPE 168.92 AP - 00279527 2/25/2009 MIDWEST TAPE 22.99 AP - 00279527 2/25/2009 MIDWEST TAPE 282.86 AP - 00279527 2/25/2009 MIDWEST TAPE 198.91 AP - 00279528 2/25/2009 MISSOULA CHILDRENS THEATRE INC 2,400.00 AP - 00279528 2/25/2009 MISSOULA CHILDRENS THEATRE INC -168.00 AP - 00279529 2/25/2009 MOTRE, DAVID 500.00 AP - 00279530 2/25/2009 MOUNTAIN MOTOR SPORTS 199.31 AP - 00279530 2/25/2009 MOUNTAIN MOTOR SPORTS 962.64 AP - 00279531 2/25/2009 MOUNTAIN VIEW GLASS AND MIRROR INC 3,033.79 AP - 00279532 2/25/2009 MUSIC THEATRE INTERNATIONAL 2,308.27 AP - 00279533 2/25/2009 NAPA AUTO PARTS .483.99 AP - 00279533 2/25/2009 NAPA AUTO PARTS ] 5.63 AP - 00279533 2/25/2009 NAPA AUTO PARTS 169.73 AP - 00279533 2/25/2009 NAPA AUTO PARTS 48.34 AP - 00279533 2/25/2009 NAPA AUTO PARTS 3.48 AP - 00279533 2/25/2009 NAPA AUTO PARTS 156.50 AP - 00279533 2/25/2009 NAPA AUTO PARTS 53.92 AP - 00279533 2/25/2009 NAPA AUTO PARTS 87.90 AP - 00279533 2/25/2009 NAPA AUTO PARTS 87.1 I AP - 00279533 2/25/2009 NAPA AUTO PARTS 159.04 AP - 00279535 2/25/2009 NIELSEN, NETTIE 250.00 AP - 00279536 2/25/2009 NWOSU, LORETHA 30.80 AP - 00279537 2/25/2009 O C B REPROGRAPHICS INC 29.15 User: VLOPEZ -Veronica Lopez Page: 8 Current Date: 03/12/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 07:27:4 CITY OF RANCHO CUCAMONGA P56 Agenda Check Resister 2/25/2009 through 3/10/2009 Check No. Check Date Vendor Name Amount AP - 00279537 2/25/2009 O C B REPROGRAPHICS INC 130.65 AP - 00279537 2/25/2009 O C B REPROGRAPHICS INC 49.03 AP - 00279540 2/25/2009 OFFICE DEPOT 43.21 AP - 00279540 2/25/2009 OFFICE DEPOT -2,689.96 AP - 00279540 2/25/2009 OFFICE DEPOT 107.08 AP - 00279540 2/25/2009 OFFICE DEPOT 24.77 AP - 00279540 2/25/2009 OFFICE DEPOT 4.17 AP - 00279540 2/25/2009 OFFICE DEPOT 92.22 AP - 00279540 2/25/2009 OFFICE DEPOT 6.03 AP - 00279540 2/25/2009 OFFICE DEPOT 97.43 AP - 00279540 2/25/2009 OFFICE DEPOT 120.83 AP - 00279540 2/25/2009 OFFICE DEPOT 55.76 AP - 00279540 2/25/2009 OFFICE DEPOT 1,463.25 AP - 00279540 2/25/2009 OFFICE DEPOT 193.94 AP - 00279540 2/25/2009 OFFICE DEPOT 31.87 AP - 00279540 2/25/2009 OFFICE DEPOT 20.08 AP - 00279540 2/25/2009 OFFICE DEPOT -6.76 AP - 00279540 2/25/2009 OFFICE DEPOT 88.85 AP - 00279540 2/25/2009 OFFICE DEPOT 50.22 AP - 00279540 2/25/2009 OFFICE DEPOT 42.02 AP - 00279540 2/25/2009 OFFICE DEPOT 95.41 AP - 00279540 2/25/2009 OFFICE DEPOT 23.66 AP - 00279540 2/25/2009 OFFICE DEPOT 153.32 AP - 00279540 2/25/2009 OFFICE DEPOT 28.28 AP - 00279540 2/25/2009 OFFICE DEPOT 6.04 AP - 00279540 2/25/2009 OFFICE DEPOT 69.60 AP - 00279540 2/25/2009 OFFICE DEPOT 81.78 AP - 00279540 2/25/2009 OFFICE DEPOT 48.71 AP - 00279540 2/25/2009 OFFICE DEPOT 12.46 AP - 00279540 2/25/2009 OFFICE DEPOT 162.07 AP - 00279540 2/25/2009 OFFICE DEPOT 144.43 AP - 00279540 2/25/2009 OFFICE DEPOT 11.63 AP - 00279540 2/25/2009 OFFICE DEPOT 249.29 AP - 00279540 2/25/2009 OFFICE DEPOT 41.02 AP - 00279540 2/25/2009 OFFICE DEPOT 316.40 AP - 00279540 2/25/2009 OFFICE DEPOT 124.49 AP - 00279540 2/25/2009 OFFICE DEPOT 100.90 AP - 00279540 2/25/2009 OFFICE DEPOT 7.69 AP - 00279540 2/25/2009 OFFICE DEPOT 10.06 AP - 00279540 2/25/2009 OFFICE DEPOT 33.93 AP - 00279540 2/25/2009 OFFICE DEPOT 341.29 AP - 00279540 2/25/2009 OFFICE DEPOT 27.80 AP - 00279540 2/25/2009 OFFICE DEPOT 21.05 AP - 00279540 2/25/2009 OFFICE DEPOT 18.54 AP - 00279540 2/25/2009 OFFICE DEPOT - -17.20 AP - 00279540 2/2S/2009 OFFICE DEPOT 17.20 AP - 00279540 2/25/2009 OFFICE DEPOT 30.64 AP - 00279540 2/25/2009 OFFICE DEPOT 196.72 AP - 00279540 2/25/2009 OFFICE DEPOT 113.08 AP - 00279540 2/25/2009 OFFICE DEPOT 16.16 AP - 00279540 2/25/2009 OFFICE DEPOT 7.46 AP - 00279540 2/25/2009 OFFICE DEPOT 17.76 AP - 00279540 2/25/2009 OFFICE DEPOT 39.85 AP - 00279540 2/25/2009 OFFICE DEPOT 41.69 User: VLOPEZ -Veronica Lopez Page: 9 Current Date: 03/12/200 Report:CK_AGENDA_REG_PORTRA[T_RC - CK: Agenda Check Register Pomait Layout Time: 07:27:4 CITY OF RANCHO CUCAMONGA Agenda Check Register 2/25/2009 through 3/10/2009 Check No. Check Date Vendor Name Amount AP - 00279540 2/25/2009 OFFICE DEPOT 52.96 AP - 00279540 2/25/2009 .OFFICE DEPOT 68.59 AP - 00279540 2/25/2009 OFFICE DEPOT 21.59 AP - 00279540 2/25/2009 OFFICE DEPOT 75.53 AP - 00279540 2/25/2009 OFFICE DEPOT 957.56 AP - 00279540 2/25/2009 OFFICE DEPOT 26.93 AP - 00279540 2/25/2009 OFFICE DEPOT 109.82 AP - 00279540 2/25/2009 OFFICE DEPOT 83.66 AP - 00279540 2/25/2009 OFFICE DEPOT 143.39 AP - 00279540 2/25/2009 OFFICE DEPOT 334.59 AP - 00279540 2/25/2009 OFFICE DEPOT 64.64 AP - 00279540 2425/2009 OFFICE DEPOT 38.90 AP - 00279540 2/25/2009 OFFICE DEPOT 16.16 AP - 00279540 2/25/2009 OFFICE DEPOT 15.65 AP - 00279540 2/25/2009 OFFICE DEPOT 383.03 AP - 00279540 2/25/2009 OFFICE DEPOT 8.59 AP - 00279540 2/25/2009 OFFICE DEPOT 56.15 AP - 00279540 2/25/2009 OFFICE DEPOT 25.86 AP - 00279540 2/25/2009 OFFICE DEPOT 12.57 AP - 00279540. 2/25/2009 OFFICE DEPOT 254.59 AP - 00279540 2/25/2009 OFFICE DEPOT 31.94 AP - 00279540 2/25/2009 OFFICE DEPOT 6.01 AP - 00279540 2/25/2009 OFFICE DEPOT 28.94 AP - 00279540 2/25/2009 OFFICE DEPOT 46.60 AP - 00279540 2/25/2009 OFFICE DEPOT -1,312.96 AP - 00279540 2/25/2009 OFFICE DEPOT 66.42 AP - 00279541 2/25/2009 OMNITRANS 159.50 AP - 00279542 2/25/2009 OPEN APPS INC 660.00 AP :00279543 2/2S/2009 OTT, LAURA 504.00 AP - 00279543 2/25/2009 OTT, LAURA 244.80 AP - 00279543 2/25/2009 OTT, LAURA 126.00 AP - 00279544 2/25/2009 OTT, SHARON 230.40 AP - 00279544 2/25/2009 OTT, SHARON 201.60 AP - 00279545 2/25/2009 PARS 3,500.00 AP - 00279546 2/25/2009 PATCHETT & ASSOCIATES 4,838.40 AP - 00279546 2/25/2009 PATCHETT & ASSOCIATES 1,005.00 AP - 00279546 2/25/2009 PATCHETT & ASSOCIATES 5,009.20 AP - 00279546 2/25/2009 PATCHETT & ASSOCIATES 1,110.00 AP - 00279546 2/25/2009 PATCHETT & ASSOCIATES 370.00 AP - 00279546 2/25/2009 PATCHETT & ASSOCIATES 92.50 AP - 00279546 2/25/2009 PATCHETT & ASSOCIATES 1,359.20 AP - 00279547 2/25/2009 PATTON SALES CORD 254.72 AP - 00279548 2/25/2009 PENINSULA LIBRARY SYSTEM 75.00 AP - 00279549 2/25/2009 PETES ROAD SERVICE INC 592.50 AP - 00279550 2/25/2009 PHOENIX GROUP INFORMATION SYSTEMS 407.33 AP - 00279552 2/25/2009 POPPEN, BRANDY 1 11.53 AP - 00279553 2/25/2009 PRAXAIR DISTRIBUTION INC 68.34 AP - 00279554 2/25/2009 PRE-PAID LEGAL SERVICES INC 11.40 AP - 00279555 2/25/2009 PRESS ENTERPRISE 600.00 AP - 00279555 2/25/2009 PRESS ENTERPRISE 600.00 AP - 00279557 2/25/2009 RANCHO CUCAMONGA FAMILY YMCA 812.00 AP - 00279557 2/25/2009 RANCHO CUCAMONGA FAMILY YMCA 2,466.00 AP - 00279558 2/25/2009 RANCHO CUCAMONGA FONTANA FAMILY YM 10,974.07 AP - 00279559 2/25/2009 RANDOM HOUSE INC 138.95 P57 User: VLOPEZ -Veronica Lopez Page: 10 Current Date: 03/12/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 07:27:4 CITY OF RANCHO CUCAMONGA P58 Agenda Check Reeister 2/25/2009 through 3/10/2009 Check No. Check Dale Vendor Name ~ Amount AP - 00279559 2/2S/2009 RANDOM HOUSE INC 43.20 AP - 00279559 2/2S/2009 RANDOM HOUSE INC 87.12 AP - 00279559 2/2S/2009 RANDOM HOUSE INC 139.76 AP - 00279560 2/2S/2009 RC POLICE DEPARTMENT 2,500.00 AP - 00279560 2/2S/2009 RC POLICE DEPARTMENT 2,455.70 AP - 00279561 2/2S/2009 RCPFA 8,613.59 AP - 00279563 2/25/2009 RIVAS, PAT 412.00 AP - 00279564 2/2S/2009 RIVERA, GEORGE 495.60 AP - 00279564 2/25/2009 RIVERA, GEORGE 991.20 AP - 00279564 2/2S/2009 RIVERA, GEORGE 991.20 AP - 00279565 2/2S/2009 RJM DESIGN GROUP INC 6,159.50 AP - 00279S6S 2/25/2009 RIM DESIGN GROUP INC 39,670.78 AP - 00279566 2/2S/2009 RUDY'S SIGN GRAPHICS 117.45 AP - 00279567 2/25/2009 S AND E SANDBLASTING 2,500.00 AP - 00279568 2/2S/2009 SAFELITE FULFILLMENT INC 198.59 AP - 00279569 2/25/2009 SAN BERNARDINO COUNTY AUDITOR CONTR( 1,120.00 AP - 00279570 2/25/2009 SAN BERNARDINO COUNTY 50.00 AP - 00279571 2/2S/2009 SAN BERNARDINO, CITY OF 600.00 AP - 00279573 2/25/2009 SCMAF INLAND VALLEYS 198.00 AP - 00279573 2/2S/2009 SCMAF INLAND VALLEYS 1,812.00 AP - 00279574 2/2S/2009 SENECHAL, CALVIN 110.40 AP - 00279574 2/2S/2009 SENECHAL, CALVIN 32.00 AP - 00279574 2/25/2009 SENECHAL, CALVIN 78.00 AP - 00279574 2/2S/2009 SENECHAL, CALVIN 160.80 AP - 00279574 2/25/2009 SENECHAL, CALVIN 96.60 AP - 00279574 2/2S/2009 SENECHAL, CALVIN 93.60 AP - 00279574 2/25/2009 SENECHAL, CALVIN 18.00 AP - 00279574 2/2S/2009 SENECHAL, CALVIN 117.00 AP - 00279574 2/2S/2009 SENECHAL, CALVIN 108.00 AP - 00279574 2/25/2009 SENECHAL, CALVIN 115.20 AP - 00279574 2/2S/2009 SENECHAL, CALVIN 28.00 AP - 00279574 2/2S/2009 SENECHAL, CALVIN 46.00 AP - 00279574 2/2S/2009 SENECHAL, CALVIN 23.00 AP - 00279575 2/25/2009 SHOWCASES 255.31 AP - 00279578 2/25/2009 SOUNDS PLUS INC 192.36 AP - 00279578 2/25/2009 SOUNDS PLUS INC 192.36 AP - 00279578 2/25/2009 SOUNDS PLUS INC 192.36 AP - 00279578 2/25/2009 SOUNDS PLUS INC 192.36 AP - 00279578 2/25/2009 SOUNDS PLUS INC .192.36 AP - 00279578 2/2S/2009 SOUNDS PLUS INC 192.36 AP - 00279578 2/2S/2009 SOUNDS PLUS INC 192.36 AP - 00279578 2/2S(2009 SOUNDS PLUS INC 192.36 AP - 00279578 2/2S/2009 SOUNDS PLUS INC 192.36 AP - 00279578 2/2S/2009 SOUNDS PLUS INC 192.36 AP - 00279578 2/2S/2009 SOUNDS PLUS INC 192.36 AP - 00279578 2/25/2009 SOUNDS PLUS INC 192.36 AP - 00279578 2/2S/2009 SOUNDS PLUS INC 192.36 AP - 00279581 2/2S/2009 SOUTHERN CALIFORNIA EDISON 22.83 AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON 16.39 AP - 00279581 2/2S/2009 SOUTHERN CALIFORNIA EDISON 16.39 AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON 16.39 AP - 00279581 2/2S/2009 SOUTHERN CALIFORNIA EDISON 17.26 AP - 00279581 2/2S/2009 SOUTHERN CALIFORNIA EDISON 22.83 AP - 00279581 2/2S/2009 SOUTHERN CALIFORNIA EDISON 44.66 User: VLOPEZ -Veronica Lopez Page: 1 I Current Date: 03/12/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pornait Layout Time: 07:27:4 CITY O&RANCHO CUCAMONGA Asenda ChecK Resister 2/25/2009 through 3/10/2009 Check No. Check Date Vendor Name AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON User: VLOPEZ -Veron ica Lopez Page: 12 Report: CK_AGENDA_REG_PORTRAI T_RC - CK: Agenda Check Register Portrait Layout P59 Amount 4,149.17 1,319.68 16.95 61.23 40.84 109.64 16.54 16.39 18.08 68.35 74.39 1'7.12 60.59 100.14 92.34 115.08 16.39 82.06 57.51 68.94 66.02 16.81 53.65 54.01 16.39 16.66 23.79 114.81 170.10 51.74 52.69 17.96 16.39 16.39 9.27 238.46 16.69 21.75 17.12 16.96 105.26 63.65 16:66 16.96 93.30 119.90 16.39 16.39 16.39 24.64 22.62 18.26 73.80 34.79 Current Date: 03/12/200 Time: 0727:4 CITY OF RANCHO CUCAMONGA Aeenda Check Re>?ister 2/25/2009 through 3/10/2009 Check No. Check Date Vendor Name Amount AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON 16.39 AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON 16.54 AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON 16.39 AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON 16.39 AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON 113.22 AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON 34.48 AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON 34.48 AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON 16.39 AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON 79.13 AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON 16.39 AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON 19.57 AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON 16.39 AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON 16.39 AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON 5872 AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON 16.39 AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON 32.19 AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON 13.57 AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON 36.66 AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON 254.56 AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON 309.05 AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON 85.09 AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON 16.39 AP - 00279581 2/25/2009 SOUTHERN. CALIFORNIA EDISON 16.39 AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON 16.39 AP - 00279581 2/25/2009 SOUTHERN CALIFORNIA EDISON 76.97 AP - 00279582 2/25/2009 SOUTHERN CALIFORNIA EDISON 30,244.26 AP - 00279583 2/25/2009 SOUTHERN CALIFORNIA EDISON 6,445.69 AP - 00279583 2/25/2009 SOUTHERN CALIFORNIA EDISON 10,000.00 AP - 00279584 2/25/2009 SOUTHERN CALIFORNIA EDISON 7,502.51 AP - 00279585 2/25/2009 SOUTHERN CALIFORNIA RISK MANAGEMENT . 10,412.50 AP - 00279586 2/25/2009 SOUTHLAND SPORTS OFFICIALS 1,012.00 AP - 00279587 2/25/2009 SPOONFACTORY 243.75 AP - 00279587 2/25/2009 SPOONFACTORY 243.75 AP - 00279587 2/25/2009 SPOONFACTORY 243.75 AP - 00279587 '2/25/2009 SPOONFACTORY 175.00 AP - 00279587 2/25/2009 SPOONFACTORY 105.00 AP - 00279587 2/25/2009 SPOONFACTORY 243.75 AP - 00279588 2/25/2009 "SPORTS ILLUSTRATED 94.64 AP - 00279589 2/25/2009 STEELWORKERS OLDTIMERS FOUNDATION 493.60 AP-00279590 2/25/2009 STEEVE,WILMA 100.57 AP - 00279591 2/25/2009 STERLING COFFEE SERVICE .41.30 AP - 00279591 2/25/2009 STERLING COFFEE SERVICE 322.65 AP - 00279591 2/25/2009 STERLING COFFEE SERVICE 59.60 AP - 00279591 2/25/2009 STERLING COFFEE SERVICE 94.95 AP - 00279591 2/25/2009 STERLING COFFEE SERVICE 211.47 AP - 00279592 2/25/2009 STITCHWEAR INC 709.03 AP - 00279595 2/25/2009 TANNER RECOGNITION COMPANY, O C 2,622.21 AP - 00279596 2/25/2009 THEATRICAL LIGHTING & SCENIC SERVICES L 47.33 AP - 00279597 2/25/2009 TheEGroup 450.00 AP - 00279598 2/25/2009 TRUGREEN LANDCARE 15,332.16 AP - 00279599 2/25/2009 TURCH AND ASSOCIATES, DAVID 4,000.00 AP - 00279601 2/25/2009 TW TELECOM 4,012.26 AP - 00279602 2/25/2009 UNION BANK OF CALIFORNIA TRUSTEE FOR P, 270.85 AP - 00279602 2/25/2009 UNION BANK OF CALIFORNIA TRUSTEE FOR P, 3,114.69 P60 User: VLOPEZ -Veronica Lopez Page: 13 Current Date: 03/12/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 07:27:4 CITY OF RANCHO CUCAMONGA pg7 Agenda Check Resister 2/25/2009 through 3/10/2009 Check No. Check Date Vendor Name Amount AP - 00279603 2/25/2009 UNION BANK OF CALIFORNIA TRUSTEE FOR P, 50,216.46 AP - 00279604 2/25/2009 UNITED PACIFIC SERVICES INC 19,137.00 AP - 00279605 2/25/2009 UNITED WAY 11.00 AP - 00279606 2/25/2009 V T ELECTRIC INC 22,563.84 AP - 00279606 2/25/2009 V T ELECTRIC INC -2,256.38 AP - 00279607 2/25/2009 VALLEY CREST TREE COMPANY 1,002.47 AP - 00279607 2/25/2009 VALLEY CREST TREE COMPANY 700.00 AP - 00279608 2/25/2009 VASQUEZ, LESLIE 204.00 AP - 00279608 2/25/2009 VASQUEZ, LESLIE 204.00 AP - 00279609 2/25/2009 VEND U COMPANY 114.19 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 0.00 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 46.78 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 39.73 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 73.70 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 62.70 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 99.84 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 44.12 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 37.81 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 37.71 . AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 64.02 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 49.09 AP - 00279614 2/25/2009 VERIZON WIRELESS. - LA 20.06 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 37.71 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA -10.97 AP - 00279614 2/25/2009 VERIZON WIl2ELESS - LA 37.71 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 37.71 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA -10.97 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 40.79 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 72.45 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 44.76 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 37.71 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 37.71 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 37.71 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 37.71 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 37.91 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA ~ 37.71 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 46.09 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 9.24 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 46.09 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 37.71 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 46.09 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 63.61 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 43.66 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 40.79 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 42.09 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 40.79 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 43.79 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 48.08 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 40.79 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 42.34 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 48.07. AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 42.09 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 41.04 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 50.78 User: VLOPEZ -Veronica Lopez Page: 14 Current Date: 03/12/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 07:27:4 CITY OF RANCHO CUCAMONGA Agenda Check Register 2/25/2009 through 3/10/2009 Check No. Check Date Vendor Name Amount AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 44.72 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 55.16 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 40.79 AE - 00279614 2/25/2009 VERIZON WIRELESS - LA 40.79 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 60.78 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 39.98 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 37.71 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 37,71 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 38.55 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 50.41 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 37.71 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 37.75 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 37,gg AP - 00279614 2/25/2009 VERIZON WIRELESS - LA ~ 50.41 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 3.16 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 37.71 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 62,7q AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 40.99 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 50.41 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 37.71 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 37.71 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 37,71 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 62.70 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 50.41 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 50.41 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 3930 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 62.70 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA g6,7g AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 37,71 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 39.73 AP - 00279614 2/25/2009 VERIZON WIRELESS - 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LA 2.09 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 62.70 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 19.94 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 31.69 P62 User: VLOPEZ -Veronica Lopez Page: 15 Current Date: 03/12/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 07:27:4 CITY OF RANCHO CUCAMONGA P63 Agenda Check Resister 2/25/2009 through 3/10/2009 Check No. Check Date Vendor Name Amount AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 37.71 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 31.71 AP - 002796]4 2/25/2009 VERIZON WIRELESS - LA 31.69 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 37.71 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 31.69 AP - 00279614. 2/25/2009 VERIZON WIRELESS - LA 37.71 AP - 002796 ] 4 2/25/2009 VERIZON WIRELESS - LA 37.71 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 42.84 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 31.71 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 39.73 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 34.77 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 31.77 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 42.55 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA -0.49 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 62.70 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 38.99 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 37.71 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 3.16 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 1.93 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 37.71 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA -10.97 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 73.82 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 43.70 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 3.16 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 37.71 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 62.94 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 50.41 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 50.41 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 15.30 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 37.71 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA j.l 1 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 37.71 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 37.71 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 37.71 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 37.71 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 38.72 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 3.16 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 16.87 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 32.46 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 3.16 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 42.70 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 37.71 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA =6.54 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 37.71 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 47.97 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 31.69 AP - 002796]4 2/25/2009 VERIZON WIRELESS - LA 37.71 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 43.09 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 1.66 AP - 00279614 2/25/2009 VERIZON WIRELESS - 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AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 50.41 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 62.70 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 1.93 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA -6.94 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 62.70 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 31.69 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 40.33 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 62.70 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 62.70 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 50.41 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 37.71 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 41.64 AP - 00279614 2/25/2009 . VERIZON WIRELESS - LA 31.69 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 42.99 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA ~ 31.81 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA -16.28 AP - 00279614 2/25/2009 VERIZON WIRELESS - LA 46.11 AP - 00279616 2/25/2009 VERIZON 88.08 AP - 00279616 2/25/2009 VERIZON 78.74 AP - 00279616 2/25/2009 VERIZON 580.10 AP - 00279616 2/25/2009 VERIZON 471.94 AP - 00279616 2/25/2009 VERIZON 33.73 AP = 00279616 2/25/2009 VERIZON 127.31 AP - 00279616 2/25/2009 VERIZON 34.81 AP-00279616 2/25/2009 VERIZON 1'10.81 AP - 00279616 2/25/2009 VERIZON 36.66 AP - 00279616 2/25/2009 VERIZON 64.53 AP - 00279616 2/25/2009 VERIZON 41.43 AP - 00279616 2/25/2009 VERIZON 34.56 AP - 00279616 2/25/2009 VERIZON 33.73 AP - 00279616 2/25/2009 VERIZON 104.47 AP - 00279616 2/25/2009 VERIZON 16.41 AP - 00279616 2/25/2009 VERIZON 33.73 AP - 00279616 2/25/2009 VERIZON 34.81 AP - 00279616 2/25/2009 VERIZON 32.84 AP - 00279616 2/25/2009 VERIZON 87.80 AP - 00279616 2/25/2009 VERIZON 21.55 AP - 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00279616 2/25/2009 VERIZON 33.73 AP - 00279616 2/25/2009 VERIZON 87.80 AP - 00279616 2/25/2009 VERIZON 87.80 AP - 00279616 2/25/2009 VERIZON 8780 AP - 00279616 2/25/2009 VERIZON 33.73 AP - 00279616 2/25/2009 VERIZON 18.23 AP - 00279616 2/25/2009 VERIZON 45.51 AP- 00279616 2/25/2009 VERIZON 45.51 AP - 00279616 2/25/2009 VERIZON 33.73 AP - 00279616 2/25/2009 VERIZON 134.97 AP - 00279616 2/25/2009 VERIZON 104.47 AP - 00279616 2/25/2009 VERIZON 162.22 AP - 00279616 2/25/2009 VERIZON 67.48 AP - 00279616 2/25/2009 VERIZON 34.81 AP - 00279616 2/25/2009 VERIZON 653.83 AP - 00279617 2/25/2009 VIDEZ, EVA 250.00 AP - 00279618 2/25/2009 VISION SERVICE PLAN CA 10,253.28 AP - 00279619 2/25/2009 VOSS, STEPHANIE 57.33 AP - 00279620 2/25/2009 WALTERS WHOLESALE ELECTRIC CO 114.09 AP - 00279620 2/25/2009 WALTERS WHOLESALE ELECTRIC CO 163.57 AP - 00279620 2/25/2009 WALTERS WHOLESALE ELECTRIC CO 345.78 AP - 00279620 2/25/2009 WALTERS WHOLESALE ELECTRIC CO 216.80 AP - 00279620 2/25/2009 WALTERS WHOLESALE ELECTRIC CO 91.70 AP - 00279620 2/25/2009 WALTERS WHOLESALE ELECTRIC CO 343.76 AP - 00279620 2/25/2009 WALTERS WHOLESALE ELECTRIC CO 151.31 AP - 00279620 2/25/2009 WALTERS WHOLESALE ELECTRIC CO 2,469.08 AP - 00279620 2/25/2009 WALTERS WHOLESALE ELECTRIC CO 148.88 AP - 00279620 2/25/2009 WALTERS WHOLESALE ELECTRIC CO 52.96 AP - 00279620 2/25/2009 WALTERS WHOLESALE ELECTRIC CO 209.38 AP - 00279621 2/25/2009 WEST COVINA WHOLESALE 94.18 AP - 00279622 2/25/2009 YOUNG, CHRISTOPHER 110.00 AP - 00279623 2/25/2009 ZEE MEDICAL INC 576.07 AP - 00279624 2/25/2009 ZIRGES, ARLENE 276.00 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 43.76 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 34.77 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 36.07 AP - 0027963 t 2/26/2009 VERIZON WIRELESS - LA 31.71 AP - 0027963 ] 2/26/2009 VERIZON WIRELESS - LA 37.71 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 34.24 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 44.63 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 40.79 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 49.40 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 44.72 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 62.03 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 44.72 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 37.71 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 40.79 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 40.79 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 42.34 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 48.03 P65 User: VLOPEZ -Veronica Lopez Page: 18 Current Date: 03/12/200 Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 07:27:4 CITY OF RANCHO CUCAMONGA Aeenda Check Re>?ister 2/25/2009 through 3/10/2009 Check No. Check Date Vendor Name AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 .2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON W IRELESS - LA AP - 00279631 2/26/2009 VERIZON W IRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA AP - 00279631 2/26/2009 VERIZON WIRELESS - LA P66 Amount 44.17 38.13 40.76 36.83 38.13 39.03 36.83 36.83 42.07 42.85 36.83 37.71 36.83 38.13 47.55 36.83 ] 5.30 37.71 37.71 37.71 19.94 39.27 49.34 48.08 48.83 46.78 48.69 46.78 60.08 49.34 6.06 6.06 6.06 6.06 6.06 6.06 39.73 39.73 42.35 39.66 73.33 46.78 42.76 74.07 37.71 42.70 37.71 50.41 48.16 38.55 37.81 3.16 37.71 1.55 User: VLOPEZ -Veronica Lopez Page: 19 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Current Date: 03/12/200 Time: 07:27:4 CITY OF RANCHO CUCAMONGA Agenda Check Register 2/25/2009 through 3/10/2009 Check No. Check Date Vendor Name Amount AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 3.16 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 37.73 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 3.16 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 40.15 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 3.16 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 39.01 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 3.16 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 3.16 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 3.16 AP - 00279631 2/26/2009 VERIZON WB2ELESS - LA 31.69 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 3.16 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 3.16 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 39.03 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 3.16 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 3.16 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 3.16 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA -12.14 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 68.82 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 46.95 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 37.71 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 37.71 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA -10.97 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 37.71 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 31.69 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 62.66 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 38.0] AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 40.33 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 37.71 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 45.71 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 0.00 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 50.41 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 48.78 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 71.15 AP - 00279631 2/26/2009 VERIZON WIRELESS - LA 42.84 AP - 00279632 3/4/2009 A & I REPROGRAPHICS 141.37 AP - 00279632 3/4/2009 A & I REPROGRAPHICS 75.43 AP - 00279633 3/4/2009 AA EQUIPMENT RENTALS CO INC 188.56 AP - 00279633 3/4/2009 AA EQUIPMENT RENTALS CO INC 124.51 AP - 00279634 3/4/2009 ABC LOCKSMITHS 52.80 AP - 00279635 3/4/2009 ABUNDANT LIVING FAMILY CHURCH 100.00 AP - 00279638 3/4/2009 AGUILERA, ISAIAH 258.00 AP - 00279639 3/4/2009 ALLIANCE RESOURCE CONSULTING LLC 4,500.00 AP - 00279640 3/4/2009 ALOHA BATTERIES 2,135.00 AP - 00279641 3/4/2009 ALPHAGRAPHICS 69.15 AP - 00279642 3/4/2009 AMERICAN ROTARY BROOM CO. INC. 379.17 AP - 00279642 3/4/2009 AMERICAN ROTARY BROOM CO. INC. 379.17 AP - 00279642 3/4/2009 AMERICAN ROTARY BROOM CO. INC. 511.36 AP - 00279643 3/4/2009 AMERICAN SPIRIT PRINTING 267.24 AP - 00279644 3/4/2009 ANN TAYLOR LOFT #1390 75.00 AP - 00279645 3/4/2009 ANSWER WOOD PRODUCTS 942.31 AP - 00279646 3/4/2009 ARAMARK UNIFORM SERVICES 10.05 AP - 00279646 3/4/2009 ARAMARK UNIFORM SERVICES 10.05 AP - 00279646 3/4/2009 ARAMARK UNIFORM SERVICES 6.70 AP - 00279646 3/4/2009 ARAMARK UNIFORM SERVICES 6.70 P67 User: VLOPEZ -Veronica Lopez Page: 20 Current Date: 03/12/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 07:27:4 CITY OF RANCHO CUCAMONGA P68 Agenda Check Register 2/25/2009 through 3/10/2009 Check No. Check Date Vendor Name Amount AP - 00279646 3/4/2009 ARAMARK UNIFORM SERVICES 29.33 AP - 00279646 3/4/2009 ARAMARK UNIFORM SERVICES 6.70 AP - 00279647 3/4/2009 ARANA, JONATHAN 100.00 AP - 00279648 3/4/2009 AUFBAU CORPORATION 13,680.00 AP - 00279649 3/4/2009 AUTO SPECIALISTS 85.89 AP - 00279650 3/4/2009 B AND K ELECTRIC WHOLESAL E 198.78 AP - 00279651 3/4/2009 BANC OF AMERICA LEASING 1,295.68 AP - 00279652 3/4/2009 BEST BEST AND KRIEGER 1,282.50 AP - 00279653 3/4/2009 BLINDS ETC. 12.54 AP - 00279654 3/4/2009 BOY SCOUTS TROOP 699- 80.00 AP - 00279655 3/4/2009 BRIONES, MICHAEL 770.00 AP - 00279656 3/4/2009 CALIFORNIA BOARD OF EQUAL IZATION, STAT 2,946.00 AP - 00279657 3/4/2009 CALIFORNIA FRANCHISE TAX BOARD 160.29 AP - 00279658 3/4/2009 CALIFORNIA FRANCHISE TAX BOARD 207.73 AP - 00279659 3/4/2009 CALIFORNIA STATE BOARD OF EQUALIZATIOP 191.00 AP - 00279660 3/4/2009 CARDENAS, TAKAKO 770.00 AP - 00279661 3/4/2009 CARROW'S RESTAURANT 165.10 AP - 00279662 3/4/2009 CENTNNI, RON 500.00 AP - 00279663 3/4/2009 CENTRAL SCHOOL DISTRICT 7,318.00 AP - 00279665 3/4/2009 CHAMPION AWARDS AND SPECIALTIES 45.26 AP - 00279666 3/4/2009 COHEN M.D.INC, HARVEY D 37.62 AP - 00279667 3/4/2009 COLE, CHERI 770.00 AP - 00279669 3/4/2009 CONCEPT POWDER COATING 1,000.00 AP - 00279670 3/4/2009 CONSOLIDATED ELECTRICAL DISTRIBUTORS 1 78.66 AP - 00279672 3/4/2009 CONTINENTAL AMERICAN INSURANCE COMPS 154.80 AP - 00279673 3/4/2009 COOLEY, WESTER 200.00 AP - 00279674 3/4/2009 COSCO FIRE PROTECTION 3,580.00 AP - 00279675 3/4/2009 CRAFCO INC 1,086.30 AP - 00279676 3/4/2009 CRYSTAL CLEAR IMAGES INC. 100.00 AP - 00279677 3/4/2009 CUCAMONGA MUSIC CO. 150.00 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 46.16 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 148.05 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 151.97 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 139.59 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 76.88 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 273.54 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 81.47 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 77.24 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 434.28 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 776.60 AP - 00279683 3/4/2009 ' CUCAMONGA VALLEY WATER DISTRICT 662.70 . AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 366.29 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 947.28 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 84.00 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 789.60 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 910.19 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 98.03 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 30.65 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 579.51 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 1,796.34 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 109.98 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 37].64 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 406.08 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 284.82 User: VLOPEZ-Veronica Lopez Page: 21 Current Date: 03/12/200 Report:CK_AGENDA_REG_ PORTRAIT _RC - CK: Agenda Check Register Pomait Layout Time: 07:27:4 CITY OF RANCHO CUCAMONGA Agenda Check Resister 2/25/2009 through 3/10/2009 Check Nn. Check Date Vendor Name ~ Amount AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 102.62 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 194.58 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 43.04 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 101.21 AP - 00279683. 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 360.96 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 105.44 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 304.56 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 95.57 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 390.26 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 74.06 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 129.72 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 182.99 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 73.60 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 83.93 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 40.22 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 61.37 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 43.04 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 47.27 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 38.81 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 148.05 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 101.21 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 68.39 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 104.34 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 104.34 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 44.45 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 71.54 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 96.98 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 236.88 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 201.32 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 84.29 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 96.98 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 118.44 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 208.68 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 129.41 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 142.41 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 102.62 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 370.83 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 266.49 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 208.68 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 157.25 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 124.08 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 387.44 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 428.64 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 1,084.61 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 95.57 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 1,053.27 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 135.36 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 117.03 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 173,12 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 135.05 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 191:45 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 160.43 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 133.64 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 466.04 P69 User: VLOPEZ -Veronica Lopez Page: 22 Current Date: 03/12/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 07:27:4 CITY OF RANCHO CUCAMONGA P70 Agenda Check Resister 2/25/2009 through 3/10/2009 Check No. Check Date Vendor Name Amount AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 1,327.55 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 117.03 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 423.00 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 226.34 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 261.59 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 355.01 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 110.72 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 215.73 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 236.88 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 307.38 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 396.21 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 434.28 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 229.83 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 413.13 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 386.34 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 470.94 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 69.83 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 702.18 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 215.42 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 550.64 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 423.00 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 441.33 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 468.12 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 493.50 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 504.78 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 109.67 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 669.75 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 47.27 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 135.36 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 137.87 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 55.73 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 119.85 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 38.81 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 91.34 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 123.77 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 115.31 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 80.06 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 186.12 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 91.34 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 95.57 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 37.40 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 41.63 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 163.56 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 68.42 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 45.86 AP - 00279683 3/4/2009 CUCAMONGA VALLEY. WATER DISTRICT 55.73 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 68.38 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 155.10 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 155.10 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 139.59 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 69.90 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 351.41 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 645.61 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 73.60 User: VLOPEZ -Veronica Lopez Page:. 23 Current Date: 03/12/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 07:27:4 CITY OF RANCHO CUCAMONGA P71 Agenda Check Register 2/28/2009 through 3/10/2009 Check No. Check Date Vendor Name Amount AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 73.60 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 120.95 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 205.55 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT SS.70 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 61.37 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 65.67 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 5,947.38 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 145.23 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 74.42 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 115.38 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 44.45 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 105.44 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 54.32 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 104.03 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 942.20 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 329.94 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 851.64 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 1,115.31 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 1,151.59 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 878.99 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 363.78 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 432.87 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 459.35 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 874.52 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 339.81 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 118.44 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 149.46 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 225.29 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 72.65 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT S 1.50 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT SS.73 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 170.30_ AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 253.49 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 136.77 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 98.39 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 179.07 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 131.13 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 153.69 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 156.51 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 274.95 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 184.40 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 16638 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 91.34 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 256.62 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 136.46 AP - 00279683 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 152.28 AP - 00279684 3/4/2009 CUCAMONGA VALLEY WATER DISTRICT 390.00 AP - 00279685 3/4/2009 D AND K CONCRETE COMPANY 358.27 AP - 00279685 3/4/2009 D AND K CONCRETE COMPANY 532.83 AP - 00279685 3/4/2009 D AND K CONCRETE COMPANY 355.58 AP - 00279685 3/4/2009 D AND K CONCRETE COMPANY 396.52 AP - 00279686 3/4/2009 DAISY WHEEL RIBBON CO INC 153.20 AP - 00279686 3/4/2009 DAISY WHEEL RIBBON CO INC 153.20 AP - 00279688 3/4/2009 DAPPER TIRE CO 309.65 User: VLOPEZ -Veronica Lopez Page: 24 Current Date: 03/12/200 Report: CK_AGENDA_ REG_PORTRAI T_RC - CK: Agenda Check Register Pomait Layou[ Time: 07:27:4 CITY OF RANCHO CUCAMONGA P72 Agenda Check Resister 2/25/2009 through 3/10/2009 Check No. Check Date Vendor Name Amount AP - 00279690 3/4/2009 DELTA MICROIMAGING INC 1,601.75 AP - 00279691 3/4/2009 DENTAL HEALTH SERVICES 133.20 AP - 00279692 3/4/2009 DIAMOND ENVIRONMENTAL SERVICES 195.19 AP - 00279693 3/4/2009 DOUBLE BARREL ENVIRONMENTAL SERVICES 2,108.40 AP - 00279693 3/4/2009 DOUBLE BARREL ENVIRONMENTAL SERVICES 5;882.80 AP - 00279694 3/4/2009 DPSI CORPORATE 3,984.00 AP - 00279695 3/4/2009 DREAMSHAPERS 475.00 AP - 00279696 3/4/2009 DUNK EDWARDS CORPORATION 73.71 AP - 00279697 3/4/2009 ECONO FENCE COMPANY 716.00 AP - 00279698 3/4/2009 EDFUND 164.91 AP - 00279699 3/4/2009 ELECTRONICS WAREHOUSE 61.49 AP - 00279700 3/4/2009 ELLIS ENTERPRISES 1,000.00 AP - 00279701 3/4/2009 ELLIS, JAMES 100.00 AP - 00279702 3/4/2009 EMPLOYMENT DEVELOPMENT DEPT. 409.02 AP - 00279704 3/4/2009 EUROTECH IMPORTS 40.00 AP - 00279705 3/4/2009 EWING IRRIGATION PRODUCTS 60.59 AP - 00279705 3/4/2009 EWING IRRIGATION PRODUCTS 292.49 AP - 00279705 3/4/2009 EWING IRRIGATION PRODUCTS 125.97 AP - 00279705 3/4/2009 EWING IRRIGATION PRODUCTS 59.12 AP - 00279705 3/4/2009 EWING IRRIGATION PRODUCTS 311.18 AP - 00279705 3/4/2009 .EWING IRRIGATION PRODUCTS 386.26 AP - 00279706 3/4/2009 EXCLUSIVE EMAGES 38.80 AP - 00279707 3/4/2009 FASTENAL COMPANY 10.72 AP - 00279707 3/4/2009 FASTENAL COMPANY 7224 AP - 00279708 3/4/2009 FBC FAIRWAY VILLAGE 14,800.00 AP - 00279709 3/4/2009 FEDERAL EXPRESS CORP 20.24 AP - 00279709 3/4/2009 FEDERAL EXPRESS CORP 19.35 AP - 00279709 3/4/2009 FEDERAL EXPRESS CORP 14.66 AP - 00279709 3/4/2009 FEDERAL EXPRESS CORP 25.99 AP - 00279709 3/4/2009 FEDERAL EXPRESS CORP 25.99 AP - 00279709 3/4/2009 FEDERAL EXPRESS CORP 18.90 AP - 00279709 3/4/2009 FEDERAL EXPRESS CORP 20.86 AP - 00279710 3/4/2009 FLAG SYSTEMS INC. 2,000.00 AP - 00279711 3/4/2009 FLEET SERVICES INC. 16.52 AP - 00279711 3/4/2009 FLEET SERVICES INC. 33.98 AP - 00279711 3/4/2009 FLEET SERVICES INC: 1844 AP - 00279712 3/4/2009 FLOWERS, VIL 100.00 AP - 00279713 3/4/2009 FORD OF UPLAND INC 573.79 AP - 00279713 3/4/2009 FORD OF UPLAND INC 99.52 AP - 00279713 3/4/2009 FORD OF UPLAND INC 104.25 AP - 00279714 3/4/2009 FRANZ, SEAN 770.00 AP - 00279715 3/4/2009 FREETH, VERONICA 100.00 AP - 00279716 3/4/2009 FURUKEN, GAVIN 770.00 AP - 00279717 3/4/2009 GARCIA, ALBERT 770.00 AP - 00279718 3/4/2009 GENERATOR SERVICES CO 5,979.29 AP - 00279719 3/4/2009 GENTRY, DONALD A 2,242.50 AP - 00279720 3/4/2009 GETTINGER, AMANDA 100.00 AP - 00279721 3/4/2009 GORDON, PAUL 100.00 AP - 00279722 3/4/2009 GRADY, MERRILL 800.00 AP - 00279723 3/4/2009 GRAFFITI TRACKER INC 2,500.00 AP - 00279724 3/4/2009 GRAHAM, KENDRA 100.00 AP - 00279725 3/4/2009 GRAINGER 259.07 AP - 00279725 3/4/2009 GRAINGER 67.24 AP - 00279725 3/4/2009 GRAINGER 22.52 User: VLOPEZ -Veronica Lopez Page: 25 Current Date: 03/12/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 07:27:4 CITY OF RANCHO CUCAMONGA P7g Aeenda Check Resister 2/25/2009 through 3/10/2009 Check No. Check Date Vendor Name Amount AP - 00279725 3/4/2009 GRAINGER 185.85 AP - 00279725 3/4/2009 GRAINGER 5.93 AP - 00279725 3/4/2009 GRAINGER 37.56 AP - 00279725 3/4/2009 GRAINGER 12.61 AP - 00279725 3/4/2009 GRAINGER 12.61 AP - 00279725 3/4/2009 GRAINGER 23.95 AP - 00279725 3/4/2009 GRAINGER 163.89 AP - 00279725 3/4/2009 GRAINGER 61.20 AP - 00279725 3/4/2009 .GRAINGER 212.38 AP - 00279725 3/4/2009 GRAINGER -210.64 AP - 00279725 3/4/2009 GRAINGER 251.55 AP-00279725 3/4/2009 GRAINGER 98.]4 AP - 00279725 3/4/2009 GRAINGER 53.68 AP - 00279725 3/4/2009 GRAINGER 53.68 AP - 00279726 3/4/2009 GRANT III, VINCENT 180.00 AP - 00279727 3/4/2009 GREEN ROCK POWER EQUIPMENT 74.78 AP - 00279727 3/4/2009 GREEN ROCK POWER EQUIPMENT 146.31 AP - 00279728 3/4/2009 GUARDIAN 3,564.63 AP - 00279729 3/4/2009 HAINES, BRENDA 100.00 AP - 00279730 3/4/2009 HARTMANN, JAMIE 300.00 AP - 00279731 3/4/2009 HAWKINS, JONATHAN 300.00 AP - 00279732 3/4/2009 HCS CUTLER STEEL CO 209.51 AP - 00279732 3/4/2009 HCS CUTLER STEEL CO 156.31 AP - 00279732 3/4/2009 HCS CUTLER STEEL CO 47.21 AP - 00279733 3/4/2009 HEARTSAVERS LLC 120.00 AP - 00279733 3/4/2009 HEARTSAVERS LLC 220.00 AP = 00279734 3/4/2009 HENDERSON, KELSEY RAE 100.00 AP - 00279735 3/4/2009 HEYDON, MELAYA HOYT- 3,000.00 AP - 00279736 3/4/2009 HIRED GUN EXTERMINATING INC 180.00 AP - 00279737 3/4/2009 HODGES, CASSANDRA 1,000.00 AP - 00279738 3/4/2009 HOGAN, JULIA 31.78 AP - 00279739 3/4/2009 HOLLIDAY ROCK CO INC 404.34 AP - 00279739 3/4/2009 HOLLIDAY ROCK CO INC 100.00 AP - 00279739 3/4/2009 HOLLIDAY ROCK CO INC 83.78 AP - 00279739 3/4/2009 HOLLIDAY ROCK CO INC 1,353.61 AP - 00279739 3/4/2009 HOLLIDAY ROCK CO INC 50.00 AP - 00279739 3/4/2009 HOLLIDAY ROCK CO INC 164.58 AP - 00279739 3/4/2009 HOLLIDAY ROCK CO INC 50.00 AP - 00279739 3/4/2009 HOLLIDAY ROCK CO INC 772.58 AP - 00279739 3/4/2009 HOLLIDAY ROCK CO INC 609.06 AP - 00279739 3/4/2009 HOLLIDAY ROCK CO INC 91.86 AP - 00279739 3/4/2009 HOLLIDAY ROCK CO INC 50.00 AP - 00279739 3/4/2009 HOLLIDAY ROCK CO INC 1,197.65 AP - 00279739 3/4/2009 HOLLIDAY ROCK CO INC 100.00 AP - 00279739 3/4/2009 HOLLIDAY ROCK CO INC 245.40 AP - 00279739 3/4/2009 HOLLIDAY ROCK CO INC 50.00 AP - 00279739 3/4/2009 HOLLIDAY ROCK CO INC 610.67 AP - 00279739 3/4/2009 HOLLIDAY ROCK CO INC 50.00 AP - 00279739 3/4/2009 HOLLIDAY ROCK CO INC 704.96 AP - 00279739 3/4/2009 HOLLIDAY ROCK CO INC 612.29 AP - 00279740 3/4/2009 HOME DEPOT CREDIT SERVICES 138.70 AP - 00279742 3/4/2009 HUB CONSTRUCTION SPECIALTIES 2,596.00 AP - 00279742 3/4/2009 HUB CONSTRUCTION SPECIALTIES ]26.84 AP - 00279743 3/4/2009 HUDSON, RITA 206.00 User: VLOPEZ -Veronica Lopez Page: 2G Current Date: 03/12/200 Report:CK_AGENDA_R EG_PORTRAI T_RC - CK: Agenda Check Register Portrait Layout Time:. 07:27:4 CITY OF RANCHO CUCAMONGA Aeenda Check Resister 2/28/2009 through 3/10/2009 Check No. Check Date Vendor Name Amount AP - 00279744 3/4/2009 HUGHES, STEPHEN 77p.pp AP - 00279745 3/4/2009 HYDROSCAPE PRODUCTS INC -0.01 AP - 00279745 3/4/2009 HYDROSCAPE PRODUCTS INC 49.10 AP - 00279745 3/4/2009 HYDROSCAPE PRODUCTS INC 26.66 AP - 00279745 3/4/2009 HYDROSCAPE'PRODUCTS INC 28.09 AP - 00279745 3/4/2009 HYDROSCAPE PRODUCTS INC 56.53 AP - 00279745 3/4/2009 HYDROSCAPE PRODUCTS INC ~ 64.81 AP - 00279745 3/4/2009 HYDROSCAPE PRODUCTS INC 56.59 AP - 00279745 3/4/2009 HYDROSCAPE PRODUCTS INC 76.39 AP - 00279746 3/4/2009 ICLEI USA MEMBERSHIP 1,750.00 AP - 00279747 3/4/2009 IMPRESSIONS GOURMET CATERING 1,026.32 AP - 00279749 3/4/2009 INTERWEST CONSULTING GROUP INC 6,722.20 AP - 00279749 3/4/2009 INTERWEST CONSULTING GROUP INC 117.80 AP - 00279750 3/4/2009 INTRAVAIA ROCK AND SAND INC 118.53 AP - 00279750 3/4/2009 INTRAVAIA ROCK AND SAND INC 355.58 AP - 00279751 3/4/2009 J D C INC 17,901.73 AP - 00279752 3/4/2009 JAMES, JASON 100.00 AP - 00279753 3/4/2009 JASOO, VALERIE K 175.00 AP - 00279754 3/4/2009 JONES AND MAYER, LAW OFFICES OF 1,861.45 AP - 00279755 3/4/2009 K. HOVNANIAN @ RANCHO ETIWANDA 8,200.00 AP - 00279756 3/4/2009 KAUFMAN, HOPE 750.00 AP - 00279757 3/4/2009 KEHLER, PAUL 500.00 AP - 00279758 3/4/2009 KENT HARRIS TRUCKING & MATERIALS 872.83 AP - 00279758 3/4/2009 KENT HARRIS TRUCKING & MATERIALS 281.98 AP - 00279760 3/4/2009 KOA CORPORATION 3,750.00 AP - 00279761 3/4/2009 KONE INC 457.74 AP - 00279762 3/4/2009 KRINKE, GARY 2,500.00 AP - 00279763 3/4/2009 KRISTA, KELLY 800.00 AP - 00279764 3/4/2009 KURTZ, JAIME 100.00 AP - 00279765 3/4/2009 L S A ASSOCIATES INC 1,088.75 AP - 00279766 3/4/2009 LAB SAFETY SUPPLY INC 258.65 AP - 00279767 3/4/2009 LAKE HILL CONSULTANTS INC 906.58 AP - 00279768 3/4/2009 LALONDE, JOHN 750.00 AP - 00279769 3/4/2009 LAMBERT, REGAN 770.00 AP - 00279770 3/4/2009 LAMOUREAUX, DAVID 1,500.00 AP - 00279771 3/4/2009 LAMOUREUX, JULIE 770.00 AP - 00279772 3/4/2009 LANCE SOLL AND LUNGHARD 4,500.00 AP - 00279772 3/4/2009 LANCE SOLL AND LUNGHARD 750.00 AP - 00279773 3/4/2009 LAND FORMS LANDSCAPE CONSTRUCTION INt 1,748.00 AP - 00279773 3/4/2009 LAND FORMS LANDSCAPE CONSTRUCTION IN~ -174.80 AP - 00279774 3/4/2009 LEAGUE OF CALIFORNIA CITIES 45.00 AP - 00279775 3/4/2009 LESLIE, APRIL 770.00 AP - 00279777 3/4/2009 LIEBERT CASSIDY WHITMORE S 13.00 AP - 00279779 3/4/2009 LIMS AUTO INC' 319.21 AP - 00279779 3/4/2009 LIMS AUTO INC 517.85 AP - 00279779 3/4/2009 LIMS AUTO INC 142.16 AP - 00279779 3/4/2009 LIMS AUTO INC 38.12 AP - 00279779 3/4/2009 LIMS AUTO INC S1S.92 AP - 00279779 3/4/2009 LIMS AUTO INC 38.12 AP - 00279780 3/4/2009 LINA 17,513.04 AP - 00279780 3/4/2009 LIMA 17,706.70 AP - 00279781 3/4/2009 L[VESAY, JASON 770.00 AP - 00279782 3/4/2009 LIVESAY, NOLAN 770.00 AP - 00279783 3/4/2009 LONG BEACH SOCCER REFEREE ASSOC 273.00 P74 User: VLOPEZ -Veronica Lopez Page: 27 Current Date: 03/12/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 07:27:4 CITY OF RANCHO CUCAMONGA p75 Agenda Check Resister 2/25/2009 through 3/10/2009 Check No. Check Date Vendor Name Amount AP - 00279784 3/4/2009 COWMAN. PAT 14.00 AP - 00279785 3/4/2009 LUNA, MARIA 66.00 AP - 00279786 3/4/2009 MANCINO MANUFACTURING 1,035.00 AP - 00279787 3/4/2009 MARK CHRISTOPHER INC 166.88 AP - 00279788 3/4/2009 MCGARRY, CHERISE 11.55 AP - 00279789 3/4/2009 MCKINNEY, DUSTIN 770.00 AP - 00279790 3/4/2009 MCMASTER CARR SUPPLY COMPANY 166.68 AP - 00279790 3/4/2009 MCMASTER CARR SUPPLY COMPANY 113.97 AP - 00279791 3/4/2009 MITSUBISHI ELECTRIC & ELECTRONICS USA IT 515.07 AP - 00279792 3/4/2009 MONKS, NATHAN 175.00 AP - 00279794 3/4/2009 NBS 1,500.00 AP - 00279794 3/4/2009 NBS 1,500.00 AP - 00279795 3/4/2009 NESIN, ESTELLE 60.00 AP - 00279796 3/4/2009 NESTRA, JOEY 100.00 AP - 00279797 3/4/2009 NPI PRODUCTION SERVICES INC 22,000.00 AP - 00279798 3/4/2009 OCASSE-PDC 170.00 AP - 00279799 3/4/2009 OCCUPATIONAL HEALTH CENTERS OF CALIFO 406.50 AP - 00279799. 3/4/2009 OCCUPATIONAL HEALTH CENTERS OF CALIFO 193.63 AP - 00279799 3/4/2009 OCCUPATIONAL HEALTH CENTERS OF CALIFO 107.00 AP - 00279799 3/4/2009 OCCUPATIONAL HEALTH CENTERS OF CALIFO 107.00 AP - 00279799 3/4/2009 OCCUPATIONAL HEALTH CENTERS OF CALIFO 107.00 AP - 00279799 3/4/2009 OCCUPATIONAL HEALTH CENTERS OF CALIFO 107.00 AP - 00279799 3/4/2009 OCCUPATIONAL HEALTH CENTERS OF CALIFO 107.00 AP - 00279799 3/4/2009 OCCUPATIONAL HEALTH CENTERS OF CALIFO 107.00 AP - 00279799 3/4/2009 OCCUPATIONAL HEALTH CENTERS OF CALIFO 107.00 AP - 00279799 3/4/2009 OCCUPATIONAL HEALTH CENTERS OF CALIFO 372.02 AP - 00279799 3/4/2009 OCCUPATIONAL HEALTH CENTERS OF CALIFO 107.00 AP - 00279800 3/4/2009 OFFICE DEPOT 96.72 AP - 00279800 3/4/2009 OFFICE DEPOT 32.47 AP - 00279800 3/4/2009 OFFICE DEPOT 141.83 AP - 00279800 3/4/2009 OFFICE DEPOT 134.86 AP - 00279800 3/4/2009 OFFICE DEPOT 170.63 AP - 00279800 3/4/2009 OFFICE DEPOT 43.09 AP - 00279800 3/4/2009 OFFICE DEPOT 72.89 AP - 00279800 3/4/2009 OFFICE DEPOT 125.08 AP - 00279800 3/4/2009 OFFICE DEPOT 724.55 AP - 00279800 3/4/2009 OFFICE DEPOT 803.47 AP - 00279800 3/4/2009 OFFICE DEPOT 28.90 AP - 00279800 3/4/2009 OFFICE DEPOT 17.67 AP - 00279800 3/4/2009 OFFICE DEPOT 336.59 AP - 00279800 3/4/2009 OFFICE DEPOT 223.34 AP - 00279800 3/4/2009 OFFICE DEPOT 7.45 AP - 00279800 3/4/2009 OFFICE DEPOT 216.45 AP - 00279800 3/4/2009 OFFICE DEPOT 407.17 AP - 00279800 3/4/2009 OFFICE DEPOT 144.79 AP - 00279800 3/4/2009 OFFICE DEPOT 77.71 AP - 00279801 3/4/2009 OLIVIER, RUTUS 770.00 AP - 00279802 3/4/2009 PAGE; JONATHAN 100.00 AP - 00279803 3/4/2009 PAL CAMPAIGN 82.00 AP - 00279804 3/4/2009 PAPA JOHNS PIZZA 95.40 AP - 00279805 3/4/2009 PAPA JOHNS PIZZA 60.48 AP - 00279806 3/4/2009 PARAGON BUILDING PRODUCTS INC 191.81 AP - 00279807 3/4/2009 PATHFINDER ORGANIZATIONAL EFFECTIVENI 64.90 AP - 00279807 3/4/2009 PATHFINDER ORGANIZATIONAL EFFECTIVENI 2,867.50 User: VLOPEZ -Veronica Lopez Page: 28 Current Date: 03/12/200 Report: CK_AGENDA_R EG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 07:27:4 CITY OF RANCHO CUCAMONGA P76 Asenda Check Resister 2/25/2009 through 3/10/2009 Check No. Check Date Vendor Name Amount AP - 00279808 3/4/2009 PATTERSON, OLIVIA 100.00 AP - 00279810 3/4/2009 PEPES TOWING SERVICE 185.00 AP - 00279810 3/4/2009 PEPES TOWING SERVICE 185.00 AP - 00279810 3/4/2009 PEPES TOWING SERVICE 185.00 AP - 00279811 3/4/2009 PITASSI ARCHITECTS INC 12,065.69 AP - 00279812 3/4/2009 POMIERSKI, ROSELYN 206.00 AP - 00279813 3/4/2009 POPE, LISA 450.00 AP - 00279814 3/4/2009 POUK AND STEINLE INC. .40,001.90 AP - 00279815 3/4/2009 PRE-PAID LEGAL SERVICES INC 255.09 AP - 00279816 3/4/2009 PRINCIPAL LIFE 2,170.05 AP - 00279817 3/4/2009 PRO-PLANET INDUSTRIAL SUPPLY 951.52 AP - 00279818 3/4/2009 PROJECT SISTER 111.00 AP - 00279819 3/4/2009 PRUTSMAN, DEBBIE 750.00 AP - 00279820 3/4/2009 RATH, CHRISTOPHER 100.00 AP - 00279822 3/4/2009 RAY, RICK 2,000.00 AP - 00279823 3/4/2009 RBF CONSULTING 6,195.03 AP - 00279823 3/4/2009 RBF CONSULTING 7,010.01 AP - 00279824 3/4/2009 RBM LOCK AND KEY SERVICE 8.08 AP - 00279825 3/4/2009 RIPOLY, JOSIE 500.00 AP - 00279825 3/4/2009 RIPOLY, JOSIE 500.00 AP - 00279826 3/4/2009 RISING STARS 1,025.00 AP - 00279827 3/4/2009 RIVERA, GEORGE 495.60 AP - 00279827 3/4/2009 RIVERA, GEORGE 991.20 AP - 00279827 3/4/2009 RIVERA, GEORGE 991.20 AP - 00279828 3/4/2009 ROBERTSON, ISSAC JAMES 300.00 AP - 00279830 3/4/2009 RUBIO, RONDA 122.50 AP - 00279830 3/4/2009 RUBIO, RONDA 160.00 AP - 00279831 3/4/2009 SAFELITE FULFILLMENT INC 198.59 AP - 00279832 3/4/2009 SAFETY CENTER INC ' 221.64 AP - 00279833 3/4/2009 SALMAN, JONATHAN 3,600.00 AP - 00279834 3/4/2009 SAN ANTONIO MATERIALS 86.40 AP - 00279836 3/4/2009 SAN BERNARDINO COUNTY 50.00 AP - 00279837 3/4/2009 SBPEA 886.08 AP - 00279839 3/4/2009 SCMAF INLAND VALLEYS 25.00 AP - 00279840 3/4/2009 SCOTT, DIANA 375.00 AP - 00279841 3/4/2009 SEARS HOME IMPROVEMENT PRODUCTS INC 40.00 AP - 00279842 3/4/2009 SHEPARD, PRESTON 770:00 AP - 00279843 3/4/2009 SHERIFFS COURT SERVICES 65.00 AP - 00279844 3/4/2009 SHERIFFS COURT SERVICES 150.00 AP - 00279845 3/4/2009 SHERIFFS COURT SERVICES 167.86 AP - 00279846 3/4/2009 SHERIFFS COURT SERVICES 388.91 AP - 00279847 3/4/2009 SHERIFFS DEPT, SAN BERNARDINO COUNTY 69.00 AP - 00279848 3/4/2009 SHERIFFS DEPT, SAN BERNARDINO COUNTY 7,543.11 AP - 00279849 3/4/2009 SHERIFFS DEPT, SAN BERNARDINO COUNTY 110.00 AP - 00279850 3/4/2009 SHERIFFS DEPT, SAN BERNARDINO COUNTY 2,500.00 AP - 00279850 3/4/2009 SHERIFFS DEPT, SAN BERNARDINO COUNTY 2,455.70 AP - 00279851 3/4/2009 SIGN SHOP, THE 413.49 AP - 00279852 3/4/2009 STMPLOT PARTNERS 957.36 AP - 00279852 3/4/2009 SIMPLOT PARTNERS 5,947.00 AP - 00279852 3/4/2009 SIMPLOT PARTNERS 5,775.00 AP - 00279852 3/4/2009 SIMPLOT PARTNERS 733.90 AP - 00279853 3/4/2009 SIPHOMSAY, SID -350.00 AP - 00279853 3/4/2009 SIPHOMSAY, SID 113.30 AP - 00279853 3/4/2009 SIPHOMSAY, SID 603.10 User: VLOPEZ -Veronica Lopez Page: 29 Current Date: 03/12/200 Report: CK_AGENDA_ REG_PORTRA[T_RC - CK: Agenda Check Register Portrait Layout Time: 07:27:4 CITY OF RANCHO CUCAMONGA Agenda Check Resister 2/25/2009 through 3/10/2009 Check No. Check Date Vendor Name Amount P77 AP - 00279855 3/4/2009 SMITH, SUSIE 92.49 AP - 00279857 3/4/2009 SO CALIF GAS COMPANY 2,859.44 AP - 00279857 3/4/2009 SO CALIF GAS COMPANY 1,062.76 AP - 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00279894 3/4/2009 VERIZON 34.24 AP - 00279894 3/4/2009 VERIZON 87.80 AP - 00279894 3/4/2009 VERIZON 87.80 AP - 00279894 3/4/2009 VERIZON 35.01 AP - 00279894 3/4/2009 VERIZON 36.14 AP - 00279894 3/4/2009 VERIZON 34.84 AP - 00279894 3/4/2009 VERIZON 34.90 AP - 00279894 3/4/2009 VERIZON 116.79 AP - 00279894 3/4/2009 VERIZON 87.80 AP - 00279894 3/4/2009 VERIZON 87.80 AP - 00279894 3/4/2009 VERIZON 34.81 AP - 00279894 3/4/2009 VERIZON 73.15 AP - 00279894 3/4/2009 VERIZON 87.80 AP - 00279894 3/4/2009 VERIZON 87.80 AP - 00279894 3/4/2009 VERIZON 87.80 AP - 00279894 3/4/2009 VERIZON 87.80 AP - 00279894 3/4/2009 VERIZON 87.80 AP - 00279894 3/4/2009 VERIZON 18.11 AP - 00279894 3/4/2009 VERIZON 87.80 AP - 00279894 3/4/2009 VERIZON 580.10 AP - 00279894 3/4/2009 VERIZON 361.82 AP - 00279894 3/4/2009 VERIZON 35.92 AP - 00279894 3/4/2009 VERIZON 205.55 AP - 00279894 3/4/2009 VERIZON 52.78 AP - 00279894 3/4/2009 VERIZON 35.01 AP - 00279894 3/4/2009 VERIZON 80.96 AP - 00279894 3/4/2009 VERIZON 471.02 P82 User: VLOPEZ -Veronica Lopez Page: 35 Current Date: 03/12/200 Report:CK_AGENDA REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 07:27:4. CITY OF RANCHO CUCAMONGA A!?enda Check ReEister 2/25/2009 through 3/10/2009 Check No. Check Date Vendor Name Amount AP - 00279894 3/4/2009 VERIZON 35.92 AP - 00279894 3/4/2009 VERIZON 371.95 AP - 00279894 3/4/2009 VERIZON ] 8.11 AP - 00279894 3/4/2009 VERIZON 33.73 AP - 00279894 3/4/2009 VERIZON 18.11 AP - 00279894 3/4/2009 VERIZON 18.11 AP - 00279894 3/4/2009 VERIZON 36.14 AP - 00279894 3/4/2009 VERIZON 87.80 AP - 00279894 3/4/2009 VERIZON 87.80 AP - 00279894 3/4/2009 VERIZON 87.80 AP - 00279894 3/4/2009 VERIZON 35.01 AP - 00279894 3/4/2009 VERIZON 104.72 AP - 00279894 3/4/2009 VERIZON 87.80 AP - 00279894 3/4/2009 VERIZON 18.11 AP - 00279894 3/4/2009 VERIZON 16.25 AP - 00279894 3/4/2009 VERIZON 87.80 AP - 00279894 3/4/2009 VERIZON 34.41 AP - 00279894 3/4/2009 VERIZON 18.62 AP - 00279894 3/4/2009 VERIZON 95.04 AP - 00279894 3/4/2009 VERIZON 36.03 AP - 00279894 3/4/2009 VERIZON 36.14 AP - 00279894 3/4/2009 VERIZON 36.14 AP - 00279894 3/4/2009 VERIZON 33.73 AP - 00279894 3/4/2009 VERIZON 18.11 AP - 00279894 3/4/2009 VERIZON 34.81 AP - 00279894 3/4/2009 VERIZON 205.39 AP - 00279894 3/4/2009 VERIZON 18.11 AP - 00279894 3/4/2009 VERIZON 1,408.38 AP - 00279894 3/4/2009 VERIZON 87.80 AP - 00279894 3/4/2009 VERIZON 36.03 AP - 00279894 3/4/2009 VERIZON 72.30 AP - 00279894 3/4/2009 VERIZON 471.94 AP - 00279894 3/4/2009 VERIZON 150.34 AP - 00279894 3/4/2009 VERIZON 135.31 AP - 00279894 3/4/2009 VERIZON 39.13 AP - 00279894 3/4/2009 VERIZON 178.09 AP - 00279894 .3/4/2009 VERIZON 3,407.84 AP - 00279894 3/4/2009 VERIZON 34.05 AP - 00279894 3/4/2009 VERIZON 33.95 AP - 00279894 3/4/2009 VERIZON 33.95 AP - 00279894 3/4/2009 VERIZON 33.73 AP - 00279894 3/4/2009 VERIZON 208.83 AP - 00279895 3/4/2009 VILLAGE NURSERIES WHOLESALE LLC 729.57 AP - 00279896 3/4/2009 WALTERS WHOLESALE ELECTRIC CO 54.39 AP - 00279896 3/4/2009 WALTERS WHOLESALE ELECTRIC CO 88.42 AP - 00279896 3/4/2009 WALTERS WHOLESALE ELECTRIC CO 163.91 AP - 00279896 3/4/2009 WALTERS WHOLESALE ELECTRIC CO 283.02 AP - 00279897 3/4/2009 WALTON CWCA ARCHIBALD 69 LLC 383.48 AP - 00279897 3/4/2009 WALTON CWCA ARCHIBALD 69 LLC 459.77 AP - 00279898 3/4/2009 WATERSCAPE DESIGNS INC 94.77 AP - 00279899 3/4/2009 WAXIE SANITARY SUPPLY 19.16 AP - 00279899 3/4/2009 WAXIE SANITARY SUPPLY 85.00 AP - 00279899 3/4/2009 WAXIE SANITARY SUPPLY 111.78 AP - 00279900 3/4/2009 WE TELL STORIES 535.00 P83 User: VLOPEZ -Veronica Lopez Page: 36 Current Date: 03/12/200 Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 07:27:4 CITY OF RANCHO CUCAMONGA Agenda Check Resister 2/25/2009 through 3/10/2009 Check No. Check Date Vendor Name Amount AP - 00279901 3/4/2009 WESTERN HIGHWAY PRODUCTS INC 197.90 AP - 00279902 3/4/2009 WESTERN LAND PROPERTIES 2,750.00 AP - 00279903 3/4/2009 YANG, SEUNGAH 770.00 AP - 00279904 3/4/2009 YORK INDUSTRIES 258.60. AP - 00279904 3/4/2009 YORK INDUSTRIES 115.40 AP = 00279904 3/4/2009 YORK INDUSTRIES 660.40 Total for Check ID AP: 1,946,233.09 EP - 00000300 2/25/2009 SAN BERNARDINO CTY SHERIFFS DEPT 2,163,188.00 Total for Check ID EP: 2,163,188.00 Total for Entity: 4,109,421.09 P84 User: VLOPEZ -Veronica Lopez Page: 37 Current Date: 03/12/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 07:27:4 ly ~ i m (O m N m N N 0 N o N ~ ~ 'J ~ 0 m fD (O N O 'V .- N Ci Ci ~ O ~ m "' u ~ U L U c ~ i e O m m o m b m ~ m o m n m m a' O' W r N CJ C'1 ~ O ~ O O _T m U . Q2' . ~ a° ~o . m ~ m b y o m m ~~ ~ y m rv m ro r e p O M n ~ V O e T O L m f m N N m m 1~ m 0 O O a `O ~ ° °o ~ m r °a n °m m ~ O q m> ~ m O O n O n 0' m m ~ (mp n O O N O O ~ O O m ~ 0 O OI N 0 O m 0 O ~ p C~ C O 0 1 O N N 0 f0 f0 ~ {7 m 1 0 N 0 O ~ ~` ~ ° n ~ ~ l6 O 7 ~ ~ N °1 n e"i n V C = A , m ~ O f6 N (n O M ~ ~ C ~ r N O < C O • •O = Y~ rQ- O O m ~ Q N O 10 ^ ~ Y V m ~ e_ O ~ ~ ~ > m N ~ I~ ~ f0 m O O m U w ~ ~ 1O 1 ° ° °D ' O LL m o v i ~ ° m 0 1 0 m LL o a o ~ m a N ~ U 0 a j ~ O °o m p °v °o p C ~ N m > m °o °o rv m lmo a° o ~ m 'O o) r t•1 m o o n ~ to ~ W eo m m OOi O N E ~ n ~ O N m t O m °n to m to m vi a C v m o ^ 0 f 0~ ~ d m N 9 N ~ d ~ ~ U IL a V A m C C m m o o ~ ~ E ~ m ii m m 0 U E '° ~ C °' C C O ~ ? ~ w c m ~ o a ~ c o O) C- A y K .. - --_~ U v ° ? _ E m ~ m y ~ V ~~ m m 0 ~ 9 a C C = ~ V .ma _ U U ~ L m~ N W t O ~ '~ A i C v ° w ¢ C C o c Uv Q' N:~ C N p ~ ~~ ~ 7 E ¢ ¢ d E d o2 a v rn ~ !°. m a UE m w >' ~ d rn ~ . ~ I i 3 Sc a ~' v v ---~ -~ („~ m > _ R e v ~ v m > N A u ~o u ~ v o 'So o m 3 o > > ~ S ~ v V LL > S 5 v , aSa a m r¢ r v a w _ P85 y mn V_ U~r U o ~ >" ° ai 8 r a m o u ¢ a ~ 1 m O N N O m O N a 0 0 a O g d N n ~ o c r m 0 0 a m 1' rc P86 m m a W ~ C E °1 0 ~ E c u m N J ~ U c m O N L ~ Z' U N C O 7 ~ ~ a` m ~ O LL y. a U d v _ m E na ~ c m y~ > L m =' o ~ E d O L nF = N d N N ~ 7 D C y d O d O y T ~p D °u E Q d pj t_ °o c N E x ~ N O m U C O y « "' 2 d O N a E T ~ U_ T O a~ J c o m= E o m~ > t _ ~ N U L_ d 3~ _T J E N o °' a C j U ~ C 6 . N 3 U a ° '~ = L l0 N N N = N ~ y m m v E L `-~ ~nE° N N = ~ O o m °y d o O O y O o U N N iJ ~ '^ _ _^ m - m N ~ > U F U W N y d C T d ~ ND J 0 .--. vpE N N O C O '~ O U_ O N z C w ._ N f/1 D t W O > ~ m L ~ N V N ~+ `r C N ~ E U Q j 3 c ~ c E w v E o m a m c m a c y w ~ ,ES O N ~ >L.. o = c-oi vod t H N O .a Opp t0 NON U C O ~ ~ N O O C 0 ~ ~ C 6 ~ ~ ~y L y L O O H p O T J ~ O U Opp ~ o E O - a~°~ d N c c$oi c N N N E = y m > ~ ~ S C y O' E _ °y '° m'c U N C N ~'~ O O T\ ~ 8 r_ _ U O .Q C y y O N Q d L ~ L D U L C.3 L 3 am m° d E = N a ~ m ~ ~ owa~n Q N N n y .- N J O c -- v w o"- N ~ p=j O 2 i y v C C p T E t0u~ o '_ v O _ N 41 6 Q y y O ~ d OI ~ C C \ `o y ~ c N TC j N .~ N NU y: c w v c dL> ot~o~ ¢a aE U N ~ ~ g J LL N O ~ L O f0 N V;1 O N (Op u v0~~ E c ~ ~ N O L L j mF- C N J O C t O _ ~ ~ ~ N L N J N_ N N C (0 L = N U „ m O c n O. rvEe c E y o E. N C N N J N O O ~ E a ; L GI N = U i d y m E ry E ~ N . y ~ c d !L-rnvQ } a ~ n F- U U ^- o f > O LLI O r z m o u a a ~ a 0 N N N O+ N 0 a a O .a c_ O d m a C C d OC G M `~ E ~+ o V y > O 7 ~ C N V ~ ~ L V ~ N N C •Q ~~ O LL O ~a o U a C v r T O b ~R m a M r R L 0 i a' rn~ dl v-' ¢[ P87 q ~ ~ ~ ~ ~ .- n M n m ~ N ~ .- o ~ o ~ .- n ~ H N o ~ ~ a h m O O O O O O O O O O O O O O O O O O O O O O O ° O O O O O N N N ~ U n N N p N Id N N N ~ (~ m N N N r 0 P N N f~J ~ r N N N b ~ 01 N N N (~ m 0 N N N Q N O N N N O O Q N N N f0 0 10 N O O U N O O N ~ ~ O N ~- N O ~ N N m ~V N O O N O t` M O ~ ~ e ~n u~ `mid m ~~ ~ Aa rl nn A.-m m mio AA n nc~ ~ mb d ~. 0 0 0 0 o O ~ ~ o 0 o p o o ~ o p o 0 0 0 0 0 ~ o o O i Y p n Q Q N m m Q m N m m m m N O N lp N m b ~ b O Q Q m q r m ~ N N Q ~ V] N 0 6 K' ' Q Q W N Q m q C1 m N g q O Q m Q Q O Q m Q r m m O g O Q m m Q m m m m ' m N b m m a m r m ~ r ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ d q q O O O b b m O ~ O n O O m O X 0 0 O O O N Yf O O O O m N O m 10 q q m N N r q I O r r O g m N O m O O b f r O N O m q b m m r r ° fD m m q t7 N g m Q O q m r r h O b b r O N m N N I N N b m m Q m m C'1 N N N m Q b m m m m m O m m m ~ N m m Q Q d d d d ld4 ldG N N d N d N N N d m d N R ~ d d d ~ d d N ~ ~ d d N o. ¢ ¢ ¢ ~ ¢ ¢ ¢ ¢ a ¢ ~ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ m o o in o .n o g o 0 0 0 0 o p o 0 0 o p o in .d o N o o ~n o o (p q b N N r m r O r b r O O b N O m O O b N f O O b r N , m r O m b m g m b q m Q O O m m r r r O fD b r O N m N N N b m m Q m m an N N N m b YI m m m m m Q N m m ~ N m m Q Q ' O O O O p O O O O O O O O O O O O,O O O O f O° O O O O O O 0 0 0 0 0 0 0 o p o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N O O O O O O O° O O O O O O O O O O O O O N O O O O O O O O q q o 0 0 0 0 0 0 0 0 0 0 o p o 0 0 0 o p o o r o 0 0 0 0 0 o p O q~ q O O O O O O b O O O O O O O O O° O O O O m O O O O O p Q O O O O O O m O O O g O O O O O O O O O O b Q O O O O q O O a p OI m q 0 O 0 O 0 O 0 0 o O O O m op n b o g o O g O 0 op op O o 0 0 O N N 0 0 o O O O m o O O 0 0 o N b O m o 0 m O O ° ° b N O N b ~ Q N ~ b Q m O b Q m N N O Q Q N m N N N b N b Q m m o 0 0 0 0 0 0 0 .- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O p O O g O O O O O O O O m O O O O O O b° O O O O N N O O N m l7 O (p m N b b O N O N O m N O O f O f O O N O Q q q q q q N q YI N N r b ~ m O m b r r r m m r N r m ~ m O m O b b ~l] f p f0 N O N b O r r° N O m O O N m O b m O m m m Q p ! ~ fp W g O m Q m Q m m' N N m N^ m m O r N` r O r Q N N f0 m q O p m N r m m m b O Q O r r Cl Q m m b b O m b Q O q O O N O O O O b N O1 m O O N N O O O O O O Q Q O O p O O N Yl O N b ~ N N ~ Q O N m N Q b N N O Q Q m l7 N N N b l7 N Q m m o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o p o 0 ~ 0 0 0 0 0 o o p p 0 0 o p p o 0 0 0 o p p o 0 0 0 0 0 0 0 0 N O O O O O O . 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O D7 I~ - Q m t~l IO N 1") m m W N O (7 n m m O M O N) Ol 1~ n m m m i0 I~ r r O m ~O M 1~ m N m ~ O> N O) O N O O N O~ N N Q M T !~ ~ m m J O~ r N C'1 N ~ Q ~ M U ~ f9 19 t9 f9 fA t9 (A t9 t9 a o a o 0 o e e o 0 o e e e e o a o e o 0 0 0 0 0 o e N N N N N N N N Q N N N O O ~ ~ O I~ m ~D m ID m m l0 m l M M Ol M Q M M M O O ~ Q O N N N N N N N N Y ^'~' O ~ X 0 0 N N (V (V (V N N N lV N fV N O .= r O Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q_ Q Q_ Q_ Q_ Q Q Q q l ^ _ _ _ Z Z Q Z Z Z Z Z _ _ _ Z Z Z Z Z Z _ _ Z Z Z Z _ _ Z Z Z Z Z Z Z Z m ~ m m m m m m m n r r n r n n r N O O O O O O~ O O 0 0 0 0 0 0 O O O O 0 0 0 0 0 0 0 O N Y 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O 0 0 0 0 0 0 0 O L N N N N N N N N N N N N N N N N N N N N N N N N N N OI E Q m m m m m m m h m m m m M M l") l") l~J [7 ~ N m ~O ~ IA IA N J ~ l .- ~ ~ ~ .- .- .- .- N N N N N N N N a m rn m m m rn w m rn m rn m eo m n ~ ~ ~ C v rn Q U O C w o. y LL n' a a a a a a a a a a a a a a a a a a a a a a a a a a C C C C C C C C C C C C C C C C C C C C C C C C C C m Y 1~1 ~ J J J J J J J J J J J J J J J J J J J J J J J J J LL LL LL LL LL LL LL J LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL 0 3 m _ m m m m d d w v m v m w v m m m w m d v m m m v v m E I~l J Y` Y Y Y Y .~ Y ` Y .~' {' Y {' Y Y Y Y Y Y Y Y Y Y Y Y O C C N N N 10 N N N N N N N N N N N N N N N N m m N N N N ~ d n ~ ~ ~ ~ ~ ~ f ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ U T T T T T T T T T T T T T T T T T T T T T T T T T T 'O N 41 N N N N N N N N N N N N N N N N N UI N W N N 0 d O W N t °' C C C C C C C C C C C C C C 0 0 0 0 C C C C 0 0 0 0 C C C C C C C 0 0 0 0 0 0 0 C 0 a 0 0 0 0 0 0 0 0 0 0 W c = ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ . '~ a t a a 0 m o Ja J ~ J _ L m LL C LL IL O L` m~ E a v ~i a c° a u a c c a c ~ o ro U U m Z c m c c J J c N c C J C J c c~ c J Q r LL O~ O LL O LL ~y a 0 IL O U C 0 O O N O U G C a o c c - u ~ c a ' x~ d u u a o~ LL u J o o~ J O LL r J O K J ~p LL U 1 Q O a Q N ~y G U Q H N X Q J c LL J U Q Q J iy C U N U Q~ O Q w Q iy I 0 U n ~ N¢ W N w¢ W m LL m m m :_= m p v E U (0 ~ D O N C 6 E N z O C N 6 Z U O ¢ Z .~ U O O ¢ Z E Q U N N C d U N y N> N d E C U U W N d U N N> E y C N d d U N ' ^ y C N J C d U ~ N N N y C O d 41 J ¢ d m rn a v n m m a ~ O m ~ m s rn o 0 ~ c o 0 0 0 0 a m m m m m m N Q IL l1 lL li IL d N VI 41 N N 3 3 ~ 3 3 r a N ~ N w'J N (7 N # iG y (D H N W m d d N d Q` a` ~ o o ~ y ~ w U o E y o H O a o o L u N c a ~° c E m E ~ ~ > Q N O O O O O Q tp tO N N N N N Z Z 2 2 Z O ^ ^ O ^ LL LL LL LL ~ LL U U U U U. Cl m a P95 c v m a m U G N LL rn t n ;~r E ~ ~ A c c ~ v n v E -' O ~ d L j 9 U C C C W ~ a L ~ C `o t o ?..' N m U V O LL E E d N 7 O j0 U > al Y M M m m m N N W i0 O~ < D7 0) N o vi ~n o v vi n m r r N ~ m N r Cl N lh ~ m N ^ m N a e v o 0 0 m m m o v m N N N N N N (V (V lV lV N N -yl a¢¢aaa q 0 Z Z Z Z Z Z N L ~ ~ ~ ~ yl a' c FN a m E N 2 C J O u a r r r r r r 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N m m N N~ N N N N N N a a a a a a c c c c c c LL LL LL LL LL LL y ~ ~ ~ Y m `m m m m `m ~ ~ ~ ~ ~ ~ T T T T T T c c c c c c 9 ~ a LLw .. C a ~ U c ~ li > > c ~ C U b U U _~ a N a t0 ^ N U O N 6 ~ c .. d ~ v g m o p1 ` f0 v _= a` 3 `o ~ a m ~ Q m .da C J N r a ml b N a c 0 m i N M h N r r N w ti 0 Z 0 m a STAFF REPORT PUBLIC WORKS SERVICES DEPARTMENT Date: March 18, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Dave Blevins, Public Works Services Directo By: Ernest Ruiz, Streets, Storm Drains and Fleet Superintendent Paul Fisher, Managemeht Aide ~~_~~ RSNCHO C,UCAMONGA Subject: APPROVAL OF SPECIFICATIONS FOR "CITYWIDE CONCRETE REPAIR, TREE REMOVAL AND TREE PLANTING ANNUAL MAINTENANCE AGREEMENT" AND AUTHORIZE THE CITY CLERK TO ADVERTISE THE "NOTICE INVITING BIDS" TO BE FUNDED FROM ACCOUNT # 1176303-5300 RECOMMENDATION It is recommended that the specifications for "Citywide Concrete Repair, Tree Removal and Tree Planting Annual Maintenance Agreement" be approved and authorize the City Clerk to advertise the "Notice Inviting Bids" to be funded from account # 1176303-5300. BACKGROUND ANALYSIS In order to ensure price competitiveness and up this contract for competitive bids at this time. consists of, but not limited to the furnishing of a miscellaneous removal and replacement of trees, citywide. Respectfully Submitted, !~~ Dave Blevins Public Works Services Director late bid specifications, it is necessary to reopen The scope of work to be performed in general labor, equipment and materials required for the sidewalks, curbs and gutters, at various locations P96 DB:ER:sm P97 RESOLUTION NO. ~7 - L~~9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR CITYWIDE CONCRETE REPAIR, TREE REMOVAL AND TREE PLANTING ANNUAL MAINTENANCE AGREEMENT AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 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 "CITYWIDE CONCRETE REPAIR, TREE REMOVAL AND TREE PLANTING ANNUAL MAINTENANCE AGREEMENT". 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 April 14, 2009 sealed bids or proposals for "CITYWIDE CONCRETE REPAIR, TREE REMOVAL AND TREE PLANTING ANNUAL MAINTENANCE AGREEMENT" 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, April 7, at 11:00 a.m. at the City of Rancho Cucamonga Corporate Yard, 91539th Street, 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, "CITYWIDE CONCRETE REPAIR, TREE REMOVAL AND TREE PLANTING ANNUAL MAINTENANCE AGREEMENT ". P98 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 fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages 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: 1. 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 Resolution No. PAGE 5 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. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. P99 Contractor shall possess any and all contractor's 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 an "A" (General Engineering Contractor). In accordance Resolution No. PAGE 6 P100 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 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 CITYWIDE CONCRETE REPAIR, TREE REMOVAL AND TREE PLANTING ANNUAL MAINTENANCE AGREEMENT may be directed to: Ernest Ruiz, Streets, Storm Drains and Fleet Superintendent Rancho Cucamonga, CA 91730 (909) 477-2700, ext. 4108 (909)477-2731, fax By order of the City Council of the City of Rancho Cucamonga, California. Dated this 18th day of March 2009. ADVERTISE ON: March 24, 2009 and March 31, 2009. P101 STAFF REPORT - , -~ PUBLIC WORKS SERVICES DEI>ARTb1ENT RANCHO Date: March 18, 2009 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 Superintendent Paul Fisher, Management Aide Subject: APPROVAL OF SPECIFICATIONS FOR "CITYWIDE TRAFFIC SIGNAL MAINTENANCE" AND AUTHORIZE THE CITY CLERK TO ADVERTISE THE "NOTICE INVITING BIDS" TO BE FUNDED FROM ACCOUNT # 1170303-5300 RECOMMENDATION It is recommended that the specifications for "Citywide Traffic Signal Maintenance" be approved and authorize the City Clerk to advertise the "Notice Inviting Bids" to be funded from account # 1170303-5300. BACKGROUND ANALYSIS In order to ensure price competitiveness and update bid specifications/standards Public Works staff feels it is necessary to reopen the contract for competitive bids at this time. The scope of work to be performed in general consists of, but not limited to the furnishing of all labor, equipment and materials required for the maintenance and repair of traffic signals, flashing beacons and flashing crosswalks citywide. Respectfully Submitte~ ~-/ ave Blevins Public Works Services Director DB:ER:sm P102 RESOLUTION NO. ~q- ©'tI ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR CITYWIDE TRAFFIC SIGNAL MAINTENANCE 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 "CITYWIDE TRAFFIC SIGNAL MAINTENANCE". 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 April 21, 2009 sealed bids or proposals for "CITYWIDE TRAFFIC SIGNAL MAINTENANCE" 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, April 7, at 9:00 a.m. at the City of Rancho Cucamonga Corporate Yard, 9153 9th Street, 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, "CITYWIDE TRAFFIC SIGNAL MAINTENANCE". Resolution No. PAGE 4 P103 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 fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages 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 2. 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. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Resolution No. PAGE 5 P104 Information relative to apprenticeship standards, wage schedules, and other requiremehts 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. 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 P105 Contractor shall possess any and all contractors licenses, in form and class as required by ahy 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 "A" (General Engineering 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. 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 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 CITYWIDE TRAFFIC SIGNAL MAINTENANCE may be directed to: Ernest Ruiz; Streets, Storm Drains and Fleet Superintendent Rancho Cucamonga, CA 91730 (909) 477-2700, ext. 4108 (909)477-2731, fax By order of the City Council of the City of Rancho Cucamonga, California. Dated this 18`h day of March 2009. ADVERTISE ON: March 24, 2009 and March 31, 2009. STAFF REPORT PUBLIC WORKS SERVICES DEPARTMENT Date: March 18, 2009 RSNCHO C,,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 Subject: APPROVAL OF SPECIFICATIONS FOR "RANCHO.000AMONGA FAMILY SPORTS CENTER GYM FLOOR RESURFACING" AND AUTHORIZE THE CITY CLERK TO ADVERTISE THE "NOTICE INVITING BIDS" TO BE FUNDED FROM ACCOUNT NUMBER 2517801-5650/1663517-0 RECOMMENDATION It is recommended that the specifications for "Rancho Cucamonga Family Sports Center Gym Floor Resurfacing" be approved and authorize the City Clerk to advertise the "Notice Inviting Bids" to be funded from account number 2517801-5650/1663517-0. BACKGROUND ANALYSIS The Rancho Cucamonga Family Sports Center opened to the residents of Rancho Cucamonga in 1997 and hosts many sports programs. Due to the success of these programs, the Rancho Cucamonga Family Sports Center experiences a very high level of use. The Public Works Services Department feels it's necessary to have the gymnasium wood flooring refinished to assist with preventive maintenance and for the purpose of increasing the flooring's life expectancy. Each of the three basketball courts within the gymnasium will be refinished individually with the first court being completed prior to start of work on subsequent courts. The project will be scheduled with the assistance of the Community Services Department in order to minimize the impact on daily operations. Respectfully Submitt , ve Blevins Public Works Services Director DB:TO:sm ~ - ~-- r, ,~~ P106 PRE-AGENDA STATEMENT P107 RESOLUTION NO. OGI - ~ y A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR RANCHO CUCAMONGA FAMILY SPORTS CENTER GYM FLOOR RESURFACING; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga Redevelopment Agency to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga Redevelopment Agency has prepared specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the specifications presented by the City of Rancho Cucamonga Redevelopment Agency be and are hereby approved as the specifications for the "RANCHO CUCAMONGA FAMILY SPORTS CENTER GYM FLOOR RESURFACING". 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 Redevelopment Agency of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga Redevelopment Agency 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 April 28, 2009 sealed bids or proposals for "RANCHO CUCAMONGA FAMILY SPORTS CENTER GYM FLOOR RESURFACING" 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, April 14, 2009 at 9:00 a.m. at the Rancho Cucamonga Family Sports Center, 9059 San Bernardino Road, Rancho Cucamonga, California, 91730, where bidders may present questions regarding the Bid Documents: Plans,, Proposals, and 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 Redevelopment Agency, California, marked, "RANCHO CUCAMONGA FAMILY SPORTS CENTER GYM FLOOR RESURFACING". P108 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 fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than,the general prevailing rate of wages 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: 1. 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 P109 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 Redevelopment Agency 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 "C-15" (Flooring and Floor Covering). 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. P110 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 Redevelopment Agency 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 RANCHO CUCAMONGA FAMILY SPORTS CENTER GYM FLOOR RESURFACING may be directed to: Delvin Harbour, Public Works Facilities Maintenance Coordinator Rancho Cucamonga, CA 91730 (909) 477-2700, ext. 2389 (909)477-2731, fax By order of the Redevelopment Agency of the City of Rancho Cucamonga, California. Dated this 18~' day of March 2009. ADVERTISE ON: March 31, 2009 and April 7, 2009. P111 ~~r~' ,~ STAFF REPORT ,ggB yy~,~-; ~l; ~~ PUBLIC WORKS SERVICES DEPARTnfENT K Date: March 18, 2009 RANCHO C,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 Subject: APPROVAL OF SPECIFICATIONS FOR "RANCHO CUCAMONGA FAMILY SPORTS CENTER GYM WALL PAINTING" AND AUTHORIZE THE CITY CLERK TO ADVERTISE THE "NOTICE INVITING BIDS" TO BE FUNDED FROM ACCOUNT NUMBER 2517801-5650/1663517-0 RECOMMENDATION It is recommended that the specifications for "Rancho Cucamonga Family Sports Center Gym Wall Painting" be approved and authorize the City Clerk to advertise the "Notice Inviting Bids" to be funded from account number 2517801-5650/1663517-0. BACKGROUND ANALYSIS The Rancho Cucamonga Family Sports Center opened to the residents of Rancho Cucamonga in 1997 and hosts many sports programs. Due to the success of these programs, the Rancho Cucamonga Family Sports Center experiences a very high level of use. The gymnasium is showing signs of this high level of use and requires updating and maintenance. The scope of work for this project would include patching and painting of all the gymnasium walls following the current design of the main lobby and internal hallways. All work will be completed between the hours of 10:00 p.m. and 6:00 a.m. to eliminate the impact on daily operations. Respectfully Submit e Blevins Public Works Services Director DB:TO:sm PRE-AGENDA STATEMENT P112 . RESOLUTION NO. (fig-QUIZ A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR RANCHO CUCAMONGA FAMILY SPORTS CENTER GYM WALL PAINTING; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga Redevelopment Agency to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga Redevelopment Agency has prepared specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the specifications presented by the City of Rancho Cucamonga Redevelopment Agency be and are hereby approved as the specifications for the "RANCHO CUCAMONGA FAMILY SPORTS CENTER GYM WALL PAINTING". 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 Redevelopment Agency of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga Redevelopment Agency 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 April 28, 2009 sealed bids or proposals for "RANCHO CUCAMONGA FAMILY SPORTS CENTER GYM WALL PAINTING" 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, April 14, 2009 at 9:00 a.m. at the Rancho Cucamonga Family Sports Center, 9059 San Bernardino Road, Rancho Cucamonga, California, 91730, where bidders may present questions regarding the Bid Documents: Plans, Proposals, and 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 Redevelopment Agency, California, marked, "RANCHO CUCAMONGA FAMILY SPORTS CENTER GYM WALL PAINTING". P113 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 fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages 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: 1. 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 P114 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 Redevelopment Agency 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 contractor's 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 "C-33" (Painting).- 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. P115 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 Redevelopment Agency 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 RANCHO CUCAMONGA FAMILY SPORTS CENTER GYM WALL PAINTING may be directed to: Delvin Harbour, Public Works Facilities Maintenance Coordinator Rancho Cucamonga, CA 91730 (909) 477-2700, ext. 2389 (909)477-2731, fax By order of the Redevelopment Agency of the City of Rancho Cucamonga, California. Dated this 18~h day of April 2009. ADVERTISE ON: March 31, 2009 and April 7, 2009. P116 STAFF REPORT PUBLIC WORKS SERVICES DEPARTMENT Date: March 18, 2009 RANCHO C,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: APPROVAL OF SPECIFICATIONS FOR "CIVIC CENTER PLANTER AND PARKING STRUCTURE WATERPROOFING" AND AUTHORIZE THE CITY CLERK TO ADVERTISE THE "NOTICE INVITING BIDS" TO BE FUNDED FROM ACCOUNT NUMBER 2624801-5650/1705624-0 RECOMMENDATION It is recommended that the plans and specifications for "Civic Center Planter and Parking Structure Waterproofing" be approved and authorize the City Clerk to advertise the "Notice Inviting Bids' to be funded from account number 2624801-5650/1705624-0. BACKGROUND ANALYSIS During routine maintenance and inspections by a waterproofing consultant, the Public Works Services Department has found the waterproof membrane in the planter in the northeast corner of the parking deck and the waterproofing epoxy coating on the 50,000 square feet parking deck have reached their life expectancy and show signs of failure that require the entire parking deck to have a new waterproof epoxy coating system applied and the waterproofing membrane in the planter to be replaced. The removal and replacement of the existing waterproofing will be completed in sections to reduce the impacts on the public and city staff. Total time for construction is projected to be 50 days. Respectfully Submitted, Dave Blevins Public Works Services Director r S~- t- DB:TO:sm P117 RESOLUTION NO. 09- ~ y-3 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS 'FOR CIVIC CENTER PLANTER AND PARKING STRUCTURE WATERPROOFING AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga Redevelopment Agency to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga Redevelopment Agency has prepared specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the specifications presented by the City of Rancho Cucamonga Redevelopment Agency be and are hereby approved as the specifications for the "CIVIC CENTER PLANTER AND PARKING STRUCTURE WATERPROOFING". 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 Redevelopment Agency of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga Redevelopment Agency 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 April 21, 2009 sealed bids or proposals for "CIVIC CENTER PLANTER AND PARKING STRUCTURE WATERPROOFING" 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, April 2, at 9:00 a.m. at the City of Rancho Cucamonga Civic Center, 10500 Civic Center Drive, 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 Redevelopment Agency, California, marked, "BID FOR CIVIC CENTER PLANTER AND PARKING STRUCTURE WATERPROOFING." Resolution No. PAGE 4 P118 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 fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages 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 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. Resolution No. PAGE 5 P119 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. 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 Redevelopment Agency 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. Resolution No. PAGE 6 P120 Contractor shall possess any and all contractor's 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 "C-39" (Roofing) and/or "C-33" (Painting). 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 Redevelopment Agency 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 CIVIC CENTER PLANTER AND PARKING STRUCTURE WATERPROOFING 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 Redevelopment Agency of the City of Rancho Cucamonga, California. Dated this 18~h day of March 2009. ADVERTISE ON: March 24, 2009 and March 31, 2009. P121 STAFF REPORT ENGINEERING SERVICES DEPARTMENT Date: March 18, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Romeo M. David, Associate Engineer ~\ , RANCHO CUCAMONGA Subject: APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE CONSTRUCTION OF THE BANYAN STREET COMMUNITY TRAIL AND PARKWAY LANDSCAPE FROM HELLMAN AVENUE TO THE AMETHYST AVENUE TO BE FUNDED FROM BEAUTIFICATION FUNDS, ACCOUNT NO. 11103165650/1614110-0 RECOMMENDATION It is recommended that the City Council approve plans and specifications for the construction of the Banyan Street Community Trail and Parkway Landscape from Hellman Avenue to Amethyst Avenue and approve the attached resolution authorizing .fhe City Clerk to advertise the "Notice Inviting Bids". BACKGROUND/ANALYSIS Banyan Community Trail and Parkway Landscape scope of work in general consists of, but not limited to, grading and the installation of decomposed granite, white PVC 2-rail trail fencing, retaining curbs and headers, planting of trees and shrubs, installation of irrigation, construction of cobble sidewalk and boulders. The project is to be funded from Beautification funds, Account No. 11.10316565011614110-0. Staff has determined that the project is categorically exempt per Article 19, Section 15301(c) of the CEQA guidelines. The Engineer's estimate for Banyan Community Trail and Parkway Landscape is $160,000. Legal advertising is scheduled for March 24, 2009 and March 31, 2009 with bid opening at 2:00 p.m. on Tuesday, April 7, 2009, unless extended by Addendum. Respectfully submitted, a euer Director of Engineering Services/City Engineer MAS/R M D:I s Attachment P122 RESOLUTION NO. ®~- ~"- 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE BANYAN STREET COMMUNITY TRAIL AND PARKWAY LANDSCAPE FROM HELLMAN AVENUE TO AMETHYST AVENUE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERKTO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for the "Banyan Street Community Trail and Parkway Landscape, from Hellman Avenue to Amethyst Avenue": BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required bylaw for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamohga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m. on Tuesday, April 7, 2009, sealed bids or proposals for the "Banyan Street CommunityTrail and Parkway Landscape from Hellman Avenue to Amethyst Avenue" in said City: Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to .the City of Rancho Cucamonga, California, marked, "Banyan Street Community Trail and Parkway Landscape from Hellman Avenue to Amethyst Avenue': PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of perdiem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. P123 RESOLUTION NO. March 18, 2009 Page 2 Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public work's project and which administers the apprenticeship program in that trade fora certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or When the numberof apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1130 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices orjourneymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements maybe obtained from the Director of Industrial Relations, ex-officio the AdministratorofApprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in P124 RESOLUTION NO. March 18, 2009 Page 3 Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.8. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and_the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under dontract which may be entered into between him and the said City of Rancho Cucamonga for the construdtion of said work. Contractor shall possess any and all contractor licenses, inform and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; Including but not limited to a Class "A"License (General Engineering Contractor) or Class "C-27" 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 on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. P125 RESOLUTION NO. March 18, 2009 Page 4 Copies of the plans and specifications, available at the office of the City Engineer, Plaza Level Engineering Counter, will be furnished upon application to the City of Rancho Cucamonga, and payment of $35.00 (THIRTY-FIVE DOLLARS); said $35.00 (THIRTY-FIVE DOLLARS) is non- refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non- reimbursable payment of $15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and overhead. The request for plans and specifications should include the title of the requested project and bidder's business card, including valid mailing address, phone and fax number, and a-mail address. Please note that plans and specifications will not be processed, given out or mailed until payment is received, which shall include the cost of the plans and specifications and the stated mailing fee or bidder's FedEx account number, if applicable, until the information above is received. Checks/request shall be addressed as follows: City of Rancho Cucamonga Attention: Engineering Plaza Level 10500 Civic Center Drive Rancho Cucamonga, CA 91730 No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, reserves the right to reject any or all bids. By order of the Council of the City of Rancho Cucamonga, California. Dated this 18th day of March, 2009 Publish Dates: March 24, and March 31, 2009 PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this 18th day of March, 2009. Donald J. Kurth, M.D., Mayor P126 RESOLUTION NO. March 18, 2009 Page 5 ATTEST: Janice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 18~' day of March, 2009. Executed this 18'h day of March, 2009, at Rancho Cucamonga, California. Janice C. Reynolds, City ADVERTISE ON: March 24 and March 31, 2009 27 VICINITY MAP PROJECT SITE D a _ -- s yU W W Y O II ° MONTE VISTA ST. MO TE ST ST. ~ ~ aW ~ SPRR a~ a a i BASE LINE ROAD Y ~~ ~~ ~~~~1111 ~ U O ~l'll~L z ~ a yl ASS PKWY a a w ~ ~ m a CHU CH ST. P' w ~ ¢ r F S z ~ ~ N ~ p CHURCH W ~ ~ U ~ w > a z w a ~ V o ~PJ a SAN BERNARDINO RD a a ~~ ~ VI GA~. MALL c~~ a aDO ~ w FooTrIILL a (sR66) =Q ° ~ a ~I LL a h r ~- ~ i z z QO ~ ~ a 5 RR i CIVIC C TER R y \ ARROW ROUTE z ~ _ a -o E w U z~~ 9th ST. ~~ ~~~^JERSE BLVD. ~ ~~ ° m ¢ a A T k S F R R WHITTRAM 8th STREET ~~~~ ~ _ ^ v 7th STREET ~ 6th STREET .~ fcalf-~ ~~ w CITY OF RANCHO CUCAMONGA BANYAN STREET COMMiJNITY TRAIL AND PARK~PAY LANDSCAPE N FROM HELLMAN AVE. TO AMETHYST AVE. N.T.S. P128 STAFF REPORT i=\C;I\LER]\G 5ER\'1CE~ DEP_jRT\lEN'1' Date: March 18, 2009 To: Mayor and Members of the City Council Jack lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Curt Billings, Associate Engineer~j 1`,r ~ , ~I RANCHO C,UCAMONGA Subject: APPROVAL OF A REIMBURSEMENT AGREEMENT BETWEEN THE CITY AND THE CUCAMONGA VALLEY WATER DISTRICT (CVWD) IN THE AMOUNT OF $145,000 FOR THE INSTALLATION OF A CVWD WATERLINE BY THE CITY'S CONTRACTOR FOR THE HAVEN GRADE SEPARATION CAPITAL IMPROVEMENT PROJECT RECOMMENDATION It is recommended that the City Council approve the Reimbursement Agreement between the City and the Cucamonga Valley Water District in the amount of $145,000 for the installation of a CVWD waterline by the City's contractor for the Haven Grade Separation Capital Improvement Project. BACKGROUNDIANALYSIS This agreement between the City and CVWD is for the Haven .Grade Separation Capital Improvement Project, and is for the reimbursement of the costs to relocate a waterline which was included with the construction of the grade separation project. The waterline construction was included as a separate bid item in the contract between the City and its contractor, KEC Engineering to establish a bid price for the work. The agreement between the City and CVWD is for the reimbursement of this construction bid item. Respectfully submitted, c-A-ate er Director of Engineering Services/City Engineer MAS/CB:Is Attachment P129 ~._ LOCATION CITY OF RANCHO CUCAMONGA HAVEN AVENUE GRADE SEPARATION VICINITY MAP STAFF REPORT ENGINEERING SERVICES DEPARTIvffiNT DATE: March 18, 2009 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Mark A. Steuer, Director of Engineering Services/City Engineer BY: Willie Valbuena, Assistant Engineer RANCHO CUCAMONGA P130 SUBJECT: APPROVAL OF A REIMBURSEMENT AGREEMENT (SRA-55) FOR RECONSTRUCTION OF PAVEMENT AND OVERLAY, RECONSTRUCTION OF MEDIAN LEFT TURN LANES AND TRAFFIC SIGNAL RELATED IMPROVEMENTS IN CONNECTION WITH DEVELOPMENT OF PARCEL MAP 17818, SUBMITTED BY FOOTCHESTER PARTNERS I, LLC, TO BE FUNDED FROM TRANSPORTATION ACCOUNT NUMBER 11243035650!1026124-0 It is recommended that the City Council adopt the attached resolution approving the Reimbursement Agreement for reconstruction of pavement and overlay, reconstruction of median left turn lanes and traffic signal related improvements in connection with development of Parcel Map 17818 and authorizing the Mayor and the City Clerk to sign said agreement and to cause same to record. BACKGROUND/ANALYSIS As a Condition of Approval of Parcel Map 17818, Footchester Partners I, LLC, the Developer, was required to do reconstruction of pavement and overlay, reconstruction of median left turn lanes and traffic signal related improvements on Foothill Boulevard, between RochesterAvenue and Day Creek Channel and portion west of Rochester Avenue. The said required public improvements have been completed by the Developer. Whenever a developer is required, as a condition of approval of a development permit, to construct a public facility that is determined by the City to have supplemental size, length or capacity over what is needed for the impacts of that development, and when such construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer shall be offered. The Developer has submitted an itemized accounting of the construction costs of the required reconstruction of pavement and overlay, reconstruction of median left turn lanes and traffic signal related improvements on Foothill Boulevard between Rochester Avenue and the Day Creek Channel and portion west of Rochester Avenue. Upon review of the City Staff, the total cost of said improvements is $ 197,123.80, to be reimbursed from the City Transportation Reimbursement Account Number 11243035650/1026124-0. Copies of the agreement signed by the Developer are available in the City Clerk's office. Res II submitted, uer Director of Engineering Services/City Engineer MAS/WAV:rIc CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION N ITEM: PM ~ 788 TITLE: //C/N/TY /~1AP P132 RESOLUTION NO. O9 ~~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, . CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT (SRA-55) FOR RECONSTRUCTION OF PAVEMENT AND OVERLAY, RECONSTRUCTION OF MEDIAN LEFT TURN LANES AND TRAFFIC SIGNAL RELATED IMPROVEMENTS WHEREAS, the City Council of the City of Rancho Cucamonga has for its consideration a Reimbursement Agreement (SRA-55) submitted by Footchester Partners I, LLC, as developer of Parcel Map 17818 for reconstruction of pavement and overlay, reconstruction of median left turn lanes and traffic signal related improvements on Foothill Boulevard between Rochester Avenue and the Day Creek Channel and portion of Rochester Avenue; and WHEREAS, the Developer, at Developer's expense, has completed the above mentioned public improvements; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that said Reimbursement Agreement be and the same is hereby approved and the Mayor is hereby authorized to sign said Reimbursement Agreement on behalf of the City of Rancho Cucamonga and the City Clerk to attest hereto and cause said agreement to record. P133 STAFF REPORT ` l - ' COMMUNITY SERVICES DEPAR'T'MENT Date: March 18, 2009 RANCHO CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Kevin McArdle, Community Services Director By: Paula Pachon, Management Analyst III Subject: APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT In accordance with the City Council's request to become more informed of recreation programs, projects and events, this report is provided to highlight pertinent issues, projects and programs occurring in the Community Services Department. This report is provided to the City Council for informational purposes only. . Seniors: • The following table highlights some senior activities that took place during February 2009 as well as the total number of registrations for the year for Wellness Pass and Senior Transportation. Activity Date Number of Participants Pool Tournament Februa 6, 2009 16 Valentine Part Februa 12, 2009 200 Senior Bi Band Dance Februa 14, 2009 48 Senior Birthda Februa 25, 2009 222 Wellness Pass - A es 60+ Total Re istered - 707 Wellness Pass - A es 50-59 Total Re istered - 280 Silver Fox Ex ress Total Re istered - 34 • Upcoming Senior Activities are summarized below: Activit Date Time Pool Tournament March 6, 2009 1:00 .m. St. Patt 's Da Part March 12, 2009 9:30 a.m. Senior Bi Band Dance March 14, 2009 7:00 .m. Senior Birthda s March 25, 2009 11:00 a.m. • It is anticipated that the Senior Advisory Committee will hold its next regular meeting on Monday, March 23, 2009 at 9:00 a.m. at the James L. Brulte Senior Center. • Participation in the Senior Nutrition Program for the month of February 2009 is summarized in the table on the following page: P134 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 2 MARCI-I 18, 2009 Week Date Partici ants 1 2/2 throu h 2/6/2009 1,259 2 2/9 throu h 2/13/2009 1,115 3 2/17 throu h 2/20/2009 974 4 2/23 throw h 2/27/2008 1,195 Total meals served for the month of February 2009: 4,543 Senior Services: The table below summarizes participation in Senior Services activities for the month of February 2009: Pro ram Number of Partici ants Blood Pressure Screenin 71 Resource Libra 295 Bereavement Su ort 12 Elder Law Private Counselin 25 HICAP 3 Dr. Cohen - "The Doctor is In" 12 Peo le with Arthritis Can Exercise 320 Sit and Be Fit 320 Special Needs Programs: • The table below highlights some special needs activities that took place during February 2009. Activit Start Date Number of Participants Frida Ni ht Fun Club Februa 13, 2009 31 Star Performers -Intermediate Janua 7, 2009 28 G mnastics Janua 12, 2009 1 Martial Arts - Be innin Janua 12, 2009 5 Martial Arts -Intermediate Janua 12, 2009 3 Ta - S ecial Needs Janua 12, 2009 2 Ballroom/Social Dance- S ecial Needs Janua 14, 2009 3 Jazz and Hi Ho - S ecial Needs Janua 15, 2009 9 IncredABLE Athletes -Basketball Janua 15, 2009 7 Teen Scene Casa Colina artnershi Februa 23, 2009 14 • Uocoming Special Needs activities are summarized below: Activit Date Time IncredABLES Frida Ni ht Fun Club March 13, 2009 5:30 m - 7:30 m Tech Junction: The table below and on the following page summarizes participation in Tech Junction classes during the month of February 2009: Senior Computer Classes Date Number of Partici ants Introduction to Windows and PC's Februa 2, 4, 9, 8< 11 21 P135 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 3 MARQ-I 18, 2009 ~ - Senior Computer Classes Date Number of Partici ants Introduction to Surfin the Internet Februa 6, 13, 20, 27 18 Intro to Excel Februa 18, 23, 25 13 Intro to Word Processin Februa 3, 5, 10 15 Word Worksho Februa 17, 19, 26, 28 13 Contract Computer Classes Date Number of Partici ants Intro to Com uters, Internet & Email Janua 20, 2009 7 Intro to Word and Excel Janua 20, 2009 10 Tech Junction Date Number of Partici ants Dro In-Use Janua 759 Senior Classes Februa 324 Total uses/users Februa 1,083 Upcoming free Senior Computer Class activities are summarized below: Senior Com uter Classes Date Introduction to Windows and PC's March 2,4,9,11 Introduction to Surfin the Internet March 6, 13, 20, 27 Intro to Word Processing March 3, 5, 10 Intro to Excel March 16,18,23,25 Excel Workshop March 17,19,24 Trips and Tours: Upcoming Trips and Tours are summarized below: Tri Date Cost An Irish Broadwa March 12, 2009 $82/ erson Petersen Automotive Museum March 24, 2009 $70/person Human Services -Commodities: Date Number of Families Served Number of Individuals Served Februa 2, 2009 432 744 Facilities: The table below illustrates the number of rentals/bookings and attendance figures for our community facilities during the month of February 2009: Facility Rentals # Rentals/ Bookin s Rental Attendance Building Attendance James L. Brulte Senior Center 65/176 4,643 21,980 Gold S. Lewis Communit Center 95/170 9,875 11,913 P136 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT NSARCH 18, 2009 Youth: The table below summaries Youth Prooram Attendance for the month of February. PAGE 4 Program Classes/Sites Registrants/Attendance Pla school 56/5 721/5408 Lewis Partnership Kids Club @ Del Mar, & Terra Vista Apartments 2 432 "Fun on the Run' attendance for February participants: 82 The program only operated 13 out of 20 days due to weather and President's Day holiday. Da of the Week Park Location Time Frame Monda Bear Gulch 2:30-5:00 m Tuesda Hermosa 2:30-5:00 m Wednesda Old Town 2:30-5:00 m Thursda Da Creek 2:30-5:00 m Frida Mountain View 2:30-5:00 m Teens: • The table below summarizes Teen Program Attendance for the month of February. Pro ram/Activit Attendance /Partici ation Teen Center 671 Partici ants, 15 s ectators Teen Dance, S ecial Events 90 Partici ants Teen Center, CSD Rental, Meetin s 215 Partici ants TRAC Meetin ,Snack Bars, S ecial Pro'ects 39 Partici ants TRAC- Bab sittin 13 Volunteers, 71 Partici ants Worksho s, Seminars 64 Partici ants Recreation Contract Classes: Registration started on December 15, 2008. C/asses/programs started on January 10, 2009. Number of Classes/Programs Sites Registrants 284 13 1,959 Facilities: The table below illustrates the number of rentals/bookinos and attendance figures for our community facilities during the month of February. Facility Rentals # Rentals/Bookings Rental Attendance Building Attendance Lions Center East 18/66 379 3,788 Lions Center West 32/72 1,080 3,478 I Human Services: RC Family Resource Center: The table on the following page summarizes Center Proorams/Workshoos Attendance for the month of February. P137 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 5 MARC[118,2009 Pro ram/Worksho Attendance /Partici ation Salvation Arm Food Pant 38 De artment of Children Services 44 Health Care Benefits for All 4 Communit Care Hos ice 21 Children Crisis Res onse Team 22 O tion House 17 House of Ruth Domestic Violence Class 49 Reach Out West End Health Teens 95 . Communit Ba tist Church 3 Chaffe Adult School ESL 83 Alcohol Anon mous 49 Health Families 9 Youth Accountabilit Board 27 Hi Ho Class 41 Communit Senior Service 9 Cit Plannin Public Meetin 10 Cam Fire 15 San Gabriel Colte e 5 Partner Staff Meetin 14 Inland Valle Justice Center 33 Famil Wellness Fair Meetin 19 Women on the Move 12 San Bernardino Probation Board 10 Martial Arts Class 7 IE Marria a Famil Wellness 1 Communit Closet Giveawa 56 Sweet Treat Event 44 Golden A e 2 Beaut For Ashes Ea le's Wins 96 TOTAL 568 The table below summarizes the Clients Served by Each Agency Housed at the RCFRC for the month of February. A encies in Cubicles Clients Served Touch Ministries 18 Beaut for Ashes 28 House of Ruth 23 Ea les Wins 20 Para Los Ninos 30 Inland Valle Justice Center 31 TOTAL 149 Volunteers: • The table on the following page summarizes the Community Services Department's volunteer usage for the month of January 2009. P138 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 6 MARCH 18, 2009 Division January 2008 # of # of Vols. Hours $ Value* January 2009 # of # of Vols. Hours $ Value** Administration 5 15 $296 5 15 $330 Senior Services 132 1,507 $27,748 150 1,652 $36,294 Human Services 31 98 $1,935 27 168 $3,691 S orts 123 1,494 $29,492 158 1,454 $31,944 S ecial Events - - $0 - - $0 Performin Arts 86 754 $14,884 65 511 $11,227 Teens 27 148 $2,922 9 124 $2,724 Youth Pro rams - $0 14 49 $1,077 Totals 404 4,016 $79,276 428 3,973 $87,287 'Based on $19.74/hour-State ave2ge as determined the California Independent Sector. "Based on $21.97/hour-State average as determined the California Independent Sector. Youth Sports: The table below summarizes Youth Sports Activities for the February reporting period: Activit #Partici ants A e/Gender # Teams Northtown Teen Vol. Club NTVC Meetin 18 6 - 12 grade N/A Northtown Hip-Hop 7 7-14 boys and iris N/A Youth Track and Field 60 6-14 boys and irls N/A Youth Volle ball 0 7-16/ ilrs 0 Pee Wee Winter Basketball 220 3-5/bo s & iris 24 CMS Judo 7-12 girls & boys N/A Youth Basketball 720 6-15 girls and bo s 86 RC Family Sports Center: The table below provides drop-in/open plat/ and rental participation at the Center for the reporting period: Activit #Partici ants Adult Basketball 663 Youth Basketball 766 Adult Rac uetball 513 Youth Ra uetball 86 Adult Walle ball 4 Youth Walle ball 53 Jazzercise 1,095 Rentals 1,123 Youth Judo 169 Team Basketball Practice 1,130 P139 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 7 IVIARCI-I 18, 2009 Adult Sports: The table below summarizes adult sport activities for the reporting period: Activit #Partici ants # Team Gender Softball 2,284 166 Males & Females Adult Basketball 240 30 Males Racquetball Soccer Tennis 18 279 9 N/A 28 N/A Males & Females Males & Females Males There were three Adult Softball Tournaments during the month of February at the Epicenter. Special Events: Staff is busy scheduling entertainment for the upcoming springtime at the Movies in Victoria Gardens, as well as lining up summer entertainment for our annual Movies and Concerts in the Park programs. Cultural and Performing Arts: • The table below summarizes Theatre Arts Academy classes during the reporting period: Activit Partici ants/Attendance Teen Actors Bootcam 62 Sin in for a Lifetime 15 Broadwa Babies 49 Youth Theater Worksho 71 Theater Games 14 Show Sto ers 88 Intro. Video Production 7 RC Adult Choir 23 Total 329 • Community Theatre rehearsals included the following during the reporting period. Activit Partici ants/Attendance Sweeney Todd 250 Court Yard Programs Included the following during the reporting period: Activity Participants/Attendance Frog & Toad Festival 700 Rental Activities: • The table below and on the following page summarizes rental activities in Celebration Hall at the Cultural Center for the reporting period: Celebration Hall Rental Events Date Event Attendance 2/4/09 IEEP Breakfast 45 P140 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 8 MARCH 18, 2009 Celebration Hall Rental Events Date Event Attendance 2/5/09 APUNTL Trainin 100 2/10/09 Council Goal Settin Meetin 24 2/11/09 Valentines Pro ram -Libra 100 2/13/09 Don Kurth for Ma or Luncheon 200 2/15/09 NASCAR Event 500 2/21/09 Real Estate Seminar 180 2/23/09 Meetin -Libra 20 2/24/09 Meetin -Libra 20 'TOTAL ;.;_ ,,,. ., 1,153`•.. 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. Please Note: The table below reflects number of tickets sold /or various performances during the reporting period. It does not reflect actual patrons in attendance. ~ Lewis- Famil Pla house Professioriall Presented Productions NUMBER SHOW DATE Tickets Sold OF EVENTS A Year With Fro & Toad 2/3-2/5/09, 2/7-2/8/09, 2/10-2/14/09 8,305 18 Sweene .Todd 2/26/09, 2/27/09, 2/28/09 923 3 Public Lobby: The Lobby to the Victoria Gardens Cultural Center is open to the public seven days a week. During the reporting period, local residents visited the public areas. Public Lobby Total: 837 Parks: The table below and on the following page provides usage information for park picnic shelters and special use facilities for the month of February 2009: Park/Shelter Attendance # Rentals Red Hill 527 15 Herita a 151 3 Milliken 28 1 Hermosa 106 4 Da Creek 67 2 Co ote Can on 0 0 Civic Center Court and 0 0 Am hitheatre 0 0 TOTAL 879 25 Equestrian Participants:187 S ectators:50 5 Equestrian participants include drop-in use. P141 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 9 Mnxc~-i 18, 2009 Park monitors keep daily reports of activities in our parks, often helping out residents in need of assistance. Equestrian Center: Staff continues to meet quarterly with users of the Eouestrian Center (Alta Loma Riding Club, Rancho Rebels 4-H, Rising Stars of Equestrian Therapy and Rancho Cucamonga Citizen Mounted Patrol) to address maintenance needs and programming. Epicenter Rentals/Activities: The following rental events took place at the Epicenter during the month of February 2009: Date Or anization Event Location Februa 4 Sorts Chalet Vendor Fair Concourse Staff is working with a number of organizations for 2009 rental events at the Epicenter. The table below outlines those potential activities: Date Or anization Event Location April 11 Rancho Specialty Walk Against Obesity Parking Lots A & B and Hos ital adjacent Cit streets April 25 Multiple Sclerosis Walk MS -for the Parking Lots A & B and Society Prevention of Multiple adjacent City streets Sclerosis May 9 RC Quakes Battle of the Baseline Stadium Lea ue May 21~ Community Services Playschool Graduation Stadium De artment Ma 30 RC Quakes Scout Slee Over Baseball Field June 4 and Inland Valley Daily Practice/High School Stadium June 8`" Bulletin All Stars Game June 10 Rancho Cucamonga Graduation Ceremony Stadium Hi h School July 4 Community Services 4 of July Celebration Stadium De artment August 23` Pacific Coast Baseball Championship Games Stadium Lea ue October 3` RC Quakes Christian Rock Concert Stadium October 9 - Rancho Cucamonga Tentative: Grape Special Event Lot 11`h Chamber of Commerce Harvest Festival October 17 Alzheimer's Association Memory Walk Parking Lots A & B and adjacent Cit streets Park and Recreation Commission: The Park and Recreation Commission next meeting will be held on Thursday, March 19, 2009. Items agenized to be discussed/acted upon at this meeting include: - Discussion regarding Commissioner's attendance at the 2009 California and Pacific Southwest Recreation and Park Training Conference (CPRS) held March 3-6, 2009, in Santa Clara, California. - Discussion regarding private management of skate park facilities. P142 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 10 MARCH 18, 2009 - Consideration of modification to the Sports Field policy for new user youth groups - Senior Advisory Committee update. - Sports Advisory Committee update. - Update on Central Park Phase II. Rancho Cucamonga Community Foundation: The Community Foundation continues to work securing significant donations for the Victoria Gardens Cultural Center. The Community Foundation Board met March 10, 2009. The following items were agendized for discussion/action at this meeting. - Update on the Season Announcement Event. - Update on the 2009 Community Foundation Golf Tournament to be held November 16, 2009, at the Red Hill Country Club. - Update on the 2009 Gala for the Arts to be held on May 16, 2009 at the Cultural Center. - Update on a Special Benefit Performance at the Lewis Family Playhouse for the 2009/2010 Season. - Discussion regarding the Community Foundation's support for the 2009/10 fiscal year. - Request for approval of affiliate status for the City's Armed Forces Banner Program. - Update regarding grant submittals. - Discussion regarding the Community Foundation's by-laws governing Members' attendance. - Review of the Community Foundation's schedule of meetings for the period of March through June 2009. - Discussion of items for the Community Foundation's annual Board meeting to be held on June 10, 2009. Respectfully/su miffed, ,~` / !'~ j/ ll ,c ~r Kevin McArdle Community Services Director I:ICOMMSERV~Council&Boardsl CityCouncillStaNReports120091CSD. Update3.19.09. doc STAFF REPORT COMMUNITY SERVICES DEPAR'T'MENT Date: March 18, 2009 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 RANCHO ~UCAMONGA Subject: APPROVAL OF A REQUEST FROM THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (AQMD) FOR A WAIVER OF FEES FOR USE OF THE EPICENTER SPECIAL EVENT AREA ON FRIDAY, MAY 8T" AND SATURDAY, MAY 9TH 2009, TO CONDUCT THEIR ELECTRIC LAWN MOWER EXCHANGE EVENT RECOMMENDATION: It is recommended that the City Council approve the use of the Epicenter Special Event Area on Friday, May 8`h and Saturday, May 9~' by South Coast Air Quality Management District (AQMD) for their Electric Lawn Mower Exchange Event and waive associated rental fees. BACKGROUND/ANALYSIS: The City has received a request from the South Coast Air Quality Management District (AQMD) to hold their Electric Lawn Mower Exchange event at the Epicenter again this year. Through this program, residents can exchange their operable, gasoline-powered lawn mowers for a zero emission cordless electric lawn mower provided by the AQMD for the cost of $100.00. This year AQMD is offering a choice of two makes and three models of lawn mowers to the consumers. AQMD is proposing to move onto the Epicenter site on Friday, May 8`h for set up between 10:00 a.m. and 1:00 p.m., so the trailers of new mowers and dumpsters that will receive the old mowers can be set up in advance. AQMD will provide private security overnight at the site to safeguard their equipment and supplies. AQMD staff will be on site starting at 6:00 a.m. on Saturday, May 9~' to finish their set-up. The actual event will be open to the public (participants must be able to show proof of residence in AQMD's service area --all of Orange County, and major portions of Los Angeles, San Bernardino and Riverside counties) on Saturday, May 9`h from 8:00 am until 12-noon. AQMD will clean up the site and move out their equipment by 3:00 pm. Like last year, participants are required to pre-register to take advantage of this opportunity. AQMD estimates that nearly 800 San Bemardino residents will participate in the event in Rancho Cucamonga. Staff recommends that the City Council waive the fees associated with the proposed Electric Lawn Mower event hosted by AQMD, as this event will help residents "clean the air that we breathe". FISCAL IMPACT: The fiscal impact to the City for the waiver of rental fees associated with this event is $2,000. AQMD would still be required to provide evidence of liability insurance as well as an additional endorsement naming the City of Rancho Cucamonga as additionally insured for the event. P143 Community Services Director IICOMMSEFVIf JMBOVOSIGyCwmcilSleHReryrISUWTWa4e,AOMDJ1808 tloc P144 .STAFF REPORT PLANNNG DEPARTMENT RANCHO C,UCAMONGA Date: March 18, 2009 To: Mayor and Members of the City Council From: James R. Troyer, AICP, Planning Director By: Daniel Correa, Assistant Planner Subject: CONSIDERATION OF A PUBLIC CONVENIENCE OR NECESSITY DETERMINATION - DRC2009-00095 - NIDAL SAMAAN - A request to issue a Public Convenience or Necessity determination for a Alcohol Beverage Control Type 21 off-sales beer, wine, and distilled spirits license fora convenience mini-market, located on the northeast corner of Milliken Avenue and 4th Street, within the Industrial Park District, Subarea 12, at 9635 Milliken Avenue - APN: 0229-341-23. 'RECOMMENDATION: Staff recommends.that fhe.City Cotincif.approve the determination of Public Convenience`dr Necessity for Milliken Market through the adoption of the attached Resolution of Approval, and forward a copy to the Department of Alcoholic Beverage Control (ABC). ANALYSIS A. Background: Millikeh Market is located at the nbrtheast corner of Milliken Avenue and 4th Street, as shown on the attached Project Area Map (Exhibit A). The applicant's establishment sells general groceries products, such as meat, produce, and packaged goods. The applicant will not sell videos or have coin-operated amusement devices. The market will be open seven (7) days a week, Monday through Thursday and on Sundays, 8:00 a.m. to 10:00 p.m., Friday and Saturday, 8:00 a.m. to 11:00 p.m. B. Planning Commission Actions: On December 10, 2008, the Planning Commission considered the appeal of the Planning Director's decision to deny Conditional Use Permit DRC2008-00616 with a Type 21 Liquor License, sales of distilled spirits. The denial was based on the fact that Census Tract 0021, where the business would be located, is overly saturated with Type 21 licenses. The Planning Commission upheld the applicant's appeal on the grounds that despite the over saturation of Type 21 Liquor Licenses in Census Tract 0021, the proposed convenience market with sales of distilled spirits is in a commercial zone and therefore will enhance the City's economy.. Furthermore, the Commission upheld the appeal based on the fact that the closest Type 21 licensee is two miles from the business location and that most of the Type 21 Liquor License holders are south of the proposed business site in the City of Ontario. On December 10, 2008, the Planning Commission directed Staff to write an appropriate Resolution, which was done and then it was brought back to the January 14, 2009 Planning Commission Hearing for formal adoption (Exhibit D). P145 CITY COUNCIL STAFF REPORT DRC2009-00095-MILLIKEN MARKET March 18, 2009 Page 2 C. Requirements from Department of Alcohol Beveraoe Control: The Department of Alcoholic Beverage Control (ABC) regulates the distribution of liquor licenses by setting limits on the various types of licenses in each census tract. The limits are calculated based on the ratio of liquor licenses to population of the census tract. According to ABC staff Census Tract 0021 is overly saturated with distilled spirits in the general geographic area where the proposed liquor store will be located. ABC has confirmed that presently there are 35 active liquor licenses. The alcohol census tract allotment for this area is 16. The subject area has an excess of 19 liquor licenses; and thus necessitates a finding of Public Convenience or Necessity. The legislation purposely left the term Public Convenience or Necessity undefined, so that the local legislative body, in this case the City Council, would have the greatest latitude for discretion based on the local conditions and circumstances. D. Facts To Support A Public Convenience or Necessity Determination: The. following are facts to support the requested Public Convenience or Necessity.. •Fact: A retailer of alcoholic beverages, package foods, and general household items is a common and accepted business. Fact: The site is located at the northeast corner of Milliken Avenue and 4th Street; Milliken Avenue is designated as a major thoroughfare and the site is suited for this type of business. Fact: The census tract, 0021, in which the site is located, also includes the Ontario - Mills shopping center, which has a large number of 'restaurants with alcohol licenses. The Ontario Mills shopping center is physically separated from the majority of residential neighborhoods in Rancho Cucamonga by an industrial district, greatly diminishing potential negative effects that an additional alcohol license will have on the City's residential neighborhoods. Fact: The site is not close to sensitive users, such as day care facilities, schools, and/or churches. Fact: Rancho Cucamonga residents would be afforded more convenient shopping opportunities with the addition of a ABC Type 21 Liquor License to the market's proposed selection of groceries, packaged foods, and general household items. CONCLUSION: Based on the above analysis, staff finds that the off-sale of distilled spirits license (Type 21) at the site will not have a negative impact to the surrounding uses. P146 CITY COUNCIL STAFF REPORT DRC2009-00095-MILLIKEN MARKET March 18, 2009 Page 2 Respectfully submitte~d;^'~~ J~~ ~ ~~ 0 James Troyer, AICP Planning Director JT: DC\ds Attachments: Exhibit A -Project Area Map Exhibit B -Aerial Exhibit C -Census Tract Map Exhibit D -Staff Report, dated January 14, 2009; Exhibit E -Approved Resolution 09-06 and Conditions, dated January 14, 2009 Exhibit F -Approved Minutes, dated January 14, 2009 Exhibit G -Staff Report and Planning Commission. Minutes, dated December 10, 2008 Draft Resolution Approving Public Convenience or Necessity DRC2009-00095 EXHIBIT - A CITY OF ONTARIO P149 m \ ©© - ,o ~~ G ~ m _.. ~ _.. m o ~LL~ rn m `~ m ~ 'S rn , \ O to 2 , •. . p N ap O '~ ~.~ .p - r = .. N r ;, p , p r~ N N p ; ;p / ~ ~ r , ; O , ~~ ~' i O r r t, w } ~ - I I +~ !d 1_ ' .. - ~ ~ ~ V a S ~ - n ~~ . U1 III .e. p ` F p .~. ~ ~ _1 f + h A 'tKi p r ' 4 ~ :~ - s. a O _ , h -. t.; ~~ ' ,' µr1, ~ ,,, ' ~ ~~ N ~. ~ p t 1 ' ~ ~ ~ '~ xr ~ ~ ~ . ~' <y ~ ~ ~' ~y , ~ -~ \~ ., ~I } ~ ~ }_ p T r O ` ~ p J O' ~ <;N ~~ ;' h f- i N ~ O ~ ~ '~ i I . ~ P= r . i ~, O ~; i ~f p . , ' ~ iY1 ....i O / ~. ~. I ~~~ O EXHIBIT - G STAFF REPORT P150 PLANNING DEPARTMENT ~il~ RANCxo Date: January 14, 2009 C,,UCAMONGA To: Chairman and Members of the Planning Commission From: James R. Troyer, AICP, Planning Director By: Daniel Correa, Assistant Planner Subject: CONSIDERATION OF APPEAL OF A PLANNING DIRECTOR DECISION TO DENY CONDITIONAL USE PERMIT DRC2008-00616 - MILLIKEN MARKET (NIDAL SAMAAN) - An appeal of a Planning Director decision to deny an application for a convenience market store with sales of distilled spirits, located on the northeast corner of Milliken Avenue and 4th Street, within the Industrial Park District, Subarea 12, at 9635 Milliken Avenue. CONTINUED FROM DECEMBER 10, 2008. BACKGROUND: The applicant proposed to operate a convenience market with the sale of distilled spirits in the Town Place Square shopping center located on the northeast corner of Milliken Avenue and 4~h Street at 9635 Milliken Avenue. The Planning Director considered the application and denied the request. The applicant subsequently filed a timely appeal which was considered in a duly noticed public hearing at the Planning Commission meeting of December 10, 2008. At that meeting, the Planning Commission reviewed the application and unanimously upheld the appeal, thus approving the request. The Commission directed staff to bring back an appropriate resolution for action. The item was continued to the meeting of January 14, 2009 to allow time for staff to prepare the resolution including specific conditions for Commission action. CORRESPONDENCE: Because the public hearing was continued to this date specific; no additional advertising was required. Staff has not received any calls or correspondence related to the project proposal. RECOMMENDATION: Staff recommends the Commission review and adopt the draft resolution and related conditions. Respectfully submitted, ~- . Jam R. Troyer, AICP, Planning Director JRT/DC/LS i~ y Attachment: Draft Resolution of Approval for Conditional Use Permit DRC2008-00616 EXHIBIT ~® P151 RESOLUTION NO. 09-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPEAL OF THE APPLICANT AND APPROVING THE CONDITIONAL USE PERMIT DRC2008-00616, A REQUEST TO OPERATE A CONVENIENCE MARKET WITH SALES OF DISTILLED SPIRITS ON THE NORTHEAST CORNER OF MILLIKEN AVENUE AND 4TH IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 12); AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0229-341-23. . A. Recitals. 1. Mr. Nidal Samaan, filed an application for the issuance of Conditional Use Permit DRC2008-00616, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 25th day of August 2008 and on the 23rd day of October 2008 the Planning Director of the City of Rancho Cucamonga denied the application with the appropriate findings enumerated and informed the applicant of their right to appeal under prescribed procedures. 3. The decision represented by said Planning Director determination was appealed in a timely manner to this Commission. 4. On December 10, 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the appeal and continued the hearing to the January 14, 2009 meeting. 5. On January 14, 2009, the Planning Commission of the City of Rancho Cucamonga concluded the public hearing on the application. 6. All legal prerequisites prior to the adoption of this Resolution have occurred. 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 December 10, 2008 and continued to January 14, 2009, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a site that is located on the northeast corner of Milliken Avenue and 4th Street in the Industrial Park district (Subarea 12); and EXHIBIT E , PLANNING COMMISSION KESOLUTION NO. 09-06 DRC2008-00616 - MILLIKEN MARKET January 14, 2009 Page 2 b. The proposed site is presently developed with commercial, retail, and professional buildings; and c. The most recent application proposes the establishment of a convenience market with sales of distilled spirits; and d. The proposal is for a convenience market with sales of distilled spirits which requires a Conditional Use Permit pursuant to Rancho Cucamonga Municipal Code, Title 17, Development Code Section 17.30.030; and e. The applicant's business will occupy approximately a 1,950 square foot unit of a six-unit building, located on the northeast corner of Milliken Avenue and 4th Street. The other five units are commercial/retail and professional office uses, such as a dentist office, financial services office, dry cleaner, nail salon, and an orthopedic foot service. In addition to selling distilled spirits, the market will sell a large amount of non-alcoholic beverages, such as groceries, a variety of packaged food, soft drinks, and ice; and f. The business will be open seven days a week: Monday through Thursday and on Sundays, 8:00 a.m. to 10:00 p.m.; Friday and Saturday, 8:00 a.m. to 11:00 p. m. The proposed business hours are consistent with the usual retail work'hours. There will be two employees during business hours at all times and no employee will be under 21 years of age; and g. 37% (percent) of the maximum floor area will be strictly reserved for sales of distilled spirits and 63% (percent) of the floor area will be for general market items; and h. The applicant is not proposing extra floor area to the existing shopping center; therefore, the market will not require any additional parking spaces above and beyond that which is required by the shopping center as a whole; therefore, the proposed business does not have a negative effect on the rest of the shopping center; and i. There are no public safety concerns. A records check with the Department of Alcoholic Beverage Control regional office and with the City of Rancho Cucamonga Sheriff Department confirms that there is no history of disciplinary actions or infractions against Milliken Market since it is a new business establishment. 3. Based upon the substantial evidence presented to the Planning Director during the above-referenced public hearing, and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, the Planning Commission hereby finds and concludes as follows: a. The proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located; and b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and P152 c. The application, which contemplates operation of the proposed use, complies with each of the applicable provisions of the Development Code. PLANNING COMMISSION «ESOLUTION NO. 09-06 DRC2008-00616 - MILLIKEN MARKET January 14, 2009 Page 3 4. Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301 which covers the permitting of existing facilities whose use requires a special permit.. Because the applicant only proposes to utilize an existing unit of multi-tenant building, there is no substantial evidence that the project will have a adverse effect on the environment. The Planning Director has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, the Planning Director hereby approves the application, subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Panning Department: P153 1) Approval is granted for an approximately 1,950 square foot unit convenience market, located at 9635 Milliken Avenue. 2) Throughout the life of the business 37% (percent) of the maximum floor area will be strictly reserved for sales of distilled spirits and 63% (percent) of the floor area shall be at all times sales of general market items. 3) The licensee shall at all times maintain records which reflect separately the gross sale of groceries, food, and non-alcoholic beverages, and the gross sales of distilled spirits and alcoholic beverages. The said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Planning Department on demand. 4) There shall be no change or modifcation of the floor plan without prior review and approval by the Planning Director. A copy of the approved floor plan is attached to this resolution and the full sized plan shall remain on file. 5) The days and hours of operation shall be limited to 8:00 a.m. to 10:00 p.m., Monday through Thursday and on Sunday; .and 8:00 a.m. to 11:00 p.m. Friday and Saturday. 6) Business sign(s) shall comply with the existing Uniform Sign Program of Town Place Square Center. The text of the signs shall be limited to the name of the business and all signs describing products or services provided by the business shall be prohibited. Furthermore, prior to the building permit issuance, a sign package PLANNING COMMISSION KESOLUTION NO. 09-06 DRC2008-00616 - MILLIKEN MARKET January 14, 2009 Page 4 shall be reviewed for approval by the Planning Director prior to installation. Advertising shall be in conformance with the City's Sign Ordinance. -• 7) The applicant shall discourage loitering in front of the store and the adjacent parking area and keep those areas free of trash. 8) Approval of this request shall not waive compliance with any sections of the Uniform Building Code, City Ordinances, San Bernardino County Health Department, and/or California State Department of Alcoholic Beverages Control (ABC). 9) The business shall operate in conformance with the performance standards as defined in the Development Code including, but not limited tp, noise levels. If the operation of the facility causes adverse effects upon adjacent businesses or operations, the Conditional Use Permit shall be brought before the Planning Director for consideration and possible termination of the use. 10) Any modification of the operating hours or days or any intensification of the use beyond what is specifically approved by this Conditional-Use Permit shall require review and approval by the Planning Director. 11) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 6. The Secretary of the Planning Commission of the City of Rancho Cucamonga is hereby directed to certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF JANUARY 2009. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA Richard B. Fletcher, Chairman ATTEST P154 PLANNING COMMISSION rCE50LUTION NO. 09-06 DRC2008-00616 - MILLIKEN MARKET January 14, 2009 Page 5 I, James R. Troyer, AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby 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 14th day of January, 2009 by the following vote-to-wit: P155 AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE P156 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: DRC20080-00616 SUBJECT: NON CONSTRUCTION CONDITIONAL USE PERMIT APPLICANT: MILLIKEN MARKET LOCATION: 9635 MILLIKEN AVENUE - APN: 0229-341-23 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH.THE FOLLOWING CONDITIONS: A. General Requirements comoiet;on Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its _/_/_ agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 09-06, Standard _/_/_ Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The _/_/_ project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: Notice of Exemption - 560 X B. Time Limits 1. Conditional Use Permit approval shall expire if building permits are not issued or approved use _/_/_ has not commenced within 5 years from the date of approval. No extensions are allowed. SC-12-OS I:\PLANNINGIFINAL\PLNGCOMM\2009 Res & StfRpt\DRC2008-00616stndcondl-14.doc Project No.DRCZOOS-rP157 Comoletion Date C. Site Development 1. Prior to any use of the project site or business activity being commenced thereon, all Conditions _/ / of Approval shall be completed to the satisfactiori of the Planning Director., -- 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and _/_/_ State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. D. Signs 1. The signs indicated on the submitted plans are conceptual only and not a part of this approval. _/_/_ Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Department prior to installation of any signs. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) E. General Requirements 1. Submit five complete sets of plans including the following: / / a. Site/Plot Plan; , b. Foundation Plan; c. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Department Project Number (i.e., DRC2008-00616) clearly identified on the outside of all plans. 2: Submit two sets of structural calculations, energy conservation calculations, and a soils report. -/-/- Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers' Compensation coverage to / / the City prior to permit issuance. --- 4. Separate permits are required for fencing and/or walls. / / 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the / / Building and Safety Department. --- 6. -Developers wishing to participate in the Community Energy Efficiency Program (CEEP) can _/ /_ contact the Building and Safety Department staff for information and submittal requirements. 2 I:\PLANNING\FINAL\PLNGCOMM\2009 Res & StfRpt\DRC2008-00616stndcondl-14.doc Project No.DRCZOOa-op7 58 Completion Date F. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be marked with the project file number (i.e., DRC2008-00616). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. . 2. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday through Saturday, with no construction on Sunday or holidays. APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: - G. Security Lighting 1. All buildings shall have minimal security lighting to eliminate dark areas around the buildings, with direct lighting to be provided by all entryways. Lighting shall be consistent around the entire development. H. Building Numbering 1. Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime visibility. I. Alarm Systems Install a burglar alarm system and a panic alarm if needed. Instructing management and employees on the operation of the alarm system will. reduce the amount of false alarms and in turn save dollars and lives. APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR CONDITIONS -~-~- -~-~- -~-~- -~-~- -~-~- 3 I:\PLANNINGIFINAL\PLNGCOMM\2009 Res & S[fRpt\DRC2006-00676stndcondl-14.doc CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting January 14, 2009 Chairman Fletcher called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:40 p.m. The meeting was held in the Council Chambers at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. ROLL CALL COMMISSIONERS: PRESENT: Richard Fletcher, Frances Howdyshell, Lou Munoz, Pam Stewart; Ray Wimberly ABSENT: None STAFF PRESENT: Daniel Correa, Assistant Planner; Steven Flower, Assistant City Attorney; Steve Fowler, Assistant Planner; Dan James, Senior Civil Engineer; Mayuko Nakajima, Assistant Planner; Corkran Nicholson, Assistant Planning Director; Lois Schrader, Planning Commission Secretary; Denise Sink, Office Specialist II; James Troyer, Planning Director; Tabe Van der Zwaag, Associate Planner ANNOUNCEMENTS None ~ ! M I ! APPROVAL OF MINUTES Motion: Moved by Wimberly, seconded by Stewart, carried 5-0, to approve the minutes of December 10, 2008 as amended by Stewart, page 4. ..«.. PUBLIC HEARINGS A. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT - DRC2008-00512 - TAMCO STEEL -JACK BURDETTE - A request to demolish and replace two industrial buildings: First a 6,500 square foot bag house air filtering system will be demolished and replaced with a 16,781 square foot bag house air filtering system. Second an 11,778 square foot electrical substation building will be demolished to allow for the construction of a 21,840 square foot electrical substation building. This will allow for an increase of production at the existing TAMCO Steel Plant on approximately 80 acres of land in Sub area 15 of the Industrial Specific Plan in the Heavy Industrial (HI) Development District, located at 12459-B Arrow Route APN: 0229-121-35. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Steve Fowler, Assistant Planner, presented the staff report. P159 EXHIBIT F Chairman Fletcher opened the public hearing Jack Burdette, project manager for Tamco Steel, introduced himself and said he is available for questions. Chairman Fletcher asked if with greater efficiency and with increased production, would there also be more employees in the future. Mr. Burdette said that some additional employees would be added but not proportionate to the added tonnage of steel production. Seeing and hearing no further comment, Chairman Fletcher closed the public hearing. Commissioner Howdyshell complimented staff on the detailed report. She said it included a great amount of technical information and she did not see anything negative about the request. Commissioner W imberly remarked that the technology they are using is remarkable and he sees no problem with it. Commissioner Stewart remarked that the technology is significant and that some of this is so they can comply with State and Federal regulations and it is a straightforward project. Vice Chairman.Munoz said this is a good thing in that it will improve the air quality and increase production and the number of jobs. He expressed support. Chairman Fletcher said he agrees with staff's recommendation and commended the applicant for expanding their capacity and efficiency in this economy; it will be a benefit in the future. Motion: Moved by Munoz, seconded by Stewart, to adopt the resolution approving Conditional Use Permit DRC2008-00512 and to adopt a Mitigated Negative Declaration of environmental impacts. Motioh carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: NONE ABSENT: NONE -carried k f R R B. ENVIRONMENTAL ASSESSMENT AND TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2008-00761 - LEW IS OPERATING CORP. - A request to reduce the front-to-front building separation from 30 feet to 16 feet and the side-to-side building separation requirement from 15 feet to 8 feet for two story buildings within the Medium-High Residential Development District (14-24 d!u per acre) of the Terra Vista Community Plan. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. C. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18710 -LEWIS OPERATING CORP. - A request to subdivide a partially developed lot of 20.69 acres into two lots for condominium purposes within the Medium-High (MH) Development District (14-24 d/u per acre) of the Terra Vista Community Plan on the north side of Church Street and east of Milliken Avenue - APN 0227-532-16. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. D. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AND DESIGN REVIEW DRC2008- 00306 -LEWIS OPERATING CORP. - A request to construct amulti-family housing development consisting of 241 units on 15.69 acres of land within the Medium-High (MH) (14- Planning Commission Minutes -2- January 14, 2009 P160 24 d/u per acre) Development District.of the Terra Vista Community Plan on the north side of Church Street and east of Milliken Avenue -APN: 0227-532-16. Staff has prepared a Mitigated Negative Declaration of environmental impacts.for consideration. E. VARIANCE - DRC2008-00762 - LEW IS OPERATING CORP. - A request to construct walls with a calculated height of up to 10 feet high related to the development of 241 unit condominiums (DRC2008-00306) located within the Medium-High (MH) Development District (14-24 d/u per acre) of the Terra Vista Community Plan on the north side of Church Street and east of Milliken Avenue -APN 0227-532-16. Tabe van der Zwaag, Associate Planner, presented the staff report and a power point presentation on the proposed project. Commissioner Howdyshell complimented staff on the great presentation. She asked how many units would be single-story. Mr. van der Zwaag estimated one per block. Vice Chairman Munoz concurred that it was a great report. Chairman Fletcher opened the public hearing John Young of Lewis Operating Corp. estimated 18.single story units on the site. He gave a powerpoint presentation highlighting the amenities, building design and architecture (created a Spanish enclave), the paired product concept, the generous square footage of the units, a self managed parking program, and special landscape features. Commissioner Howdyshell asked for a description of the wind and rain gardens. Rick Polhamus of Sightscapes stated the rain garden is to inspire and it is notjust a water basin; the rain trickles in and then perks into the water pathways from decorative heads and there will be signage about water re-use. He said the wind garden has long ornamental grasses that rustle in the wind like a wheat field. He reported that it also features kinetic art that spins and moves in the wind, demonstrating how wind can generate energy and it includes large boulders and pathways. Chairman Fletcher confirmed there would not be a huge windchime. He also asked aboutthedepth of the water. He asked about their rental percentages and the lowering of rents. Mr. Polhamus assured him that was not the case, no huge chimes will be installed. He said the water would be about 4 inches deep. He reported that they have a goal to be about 95%filled and they have reduced their rents over the last six months. He said this is a very desirable City to live in and their apartments are fairly high-end. He said they are already renovating their older properties to make sure the assets they own are kept in good condition. Commissioner Howdyshell complimented Bob Karatz, Director of Broker Relations, of their organization, because he always promotes their rental properties and gets the word out to all the various real estate organizations. Commissioner Wimberly asked if they perform price comparisons and if they would consider roll backs. Mr. Young said they are considering a program similar to the airlines whereby the rental price is re- set everyday. He said they are getting away from the other incentives and it will be based upon demand. P161 Planning Commission Minutes -3- January 14, 2009 Chairman Fletcher asked about his experience with tenant utilization of all those amenities. Mr. Young said at Homecoming it is pretty strong, some are more used than others such as the pool and fitness center. He said they are evaluating some facilities and programs. He said they use security cameras to evaluate the use of their fitness center and they may consider expanding the current area for that to accommodate the new added units. Chairman Fletcher closed the public hearing. Commissioner Howdyshell said she had visited the community several times and that it is a first class development. Commissioner W imberly said he looks forward to the next phase being completed and agreed that it is a first class job. Commissioner Stewart said they went to DRC and it came out great. She liked the addition of the wind and rain gardens. Vice Chairman Munoz agreed and he gave the applicant compliments for taking care of the issues Chairman Fletcher said it is a nice project. He confirmed that the applicant has read and agrees with all the conditions of approval. Mr. Young indicated that they do agree. Motion: Moved by Munoz, seconded by Stewart, to adopt the resolution recommending approval of Terra Vista Community Plan Amendment to be forwarded to the City Council for final action and to adopt the resolutions approving Tentative Tract Map SUBTTi 6710, Development and Design Review DRC2008-00306 and Variance DRC2008-00762 and to adopt the Mitigated Negative Declaration of Environmental impacts as presented by staff. Carried by the following vote; AYES: ~ FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: NONE ABSENT: NONE -carried ..... CONSIDERATION OF APPEAL OF A PLANNING DIRECTOR DECISION TO DENY CONDITIONAL USE PERMIT DRC2008-00616 - MILLIKEN MARKET (NIDAL SAMAAN) - An appeal of a Planning Director decision to deny an application for a convenience market store with sales of distilled spirits, located on the northeast corner of Milliken Avenue and 4th Street, within the Industrial Park District, Subarea 12, at 9635 Milliken Avenue. CONTINUED FROM DECEMBER 10, 2008. Chairman Fletcher noted that this is a continued hearing. Daniel Correa, Assistant Planner gave the staff report. Mike Rue stated he is here on behalf of the applicant. He said they are in agreement of all the conditions of approval. Chairman Fletcher closed the public hearing. P162 Planning Commission Minutes -4- January 14, 2009 P163 Motion: Moved by Munoz, seconded by Wimberly, to adopt the resolution of approval as presented by staff for Conditional Use Permit DRC2008-00616. Motion carried by the following vote: - AYES: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: NONE ABSENT: NONE -carried PUBLIC COMMENTS None {{{{{ COMMISSION BUSINESS AND COMMENT Vice Chairman Munoz complimented staff on their work on the historic projects and also thanked the Director for adding staff towards this effort. R { { { { ADJOURNMENT Motion: Moved by Munoz, seconded by Stewart. Carried 5-0, to adjourn. The Planning Commission adjourned at 8:30 p.m. to a workshop to be held in the Rains Room. The workshop adjourned at 9:40 p.m. and those minutes appear separately. ~ Respectfully submitted, J es R. Troyer, AICF~ 0 (~~ Secretary Approved: January 28, 2009 Planning Commission Minutes -5- January 14, 2009 P164 StaffReport DATE: December 10, 2008 TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, Planning Director BY: Daniel Correa, Assistant Planner SUBJECT: CONSIDERATION OF APPEAL OF A PLANNING DIRECTOR DECISION TO DENY CONDITIONAL USE PERMIT DRC2008-00616 - MILLIKEN MARKET (NIDAL SAMAAN) - An appeal of a Planning Director decision to deny an application for a convenience market store with sales of distilled spirits, located on the northeast corner of Milliken Avenue and 4th Street, within the Industrial Park District, Subarea 12, at 9635 Milliker Avenue - APN: 0229-341-23. PROJECT AND SITE DESCRIPTION• A: Surroundinc Land Use and Zoninc• North - Industrial Park, (Subarea 12) South - City of Ontario, California, Commercial/Retail East - Industrial Park, (Subarea 12) West - Mixed-Use, (Subarea 18) B. General Plan Desicnatioris: Project Site -Industrial Park Ndrth - Industrial Park South - City of Ontario, California, Commercial/Retail East - Industrial Park West - Mixed-Use BACKGROUND: The applicant proposed to operate aconvenience/liquor market at the Town Place Square shopping center. The proposed convenience/liquor market would consist of a customer counter, storage rooms, shelves and miscellaneous product freezers with square footages indicated as follows: Customer Counter: a. Candy, walnuts, and other small packaged foods: 35 cubic feet 2. Storage room: a. All non-refrigerated products stored: 604.76 cubic feet b. Walk-in cooler; i.e., refrigerator: 1,949.42 cubic feet EXHIBIT G PLANNING COMMISSION STAFF REPORT DRC2008-00616 - MILLIKEN MARKET December 10, 2008 Page 2 . 3. Wine, liquor, and non-alcoholic beverages to placed upon the sideboard shelves: a. Liquor: 28 cubic feet b. Non-alcoholic beverages: 12 cubic feet c. Wines (2 sideboards): 240 cubic feet 4. Coolers: a. Wine: 192.36 cubic feet b. Beer: 315 cubic feet c. Soda and water: 588 cubic feet d. Sandwiches and meat: 105 cubid feet 5. Ice box: 84 cubic feet 6. Ice cream freezers: 96 cubic feet 7. Four general item shelves: Items consist of Household items, canned and dry goods, health and beauty supplies, confections,. and school supplies: 768 cubic feet 8. - One restroom and one mop-sink room: 725.55 cubic feet Total cubic floor area: 37 percent will be reserved for alcoholic beverages and 63 percent will be reserved for general market items.. Site Characteristics: The Milliken Market store will be located on a 7.01-acre commercial/retail center at the northeast corner of Milliken Avenue and 4th Street. The proposed market, with liquot sales, will have a floor area of approximately 1,950 square feet, and it will occupy one of the six units on the pad. The other units are commercial/retail and professional office uses, such as a dentist office, financial services office, dry cleaner, nail salon, and an orthopedic foot service. Hours of Operation: The business proposes to be open 7 days a week, Monday through Thursday and on Sundays, 8:00 a.m. to 10:00 p.m., Friday and Saturday, 8:00 a.m. to 11:00 p.m. The proposed business hours are consistent with the usual retail work hours. There will be two employees during business hours at all times and no employee will be under 21 years of age. P165 P166 PLANNING COMMISSION STAFF REPORT DRC2008-00616 - MILLIKEN MARKET December 10, 2008 Page 3 Findinos: Development Code Section 17.10.030 allows, under a Conditional Use Permit and in accordance with the State of California, Department of Alcoholic Beverage Control (ABC), a liquor store use for the general sale of alcoholic beverages and distilled spirits (ABC, Type 21 License, off-site consumption) in the Industrial Park District (Subarea 12). However, according to ABC, Census Tract 0021 is overly saturated with distilled spirits sales in the general geographic area where the proposed liquor store will be located. ABC confirmed that currently there are 36 active liquor licenses within the City of Rancho Cucamonga. The census tract allotment for this area is 16; therefore, it is over by 20 liquor licenses. The boundaries of Census Tract 0021 is as follows: The northeast corner of Grove Avenue and Foothill Boulevard, east to Rochester Avenue; south to 4th Street, (City limits); west to Archibald Avenue; north to 8th Street; west to Grove Avenue, (City limits); and north to Foothill Boulevard (Exhibit B). This census tract to the west also encompasses part of the City of Upland and to the south, part of the City of Ontario. Staff informed the applicant that his proposed market location is overly saturated with liquor licenses; therefore, the Planning Department will not support an additional Type 21 Liquor License in Census Tract 0021. Applicant's Appeal: The applicant states in his Letter of Appeal that the proposed use (under Type 21 Liquor License) is less impacted than what Census Tract 0021 indicates.' He also mentions that ABC does not make a distinction amohg the liquor .license holders ih Census Tract 0021.. Furthermore, the applicant argues that, :while there are a total of 35 (origirially there were 36 Type 47 Licenses in Cehsus Tract 0021; however, one licensee cldsed his liquor business) active liquor licenses. The licenses, nevertheless, consist of a large variety; they are not all Type 21 Licenses. The applicant points out that there are only 12 that are comparable to what is proposed, which is selling distilled spirits under a Type 21 Liquor License. Two of these comparable uses (i.e., Type 21) are located outside of the City of Rancho Cucamonga. Orie is located in the City of Upland, the other in the City of Ontario. The remaining 23 business uses are Type 20 Licenses (beer and wine only) sales. The majority of the Type 20 License holders; i.e., sales are at automotive gas stations. The applicant contends that establishing a business of this nature would be an excellent addition to the Town Plaza Shopping Center. Moreover, the applicant feels that it would generate more business to the vicinity. The applicant states that launching this type of business in this depressed economy would boost sales to the surrounding businesses because it would bring about a broad customer base. This then strengthens the sales of the shopping center and overall vicinity and keeping the center financially sound. Additionally, the applicant argues that only 3 of the Type 21 Licenses are located within two miles of the proposed location. Of the Type 20 Licenses, only 5 are located within one mile and only 4 are located within two miles. The remaining 23 of the 35 are located further than two miles. Moreover, as is shown on the map (Exhibit B), in one area, 15 of the businesses are located within one mile of each other. The remaining are over two miles from the subject location. P167 PLANNING COMMISSION STAFF REPORT DRC2008-00616 - MILLIKEN MARKET December 10, 2008 Page 4 For further information, see the attached map (Exhibit B) and list (Exhibit C) outlining all businesses where alcoholic beverages and distilled spirits are sold in the Census Tract 0021. (Alcoholic Beverage Control, Type 21 License, off-site consumption) ANALYSIS: Staff recommended the denial of the applicant's request for a liquor store on August 25, 2008, and for a convenience store with sales of distilled spirits on October 23, 2008, for the following reasons: According to the California Department of Alcohol Beverage Control guidelines, most of the census tracts within the City of Rancho Cucamonga have reached or surpassed saturation Ievels..An over saturation of liquor licenses will affect the quality of life in that specific vicinity; in this case, Census Tract 0021. If the issuances of liquor licenses are not controlled, such conditions can threaten public health and safety, which will reduce the quality of life in the immediate and surrounding vicinities. The census tracts are established by the U.S. Census Bureau, using local committees. The Bureau defines a census tract as °a small, relatively permanent statistical subdivision of a county delineated by a local committee of census data users for the purpose of presenting data... designed to be relatively homogenous units with respect to population characteristics, economic status, and living conditions at the same of establishment, census tracts average. about 4,000 inhabitants." Thus, the key facts of census tracts are: • Census tracts are small, relatively permanent statistical subdivisions of a county or statistically equivalent entity. • The primary purpose of census tracts is to provide a stable set of geographic units for- the presentation of decennial census data. • Census tracts in the United States, (Puerto Rico and the Virgin Islands of the United .States) generally have between 1,500 and 8,000 people, with an optimum size of 4,000 people. • Census tracts are designed to be '•relatively homogeneous with respect to population characteristics, economic status, and living conditions. The authority to deny an applicant the request to sell distilled spirits is found in the California Business and Profession Code, Section: 23958.4, Sub-sections "a" and "a,(3)": a: For purposes of Section 23952, "undue concentration" means the case in which the applicant premises for an original or premises-to-premises transfer of any retail license are located in an area where any of the following conditions exist: a(3): As to off-sale retail license applications, the ratio of off-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of off-sale retail licenses to population in the county in which the applicant premises are located. Furthermore, a referral will be made to the local government by ABC in cases where ABC determines that there is an undue concentration of similar liquor licenses in the area for which an application for a new license (or a license transfer) has been made. The State of California Liquor Authority has given local government the authority to control the sales of alcoholic beverages. Based on this authority and P168 PLANNING COMMISSION STAFF REPORT DRC2008-00616 - MILLIKEN MARKET December 10, 2008 Page 5 after reviewing Census Tract 0021, staff determined that it is oversaturated with liquor licenses. Consequently, based on this information the Planning Director determined that a convenience market with sales of distilled spirits (Type 21 Liquor License) would be detrimental to the health and safety of the vicinity and overall community for the following reasons: The proposed convenience market with sales of distilled spirits is not consistent with the General Plan, Chapter V. Maintaining Public Health-and Safety, Section 1.2.7.2, Crime Prevention, of the General Plan: "Long range planning is key to maintaining the level of public safety our citizen's desire." The long term, goals of the Rancho Cucamonga Police Department include: Maintaining the current high level of services being provided, despite population and territorial growth.... There is a potential of increased crime with additional sales of distilled spirits that are geographically close in an overly saturated area. This type of proposed business has the potential of putting an additional burden on the patrol officers by taking up their time to maintain an orderly environment at the cost of depriving the rest of the City of adequate police services and patrol. 2. The proposed convenience market with sales of distilled spirits is not in accordance with the objectives of the Development Code. Chapter 17.30 (Industrial Districts) of the Development Code outlines the conditions under which specific businesses are approved. A major objective of this Chapter is to put the goals of the General Plan into action. Section 17.30.O10.A.6 of this Chapter lists the criteria.to be used in reviewing the proposed business use: Subsection A.6 states: When considering the appropriateness of a business, the "land uses shall be organized to avoid creating nuisances amohg adjacent )end uses." The proposed market with sales of distilled spirits is in direct conflict with this criterion acid the goals set forth in the General Plari. In staff's analysis, permitting an additional market with sales of distilled spirits will elevate the potential for increased crime and undesirable (human) behavior, which could have a direct conflict with the intent of Section 17.30.010.0.5 of the Development Code, which states: "provide a safe and healthy environment for workers, including adequate levels of police and fire protection." The intent of this section is to scrutinize and limit the number and extent of liquor sales businesses to avoid the possibility of creating a criminal element or environment. This is accomplished by regulating the amount of the aforesaid type of business. This would then attenuate public safety concentrated bn one specific business to keep peace and order, at the cost of neglecting the general citizens' safety by failing to provide adequate patrol. This would result in potentially increased crime in other parts of the City. Permitting additional sales of distilled spirits would be in conflict with this section of the Development Code. 3. The proposed market/liquor store, together with the conditions applicable thereto, will be detrimental to the quality of life and injurious to properties or improvements in the vicinity. An additional market with sales of distilled spirits will only create a negative effect to the immediate vicinity and overall community. Section 17.30.010 of the Development Code states that the purpose of the regulations in Chapter 17.30 is to "regulate the establishment of proposed uses and thereby protect the public health, safety, general welfare and quality of life in Rancho Cucamonga." Without complying with the Urban Design Goal and/or criteria outlined in Chapter 17.30, staff can P169 PLANNING COMMISSION STAFF REPORT DRC2008-00616 - MILLIKEN MARKET December 10, 2008 Page 6 only find that the .proposed market/liquor store will be detrimental to the properties and improvements in the vicinity of the community. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Vallev Dailv Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. RECOMMENDATION: Staff recommends that the Planning Commission deny the appeal of the applicant and uphold the Planning Director's decision to deny Conditional Use Permit DRC2008-00616. Resp ctfully submitted ~. Jam s R. Troyer, AICF Plan ' g Director JT:TV/ge A y^y°~ Attachments: Exhibit A - Appellant's Letter of Appeal and Addendum dated September 2, 2008, and September 24, 2008 Exhibit B - Applicant's Exhibit, Census Tract 0021 and Key Exhibit C - Applicant's Exhibit, Active Liquor License List Exhibit D - Statement of Operation, October 20, 2008 Exhibit E - Site Plan Exhibit F - Floor Ptan Exhibit G - Planning Director's Letters.of Denial dated August 25, 2008, and October 23, 2008 Exhibit H - Memo from the Rancho Cucamonga Police Department dated Deoember4, 2008 Draft Resolution to Deny Appeal for Conditional Use Permit DRC2008-D0616 Markefplace September 2, 2008 Mr. James Troyer Planning Director The City of Rancho Cucamonga 10500 Civic Center Dr. Rancho Cucamonga, CA 9172 RE: DRC2008-00616 -LETTER OF APPEAL IN REPONSE TO DENIAL OF CONDITIONAL USE PERMIT (NON-CONSTRUCTION) -MILLIKEN LIQUOR - TO OPERATE LIQUOR STORE ON THE NORTHEAST CORNER OF MILLIKEN AVENUE AND 4T" STREET, WITHIN THE INDUSTRIAL PARK DISTRICT, SUBAREA 12, AT 9635 MILLIKEN AVENUE - APN: 0229-341-23 Dear Mr Troyer: This letter shall serve as notice of our appeal of the City of Rancho Cucamonga's denial of a Conditional Use Permit for the above referenced application dated August 25, 2008. We would appreciate your consideration of reversing your initial denial based upon the following reasons. P170 Attached is a map (Exhibit "A") and a list (Exhibit "B") outlining' all businesses where alcoholic beverages and distilled spirits are sold in the Census Tract 0021 (Alcoholic Beverage Coritrol, Type 21 Licehse, off-site consumption).. Of.the thirty-five (35) businesses ohly twelve (12) are a comparable use to what is proposed which siaf hard- aleoliol. Two (2) df.these comparable uses (TYPE 21) are located outside of Rancho _ Cucamonga (one in Ontario and one in Upland). All-other twenty-three (23) businesses are uses selling only beer andlor wine (TYPE 20) a majority of are automotive (gas station). Furthermore only three (3) of the TYPE 21 are located within two (2) miles of the proposed location. Of the TYPE 20, only five (5) are located within one (1) mile and only four (4) more are located within two (2) miles. The other twenty-three (23) of the thirty- five (35) are located further than two (2) miles away. As is shown on the map in one area fifteen (15) of the business are located within a one mile diameter and all of which are over two (2) miles away from the proposed location. It is our contention that the location proposed is not overly saturated for this use and either the initial denial should be reversed or it should be approved under Public Convenience or Necessity Determination. On a side note, Mr. Nidal Saman, who filed this application, has owned and operated a comparable business in the City of Rancho Cucamonga for over fourteen (14) years. He has a strong track record of running a clean store and a family business. He is also on a EXHIBIT" A (~~ ~~ ' °~t~c7 ~z-ro-o~~ 1&231 Irvine Bouleva rtl, Suite 201 Tustin, CA 92760 ini 714.731.8888 :a~. 714.730.3525 weir www.mppraperties.com /. first name basis with a great deal of his customers. Marketplace Properties is excited to add him as a tenant at Town Place Square because of this track record and the following he brings with him. We appreciate your reconsideration of this issue. Please call me with any questions. Sincerely, MA~ PROPERTIES J. Casey Rue Vice President P171 Cc: Michael M. Rue, Marketplace Properties Nidal Saman Alan Burns Esq., Harper & Burns . Market P12 place Pr"r'Yrrl1_; September 24, 2008 Mr. James Troyer Planning Director The City of Rancho Cucamonga 10500 Civic Center Dr. Rancho Cucamonga, CA 91729 RE: DRC2008-00616 -SUPPLEMENT TO LETTER OF APPEAL - CONDITIONAL USE PERMIT (NON-CONSTRUCTION) -MILLIKEN MARKET -SALE OF ALCOHOLIC BEVERAGES FOR OFFSITE CONSUMPTION-(TYPE 21) ON THE NORTHEAST CORNER OF MILLIKEN AVENUE AND 4T" STREET, WITHIN THE INDUSTRIAL PARK DISTRICT, SUBAREA 12, AT 9635 MILLIKEN AVENUE - APN: 0229.341-23 Dear Mr Troyer, Thank you again for your time on Tuesday, September 2, meeting with Mr. Samaan and myself regarding our Appeal and Request for a Public Convenience or Necessity Determination for the above referenced application. Due to the shortnotice to file an appeal and in my haste, I made some minor errors in the map (Exhibit "A") that was submitted. Attached is the revised map and revised list (Exhibit "B") outlining all businesses where alcoholic beverages and distilled spitits are sold in the Census Tract-0021 for offsite consumption. These exhibits along with this letter are to supplement dur initial appeal letter. Also to be certain the data used is correct for both exhibits, all data was obtained from the Alcoholic Beverage Control (ABC) office in Riverside. The map has also been revised to show all hotels within acne-mile radius. There are currently nine hotels and soon to be ten with the addition of the Westin at Piedmonte. This equates to over 1,000 hotel rooms within one mile of the site (most being within easy walking distance.) We feel this is important to note because a major portion of Mr. Samaan's stdre will cater to these hotel guests. His store will not only sell alcoholic beverages, but also a large variety of items such as milk, cheese, eggs, cold cuts, produce, canned foods and toiletries etc. Overall he intends to use half of his sales floor for the sale of these types of items. He has also revised his business name from "Milliken Liquor" to "Milliken Market" to help convey the larger variety of his product mix. Currently there are no "like" uses within two miles of this location. As is shown on the map the vast majority (eleven out of twelve) of the businesses with type 20 or 21 licenses within two miles are either gas stations or big box retailers. This total includes Fresh & Easy market and Target, which just recently obtained approvals for their 18231 Irvine Boulevard, Suite 201 Tustin, CA 92760 ;¢: 714.731.8888 ran 719.730.3525 wc~: www.mppropertles.c0m P173 Conditional Use Permits. We also just teamed that Stadium Liquor & Deli, located at the corner of Foothill and Rochester, recently closed. This brings the total of "like" uses within Census Tract 0021 down to just eight and makes the closest like use to this location nearly three miles away. Other important factors to note are the closest school is approximately 1.5 miles away and the closest church/place of worship is over a mile away. There is also a California Highway Patrol Station almost adjacent to the property. . On a side note, we believe having a business of this nature would be an excellent addition to our shopping center and will help bring more traffic for all of the nearby businesses. This is greatly needed as our tenant sales and leasing efforts have been greatly impacted during this current economic slowdown. Bringing good strategic uses, such as this one, into our center will help strengthen everyone's business by generating more customer traffic to the center and keep the shopping center healthy. Our contention is that this should be approved as a Public Convenience or Necessity Determination. Of the "like" uses to what is proposed, ALL are well over two miles from this location. This area is not overly saturated for this use. And again, Alex Samaan is the perfect operator for Milliken Market at this location. His track record is impeccable as you can see for yourself. He has owned and operated a comparable business in the City of Rancho Cucamonga for over fourteen years and has a history of running a clean store and a family business. We appreciate your consideration of this issue. Please call me with any questions. Sincerely, . . MARKETPLACE PROPERTIES J. Casey Rue Vice President Cc: Michael M. Rue, Marketplace Properties Nidal Samaan Alan Burns Esq., Harper & Burns P174 Vm Vim, ~3 mmsouu \ ~i I y-E ~ i ~, ^ • ter- g+Aaro vlxls ~ I J 4r -. ~ .I '" E i c;,:• ~ Lid !6 ~.~vd'Cwi ... a w`~. I a.1., J c.s,x \ -'~ 'A,qS ^'2.dc ,5~+. ~\ N Sr`n = a S r^r'^ 1t _ ,~ l ` '' i n.' 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EXHIBff "B" P175 Wine Rack, Spirits and More - DRC2008-00616 Census Tract 0021 -Type 21 License List Ma Notation: T :Business Name/Desai tion: Address: Status: License No.: A 21 Sam's Club 951 N. Milliken Ave. Active 371428 Ontario, CA 91764 B 21 Costco 11800 4th St. Active Rancho Cucamonga, CA 91730 C !,~ '. 21 Stadium Liquor lie Deli 1 1897 Foothill Blvd. Active Rancho Cucamonga, CA 91730 CLOSED ~`. D `'.? "' 21 Discount Liquor Warehouse 10277 Foothill Blvd. Active Rancho Cucamonga, CA 91730 E ,'`p_ -. 21 Drive N'Shop 1008 Arrow Rte. Active Rancho Cucamonga, CA 91730 ''-`~ ~' F :,~ x;.; 21 Neighborhood Market & Deli 8880 Archibald Ave. Active 21 Arrow Plaza Market ~=` ~ H ;` ?~; 21 Liquor Store >'<^sr~ .; I,s;=,;;,~yt};;; 21 Carl's Liquor Store `:~' f J °yr3 .' 21 AI's Liquor & Deli ~`;,, , , K, .~.°, r: 21 Arrow & Grove Market Rancho Cucamonga, CA 91730 9755 Arrow Rte. Active Rancho Cucamonga, CA 91730 9849 Foothill Blvd. Active Rancho Cucamonga, CA 91730 9677 Foothill Blvd. Active Rancho Cucamonga, CA 91730 8939 Foothill Blvd. Active Rancho Cucamonga, CA 9T730 8114 Arrow Rte. . Active Rancho Cucamonga, CA 91730 L "=*' _" 21 Ruben's Tacos 175 Grove Ave. Active Upland, CA 91786 = Over two miles from proposed location 384362 328590 400059 176035 25518.1 371440 434736 315519 443064 343852 394376 EXHIBIT C lac. N,~;~1~ ~z -, o -o~~ EXHIBfT "B" Wine Rack, Spirits and More - DRC2008-00616 Census Tract 0021 -Type 20 License List 1 20 Target 4200 E. 4th St. Active .451936 Ontario, CA 91764 2 20 Cost Plus 4421 Mills Circle Active 35281 1 Ontario, CA 91764 3 20 Arco Gas Station 91 1 N. Milliken Ave. Active 386475 Ontario, CA 91764 4 20 Chevron Gas Station 791 N. Milliken Ave. Active 376960 Ontario, CA 91764 5 20 Shell Gas Station 4675 Mills Circle Active 401006 Ontario, CA 91764 6 20 Cherony's Deli 4321 Ontario Mills Pkwy. Active 428648 Ontario, CA 91764 7 20 Crossroads Mobil 1090 Ontario Mills Dr. Active 439160 Auto Service Ontario, CA 91764 8 20 Fresh N' Easy 4th St. & N. Haven Ave. Pending 470026 Ontario, CA 91746 9 20 Chevron Gas Station Car Wash -:~a 1'0.;``~ -;~_ 20 , JLS Gas Station "` 11 a`: 20 ,. ._.... Quick Stop Market 12,x? 20 Joey's Pizza vs13_ ` ! 20 Winestyles . 1,4 ,'-:.._„o 20 76 Gas Station 15`'`- `- 20 La Paloma Market 16, ;. :' 20 Allure Farm Dairy 8777 Haven Ave. Active 444784 Rancho Cucamonga, CA 91730 81 18 Masi Dr. Active 440362 Rancho Cucamonga, CA 91730 10120 25th St. Active 441164 Rancho Cucamonga, CA 91730 790 N. Archilbald Ave. Active 442840 Ontario, CA 91764 8200 Haven Ave., #103 Active 439 i 45 Rancho Cucamonga, CA 91730 10075 Arrow Rte. Active 428004 Rancho Cucamonga, CA 91730 8847 Archibald Ave. Active 434138 Rancho Cucamonga, CA 91730 8809 Archibald Ave. Active 428709 Rancho Cucamonga, CA 91730 P176 DCHIBIT "B" Wine Rack, Spirits and More - DRC2008-00616 Census Tract 0021 -Type 20 License List 17?t" 20 Kwik Stop Market 9533 Foothill Blvd. Active Rancho Cucamonga, CA 91730 18'-' 20 Discount Cigarettes & Market 9465 Foothill Blvd. Active Rancho Cucamonga, CA 91 730 19' 4_ ~ °,; 20 Liquor Store 8919 Foothill Blvd. Active Rancho Cucamonga, CA 91730 *-, 20"'~ 20 Mobil Gas Station ,~~ x 21;:? ~ 20 Chevron Station 8514 Vineyard Ave. Pending Rancho Cucamonga, CA 91730 8801 Foothill Blvd. Active Rancho Cucamonga, CA 91730 20 Market ~;~~" 23~~D,',,, '' 20 Tarasco Meat Market `=~ 24,"a~ f' 20 Convenient Shop ~'' 25 ;~ =<; 20 Sandy's Market 8694 Arrow Rte. Active Rancho Cucamonga, CA 91730 8161 Foothill Blvd. Active Rancho Cucamonga, CA 91730 69 Grove Ave. Active Upland, CA 91786 85 Grove Ave. Active Upland, CA 91786 = Over one mile from proposed location -- i ?'`~~' = Over two miles from proposed location P177 440359 464465 443067 466287 412408 281881 355270 461782 419497 P178 MILLIKEN MARKET 9635 MILLIKEN AVENUE, STE. 106 RANCHO CUCAMONGA, CA PROPOSED BUSINESS OPERATION LETTER I Nidal Samaan, owner of Milliken Market, along with my partners Lamees Samaan, and Shadi Altahhan, are planning on opening up a mini market in the location of 9635 Milliken Ave. Ste. 106. During operating hours we will be vending a total of 63% (sixty three percent) products like pre-packaged groceries, refreshments, dairy products, health & beauty supplies, snacks; canned & dried goods, sandwiches and meats, household items, school supplies, cigarettes & cigars, and the California Lottery. We will also be vending a total of 37% (thirty seven percent) Beer & wine, and distilled spirits. Our business hours.will be as follows. (With two (2) employees, ages 21 and over, working at all times.) -Monday through Thursday _ _ _ _ _ _ _ _ 8:OOam To 10:OOpm -Friday and Saturday ________ ____:_~_ g:00am To 11:OOpm -Sundays ________________________ _ 8:OOam To 10;OOpm CITY OF RANCH©CL~CAN{ONGA OCT 2 0 2003 EXHIBIT D RECEfVED - PLANNENG III i i III III i'`a I I I ° I I I z ° III IQ w III III ,~ III X III 1 I I I III ~_ ! I I III III Ili !II III III III III III III III III III III III ill .1111 IIII III III I I I Ili IIII III I I I tllltll i -- l i T~iz P179 I 1 1. 1 `1 \ ~--~ t._1~ I I®'®I I I I IBS V g c~ I ' QI I a I I o - I I ~ ~ c~„~ -'_ --1- - _ 1 _ ~ _ I I I . -~ ~ -~ EMPLOYE[ PA WINO I I M w I ._ , I ~ II ~ _ _ ~PROTEC~6PARA _ _ 1 _ _ .I I= RETAIL ~, - ~_ I~~ ~_ 212-t-V- _I I ~n PAD 1 ® ~_ ~ I`.' ~ `® --I-- Z'30' ~ -- i I I '~ 8.440 SF ' _ ~_ ~ -i- I~ Q 29 D m ~ i - 30 - 2B y ^'~ ~ I ° I Bel JJ ` ~ ' 1~3 ~ ~ ~ VI ~' / ~ / I I- U i°C.. .. ~. I I I I I~:dml I Ip .~ ~ 1h, ~'' ~ ~ 't' ILL - ° r ~ v~ ~`'t' B I I f~ ST/R AIL ' .• / ~. ~ ~~' ,, r l~ 9'~ ILDIN C i I ~'` ti .~`'~ ~ P, I ~ I ~ 7200 F , 1 ~ ~~ Y J /c 7 I- e ~ .-- r~ /... h I V~\ rEWW~p4l6bt wEA ~'. ~~- 1q`4WRO1N.i1P nI ~EWW~gq UEIW~;/J~A III ~ ~_ _ _ - ~------- ----- ----------------------------I- r - - - - - - - - - - - - - - - - -;- -_--------~H-S-T-------------- -~- EXHIBIT E T®~ P]LACE SQUA~~ AT 4TH & MII,LII~N D~ 80 tP EXHIBIT - F ~i~ C t~~~,~;r,~ P181 PAGE N0. 181 INTENTIONALLY LEFT BLANK THE CITY OF RANCHO CUCAMONGA RANCxo CUCAMONGA August 25, 2008 Mr. Nidal Samaan 9749 Meadow Wood, Alta Loma, CA 91737 Mp182 DONALD J. KURTH, M.D. Mayor Pro Trnr L. DENNIS MICHAEL Counci[membm REX GL17'IERREZ SAM SPAGNOLO DIANE WILLIAM$ City Manage JACx LAM, AICP SUBJECT: DRC2008-00616 -CONDITIONAL USE PERMIT (NON-CONSTRUCTION) - MILLIKEN LIOUOR - TO OPERATE A LIQUOR STORE ON THE NORTHEAST CORNER OF MILLIKEN AVENUE AND 4TH STREET, W (THIN THE. INDUSTRIAL PARK DISTRICT, SUBAREA 12, AT 9635 MILLIKEN AVENUE-APN: 0229-341-23. Dear Mr. Samaan: The Conditional'Use.Permit process for the above-described project has been completed and the project has been denied based upon the following findings. Thank you for your participation and cooperation during this review process. Fin_ dings Development Code Section 17.10.030 allows, with an approval of a Conditional Use Permit and in accordance with.the State of California, Department of Alcoholic Beverage Control (ABC), a liquor stare for general sale of alcoholic beverages and distilled spirits (Alcoholic Beverage Control, Type 21 License, off-site consumption) in the Industrial Park District Subarea 14..However, according to ABC, the Census Tract 0021 is overly saturated with distilled spirits sales in the. general geographic .area where. the proposed liquor store will be located. ABC confirmed that there are 36 active liquor licenses at present. The alcohol census tract allotment for this area is 16; therefore, the subject area has an excess of 20 liquor licenses. The boundaries of census tract 0021 are: Northeast corner of Grove Avenue and Foothill Boulevard, northbound to Rochester Avenue; southbound to 4th Street, City limits; westbound to Archibald Avenue; northbound to 8th Street; westbound to Grove, City limits; and northbound to Foothill Boulevard, which closes the census tract 0021 perimeter. This decision shall be final following aten-day appeal period beginning with the date of this letter. Appeals must be filed in writing with the Planning Commission Secretary, state the reason for the appeal, and be accompanied by a $1,885 appeal fee. If you should have any questions, please feel free to contact Daniel Correa at (909) 477-2750. Sincerely, PLAN NG DEPARTME ~' Jame .Troyer, AICP Plan i g Director Attachment: Census Tract Map 10500 Civic Cenmr Dc. • P.O. Box 807 • Rancho Cucamonga, CA 917?9-080i • Tcl 909-477-2700 • Fax 909-477-?849 • wv+w.ciryofs. us ~ F''. P183 _ ~~ :-. ~m ..... ~;: ~~i~ ~` Q- ~0 p b 'Cii. 9 ul ~ Lo ~. Y irw it ' 1 ~ I i ~ C . P N ^r~}.r'FI J-e~'r`ta C` ~ 7'7L "J!a..~: iI ~~k t f' r 1 Aµ~~'~~'Id'^&f I y/ .. 3 ~ ti. .,ti `~~cf" • Aid .i ~ 4l`n~I,p`~' I. `z +.i\^~1' .., f k LM ~Or1 1q~ ~~f .* ~rli Y VV ' . 1 ~Ct .t, GL ~ f4 ~ tiC ~~ 4S 1 E ,\~C-}~~~.h.~. CFA. ~fI ~~~ ~ ~ ~ ti,l wa. yr~.k l ' F f i ry. . "~ I t ~ a .x s, a~ r 16 s ~, -. _ "e.- I ~. ~ ay.~ r ' T iii' ~r~R µ;:. ~ 4W v: C r. ~ ..i ~, _ ~ ~ ~ ' ' ¢ ~.~ f~W,H.pC •~ : r~v In ~ '.e . Y ill ra';1~ ;" -' ` :.r ~~+n r,YM~j~.l rte ~~w~ I u -'. yjHyM'~ ~mi'ad k s w •.i. u f F a ~~jj¢¢~~ xi~~~~ 1k ~.. '. V .~etLi~~kry.~"a` ay. ~L9!'s~I ~ tg y ~ 1'4 ' I. •IV ~:.~Njrl~~.M rs'YCSfi:._ I .1g .I'~_ ~. I 16 AwY :. 4C vfI ^.`. Ynl+~~l ry t I((I L ~4 :,~~< ~~ e ~I. J~~ '4 r l7d:;, 1 0 r n t., 1 +' rfl ~ I.~~ ~~ S ~ ~l ill I 1 ~'-_- f K `_ ~ '~~~~ N I} f ~`~'~ ~ :.;.p _.... - O i NP184 DONALD J. KURTH, M.D. THE CITY OF RANCHO CUCAMONGA Mayor Pro Tem L. DENNIS MICHAEL Councilmtmbert REx GLTIERAEZ SAM $PAGNOLO DIANE WILLIAMS Ciry Manager ]ACK LAM, AICP jZA-NCxo CUCAMONGA October 23, 2008 Mr. Nidal Samaan 9749 Meadow Wood Alta Loma, CA 91737 SUBJECT: CONDITIONAL USE PERMIT (NON-CONSTRUCTION) DRC2008-00616 - MILLIKEN LIQUOR Dear Samaan: Based on our October 20, 2008, meeting and staff's discussion and review of your latest request to operate .a convenience market store with sales of distilled spirits in reference of the aforementioned Conditional Use Permit, your most recently revised application, business statement of operation, and floor plan has been once again denied, The denial is centered on the same principals that were laid out in the first letter of denial dated August 25, 2008. Findings: Development Code Section 17.10.030 allows, with an approval of a Conditional Use Permit and in accordance with the State of. California, Department of Alcoholic Beverage Control, a liquor store or convenience market with general sale of alcoholic beverages and distilled spirits (Alcoholic Beverage Control Type 21 License, off-site consumption) in the Industrial Park District, Subarea 12. However, according to ABC, the Census Tract 0021 is overly saturated with distilled spirits sales in the general geographic area where the proposed liquor store or convenience market store will be located. ABC confirmed that there are. 36 active liquor licenses at the present time: The alcohol census tract allotment for this area is 16; it is over by 20 liquor licenses. The boundaries of Census Tract 0021 are: Northeast corner of Grove Avenue and Foothill Boulevard, eastbound to Rochester Avenue, southbound to 4th Street (City limits), westbound to Archibald Avenue, northbound to 8th Street, westbound to Grove Avenue (City limits), and northbound to Foothill Boulevard, which closes the Census Tract 0021 perimeter. This decision shall be final following aten-day appeal period beginning with the date of this letter. Appeals must be filed in writing with the Planning Commission Secretary, stating the reason for the appeal, and be accompanied by a $1,965 appeal fee. If you should have any questions, please feel free to. contact Daniel Correa at (909) 477-2750, Monday through Thursday from 7:00 a.m. to 6:00 p.m. Sincerely, PLANNING DEPA,RTME T ,- Jame .Troyer, AICP Plan g Director Attachment: Census Tract Map 10500 Civic Cenmr Dc • P.O. Box 807 • Rincno Cucamonga, CA 9ll?9-U80i • Tel 909-4i7-?700 • Far. 909-4ii-2849 • www.cirvafrc.us m P185 Z J J Q O ~~ m ~. ~ Q . ti ~f31S3H~021 O O P186 .~~ ~v S ~, ~=r ~ ~~ RANCHO CUCAMONGA POLICE DEPARTMENT _ ~, RANCHO C,'UCAMONGA DATE: December 4, ?008 TO: Chairman and Members of the Planning Commission FROM: Don Yoder, Lieutenant, Rancho Cucamonga Police SUBJECT: CONSIDERATION OF APPEAL OF A PLANNING DIRECTOR DECISION TO DENY CONDITIONAL USE PERMIT DRC2008-0061 G-MILLII{EN MARKET (NIDAL SAMAAN) BACKGROUND: The applicant, Nidal Samann, proposed [o operate aconvenience/liquor market at the- Town Place Square Shopping Centex. The proposed convenience/liquor mazket would sell distilled spines, which would require a Conditional Use Permit pursuant to Rancho Cucamonga Municipal Code, Tide 17, Development Code Section 17.30.030. Due to the number of businesses involved in the sales of distilled spirts within the general location, we have had an increase in the number of calls for sere-ice requiring police response. The majority of these calls for service are due to alcohol related offenses, to include, Drunk In Public, Public Fighting, and Driving Under the Influence. By approving the applicants request to sell distilled spirits within the business complex it shall increase the number of calls for service in this area which aze alcohol related. RECOMMENDATION: It is recommended the members of the Planning Commission deny Nidal Samaan's request for a conditional use permit to sell distilled s irits. .J ieutenant Rancho Cucamonga Police EXHIBIT H ~~~ ~~-~-~~~~ ~? - io ~~~ lIIi10 (;ivic (;enter Dr. • R:nxho,:ucnmun;~a. C:A 91-30 ~ Tel 909 J-?-°NO(1 ~ Paz 9119 .{7 r-25i9 • www.rtpoliceorq P187 PACE 187 INTENTIONALLY LEFT BLANK P188 RESOLUTION NO. OS-68 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING THE APPEAL OF THE APPLICANT AND UPHOLDING THE PLANNING .DIRECTOR"S DENIAL OF CONDITIONAL USE PERMIT DRC2008-00616, A REQUEST TO OPERATE A CONVENIENCE MARKET WITH SALES OF DISTILLED SPIRITS ON THE NORTHEAST CORNER OF MILLIKEN AVENUE AND 4TH STREET IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 12); AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0229-341-23. A. Recitals. 1. Mr. Nidal Samaan filed an application for the issuance of Conditional Use Permit DRC2008-00616, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 25th day of August 2008,, and on the 23rd day of October 2008, the Planning Director of the City of Rancho Cucamonga denied the application with the appropriate findings enumerated and informed the applicant of their right to appeal under prescribed procedures. 3. The decision represented by said Planning Director determination was appealed in a timely manner to this Commission. 4. On December 10, 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the appeal and the application. 5. 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 December 10, 2008, including written and oral staff reports, and the contents of the Planning Director determination letter of August 25, 2008, and (after revised floor plan was submitted) letter of October 23, 2008, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a site located on the northeast corner of Milliken Avenue and 4th Street in the Industrial Park District, (Subarea 12); and b. The proposed site is presently developed with several commercial, retail, and professional buildings; and P189 PLANNING COMMISSION RESOLUTION NO. 08-68 CONDITIONAL USE PERMIT DRC2008-00616-MILLIKEN MARKET (NIDAL SAMAAN) December 10, 2008 Page 2 c. The most recent application proposes the establishment of a convenience market with sales of distilled spirits; and d. The proposal is for a convenience market that sells distilled spirits, which requires a. Conditional Use Permit pursuant to Rancho Cucamonga Municipal Code, Title 17, Development Code Section 17.30.030. e. The proposed market liquor store is not consistent with the General Plan in that there is a likelihood of creating a griminal element. Therefore, it is in direct conflict of Section 1.2.7:2, of Chapter 5 of the General Plan. This section states that a goal of the General Plan is to ensure an overall safe environment by taking preventive steps to "limit the number of crimes of opportunity that occur in the. City." The proposed market/liquor store does not conform to the intent of this goal. Furthermore, allowing additional sales of distilled spirits will only intensify the existing over saturation of liquor sales in Census Tract 0021 that has been set forth by the State of California Department of Alcoholic Beverage Control; and f. The proposed convenience market with sales of distilled spirits is not in accordance with the objectives of the Development Code. Chapter 17.30 (Industrial Districts) of the Development Code outlines -the conditions under which specific businesses are approved. A major objective of this Chapter is to put the goals of the General Plan into action. Section 17.30.010.A.6 of this Chapter lists the criteria used to review the proposed business use.. Subsection A.6 states: when considering the appropriateness of a business, the "land uses shall be organized to avoid creating nuisances among adjacent land uses." The proposed market with sales of distilled spirits is in direct conflict with this criterion and the goals set forth in the General Plan: and g. Permitting an additional market which sells distilled spirits will elevate the potential of increased crime and undesirable behavior, which is in direct conflict with the intent of Section 17.30.010.0.5 of the Development Code, which states: "provide a safe and healthy environment for workers, including adequate levels of police and fire protection." Allowing another market which sells distilled spirits is in direct conflict with the intent of this section to scrutinize and limit the number and extent of businesses selling liquor in order to avoid the possibility of creating a criminal element or environment. This is accomplished by placing a limit on the over concentration. of the aforesaid type of business to a specific area of the City, with the goal being to increase public safety and the availability of polices services in other parts of the City. Therefore, permitting additional sales of distilled spirits would be in conflict with this section of the Development Code; and h. The proposed market/liquor store, together with the conditions applicable thereto, will be detrimental to the quality of life and injurious to properties or improvements in the vicinity. An additional market with sales of distilled spirits will only create a negative effect to the immediate vicinity and overall community. Section 17.30.010 of the Development Code states that the purpose of the regulations in Chapter 17.30 is to "regulate the establishment of proposed uses and thereby protect the public health, safety, general welfare and quality of life in Rancho Cucamonga." Without complying with the Urban Design Goal and criteria outlined in Chapter 17.30, staff can only fnd that the proposed market liquor store will be detrimental to the properties and improvements in the vicinity of the community; and P190 PLANNING COMMISSION RESOLUTION NO. 08-68 CONDITIONAL USE PERMIT DRC2008-00616 -MILLIKEN MARKET (NIDAL SAMAAN) December 10, 2008 Page 3 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. That the proposed project is not consistent with -the objectives of the Development Code and the purposes of the district in which the site is located. b. That the proposed project together with the conditions applicable thereto, will be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. c. That the proposed project is not in compliance with each of the applicable provisions of the Development Code. d. That the proposed project is not consistent with the General Plan. 4. Based upon the finding and conclusions set forth in Paragraphs 1, 2, and 3 above this Commission hereby denies the appeal of the applicant and upholds the Planning Director's denial of CUP DRC2008-0616. 5. The Secretary of the Planning Commission of the City of Rancho Cucamonga is hereby directed to certifyto the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF DECEMBER 2008. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher, Chairman ATTEST: James R. Troyer, AICP, Secretary I, James R. Troyer, AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby 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 10th day of December 2008, by the following vote-to-wit: CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting December 10. 2008 Chairman Fletcher called the Regular Meeting of the City of P,ancho Cucamonga Planning Commission to order at 7:08 p.m. The meeting was held in the Council Chambers at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. ROLL CALL COMMISSIONERS: PRESENT: Richard Fletcher, Frances Howdyshell, Lou Munoz, Pam Stewart; P.ay Wimberly ABSENT: None STAFF PRESENT: Daniel Correa, Assistant Planner; Steven Flower, Assistant City Attorney; Corkran Nicholson, Assistant Planning Director; Lois Schrader, Planning Commission Secretary; Mike Smith, Associate Planner; James Troyer, Planning Director «,... ANNOUNCEMENTS None ,.... APPROVAL OF MINUTES Motion: Moved by Wimberly, seconded by Munoz, carried 5-0, to approve the minutes of November 12, 2008 with one correction noted on page 4. ..... oUBLIC HEARINGS A. ENVIRONMENTAL ASSESSMENT AND TENTATIVETP.ACTMAPSUBTT18466-ALBERTA. WEBB ASSOCIATES (for ANTHONY VERNOLA) - A proposal to subdivide a property of 9.56 acres into 43 lots for the purposes of residential development in the Low Medium (LM) Residential District, Etiwanda Specific Plan (South Overlay and Etiwanda Avenue Overlay) located at the southeast corner of Etiwanda and Miller Avenues; APN: 1100-131-01. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Mike Smith, Associate Planner, presented the staff report. He noted that minor corrections have been made to the Initial Study on pages 8 and 14 in that three boxes were incorrectly checked in the study and that making the changes are within the parameters of CEQA Guidelines. He also noted that on page A-69 of the agenda packet, Engineering Conditions 1.d and 3.e have been revised for clarity. P191 Chairman Fletcher asked for clarification of Exhibit D and on what was being done with Lot 38. P192 Mr. Smith referred to Exhibit D of the staff report. He indicated that because of the proximity to the freeway, .concern about the lots closest to the freeway was expressed in the Design Review Committee. He said that originally, the project provided 44 lots and now it is 43 and that Lot 38 is now about four times larger than it needs to be. He said Lot 39 shifted to the east. He said'a provision has been made to create a large side yard that the owner will not be able to build upon but will help mitigate for the freeway impacts. Vice Chairman Munoz confirmed that two lots were combined and the project lost one lot Chairman Fletcher confirmed that this moves the house away from the freeway. Mr. Smith said before, the lot was closer to Etiwanda Avenue and now it has a protected side yard approximately 20 feet wide because they could not put this in the rear yard area. Chairman Fletcher asked if the applicant is present. Mo Faghihi, Albert A. Webb, Assoc, stated he represents the applicant. He thanked Mr. Smith and the DRC for their assistance. He said he has reviewed and agrees to all the conditions of approval. Chairman Fletcher opened the public hearing and seeing and hearing no comment, closed the public hearing. Commissioner Howdyshell said she likes the plot plan, that there is good use of open space and that she is glad that the issue with Lot 36 was addressed on the "front end'' of the project review rather than the back end. Commissioner Wimberly concurred and thanked the applicant for working with staff toward the solution for the lots and the setbacks. He said he looks forward to seeing a housing product. Commissioner Stewart commented that the DRC was happy with the proposal ahd they appreciate the cooperation they received from the applicant. Vice Chairman Munoz echoed the comment and remarked that it is a difficult comer to work with considering the freeway and the overpass. He said the applicant did good work and repositioned the lot and they worked in good faith with the DRC. Chairman Fletcher agreed with his colleagues, but mentioned his concern that when the house product does come in and the development is built that that large yard on Lot 38 may not be properly maintained. Motion: Moved by Stewart, seconded by Munoz, to adopt the Resolution of Approval for SUBTT18466 and to adopt the Mitigated Negative Declaration of environmental impacts as presented by staff. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: NONE P.BSENT: tJONE -carried f Y ~ 4 R B. CONSIDERATION OF APPEAL OF A. PLANNING DIRECTOR DECISION TO DENY CONDITIONAL USE PERMIT DRC2008-00616 - MILLIKEN MARKET (NIDAL SAMAAN) -,4n appeal of a Planning Director decision to deny an application for a convenience market store with sales of distilled spirits, located on the northeast corner of Milliken Avenue and 4th Street, within the Industrial Park District, Subarea 12, at 9635 Milliken Avenue. Planning Commission Minutes -2- December 10, 2D08 Daniel Correa, Assistant Planner, gave the staff report. Chairman Fletcher asked if there are only two liquor licenses within a 2-mile radius. Mr. Correa noted that the ABC does not distinguish between the two types of licenses that are issued. Chairman Fletcher asked if the ABC distinguishes licenses for on-site consumption. Mr. Correa responded that they do make that distinction but that would not relate to this project because this license is for off-site consumption. Commissioner Stewart confirmed that the two closest licenses are 2 miles away and that they are Costco and Sam's Club. Mr. Correa said there are others that sell distilled spirits but that is not a major part of their sales. Commissioner Stewart confirmed that there are two within a 2-mile radius and that the others he is noting are outside of the 2-mile radius. Chairman Fletcher asked if the applicant would like to comment. Mike Rue, Marketplace Partners, 18231 Irvine Boulevard, Suite 201., Tustin, gave a brief history of the project application. He highlighted reasons to approve the project request such as: eleven nearby hotels, nearby apartments, daytime employment of 51,000 within the census tract, no grocery or drug stores in the area, only two vendors of distilled spirits within 2 miles, locationlconveniencefpr regular commuters, and there are no schools or churches close by. He said it is a needed convenience as they would sell cold cuts, cheese, perishables, toiletries and dry goods in addition to alcoholic beverages. He said it is one of the busiest intersections of the city. He noted that they had several prospective dwners apply and this one is well qualified. He said many of the licenses already issued are in Ontario and are Type 2D. He added that the census tract is based upon year 200D information which is lacking about 13,000 people in its total number. He said the ABC also does not count the 50,000 daytime employed workers in the tract. He noted the State gives the City the right to make the final detennination for a PCN. He gave a brief explanation of the meaning of Public Convenience or Necessity. He said he disagrees with the City's findings in the resolution. He said he does not believe this business would increase crime by"itself and would provide a needed use and would attract customers to the local hotels. Chairman Fletcher asked if there are lounges in th= hotels nearby that o`fer the sale of alcohol. Mr. P.ue said no, they do not have liquor licenses. Commissioner Stewart asked how the dedicated sales area would be divided up. Mr. Rue said about 37% would be for alcohol sales and 63% for other items, primarily food because he is trying to attract people that are staying in the hotels that have kitchen facilities. Commissioner Stewart asked if this owner owns other businesses in Rancho Cucamonga. Mr. Rue said he does; Castle Liquor at 19~h Street and Carnelian and it is a well-run establishment. Chairman Fletcher opened the public hearing. P193 Planning Commission Minutes -3- December 10, 2008 P194 Holly Russell, 9470 Hyssop Drive, indicated she disapproves of the use and she did not understand why they would need a liquor (icense for a grocery store. She said she did not think we needed another grocery store so close to the large stores already there (Sam's, Costco). Chairman Fletcher closed the public hearing. Vice Chairman Munoz expressed concern about the saturation of alcohol licenses and said he is tom about another license in the southern part of this area and he believes the license may not hurt the commercial area. He said given the economy, he would lean towards granting the application. He said he considered the economy, the number of licenses, the area and the saturation of licenses. He said he would be hard pressed to support a denial. Commissioner Wimberly noted there is a significant number of licenses but it may not be relative to the application before them. He said the current technology for indicating the licenses on the map is deficient in that it does not distinguish between the types of active licenses within the census tract. He said he hopes for better technology because the way it is presented now could limit someone putting in an application. He commented that he would prefer that the resulting tax dollars from the business come to Rancho rather than the City of Ontario. Commissioner Howdyshel! said she could see why amini-mart would be important to have close to hotels for forgotten items/toiletries, snacks. She said the saturation element was well researched and it was good information and gave a clear picture of the conditions. She said how we currently define PCN could change and the economics are changing daily. She said she is concerned about public safety and that the responding officers have to answer the calls and she appreciated the letter from the police department. She said the business would be a service to many in the area and is a good business opportunity. Commissioner Stewart said this business has a target market at this location and that these are busy streets and she applauds Commissioner Wimberly regarding his comment about the tax dollars going to Ontario instead of staying in Rancho Cucamonga. She said this business could affect the economy of the center and in today's marketplace we should encourage businesses to come, provide jobs and services to people. She said she might see it differently at another loation, but this market is huge and they will draw from the hotels. She said she highly respects law enforcement arid has many years experience in this regard, but she does not agree with their conclusion that this business would generate a problem. She said she believes the problems would more than likely arise from the hotels and Type 20 licenses. She said the market mix sounds fairly good, the apartments may or may not frequent this use because they would have to cross the street, but the store could succeed there and she does not believe it would be a public safety issue. Chairman Fletcher appreciated all the comments. He said the main issue is the liquor sales and the concentration of the liquor licenses. He said they have to look at the type of use -there are only 2 others of this type within 2 miles and he does not believe it is too high of a concentration there. He said most of the commercial area is south of Rancho in Ontario. He said we need the tax dollars in Rancho, and that the City has worked hard to get upscale development and a feeling of "arrival" at this main intersection as you come into Rancho. He said since the last census was taken, there are now thousands of apartments and hotel rooms along Milliken and that he does not believe this use would be detrimental to any of these. His said it will be a convenience to the residents and nearby hotels. He noted that people are unlikely to go to Costco or Sam's, look for parking and wait in line for convenience items. He said he supports the request. James Troyer, Planning Director, suggested that if the Commission is in agreement to support approval of the application, that they continue the hearing to the January 14, 2009 meeting in order to bring a draft resolution of approval for their consideration and action that would include the conditions for the business operation. Planning Commission Minutes -4- December 10, 2008 vice Chairman Munoz suggested that the public hearing would remain open and the item be continued to the January 14, 2009 meeting for the purpose of bringing back an appropriate resolution finr action. (Notion: Moved by Munoz, seconded by Wimberly, to continue the public hearing for DRC2008-00616 to the January 14, 2009 meeting. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY (NOES: NONE ABSENT: NONE -carried .. ~ w + r C. A 90 -DAY REVIEW OF THE BUSINESS OPERATION RELATED TO CONDITIONAL USE PERMIT DRC2007-00283 - EL LOCO CANTINA (FORMERLY FELIPE'S MEXICAN RESTAURANT) - A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval and in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The subject restaurant is located in the Masi Plaza commercial center at 11815 Foothill Boulevard; APN: 0229-011-38 D. A 90-DAY REVIEW OF ENTEP.TAINMENT PEP,MIT DRC2007-00284 - EL LOCO CANTINA (FORMERLY FELIPE'S MEXICAN RESTAURANT) - A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval and in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The subject restaurant is located in the Masi Plaza commercial center at 11815 Foothill Boulevard; APN: 0229-011-38 Daniel Correa, P.ssistant Planner, presented the staff report. He noted staffs request for five added conditions shown on page C & D -3 of the agenda packet. Bruce Evans, legal counsel for the applicants, stated they are opposed to conditions 4 and 5 because #4, in their opinion, is a prudent business practice (preventing, the admission of unaccompanied minors after 9pm and when there is live entertainment) and #5 requiring a 50;50 ratio of food; alcohol sales. He presented a graphic depicting data and stated that Loco Cantina does not have apolice-call problem, and of 20 restaurants, none had less than Loco Cantina and some had significantly more.- He said he offered a compromise condition to staff that stipulates minors could gain entrance if accompanied by an adulUparent. He said the information presented is not law but only a guide from the ABC and that the staff report is incorrect. He said there is nothing in the law (is only a guide) that requires a type 47 business to require the admission of minors. He said the 50/50 condition is inappropriate in that it crosses the line of land use regulation and alcohol regulation. He said a restaurant is not even required to serve food at all times but they do (as noted in their CUP conditions). He said the kitchen is open at all times and serves food at all times. He said the business is open for lunch and has an extensive menu. He said no calls for service have been noted since June. He said this business generates 1 million dollars in taxable sales per year and provides 22 jobs, they are not a nuisance and that they are in total compliance with their CUP and Entertainment Permit. Commissioner Howdyshell asked how many restaurants in town do not allow minors after 9:00 pm. She expressed concern that they are excluding minors from their business. Mr. Evans said he did not know but said that Buffalo Wild Wings and the Yard House do on the weekends and during later hours other nights. He said there may be others. He said Rancho is the first city he has dealt with that has an issue with this practice. Chairman Fletcher opened the public hearing P195 Planning Commission Minutes -5- December 10. 2008 Steven Flower, Assistant City Attorney, commented that there are two main issues; the 50/50 food to P196 alcohol sales and the exclusion of minors. He remarked that he too has had conversations with the ABC. He said it is correct that ABC does not require allowing minors but they support the City's discretion to impose such conditions. He noted that the 50/50 condition is consistent with the ABC and does not conflict with State law. James Troyer, Planning Director, commented there is no real means to eriforce the 50/50 condition as the City would not audit their r=ceipts. Chairman =letcher asked if these conditions are applied to any other restaurants in town. Mr. Troyer said that he is not aware of any. Chairman r"letcher asked if they saw problems arise, could the CUP be brought back and have conditions added. Mr. Troyer said yes, it can be brought back at any time Commissioner Wimberly commented that considering the history of the business hz recommends a 90 day review. Commissioner Howdyshell also noted the history of the restaurant and that she wants to see the restauran flourish but she struggles with the exclusion of kids looking for a place to go after a football game. She said she has a concern about young people under the age of 21 being admitted, that it could change-the flavor of the establishment. Commissioner Stewart asked for clarification regarding the admission of mihors and what specifically is the applicant looking for. Mr. Evans said currently they are not allowed to check identification at the door or on the premises. He said the condition is poorly written. He said they do not want to exclude minors. He said they do not want Them when there is live entertainment and after 9pm during those times because of the liquor liability. He said they would Like flexibility with this. He said if a minor consumes alcohol and leaves, the business is liable. He said police calls late in the evening often involve minors. He said if they are accompanied by a parent, they can come in. He said he believes the law gives them this flexibility and that this may not be the best place for them after 9pm if there is live entertainment and they are without a parent. He said there are all kinds of conditions that ensure the business operates as a bona fide restaurant. He said Condition #2 is poorly written. Mr. Troyer asked the applicant why he believes #2 is poorly written. He asked if a person is an adult and he goes to a restaurant, and he is not ordering alcohol, should they be carded. Mr. Evans said he interprets the condition to mean that you can never check the identification of a minor. He asked when then would you check their I.D. Mr. Troyer said it means they can check identification when they order alcohol, that at most restaurants with a Type 47 license, no one is carded until they order alcohol. Mr. Evans said they will check I.D.'s at the door or inside and it is because of this practice that they have no citations with the ABC and the condition is meddlesome. He said this condition has nothing to do with ensuring Loco Cantina remains a bona fide restaurant. He said no otherCUP in town has this. He noted he disagrees with the City attorney. Commissioner Stewart confirmed that Conditions 4 and 5 are the concern Planning Commission Minutes -5- December 10. 2008 P197 Mr. Evans stated that is correct and that the other conditions already in place go above and beyond what is typical. He reiterated that he believes 4 and 5 are in conflict with State law and unduly burdensome to the business. Chairman Fletcher commented that the Commission wishes to prevent the occurrence of a public nuisance. He pointed out that Mr. Evans' clients (the applicahts) previously came to the Commission under false pretenses and asked for extended hours and entertainment and approval for a dance floor and then sold the business and started operating as something totally different. He said staff wants to see this remain a restaurant but it appears the owners want to migrate towards being a bar and that there is no doubt in his mind that this is what is occurring. He said he went to the grand opening and although in compliance, the operation is operating on the borderline as a bar. He said opting to keep the kids out in the night time is with the idea of operating a bar. He emphasized that this is not what the CUP intends. He said when you enter the establishment the -bar is the main focus and the bar structure is most prominent. He said it sounds to him as if the owners want to operate as a bar. Mr. Evans responded and said there it is not bar, that the Loco Cantina is doing what that were substantially doing before the CUP was brought up for modification and if that were the case, they would not open at 11 am. or Sundays for breakfast. Chairman Fletcher said with other establishments there is some separation between the eating place and the lounge but that is not the case here. He said if you want to operate a restaurant during the day and a bar at night, and that will cause a problem for the City. He said he has seen others do it and it is a problem. He said it is not true to say that opening at 11 am means they are not operating a bar. He said this is the easy way to operate as a bar; open a restaurant first and then move in this direction. Mr. Evans said the business is a legal operation and in compliance with Stale law, the CUP and the EP. He said he disputes the prior violations and stated the business does not have a law enforcement problem and is not a nuisance. He said it is a restaurant and has more conditions and entertainment exactly as shown in the Entertainment Permit. He said they made a mistake with the space allotted for entertainment and the tables and they promptly removed the outside speakers. He said he disagrees with the two proposed conditions. He said all the conditions in place will ensure your operating policies continue. He said to scrutinize this business alone in these economic times is not fair and selective. Chairman Fletcher called for a recess at 8:39 pm to release the high school students and reconvened the meeting at 8:43 pm. All Commissioners were present. Mr. Evans noted that Peppers, McAlan's, Yardhouse, Twins, and Omaha Jack's also ask for I.D.'s to prevent the entrance of minors. Felipe de la Piedra stated he is one of the owners. He said they are open 7 days a week and he is present almost every day. He said they have two kitchens, they promote their food and menu and they just had a grand opening. He said the competition is very tough. He said staff made a number of visits to check the restaurant. Commissioner Stewart remarked that this is a 90-day review and there were some issues with their business operation. She said staff visited them and the business has made sn effort to be compliant. She said she does not disagree with the idea of modifying the condition regarding minors admittance as suggested by the attorney. 'She said it would not be unreasonable to allow minors with their parents. She said she is OK with condition #5 but suggested they strike the last sentence. She said she is not opposed to a 6 month review period and suggested the applicant work with staff for a revised condition. She said because it is a CUP, it can be brought back at any time for review.' Planning Commission Minutes -7- December 10, 2008 P198 She said the business understands and they are willing to be compliant. She said this is a tough economy, and we do not want to have a problem business, but it needs to be considered. Vice Chairman Munoz agreed with Commissioner Stewart.. He commended the work of the owners and staff and it looks like fixing the problem has been successful. He said he has some trouble with condition #5 as it is not enforceable. He said the big issue was the 23 police calls previously cited, that is what brought them here in the first place, but it appears that is resolved. He commented that other businesses impose conditions such as condition #4 in order to separate potential issues with minors and adults imbibing alcohol. He said he feels minors should have opportunities but also need limits and this is hard to separate. He said he agrees with Commissioner Stewart, that the owners should work with staff on this condition, that when there is entertainment, minors should be requested to show identification but that this in no way is a sign that the Commission is relaxing on this operation being run the way it should be. He said they need to be responsible with entertainment and that they do not want the problems that they had earlier in the year. He said if the last sentence of condition #5 is removed, it becomes benign. He said overall this is good work and eood progress and he is encouraged that they continue in this. He said minors and alcohol at midnight is a recipe for disaster as it becomes a game for them. He suggested they strike the last sentence of condition #5 and bring back the business operation for another review in 6 months. Commissioner Howdyshell concurred. She noted it has been along process, the business is trying to get back on track and it is hard to see restaurants struggle. She added that condition #4 needs clarification and she is OK with modifying #5 on the last sentence. She said they need to support the restaurants. She added that she is in favor of a S-month review period. Commissioner Wimberly concurred that #4 needs to be more specific about the control of minors. He supported striking the last sentence of #5. Chairman Fletcher said that he is just setting the tone. He said h=wants to see their success but he does not vrant them to gravitate towards being a bar and that it is now a borderline bar operation. He said ha employed the "wife test" and brought her to the grand opening and she too indicated it felt more ii're a bar than a restaurant. He said he would like to see it become famous for their food and he does not want the entertainment at night to be the majorfocus. He said the key factorwill be the calls for service. He said at their previous hearing, there was testimony of public vomiting in the parking lot and a stabbing and that is a major concern for a business just getting started. He noted there is a karate business next door that caters to youth and that he does not want to see conflict with the neighboring businesses. He said if conditions #4 and #5 are amended, it could be a problem for condition #2, but perhaps they could check I.D. inside the building. He reiterated that this is supposed to be a restaurant and not a nightclub but that the business needs some flexibility. He said it appears the majority of the Commission would agree fo modifying the conditions. Mr. Troyer noted that it appears the Commission is directing another review in 5 months and to modify the conditions. He suggested the item be continued to the first meeting in January so the wording of the conditions could be worked out and bring back a resolution to that effect. Vice Chairman Munoz said if they wait until January, that it would not consider the holidays and their entertainment offered during that time. Chairman F1=tcher reopened the hearing. Mr. Evans said it would be costly for them to come back. Mr. Flower noted the business is not being shut down and they are currently in operation. He referred to the conditions noted in the resolution of approval (Agenda packet pages C & D 76) and restated that they could change the wording of #10 to indicate no cover charge; #11 is satisfactory as is; #12 would be changed to read, "The business during business hours musf allow entry and provida Planning Commission Minutes -8- December 10. 2008 restaurant services to all persons, including persons under the age of 21 years, however, the business may deny entry to persons under2l years of age after9:00 p. m. when live entertainment is offered, and only if the minoris not accompanied by a parent orlegal guardian. There shall be no identification checks of patrons at the entrance or upon entering the establishment except during such times when minors maybe excluded from the business in accordance with this condition" ;and on #13 the last sentence would be struck. (note for the record: Mr. Flower referred to the same conditions noted in-the earlier discussion, however, the Commissioners read the conditions as noted in the staff report, and Mr. Flower read the same conditions from the resolution, thus the difference in the numbers of the conditions referred to during the discussion.) Chairman Fletcher asked if the existing conditions for the restaurant restrict serving alcohol outside at certain times. Mr. Troyer said no. He said they cannot restrict the outside service of alcohol in their approved outside eating area. He said they did recuire that the outside speakers be removed. Mr. Flower asked if there is outside access to the dining patio. Mr. Troyer said there is a small gate. Chairman Fletcher commented that the owner will have to police that. He said he wahts to see them successful with the best food and he does not want to see night time problems or see the business "morph" in 'the future. He asked the applicants if that is clearly understood. The applicants indicated from their seats that they clearly received that message and were in agreement. Motion:. Moved by Muncz, seconded by Howdyshell, to adopt the Resolution of Approval 08-c"9 for DRC2007-00283 with the modified condition #s 10, 12, and 13. The Commission directed that the business operation be reviewed again in 6 months. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: NONE ABSENT: NONE -carried • ~ •.e+ PUBLIC COMMENTS D. B. Christenson commented that this business operation did a "bait and switch' in that they sold a restaurant and then became a nightclub. He applauded staff for their followup on the issue. .:..« ADJOURNMENT Motion: Moved by Munoz, seconded by Wimberly, carried 5-0, to adjourn. The Planning Commission adjourned at 9:15 p.m. Respectfully submitted. ,I ~~.~,~,, ;~ s Jarr~s R. Troyer, AICP Secretary Approved: January 14, 2D09 P199 Planning Commission Minutes -9- December 10, 2008 P 20 ~ A ~ dot ~ E ~ ~, 3 i ~ $~i~~ n 39~ ~ ~9a~tc~ ~~ c pi~ii~ ~~~~~BBBI~~~~II10 ~~ II~ "i~i1 ~ i w a w a. 2~ tl tl Y ': g . t y n~ ,.r't ~ ~, ~ 2i ® .`5.ti% N M1;'~ 2 c2 :a ~.~ ~ _ ;mss ® i = ~ i ~ ¢ ~ ~ ~ ~ '^i^'i ~~ 7h m r a r~ ~ z ® ~ z ° k 7 e° T.'~' w ~' ~. 4 _~ y j w ~ ~ ° ' ~~ , i w ". ® t ' ~ N'=~ . , w 8 z ~• i " ~ ~ i ~ ~~ ® ~~'C ~ Yi ~ N ~ ~ ~~j '~j ~ ~ .~ •, r.~M' e = CC ~.~ 4. F U U . ai..]'Aa. .. r a~~ ~ F+.. tM ,~~.: a. Y a n p ~ Ayy _ ~`,'~ j ~ "M ~ (p~~ ~-I---JJ yy~~ ~~ ~~~I~~ ~u o °a r - ~ ® ~ z 1 '^ ¢ Wa ~ ~ ~ J ~ W=~ ~ n a > ° T , ~~ ~ vJ ~ 0 ~ ~ • ' d' ~- w ~- Z -' t•~. 4 .~ > ~ W W ~.' O ~y s ® t=. ® ' ~ a ° .~, ~.o~ U ~ §~ ~ ~ J i t t S t i ~3i ~r ~~~#~t 1~~~~~ ~i i ~ ~t~ ~ 8 .~ ~ + ~?if ~~f ~•~~f; f ~ F ~ ; # ~ ~! Ei I ~ {' F 8 P ~~ d ~ ~ ~ ~ ~ id p~~iT~i~ ,t ~,S~~Jk a :s j ~ e ~~ k S ~y~~l ~F j ~;~a3ig2 ~ C ~ n ~ 2 ~ t jk r5 ~E { 3 ~~o e~~l F a t 1'~ g0 '77tF ~ ~ :J ~ Y [ ~ t ~ /a i )7 r~ T ~ ~ ~ ~~ ~ ~ i ~¢ 1 ~! f~~F~3~ ~! ~ ~ ~~ s # ~ ~ ~ 9 1 t ~_= ~ it ~ ~ 2i11 ~~~ ~~!~ `Mr i ~~ i EXHIBIT H i y~ b g ' Itr~ ~ ~~' ^C:BF ~ P2 ~ . ~ ` ICI a i ~ 4 °~ - z 9 W 3 ~~ ~ ~ s ~; ~ E e ~ T :s,t~~ . r t.~+ '~ .a ~ i 4 R k ~~, ~ ~ Q -:5~lt ~~ ~ 1 ~ a a ~ ' ~^ J ~ ~ o ~ I z : ~$ ~ S Fii~ ~~ W 4 ~~ ~C I1 P202 RESOLUTION NO.: DQ-®~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE ORNECESSITY DRC2009-00095-NIDAL SAMAAN -FOR A CONVENIENCE MARKET IN THE INDUSTRIAL PARK DISTRICT, SUBAREA 12, LOCATED ON THE NORTHEAST CORNER OF MILLIKEN AVENUE AND 4TH STREET AT 9635 MILLIKEN AVENUE - APN: 0229-341-23. A. Recitals 1. Milliken Market filed an application for Public Convenience or Necessity determination DRC2009-00095, as described in the title of this Resolution, for a Type 21 (off-sale) license from the Department of Alcoholic Beverage Control (ABC). Hereinafter in this Resolution the subject Public Convenience or Necessity request is referred to as "the application." 2. Section 23958 of the Business and Professional Code requires the City of Rancho Cucamonga to make a determination that the issuance of the said license will service the public convenience or necessity. 3. On the 18th day of March 2009, the City Council of the City of Rancho Cucamonga reviewed said application prior to the adoption of this Resolution. 4. All legal prerequisites to the adoption of this Resolution have occurred B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council 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 Council during the above-referenced meeting on March 18, 2009, including written and oral staff reports, this Council hereby specifically finds as follows: a. A retailer of alcoholic beverages, groceries, packaged foods, and other related items is a common and accepted business; and b. The site is located at the northeast corner of Milliken Avenue and 4th Street; Milliken Avenue is designated as a major thoroughfare, and the site is suited for this type of business; and c. The census tract in which the site is located (0021) also includes the Ontario Mills shopping center in the City of Ontario, which has a large number of restaurants with alcohol licenses. The Ontario Mills shopping center is physically separated from the majority of residential neighborhoods in Rancho Cucamonga by an industrial district, greatly diminishing potential negative effects that an additional alcohol license will have on the City's residential neighborhoods; and P203 CITY COUNCIL RESOLUTION NO.: MILLIKEN MARKET-DRC2009-00095 March 18, 2009 Page 2 d. The site is not close to sensitive users, such as day care facilities, schools, and/or churches; and e. Rancho Cucamonga residents would be afforded more convenient shopping opportunities with the sales of beer, wine, and distilled spirits to the current selection of groceries and packaged food products provided by the market; and f. With the imposition of a condition recommended by the City and set forth in Section 5, the retailer will operate the business in manner that would not result in a change of use from a market to a liquor store in violation of the City's Development Code. 3. Based upon the findings set forth in paragraphs 1 and 2 above, this City Council concludes that the issuance of an off-sale of beer, wine and distilled spirits (Type 21) license for Milliken Market will not have a negative impact to the surrounding uses. 4. Based upon the findings and conclusions set forth in paragraphs 1., 2, and 3 above, this City Council hereby determines that the issuance of an off-sale liquor license for Milliken Market will service the Public Convenience or Necessity. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3 and 4 above, this City Council hereby approves the request fora Public Convenience or Necessity determination subject to each and every condition set forth below. Planning Department: 1) Throughout the life of the business 37 percent of the maximum floor area shall be strictly reserved for display and sales of alcoholic beverages and 63 percent of the floor shall be at all times sales of general market items. Any increase above and beyond this limit will result in Code Enforcement action and ultimately to the revocation of the store's business license. The City Clerk shall certify the adoption of this Resolution. P204 STAFF REPORT ~_ 7 )/NGINEERING SERVICEti DEPr1RTMENT RANCHO Date: March 18, 2009 CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Walter C. Stickney, Associate Enginee$ri Subject: APPROVAL TO AUTHORIZE AN INCREASE TO CONTRACT NO. CO OS-071 IN THE AMOUNT OF $41,550.00 TO VANDERHAWK CONSULTING LLC, AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $4,155.00, FOR THE ANNUAL UPDATE OF THE CITY'S PAVEMENT MANAGEMENT PROGRAM, TO BE FUNDED FROM FUND 176 -MEASURE I, ACCOUNT NO. 1 1 76 3055650/1 0201 76; AND APPROPRIATE AN AMOUNT OF $45,710.00, TO ACCOUNT NO. 11763055650/1020176 FROM MEASURE I FUND BALANCE RECOMMENDATION It is recommended the City Council approve an increase to Contract No. CO 05-071 in the amount of $41,550.00 to Vanderhawk Consulting LLC, and authorize the expenditure of a 10% contingency in the amount of $4,155.00 for the update of the City's Pavement Management Program, and to approve an appropriation of $45,710.00 to Fund 176. BACKGROUND/ANALYSIS In order for the City to best provide for the continual upkeep and repair of the City's streets, staff relies on a computerized Pavement Management Program (PMP). One aspect of the PMP is the periodic update of all City maintained streets. PMP's require a constant update and analysis of its database on a quarterly basis. This update includes the integration of new streets into the database; the addition of capital maintenance activities the City performs to its streets throughout the year, and the compilation of the program's results with GIS and their mapping capabilities. Vanderhawk Consulting has been performing this update on an annual basis since 2005. The City is completely satisfied with the consultant's performance and looks forward to continuing this relationship. Since the City's inception, staff has utilized different consultants and pavement software. Vanderhawk Consulting has continually outperformed its predecessors. Respectfully submitted, FA-& uer Director of Engineering Services/City Engineer MASNVCS:Is P205 STAFF REPORT 1 _ r ENGINEERING SERVICES DEPARTMENT RANCHO Date: March 18, 2009 C,UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Walter C. Stickney, Associate Engineer Subject: APPROVAL FOR AWARD AND EXECUTION OF PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $21,120.00 TO VANDERWAWK CONSULTING LLC, AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $2,112.00, TO PROVIDE TECHNICAL CONSULTATION AND RESEARCH SERVICES FOR THE INVENTORY MANAGEMENT OF ALL ENGINEERING AND PUBLIC WORKS PUBLIC FACILITIES, TO BE FUNDED FROM FUND 016 -COMMUNITY DEVELOPMENT TECHNICAL SERVICES, ACCOUNT NO. 10163015300; AND APPROPRIATE AN AMOUNT OF $23,240.00 TO FUND 016 (COMMUNITY DEVELOPMENT TECHNICAL SERVICES - ACCOUNT NO. 10163015300) FROM COMMUNITY DEVELOPMENT TECHNICAL SERVICES FUND BALANCE RECOMMENDATION It is recommended the City Council approve an award and execution of a Professional Services Agreement in the amount of $21,120.00 to Vanderhawk Consulting LLC, and authorize the expenditure of a 10% contingency in the amount of $2,112.00 to provide technical consultation and research services for the Inventory Management of all Engineering and Public Works Public Facilities; and to approve an appropriation of $23,240.00 to Fund 016. BACKGROUNDIANALYSIS With the expansion of the City's infrastructure, primarily in the form of the Rancho Cucamonga Municipal Utility, the City's fiber optic network, and the continual expansion of the City's street network, it has become more critical for the City to develop a comprehensive inventory system to monitor and protect these assets. With the advent of the municipal utility, and the further expansion of its fiber optic network, the City has joined the ranks of other utilities who understand the need to keep close tabs on its facilities. This will ensure the City's facilities will continue td be located and marked during construction activities, as well as assisting in the planning of their future expansion. First priority for the inventory management system is the compilation of the City's municipal utility, fiber optic network, pavement management system, and traffic signals. In the future the inventory will expand to include street trees, drainage systems, City maintained landscaped areas, street and trail signs, and various other City maintained facilities. Respectfully submitted, uer Director of Engineering Services/City Engineer MASNVCS:Is STAFF REPORT ENGLNEERING SERVICES DEPARTMENT Date: March 18, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Mike Olivier, Senior Civil Engineer M.s- P206 RANCHO cUCAMONGA Subject: APPROVAL AND EXECUTION OF CONSTRUCTION OF IMPROVEMENTS AND HOLD HARMLESS AGREEMENTS BETWEEN THE CITY OF RANCHO CUCAMONGA AND HOMEOWNERS ALONG FOOTHILL BOULEVARD AND ETIWANDA AVENUE RECOMMENDATION It is recommended that the City Council approve and authorize the execution of Construction of Improvements and Hold Harmless Agreements between the City of Rancho Cucamonga and homeowners along Foothill Boulevard and Etiwanda Avenue. BACKGROUNDIANALYSIS The City has plans to improve the south side of Foothill Boulevard from Etiwanda Avenue to just east of Cornwall Avenue and the east side of Etiwanda Avenue from Foothill Boulevard to approximately 1,040 feet southerly. The improvements include a block wall, sidewalks, curb and gutter, paving, street lights and ramps for the disabled. There currently exists a dilapidated and .unsafe chain link/wooden fence just outside of the City's right-of-way on the owner's property. The City has agreed to remove this existing fence and replace it with a 6-foot high garden wall. The wall is funded by the City's Redevelopment Agency as part of the City's effort to mitigate a blighted area within the City. It not only benefits the owners, but the City as well, in that it shows goodwill to the residents of the City, mitigates noise, and beautifies the City. Since the wall is to be constructed on the resident's property, a Construction of Improvements and Hold Harmless Agreement is before you for consideration. The Agreement allows the City to enter upon the properties (19) to remove the dilapidated fence and to construct a new 6-foot high garden wall on the owner's property. Upon construction of the wall, the owners have agreed to assume sole ownership, total responsibility, control and maintenance of the wall, front and back, including removal of any graffiti or illegal signage on the wall at the owner's expense. Respectfully submitted, euer Director of Engineering Services/City Engineer MAS/MO:Is VICINITY MAP ONTARIO CITY LIMIT PROJECT LOCATION CITY OF RANCHO CUCAMONGA FOOTHILL. BLVD./ETI~PANDA AVE. IMPROVEMENTS &/S OF E7TIfANDA AVR -FROM FOOTHII,L BLVD TO 550' S/0 CBESNDT AVS. s/s of FooTBII,t AvB -FROM RTl11ANDe sVR 'ro z1o' $/o coRN1fALL AVS. N ~, N.T.S. P208 STAFF REPORT ENGINEERING DEPARTMENT RANCHO Date: March 1'8, 2009 C,UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Erigineering Services/City Engineer By: .Dan James, Senior Civil Engineer Subject: ACCEPT IMPROVEMENTS AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS LOCATED ALONG FOOTHILL BOULEVARD 600 FEET EAST OF ROCHESTER AVENUE, SUBMITTED BY PATTERSON BUILDERS RECOMMENDATION: The improvements constructed by Patterson Builders have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements and authorize the City Engineer to file a Notice of Completion. BACKGROUND/ANALYSIS: As an adjunct to the improvements required of the development of Parcel Map 17594 the City authorized Patterson Builders to perform public improvements. The improvements have been completed. Respectfully submitted, .~~f~~= euer Director of Engineering Services/City Engineer MS:DJ/rlc Attachment(s) P209 RESOLUTION NO. 09-Oyu A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS LOCATED ALONG FOOTHILL BOULEVARD 600 FEET EAST OF ROCHESTER AVENUE AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for improvements located along Foothill Boulevard 600 feet east of Rochester Avenue have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. P210 RECORDING REQUESTED BY: CITY OF RANCHO CUCAMONGA P. O. Box 807 Rancho Cucamonga, California 91729 . WHEN RECORDED MAIL TO: CITY CLERK CITY OF RANCHO CUCAMONGA P.~O. Box 807 Rancho Cucamonga, California 91729 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is an owner of an interest or estate in the hereinafter described real property, the nature of which interest or estate is: All public rights-of-way within the boundaries of improvements located along Foothill Boulevard 600 feet east of Rochester Avenue.. 2. The full name and address of the undersigned owner is: CITY OF RANCHO CUCAMONGA, 10500 CIVIC CENTER DRIVE, P. O. BOX 807, RANCHO CUCAMONGA, CALIFORNIA 91730. 3. On. January 15, 2009, there was completed in the hereinafter described real property the work of improvement set forth in the contract documents for: Trench excavation and repair improvements located along Foothill Boulevard 600 feet east of Rochester Avenue. 4. The name of the original contractor for the work of improvement as a whole was: Patterson Builders 5. The real property referred to herein is situated in the City of Rancho Cucamonga, County of San Bernardino; California, and is described as follows: Located along Foothill Boulevard City street right of way 600 feet east of Rochester Avenue. CITY OF RANCHO CUCAMONGA, a Municipal Corporation, Owner DATE fC. teuer Director of Engineering Services/ City Engineer STAFF REPORT ENGIATEF_RING SERVICES DEPdRTMENT Date: March 18, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Jerry A. Dyer, Senior Civil Engineer Shelley Hayes, Assistant Engineer P211 RANCxo C,UCAMONGA Subject: RELEASE OF MAINTENANCE GUARANTEE BOND IN THE AMOUNT OF $11,294.00, FOR THE ARCHIBALD AVENUE COMMUNITY TRAIL' FROM BANYAN TO WILSON PROJECT, CONTRACT NO. 07-218 RECOMMENDATION It is recommended that the City Council authorize the City Clerk to.release Maintenance Guarantee Bond in the amount of $11,294.00, for the Archibald Avenue .Community Trail from Banyan to Wilson Project, Contract No. 07-218. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the improvements remain free from defects in materials and workmanship. Contractor: Pete & Sons Construction Inc. P.O. Box 7339 Riverside, CA 92513-7339 Respectfully submitted, uer Director of Engineering Services/City Engineer MAS/JAD/SH:Is Attachment 2 ARCHIBALD AVE. coMMU1vITY TRaiL <; N YAN STREET TO WILSON AVENUE x.T.s. P213 STAFF REPORT ~ ' ENGINEERING SERVICES DEPARTMENT RANCHO Date: March 18, 2009 C,,UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP; City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Curt Billings, Associate Engineer ~ Shelley Hayes, Assistant Engineers f f Subject: ACCEPT THE THE LANDSCAPE IMPROVEMENTS OF THE MWD PARKWAY AT THE SOUTHEAST CORNER OF BLUEGRASS AND WILSON AVENUES, CONTRACT NO. 08-006 AS COMPLETE, RETAIN THE FAITHFUL PERFORMANCE BOND AS A GUARANTEE BOND, RELEASE THE LABOR AND MATERIAL BOND AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $690,808.40 . RECOMMENDATION It is recommended that the City Council accept the Landscape Improvements of the MWD Parkway at the southeast corner of Bluegrass and Wilson Avenues, Contract No. 08-006, as complete, authorize the City Engineer to file a Notice of Completion, retain the Faithful Performance Bond as a Guarantee Bond, authorize the release of the Labor and Materials Bond in the amount of $696,155.90 six months after the recordation of said notice if no claims have been received and authorize the release of the retention in the amount of $69,080.84, 35 days after acceptance. Also, approve the final contract amount of $690,808.40. BACKGROUND/ANALYSIS The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The Landscape Improvements of the MWD Parkway at the southeast corner of Bluegrass and Wilson Avenues scope of work consisted of clearing and grubbing, A.C. pavement, access ramps, sidewalk, reinforced concrete pipe, cobbles, decomposed granite, automatic irrigation system, boulders, shrubs, trees and utility undergrounding. Pertinent information of the project is as follows: Budgeted Amount: $1,074,000.00 Account Numbers: 11243035650/1398124-0, 11203055650/1398120-0 and 1882000-2314 Engineer's Estimate: $836,789.20 - City Council's Approval to Advertise: December 5, 2007 Publish dates for local paper: December 11 and 18, 2007 Bid Opening: January 8, 2008 P214 CITY COUNCIL STAFF REPORT Re: Accept Landscape Improvements of the MWD Parkway at the southeast corner of Bluegrass and Wilson Avenues March 18, 2009 Page 2 Contract Award Date Low Bidder: Contract Amount: 10% Contingency: Final Contract Amount: Difference in Contract Amount: February 6, 2008 Park West Landscape Inc. $696,155.90 $69,615.59 $690,808.40 <$-5,347.50 (0.77%)> The net decrease in the total cost of the project is a result of two (2) Contract Change Orders, including the Balancing Statement. The notable change that was significant to the decrease of the Contract amount was Contract Change Order No. 1 which deleted the retaining wall bid item and decreased the amount of PCC sidewalk. The Balancing Statement accounts for the changes in the actual bid quantities. Respectfully submitted, uer Director of Engineering Services/City Engineer MAS/CB/SH:Is Attachments P215 CITY OF BAMCNO CUCAMONCA EY6INEEBIN6 DmSlok ONTARIO CITY LIMIT can icrr PBOIECi: MWD Partway laodscapa LBCATIOk: Blaepress 8 WBsoa EIfkIBIT: Ylemlty Map P216 RESOLUTION NO. D /' ~ 7 D A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE LANDSCAPE IMPROVEMENTS OF THE MWD PARKWAY AT THE SOUTHEAST CORNER OF BLUEGRASS AND WILSON AVENUES, CONTRACT NO. 08-006 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the Landscape Improvements of the MWD Parkway at the southeast corner of Bluegrass and Wilson Avenues, Contract No. 08-006, has been completed to the satisfaction of the City Engineer; and complete. WHEREAS, a Notice of Completion is required to be filed, certifying the work NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County.. STAFF REPORT ENGNEERING SERVICES DEPARTb1ENT Date: March 18, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Enginene~ring Services/City Engineer By: Curt Billings, Associate Engineer (~~ Shelley Hayes, Assistant Engineer{-t P217 RANCHO C,,UCAMONGA Subject: ACCEPT THE THE HIGHLAND AVENUE AND FAIRMONT WAY STREET AND LANDSCAPE IMPROVEMENTS FROM SAN BENITO TO KENYON WAY, CONTRACT NO. 08-034 AS COMPLETE, RETAIN THE FAITHFUL PERFORMANCE BOND AS A GUARANTEE BOND, RELEASE THE LABOR AND MATERIAL BOND, AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $552,305.64 ' RECOMMENDATION It is recommended that the City Council accept the Highland Avenue and Fairmont Way Street and Landscape Improvements from San Benito to Kenyon Way, Contract No. 08-034, as complete, authorize the City Engineer to file a Notice of Completion, retain the Faithful Performance Bond as a Guarantee Bond, authorize the release of the Labor and Materials Bond in the amount of $516,998.48 six months after the recordation of said notice if no claims have been received and authorize the release of the retention in the amount of $55,230.58, 35 days after acceptance. Also, approve the final contract amount of $552,305.64. BACKGROUND/ANALYSIS The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The Highland Avenue and Fairmont Way Street and Landscape Improvements from San Benito to Kenyon Way scope of work consisted of clearing and grubbing, A.C. removals, excavation, curb and gutter, A.C. overlay, cold plane, fill topsoil, cobblestones, automatic irrigation system, controllers, boulders, shrubs, trees and mulch. Pertinent information of the project is as follows: Budgeted Amount: Account Numbers: Engineer's Estimate: $958,000.00 11243035650/1514124-0 and 1 025001 56 50/1 51 4025-0 $690,163.00 ~ City Council's Approval to Advertise: December 5, 2007 ~ Publish dates for local paper: December 11 and 18, 2007 Bid Opening: March 18, 2008 P218 CITY COUNCIL STAFF REPORT Re: Accept Highland Avenue and Fairmont Way Street and Landscape Improvements from San Benito to Kenyon Way March 18, 2009 Page 2 ~ Contract Award Date: ~ Low Bidder: Contract Amount: 10% Contingency: ~ Final Contract Amount :- Difference in Contract Amount: April 2, 2008 Diversifed Landscape Management Inc. $516,998.48 $51,699.85 $552,305.64 $35,307.16 (6.83%) The net increase in the total cost of the project is a result of five (5) Contract Change Orders, including the Balancing Statement. The notable changes that were significant to the increase of the Contract amount were Contract Change Orders 1, 3 and 4 which provided for the contractor to purchase and install an Edison service line and cabinet, including trenching across Highland, purchase and install a water meter, removal of deep lift asphalt at various locations, and bike lane stencils and arrows. The Balancing Statement accounts for the changes in the actual bid quantities. Respectfully submitted, r Director of Engineering Services/City Engineer MAS/CB/SH:Is Attachments P219 FROM SAN 03ENIT0 Y® FAIRMONT V1/AX PR0.6ECT LOCATION y in >_ Q Q ; > a ~ > Q I~ ,~ r ~ . Almond Rd ~ ^~ "' ~ ~ ~ Hillside Rd' .I ~ ' .xl A'~, ~ ~ ~, U ~ t - ~ i . mein s ~ ~->~ I w ; ~ ~` sVllilson Av Banyan Std ~ *~ „ r ter ;, ¢ v`~ ` -- e;= u ... ~ ,~ , , a ~_ ~~. ,_; ~ _ -Route 30 ~_- - .< 18th St ` ~ _ ~,, ~ ''" ~ ~y } eE ; ° ~ ' (Highland Av Base Lire-R~" - r r, -r a~ 9~ ' .~; ~ ~~'r r ~ ' ~`"'t`Ine~YY' r i ~~ ~ .' a"'il' `~ - r(Illt..~{ U~ i+ .~ Fr~ L t ':rf ~-'~9. ~t.~~ FoathdlrBl i ~ ~oo~hd161=~i t ',, ~R \ !~!~ K ~ ~ An-ovroltt i ' ~5 j rn ~4 - (llrrow Rt 8th St ~ - _ ~ `~- -"- c 10Freewa L~-t~-Nr~i~ ~~ `~ ~`p I _ ---~- QIBthSt3d~ ~~'~ ' I ~~i t~ "ter ~ ~Q ~ ~ ~;-_ I ...~ Q qt?> Q~ a ~° -~ ~ oa-~~--~=Y '. -- ~~,A. ~O Free ai ~+ ~ = r ~ = Q ~ _ ~ f w P220 RESOLUTION NO. ©/-®-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE HIGHLAND AVENUE AND FAIRMONT WAY STREET AND LANDSCAPE IMPROVEMENTS FROM SAN BENITO TO KENYON WAY, CONTRACT NO. 08-034 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the Highland Avenue and Fairmont Way Street and Landscape Improvements from San Benito to Kenyon Way, Contract No. 08-034, has been completed to the satisfaction of the City Engineer; and complete. WHEREAS, a Notice of Completion is required to be filed, certifying the work NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. P221 STAFF REPORT t- ENGINEERING SERVICES DEPARTTIENT RANCHO Date: March 18, 2009 cUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Romeo M. David, Associate Engineer Shelley. Hayes, Assistant Engineer .~.'- Subject: ACCEPT THE THE 19TH STREET PARKWAY LANDSCAPE IMPROVEMENTS AND SAPPHIRE STREET PARKWAY LANDSCAPE IMPROVEMENTS, CONTRACT NO. 08-073 AS COMPLETE, RETAIN THE FAITHFUL PERFORMANCE BOND AS A GUARANTEE BOND, RELEASE THE LABOR AND MATERIAL BOND AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $200,006.00 RECOMMENDATION It is recommended that-the City Council accept the 19~' Street Parkway Landscape improvements and Sapphire Street Parkway Landscape improvements, Contract No. 08-073, as complete, authorize the City Engineer to file a Notice of Completion, retain the Faithful Performance Bond as a Guarantee Bond, authorize the release of the Labor and Materials Bond in the amount of $195,959.00 six months after the recordation of said notice if no claims have been received and authorize the release of the retention in the amount of $20,000.60, 35 days after acceptance. Also, approve the final contract amount of $200,006.00. BACKGROUND/ANALYSIS The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The 19'h Street Parkway Landscape improvements and Sapphire Street Parkway Landscape improvements scope of work consisted of concrete sidewalk, cobblestone hardscape, boulders, irrigation, plants, trees, etc. Pertinent information of the project is as follows: Budgeted Amount: Account Number: Engineer's Estimate: $200,000:00 11103165650/ 1522110-0 $209,989.85 City Council's Approval to Advertise: May 7, 2008 .Publish dates for local paper: May 16 and 22, 2008 Bid Opening: June 3, 2008 Contract Award Date: June 18, 2008 P222 CITY COUNCIL STAFF REPORT Re: Accept 19'" Street Parkway Landscape Improvements and Sapphire Street Parkway Landscape Improvements March 18, 2009 Page 2 ~ Low Bidder :- Contract Amount: :- 10% Contingency: ~ Final Contract Amount - Difference in Contract Amount: Land Forms Landscape Construction Inc. $195,959.00 $19,595.90 $200,006.00 $4,047.00 (2.07%) The net increase in the total cost of the project is a result of two (2) Contract Change Orders, including the Balancing Statement. The notable change that was significant to the .increase of the Contract amount was the demolition of an existing wall footing on Sapphire. The Balancing Statement accounts for the changes in the actual bid quantities. Respectfully submitted, ar uer Director of Engineering Services/City Engineer MAS/RMD/SH:Is Attachments ® ® ® ~ ~~ ~ _ e H ~. I-~1 dz ~ ~ ~ w 0 a a I P223 m zF r. ,.. Z .,. ~~ z ~~ w E-' a d r_Za ~ 0 o ~ ~ o ~--~ ~ ~ U Ca ~ O x U ~ L~ O ~., P" U E+ E-+ W C!~ W E~-~ ~ L/] '"' x xa a ~~ P224 RESOLUTION NO. D9-O.SO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE 19TH STREET PARKWAY LANDSCAPE IMPROVEMENTS AND SAPPHIRE STREET PARKWAY LANDSCAPE IMPROVEMENTS, CONTRACT NO. 08-073, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the 19th Street Parkway Landscape improvements and Sapphire Street Parkway Landscape improvements, Contract No. 08-073, has been completed to the satisfaction of the City Engineer; and complete. WHEREAS, a Notice of Completion is required to be filed, certifying the work NOW, THEREFORE, the City Council of the City of Raricho Cucamonga hereby resolves that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. P225 STAFF REPORT - PL~INNING DEPARTMENT RANCHO Date: March 18, 2009 C,UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager ~/ From: James R. Troyer, AICP, Planning Director;k~ By: Waen Messner,.Associate Planner "`JJJ Subject: ENVIRONMENTAL ASSESSMENT AND APPROVAL OF THE ORDINANCE OF VACANT AND ABANDONED RESIDENTIAL, COMMERCIAL AND INDUSTRIAL PROPERTIES - DRC2008-00295 -CITYWIDE - An Ordinance to adopt regulations pertaining to the maintenance and security of vacant and abandoned residential, commercial and industrial properties and amending Title 8 of the Municipal Code. It is not anticipated that the project would have any significant impacts on the environment and therefore, the project is not subject to further review pursuant to California Environmental Quality Act (CEQA), Section 15061(b)(3). Staff has prepared a Notice of Exemption for consideration. (Second Reading). RECOMMENDATION: Staff recommends that the City Council approve the second reading of the Ordinance of Vacant and Abandoned Residential, Commercial and Industrial Properties DRC2008-00295. BACKGROUND: On March 4, 2009, Staff provided an oral presentation to City Council detailing the contents of the Ordinance of Vacant and Abandoned Residential, Commercial and Industrial Properties. The purposes of the Ordinance are to adopt regulations pertaining to the maintenance and security of vacant and abandoned residential, commercial and industrial properties and amending Title 8 of the Municipal Code. The City Council unanimously approved the proposed Ordinance after the first reading. Respectfully submitted,~^'~~ ~v~ fi ~~ 0 James R. Troyer, AICP Planning Director JRT:WM P226 ORDINANCE NO. 810 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ADOPTING REGULATIONS PERTAINING TO THE MAINTENANCE AND SECURITY OF VACANT AND ABANDONED RESIDENTIAL, COMMERCIAL AND INDUSTRIAL PROPERTIES, AND AMENDING TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES ORDAIN AS FOLLOWS: SECTION 1. A new Chapter 8.40 is hereby added to Title 8 of the Rancho Cucamonga Municipal Code to read as follows: Chapter 8.40 MAINTENANCE OF FORECLOSED AND ABANDONED RESIDENTIAL, COMMERCIAL AND INDUSTRIAL PROPERTIES Sections: 8.40.010 Findings, purpose and intent. 8.40.020 Definitions. 8.40.030 Recordation of transfer of loan or deed of trust; assignment of rents. 8.40.040 Registration. 8.40.050 Maintenance requirements. 8.40.060 Security requirements. 8.40.070 Additional authority. 8.40.080 Enforcement. 8.40.010 Findings, purpose and intent. The City Council finds, determines and declares that: A. The presence of vacant or abandoned residential, commercial or industrial properties can lead to neighborhood decline. B. The presence of vacant or abandoned residential, commercial or industrial properties can create an attractive public nuisance. C. The presence of vacant or abandoned residential, commercial or industrial properties can contribute to lower property values. P227 Ordinance No. 810 Page 2 of 8 D. The presence of vacant or abandoned residential, commercial or industrial properties can discourage potential buyers from purchasing property adjacent to or in neighborhoods with such vacant, abandoned properties. E. In many instances, the lenders and trustees in foreclosures fail to adequately maintain and secure these vacant residential, commercial or industrial properties. F. It is the purpose and intent of the City Council in enacting this Chapter, to protect the public health, safety and welfare of the City and its citizens by protecting its residential, commercial and industrial neighborhoods from decline and depreciation, and preventing unsafe conditions. G. It is the further purpose and intent of the City Council in enacting this Chapter, to establish a registration program for properties that are vacant or abandoned, due to foreclosure or otherwise, as a mechahism to protect neighborhoods from becoming blighted due to the lack of adequate maintenance and security of abandoned properties. 8.40.020 Definitions. For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows: "Abandoned" means a condition in which a property is vacant or distressed "Accessible" means capable of being accessed through a compromised or insecure gate, fence, wall, or entrance, or unsecured or capable of being breached so as to allow access to the interior space of a structure by unauthorized persons. "Agreement" means any agreement or written instrument which provides that title to residential property shall be transferred or conveyed from one owner to another owner after the sale, trade, transfer or exchange of said property. "Assignment of Rents" means an instrument that transfers the beneficial interest under a deed of trust from one lender or entity to another. "Beneficiary" means a lender party of a note secured by a deed of trust. "Buyer" means any person or entity who agrees to transfer anything of value in consideration for property described in an agreement for sale of said property. "Days" means consecutive calendar days P228 Ordinance No. 810 Page 3 of 8 "Deed of Trust" means an instrument by which title to real estate is transferred to a third party trustee as security for a real estate loan, In the State of California, the term "deed of trust" is used instead of the term "mortgage." This definition applies to any and all subsequent deeds of trust (i. e., 2nd trust deed, 3rd trust deed, etc.). "Deed in lieu of foreclosure or sale" means a recorded document that transfers ownership of a property from the trustor to the holder of a deed of trust upon consent of the beneficiary of the deed of trust. "Default" means the failure to fulfill a contractual obligation, monetary or conditional. "Distressed" means a condition in which a property: (a) is in receipt of a current Notice of Default or Notice of Trustee's Sale; (b) is the subject of a pending Tax Assessor's Lien Sale; (c) is the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure; or (d) is transferred under a deed in lieu of foreclosure or sale. "Evidence of vacancy" means any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions include, but are not limited to, conditions violating property maintenance standards set forth in this Code, any unsecured entrances, broken windows, overgrown or dead vegetation, accumulation of newspapers, circulars, flyers or mail, past due utility notices or disconnected utilities, accumulation of trash, junk or debris, the absence of window coverings such as curtains, blinds or shutters, the absence of furnishings or personal items at a residence, consistent with residential habitation, statements by neighbors, passersby, delivery agents, government employees, utility employees, or others who regularly observe the property, that the property is vacant. "Foreclosure" means the process by which a property, placed as security for a real estate loan, is sold at auction to satisfy the debt if the trustor defaults. "Landscape Maintenance Requirements" means any and all landscape requirements and standards applicable to the property pursuant to the Rancho Cucamonga Municipal Code. In addition to acceptable types of live or artificial lawn grass landscaping authorized by said Code, and with the prior written approval of the City Planning Director, any person or entity responsible for maintaining property pursuant to this Chapter may utilize a non-toxic, biodegradable, grass-colored green spray paint or substance specifically designed and manufactured to be used to simulate lawn grass, which shall be applied to existing dead grass or other plant material by a professional contractor having any and all permits and licenses required by law to perform such service. Such authorized green spray paint or other substance may be used for a maximum of six (6) months from the date of first application, unless the property remains unoccupied and a written extension, not to exceed three (3) months per extension, is obtained from the Planning Director. P229 Ordinance No. 810 Page 4 of 8 The authorized green spray paint or other substance shall be applied during the initial six (6) month period, and any periods of extension, as needed, to maintain the original color and color intensity. "Local" means within eighty (80) miles of the subject property. "Notice of Default" means a recorded notice that a default has occurred under a deed of trust and that the beneficiary intends to proceed with a trustee's sale. "Out of area" means in excess of eighty (80) miles of-the subject property. "Owner" means any person or entity having a legal or equitable title or any interest in any property. "Owner of record" means the person currently having record title to the property at the San Bernardino County Recorder's Office. "Property" means any real property, or portion thereof, upon which any structure is located, situated in the city, designed or permitted to be used for residential, commercial or industrial purposes, and shall include all buildings and structures located on such property. This includes any real property being offered for sale, trade, transfer, or exchange as "residential" whether or not it is legally permitted or zoned as such. "Securing" means such measures as may be directed by the Building Official or his or her designee that render the property inaccessible to unauthorized persons, including but not limited to the repairing of fences and walls, chaining or padlocking of gates, the repairing of doors, windows or other openings. "Trustee" means the person, firm or corporation holding a deed of trust on a property. "Trustor" means a borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt. "Vacant" means a condition of property in which any building or structure thereon is not legally occupied. 8.40.030 Recordation of transfer of loan or deed of trust; assignment of rents. Within thirty (30) days of the purchase or transfer of a loan or deed of trust secured by property located in the City of Rancho Cucamonga, the new beneficiary or trustee shall record, with the San Bernardino County Recorder's Office, an Assignment of Rents, or similar document, that lists the name of the corporation or individual, the mailing address and contact phone number of the new beneficiary or trustee responsible for receiving payments associated with the loan or deed of trust. P230 Ordinance No. 810 Page 5 of 8 8.40.040 Registration and Fee. . A. Upon default by the trustor, any beneficiary or trustee who holds a deed of trust on a property located within the City of Rancho Cucamonga shall perform an inspection of the property that is the security for the deed of trust, prior to recording a Notice of Default with the San Bernardino County Recorder's Office. If the property is found to be vacant or shows evidence of vacancy, it is, by this chapter, deemed abandoned and the beneficiary or trustee shall, within thirty (30) days of the inspection, register the property with the Building Official or his or her designee on forms provided by the City. B. The registration form shall contain the name of the beneficiary or trustee, whether a corporation or an individual, the direct street or office mailing address of the beneficiary or trustee (no P.O. boxes), a direct contact name and phone number for the beneficiary or trustee, and in the case of a corporation or out-of-area beneficiary or trustee, the local property management company responsible for the security, maintenance arid marketing of the property. C. A registration shall be valid for one (1) year from the date the registration form is received by the City. Subsequent registrations are due annually for as long as the property is abandoned. D. This chapter shall also apply to.properties that have been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure or transferred under a deed in lieu of foreclosure or sale. E. Property shall be subject to this chapter's requirements as long as any such property remains vacant. F. Any person, firm or corporation that has registered a property under this chapter must report, in writing, any change of information contained in the registration within thirty (30) days of the change to the Building Official. 8.40.050 Maintenance requirements. A. All vacant properties within the City shall be kept free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of papers or documents, except those required by federal, state or local law, and discarded personal property, including but not limited to, furniture, equipment, machinery, inoperable vehicles, clothing, appliances, printed materials or any other items that contribute to the appearance that the property is abandoned or that constitute evidence of vacancy. B. All vacant properties shall be maintained free of graffiti, tagging or similar markings by removing or painting over the graffiti with an exterior grade paint that matches the color of the exterior of the structure. P231 Ordinance No. 810 Page 6 of 8 C. Visible front and side yards and setback areas shall be landscaped and maintained according to the standards and landscape maintenance requirements, set forth in the Rancho Cucamonga Municipal Code and applicable land use approvals for the property. Maintenance required for visible front and side yards and setback areas also includes, but is not limited to, regular watering, cutting, pruning and mowing of landscape and removal of all yard trimmings. D. Pools and spas shall be secured in a safe and lawful condition with approved fences and devices as required by the City's Building Code. Pools and spas shall be drained and kept dry or kept in working order so that the water remains clear and free of pollutants and debris. E. All properties within the City shall be maintained in such a manner so as not to constitute a public nuisance. as described and prohibited in Sections 8.23.050 of 8.23.060 of the Rancho Cucamonga Municipal Code. F. Nothing in this chapter shall be deemed to excuse any violation of any other provision of this Code pertaining to maintenance or security of property or structures. 8.40.060 Security requirements. A. All vacant and abandoned properties within the City shall be maintained and secured in such a manner so as not to be accessible to unauthorized persons. Sufficient security includes, but is not limited to, the closure and locking of windows, doors, gates and any other opening of such size that it may allow a child to access the interior, of the property, its buildings or its structures, and when necessary, the replacement or reglazing of windows. B. If the property is owned by a corporation or out-of-area beneficiary, trustee or owner, such out-of-area beneficiary, trustee or owner shall hire a local property management company or other responsible person to monitor the property for compliance with this Chapter. C. The property shall be posted with the name and 24-hour contact phone number of the local property management company or other responsible person in a manner sufficient to allow an individual to contact and notify the local property management company or other responsible person of any problems or concerns regarding the property. The posting shall be placed on the interior of a first floor window facing the street so that it is visible from the street, or secured to the exterior of the building or structure facing the street to the front of the property so that it is visible from the street, or otherwise as directed by the Building Official or designee. 8.40.070 Additional authority. In addition to the enforcement remedies established in this Code or otherwise by law, the Building Official or his or her designee shall have the authority to require the beneficiary, trustee, owner, or owner of record of any property subject to this chapter to P232 Ordinance No. 810 Page 7 of 8 implement additional maintenance or security measures, including but not limited to, securing any and all doors, gates, windows or other openings, installing additional security lighting, increasing on-site inspection frequency, or other measures as may be reasonably required to prevent the decline of the condition or appearance of the property. 8.40.080 Enforcement. A. The City Manager or his or her designee, including but not limited to police officers, code enforcement officers, or other enforcement officials shall have the authority to enforce the provisions of this Chapter. B. Any person who violates any provision of this Chapter is guilty of a misdemeanor, and upon conviction shall be punished as set forth in Chapter 1.12 of the Rancho Cucamonga Municipal Code. C. Any person who violates any provision of this Chapter shall be subject to the enforcement remedies set forth in Chapter 1.12 of the Rancho Cucamonga Municipal Code. D. Nothing in this Chapter shall be intended to limit any of the civil, administrative or criminal remedies available to the City, nor shall it be intended to limit the City from engaging in efforts to obtain voluntary compliance by means of warnings, notices, administrative citations or educatiohal programs." SECTION 2. .The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this Ordinance, and the regulations established hereby, may have a significant effect on the environment, because the Ordinance will impose property maintenance obligations as to vacant and abandoned properties in the City, and will thereby serve to reduce potential significant adverse environmental impacts. It is therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations. SECTION 3. SEVERABILITY. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. SECTION 4. The City Clerk shall certify to the adoption of this Ordinance. Please see the following page /or /ormal adopt/on, certification and signatures P233 Ordinance No. 810 Page 8 of 8 PASSED, APPROVED, AND ADOPTED this 18th day of March 2009. Donald J. Kurth, M.D.,.Mayor ATTEST: Janice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 4th day of March 2009, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 18th day of March 2009. Executed this 19th day of March 2009, at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk P234 STAFF REPORT ~- ~ ' PL~INNING DEPARTMENT RANCHO CUCAMONGA Date: March 18, 2009 To: Mayor and Members of the City Council From: James R. Troyer, AICP Planning Director By: Tabe van der Zwaag, Associate Planner Subject: ENVIRONMENTAL ASSESSMENT AND TERRA VISTA COMMUNITY PLAN AMENDMENT - DRC2008-00761 - LEWIS OPERATING CORP. - A request to reduce the front-to-front building separation from 30 feet to 16 feet and the side-to-side building separation requirement from 15 feet to 8 feet for two-story buildings within the Medium-High Residential Development District (14-24 d/u per acre) of the Terra Vista Community Plan. Related .Files: Tentative Tract Map SUBTT18710, Development/Design Review DRC2008-00306 and Variance DRC2008-00762. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. RECOMMENDATION: The Planning Commission recommends that the City Council adopt a Mitigated Negative Declaration of environmental impacts and approve the applicant's request to amend the building separation requirements of the Terra Vista Community Plan and to adopt a Mitigated Negative Declaration of environmental impacts. BACKGROUND: On January 14, 2009, the Planning Commission recommended approval of the applicant's proposed Text Amendment to the Terra Vista Community Plan (DRC2008-00761). The amendment is related to the proposed development of 241 rental condominium units which will be the final phase of the Homecoming Project within the Terra Vista Community Plan. The applicant proposes developing a portion of the 15.69 acre site with single unit and duplex townhouse style buildings. -The building separations for the single unit and duplex buildings do not meet the existing required building separations of 30 feet from front-to-front and 15 feet from side-to-side. The proposed building separations are as, follows: 16 feet from front-to-front and 8 feet from side-to-side with the buildings plotted along landscaped paseos. The proposed text amendment will only cover single and duplex two-story buildings within the Medium-High Density Residential District of the Terra Vista Community Plan. ANALYSIS: The Terra Vista Community Plan specifies that projects located within the Medium-High (MH) Density Residential District use the building separation requirements outlined in the Development Code (Table 17.08.040-E). The amendment will add the following underlined text to the existing building separation criteria outlined in the Terra Vista Community Plan for development in the Medium-High Density Residential District: P235 CITY COUNCIL STAFF REPORT DRC2008-00761 - LEW IS OPERATING CORPORATION March 18, 2009 Page 2 Chapter V, Community Development Standards, Medium-High Density Residential Site Development Standards, page V-15: (h) Building separations: The standards from the Rancho Cucamonga Development Code shall apply with the following exception: of 8 feet: The applicant indicates that the requested reduction in the City's building separation requirements is justified because the proposed single unit and duplex buildings will provide the residents with a living arrangement that at most shares one wall, which will reduce noise issues between adjoining units and will allow more daylight into each unit through the placement of windows on the side elevations. Additionally, the decreased building separations will allow the townhouse-style units to meet the density requirements of the Medium-High Density Residential District (14 to 24 units per acre). ENVIRONMENTAL ASSESSMENT: Pursuant to the California. Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures related to air quality, biological resources, geology and soils, hydrology and water quality and noise, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. A Mitigation Monitoring Program has also been prepared to ensure implementation of, and compliance with, the mitigation measures for the project. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Dailv Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site to properties to the north, south, east, and west. CONCLUSION: Staff finds the proposed Terra Vista Community Plan Amendment to be an appropriate and effective means for implementing the goals and objectives of the General Plan and the Terra Vista Community Plan. The Terra Vista Community Plan Amendment will provide additional site design opportunities for a specific product type in suitable locations. Staff concludes that proper site planning can overcome any issues that may arise from the reduced building separations, and that future residents of projects developed using this criteria will be afforded the same high quality-of-life standards expected from all developments within the City. The Planning Commission conducted a public hearing on January 14, 2009, and recommended that the City Council adopt a Mitigated Negative Declaration and approve Terra Vista Community Plan Amendment DRC2008-00761. P236 CITY COUNCIL STAFF REPORT DRC2008-00761 - LEWIS OPERATING CORPORATION March 18, 2009 Page 2 Respectfully submitt d, Ja Troyer, AICP PI ing Director JT:TV/ds Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Draft Ord - Plannirg Commission Staff Report, dated January 14, 2009 - Planning Commission Resolution of Approval, dated January 14, 2009 - Planning Commission Minutes, dated January 14, 2009 - Planning Commission Staff Report -Request to Initiate a Text Amendment, dated November 12, 2008 finance DRC2008-00761 P237 STAFF REPORT PLANNING DEPAIrTME[~TT Date: To: From: By: Subject: January 14, 2009 Chairman and Members of the Planning Commission James R. Troyer, AICP, Planning Director Tabe van der Zwaag, Associate Planner RANCHO C',UCAMONGA ENVIRONMENTAL ASSESSMENT AND TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2008-00761 -LEWIS OPERATING CORP. - A request to reduce the front-to-front building separation from within the Medium-High Residential Development District (14-24 dwelling unit per acre) of the Terra Vista Community Plan. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18710 -LEWIS OPERATING CORP. - A request to subdivide a partially developed lot of 20.69 acres into two lots for condominium purposes within the Medium-High Residential Development District (14-24 dwelling unit per acre) of the Terra Vista Community Plan, located on the north side of Church Street and east of Milliken Avenue -APN: 0227-532-16. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AND DESIGN REVIEW DRC2008-00306 -. LEWIS OPERATING CORP. - A request to construct amulti-family housing development consisting of 241 units on 15.69 acres of land within the Medium-High Residential Development District (14-24 dwelling unit per acre) of the Terra Vista Community Plan, located on the north side of Church Street and east of Milliken Avenue - APN: 0227-532-16. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. VARIANCE DRC2008-00762 -LEWIS OPERATING CORP. - A request to construct walls . with a calculated height of up to 10 feet high related to the development of 241 unit condominiums (DRC2008-00306) within the Medium-High Residential Development District (14-24 dwelling unit per acre) of the Terra Vista Community Plan, located on the north side of Church Street and east of Milliken Avenue -APN: 0227-532-16. PROJECT AND SITE DESCRIPTION: A. Project Density: 16 dwelling units per acre. B. Surrounding Land Use arid Zoning -Terra Vista Community Plan: North - Milliken Park, Open Space South - Vacant Lot (across Church Street), Mixed-Use District -MHO (hospital, office and related facilities) East - Existing Multi-Family Residehces, Medium-High Residential (14-24 dwelling units per acre) West . - Existing Storage Facility and Multi-Family Residences, Medium-High Residential (14-24 dwelling units per acre) ~~~~~~~ PLANNING COMMISSION STAFF REPORT P238 DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 - LEWIS OPERATING CORPORATION January 14, 2009 Page 2 C. General Plan Designations: Project Site - .Medium-High Residential, (14-24 dwelling units per acre) North - Open Space South - Mixed-Use (across Church Street) East - Medium-High Residential (14-24 dwelling units per acre) West - Medium-High Residential (14-24 dwelling units per acre) D. Site Characteristics: The 15.69-acre vacant project site is located on the north side of Church Street and east of Milliken Avenue. It is bounded by Milliken Park to the north, Church Street to the south, multi-family residences to the east (earlier phases of Homecoming at Terra Vista), and a storage facility and multi-family residences to the west. The site slopes gently .from north to south and is covered with non-native grasses, which are routinely disturbed for weed control. There. are no unique features, nor any existing structures or trees on-site. There is a maximum 2-foot grade difference between the site and the developed lots to the north and west and a maximum 8 1/2-foot grade difference from the developed lot to the east. ANALYSIS: A. General: The proposed 241-unit rental condominium project is the final phase of the Homecoming at Terra Vista rental condominium development, which will have 868 units with the completion of this final phase. The related Development/Design review files for the earlier phases are DRC2001-00791 and DRC2005-00228. The submittal also includes atwo-lot condominium map (SUBTT18710). The 15.69-acre project site will encompass Lot 1, and a 5-acre portion of an earlier phase of Homecoming at Terra Vista will encompass Lot 2. The project density is 16 dwelling units per acre, which is at the low end of the 14 to 24 unit density range permitted within the Medium-High, Development District of the Terra Vista Community Plan. B. Layout: The applicant proposes developing the southern portion of Lot 1, which is adjacent to Church Street, with amulti-family product that is identical in layout to that used on the earlier phases of the Homecoming project. Additionally, they plan to develop the northern portion of Lot 1, which is adjacent to Milliken Park, with smaller, single unit and duplex townhouse style buildings. The site will have a formal gated vehicle entrance on Church Street and share two additional vehicle connections with the earlier phases of the project. The site will also include pedestrian connections to Church Street, Milliken Park, and the earlier phases of the project. C. Design: The project includes 6 different building types which were designed to be reminiscent of Spanish style architecture. There will be 166 two-bedroom units and 75 three-bedroom units, ranging in size from 1,031 square feet to 1,571 square feet. Building Types 2 and 3 and 5 and 6 are paired buildings. The paired buildings consist of 4 or 5 (depending on the building type) two-story units with private patios separating the dwelling units from the garages, 2 units over the garages and 1 single-story unit located at the end of one of the buildings. Building Type 28 is a two-story detached single unit building with a patio located on the side of the building. Building Type 27 is a paired two-story unit with one unit with a balcony and a small ground level patio and the other unit with a patio located on the side of the building. All units surpass the private open space requirement, and the project as a whole surpasses the common open space requirement. D. Building Seoarations: The Terra Vista Community Plan specifies that projects located within the Medium-High Residential Development District use the building separation requirements outlined in the Development Code (Table 17.08.040-E), which are 30 feet front-to-front and 15 feet side-to-side and rear-to-rear. Building separations for the project were calculated from building face-to-building face. The face of the building was measured from the main building wall plane beyond the covered entrances and porches. The building separations for the 7-unit (Types 2 and PLANNING COMMISSION STAFF REPORT P239 DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 - LEWIS OPERATING CORPORATION January 14, 2009 Page 3 8-unit (Types 5 and 6) all meet or exceed the separations for the detached single-unit (Type front-to-front and 8 feet side-to-side, which requirements. The applicant has requested Community Plan (DRC2008 00761) for reduced Development District. minimum separation requirements. The building 28) and duplex (Type 27) buildings are 16 feet is deficient in meeting the building separation an amendment to the submitted ~; Terra Vista building setbacks in the Medium-High Residential E. Terra Vista Community Plan Amendment: The Planning Commission reviewed and approved the applicant's request to initiate the proposed Terra Vista Community Plan Amendment on November 12, 2008. The amendment proposes reducing the required front-to-front setback from 30 feet to 16 feet and the side-to-side setback from 15 feet to B feet. The amendment will only cover single and duplex two-story buildings within the Medium-High Residential Development District of the Terra Vista Community Plan. The applicant requests to add the following underlined text to the existing building separation criteria outlined in' the Terra Vista Community Plan for Medium-High Residential development: Chapter V, Community Development Standards, Medium-High Density Residential Site Development Standards, page V-15: (h) Building separations: The standards from the Rancho Cucamonga Development Code shall apply except for the followino exception: Two-story duplex and detached single-unit buildinas may be develooed with a reduced front-to-front building separation of 16 feet and aside-to-side buildinc separation of 8 feet. The applicant indicates that the requested reduction in the City's building separation requirements is justified because the proposed townhouse-style units will provide the residents with a living arrangement that, at most, shares one wall, which will reduce noise issues between adjoining units and will allow more daylight into each unit through the placement of windows on the side elevations. Additionally, the decreased building separations will allow the townhouse-style units to meet the density requirements of the Medium-High Residential District (14 to 24 units per acre). Staff concludes that proper site planning can overcome any issues that may arise from the reduced building separations, and that future residents of projects developed using this criteria will be afforded the same high quality-of-life standards expected from all developments within the City. F. Recreational Amenities: The Development Code requires that projects between 101 and 299 units provide five recreational amenities from an approved list. The applicant proposes four amenities from the approved list and one non-conventional amenity (rain and wind gardens). The Design Review Committee has reviewed and tentatively approved the rain and wind gardens as suitable amenities. The applicant has also requested that they be able to count amenities provided on the earlier phases of the overall project for the following reasons: i) that they developed 40 units less than were originally approved on the earlier phases (DRC2001-00791 and DRC2005-00228); 2) the large size of those amenities; and 3) that the tenants will have easy access to those amenities. The applicant proposes the following amenities: On-site: • Outdoor recreation area (28-foot by 36-foot pool, 9-foot diameter spa, two shade pavilions, sun deck, and restrooms). Four outdoor kitchen nodes (BBO, sink, granite counter tops and seating). • Rain (water feature) and wind (wind sculpture) gardens that include decorative landscaping, hardscape and seating area. PLANNING COMMISSION STArF REPORT P240 DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 - LEWIS OPERATING CORPORATION January 14, 2009 Page 4 Off-site • Recreation building totaling 14,000 square feet (exercise room, media lounge, game room, library, cafe, etc.) • Tot Lot located directly adjacent to the east property line. G. Parking Calculations: The site will include a total of 534 parking spaces, 25 spaces over the minimum requirement. Nineteen of the guest parking spaces will be provided off-site, directly adjacent to the east property line on an earlier phase of the project. The applicant has informed staff that they strictly monitor on-site parking through the use'of parking stickers and passes for both tenants and guests. This strict control has resulted in residents and guests always having adequate available parking (see parking survey). Staff believes that with the parking provided and good parking management, there will be more than sufficient parking to meet the projects needs. Parking Calculation Number of Bedrooms Number of Units Code Standard Sub Total {Spaces) Two-Bedroom Units 166 1.8 spaceslunit 299 'I Three-Bedroom Units 75 2 spaces/unit 150 Guest Parking 241 .25 spaces/unit 60 Total Spaces Required 509 Total Enclosed Spaces Provided 368 Total Unenclosed Spaces Provided 147 Total Guest Spaces Provided on Adjacent Parcel 19 -Total Parking Spaces Provided 534 H. Variance: The applicant is requesting to construct property line walls with a calculated height as high as 10 feet along portions of the east property line and 7 feet high along portions of the north and west property lines (DRC2008-00762). The maximum permitted wall height is 6 feet for all residential districts within the Terra Vista Community Plan area. The additional wall height is necessary because of the grade difference between the applicant's site and the existing residential projects to the east and west and the City park to the north. The 10-foot high wall along the east property line will be partially screened by a proposed pedestrian ramp that will connect the site with the earlier phases of the project. FACTS FOR FINDINGS: The purpose of a Variance is to provide flexibility from the strict application of the development standards when special circumstances pertaining to the property such as size, shape, topography or location deprives such property of privileges enjoyed by other property owners in the vicinity and in the same district. In order to grant a request for a Variance, the Planning Commission must make a series of findings. Generally, these findings focus on unique or special circumstances applicable to a specific property. Following are facts to support the necessary findings: Findin That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objective of this Code. Fact: The City has a policy of requiring 6-foot high property line walls on all residential developments. The grade difference between the project site and the neighboring lots necessitates that the applicant construct retaining walls topped by free-standing wrought iron fences. Without the Variance, the proposed walls/fences would be over the maximum 6-foot height permitted by the PLANNING COMMISSION STAFF REPORT P241 DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 - LEWIS OPERATING CORPORATION January 14, 2009 Page 5 Terra Vista Community Plan. The elimination of the retaining walls would require-the .applicant to significantly redesign the project, which would result in the development of fewer units and the project being deficient in meeting the density range of 14 to 24 dwelling units per acre required in the Medium-High Residential Development District, thus placing an unnecessary physical hardship on the applicant. 2. Findin That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or the intended use of the property that do not apply generally to other properties in the same zone. Fact: The subject infill site is surrounded by developed lots which were graded at the time of development in a manner that has led to there now being significant grade differences between the site and the lots to the north, east, and west, .necessitating the need for retaining walls topped by the required 6-foot high property line walls. 3. Finding: That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners bf other properties in same zone. Fact: Without the requested Variance, the applicant would be limited to constructing walls less than the required 6-foot height, which would deprive the applicant from the ability to properly secure the perimeter of the site. 4. Finding: That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone. Fact: The additional wall height will allow the applicant to construct property line walls with a maximum height of 6 feet, as measured on the shortest side of the wall/fence, which is consistent with the surrounding properties and should not be considered the granting of a special privilege. Finding: The granting of the Variance will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Fact: The proposed walls to the north and west will have a calculated height that is 1-foot greater than that permitted by the City. The proposed east property line wall separates two properties owned by the applicant. Staff believes that the design of the subject walls do not appear to result in unwanted view or visual impacts on the neighboring properties and will not result in significant impacts that would be detrimental to the public welfare or are injurious to the dther properties in the vicinity. Design Review Committee: The project was reviewed by the Committee (Stewart, Munoz, Nicholson) on November 18, 2008. The Committee recommended approval of the project with the following changes to the rear elevations of the 7- and 8-unit buildings: (1) add window surrounds; (2) increase the size of faux window shades; and 3) add a decorative belly band to help break-up the large wall planes. The applicant has made all the requested changes to staff's satisfaction. Grading and Technical Review Committees: The project was reviewed by these Committees on November 18, 2008. The Committees recommended approval of the project without changes. K. Neighborhood Meeting: A neighborhood meeting was held on November 17, 2008. The meeting was attended by one resident who lives in the single-family residences south of the project across Church' Street. The resident was interested in visiting the site and seeing what was being PLANNING COMMISSION STAFF REPORT P242 DRC2006-00761/SUBTT18710lDRC2008-00306/DRC2008-00762 - LEWIS OPERATING CORPORATION January 14, 2009 Page 6 proposed. The applicant's representative presented a slide show highlighting the layout and amenities of the existing project and how the proposed project will be integrated into the overall site plan. The resident did not raise any concerns about the proposed project. L. Environmental Assessment: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures related to air quality, biological resources, geology and soils, hydrology and water quality and noise, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. A Mitigation Monitoring Program has also been prepared to ensure implementation of, and compliance with, the mitigation measures for the project. CORRESPONDENCE:. This item was advertised as a public hearing in the Inland Vallev Dailv Bulletin newspaper, the .property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached Resolution recommending that the City Council adopt a Mitigated Negative Declaration of environmental impacts and approve Terra Vista Community Plan Amendment DRC2008-00761. Terra Vista Community Plan Amendment DRC2008-00761 will be forwarded to the City Council for final action. Staff also recommends that the Planning Commission approve Tentative Tract Map SUBTT18710, Development Review DRC2008-00306, and Variance DRC2008-00762 by adoption of the attached Resolutions of Approval with Conditions and issuance of a Mitigated Negative Declaration of environmental impacts. :tfull1y,~,s/~ubmi~tted, 1 /rn ~E~' /\ - C\~/ R. Troyer, AICP a Director JRT:TV\ma Attachments: Exhibit A -Site Utilization Plan Exhibit B -Architectural Site Plan Exhibit C -Elevations, Roof Plans, and Floor Plans Exhibit D -Tentative Tract Map Exhibit E -Conceptual Grading Plans Exhibit F -Landscape Plans Exhibit G -Design Review Action Comments dated November 18, 2008 Exhibit H -Initial Study Parts I and II Draft Resolution , of Approval for Terra Vista Community Plan DRC2008-00761 Draft City Council Ordinance for Terra Vista Community Plan DRC2008-00761 Draft Resolution of Approval for Tentative Tract Map SUBTT18710 Draft Resolution of Approval for Development Review DRC2008-00306 Draft Resolution of Approval for Variance DRC2008-00762 Amendment Amendment P243 ~' ~ a ~ti pQ~(V 9~ ~o ~~0~~~ aZZ~~~3 p N Le « a U ~d~~ s~ ~=¢~~at SS~zsi<:? z w Lm:.j ~. p ~ ~ ~ ~ !1 o F k~l g ~ e! , ~~ ~ '` ~ Ig ~ ' '~~ ~ ~. a ~ , , ~ ~. ~ i_ E -~/ .~~ ! ! .. '}. 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B ~i U ,~-~~ ~ 2 ~ age ~i ~ I-'~i ':~ - /Q, ~ ~ # .Lll L.1 I - v ~ J P275 "{1 a 'f ltt,?~ ,jjj~Iar . ;iii;l~il { ~} { ~{ ! j, F' j ,~ ~ ~ ~~~ j 1 ~ i! ~ {i ~ +1 6 ;'ti f;i;;i ; •~ij ~.,t{{I :s ,~ t ,~~~,~ # ,~ 1 _ ~sSiidla ~ o 7 =~ U i~'---- - ~ (~jG{;{iii!{f ~ 1 1 ~ Z ~, ~~ ~~ ~; , ' ; {! f ' ~ {` ~ ,~ _, j ~, il~:~~ t j ! Q ~ s~. j fi !)liflf 9i; f it W~ m ; ~W ~ ` ~'y ~~~f P276 ~\ S 2~~ \a O~AA 1 /V E k F ~~F35 ~~7 g 9 ~ E i ~aa~9 `~a ~gE Z y V J e m 'f ='7 ~y ~ 'y ' t i . , { 11 e .. ~T ! ~ ~!~ ~J y ~ ~4~ ` _ ~ f i~ ~ ' ~~ h ~_~~~ S ~ ~ ~~ l ~_ , fy i 'a' F ~f dl C U O U 2 C ~' 2e ~~ U~ O~ Z ~~ ~i ~ uu ei dcag I i P ~~ v 0 .!{~ ~~i1~I i :.3 iii ~~ P277 DESIGN REVIEW COMMENTS 7:20 p.m. Tabe van der Zwagg November 18, 2008 ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18710 - LE1/VIS OPERATING CORP: - A request to subdivide a partially developed lot of 20.69 acres into two lots for condominium purposes within the Medium High (MH) Development District of the Terra Vista Community Plan, located on the north side of Church Street, east of Miliiken Avenue -APN: 0227-532-16: DEVELOPMENT AND DESIGN REVIEW DRC2008-00306 - LEWIS OPERATING CORP. - A request to construct amulti-family housing development consisting of 241 units on 15.68 acres of land within the Medium High (MH) Development District of the Terra Vista Community Plan, located on the north side of Church Street, east of Milliken Avenue -APN: 0227-532-16. Background: Lewis Operating Corporation has submitted an application to develop a 24.1-unit rental condominium project. The project is the final phase of the Homecoming condominium development located on the north side of Church Street, east of Milliken Avenue. The submittal also includes atwo-lot condominium map (Tentative Tract Map SUBTT18710). The. applicant proposes developiny the sduthern portion of Lot 1, which is adjacent to Church Street, with amulti-family product that is identical in layout to that. used on the earlier phases of the Homecoming project. The northern portion of Lot 1, which is adjacent to Milliken Park, is proposed to be developed with smaller single unit and duplex townhouse style buildings: The duplex buildings do not meet the City's minimum building separation requirements. The applicant has requested to initiate a 7~erra Vista Community-Plan text amendment to allow a reduction in building separation requirements. The text amendment is scheduled to be reviewed at the November 12, 2008, Planning Commission meeting. ANALYSIS: The project meets the required minimum building setbacks, lot and landscape coverages, building separation requirements (except for the duplex product as discussed above), resident and guest parking requirements, and the quantity of recreational amenities. The duplex product proposed for the northern portion of the site has a Monterey architecture!-theme and consists of two different floor plans. One floor plan will have a side entrance with the patio located adjacent to the entrance and the other floor plan will have asecond-story deck. All the downstairs patios will have a minimum depth of 8 feet. The balconies will have a depth of 6 feet. Staff is pleased with the overall design of the proposed elevations. The multi-family product proposed for the southerri portion of the site will be similar in design to the earlier phases of the Homecoming project, which will consist of 7- and 8-unit buildings that have patios located between the garages and the living spaces. Staff directed the applicant to re-design the elevations of these buildings to be closer in design theme to the duplex product. The applicant, though, believes that the proposed buildings are an extension of the existing project and is very reluctant to make significant changes to the elevations of buildings; however, have agreed to a number of detail changes to help emphasize the Spanish architectural style of the buildings in order to better harmonize the two different building types proposed for the site. The detail changes include adding arches to the front entrances and garage door openings, adding front doors and garage doors more appropriate to the Spanish architectural style, adding rafter tails to the gable ends, adding wood corbels to the garage overhangs, and carrying the windows surrounds to all the windows (except for windows facing interior patios). ~~I~~T ~ ~ ~. ~ 1~y ~~~ DRC ACTION AGENDA SUBTT18710 AND DRC2008-00306 - LEWIS OPERATING CORP. November 18, 2008 ' Page 2 P278 The project will share two points of vehicular access with the rest of the Homecoming development and will share a number of pedestrian connections. Each unit will have one enclosed parking space (3-bedroom units will have two enclosed parking space) and 147 unenclosed spaces. Additionally, 19 new parking spaces will be created directly adjacent to the site (on an earlier phase of the project). The total guest parking spaces will be 24 parking spaces over the minimum requirement (61 guest stalls are required). The applicant has informed staff that they strictly manage on-site parking and believe that the proposed number of guest parking spaces will adequately serve the parking demand of the project. Future tenants will have access to all the recreation amenities located. on the earlier phases of the project, including the 14,000 square foot recreation building. The site will include a swimming pool, spa and sun deck, four BBO nodes, a rain garden, and a wind garden. The rain and wind gardens will utilize areas that are also being used as water retention basins to satisfy Water Manage Quality Control (WQMP) requirements. Additionally, the site will also have a gated entrance to Milliken Park which is located directly north'of the site. Staff Comments: The following comments are intended to provide an outline for Committee discussion. Maior Issues: The following broad design issues will be the focus'of Committee discussion regarding this project. There are no major issues. Secondary Issues: Staff has recommended that the applicant add window surrounds that match the other elevations to the windows facing the interior patios of the multi-family buildings. The applicant feels that these windows are only visible from the patios and do not justify the additional cost. The Committee should provide input and direction regarding whether or not there is adequate guest parking. Staff Recommendation: Staff recommends that the Committee consider the Secondary Issues outlined above and forward the project to the Planning Commission for final review if all issues are resolved. Design Review Committee Action: Members Present: Munoz, Stewart, Nicholson Staff Planner: Tabe van der Zwaag Commissioners Stewart and Munoz were supportive of the proposed project, though they required that the applicant enhance the rear elevations of the 6- and 8-unit multi-family buildings to include window surrounds to match the front elevations and to enlarge the faux window shutters. The Committee informed staff that the project could go directly to the Planning Commission once staff is satisfied that the required changes are made. .l City of Rancho Cucamonga Planning Division (909) 477-275D ENVIRONMENTAL INFORMATION FORM (Part I -Initial Study) (Please type or print clearly using ink. Use the fab key to move from one line to the next line.) INCOMPLETE APPLICATIONS W/LL NOT 8E PROCESSED. Please note that it is the responsibility of the applicant to ensure that the application is complete at fhe time of submittal; City staff will not be available to perform work reeuired to provide missing information. Application Number for the project to which this form pertains: Project Title: Homecoming at Terra Vista Phase 4 Name & Address o/project owner(s): LGC Homecoming at Terra Vista, LLC 1156 N. Mountain Avenue Upland, CA 91785 Name & Address of developer or project sponsor: Lewis Operating Corp. 1156 N. Mountain Avenue Upland, CA 91785 Contact Person & Address: Christopher Greiner, 1156 N. Mountain Avenue Upland CA 91785 Name & Address of person pn:pahng this form (if different from above): Telephone Number: 909-946-7526 08 04-07 Ciiy of Rancho Completed Environn EXHIBIT H Created on 5/22/2002 4:09:00 PM P279 P280 '1) Provide a full scale (8-12 x 11) copy of the USGS Quadrant Sheet(s) which includes the project site, and indicate the site boundaries. - 2) Provide a set of color photographs that show representative views into the site from the north, south, east and west; views into and fmm the site from the primary access points that serve the site; and representative views of significant features from the sisite. Include a map showing location o/each photograph. 3) Projectlocahon (descdbe): North Side of Church Street, East of Milliken Avenue, West of Terra Vista 4) Assessor's Pame/ Numbers (attach additional sheet if necessary): ~ Apn: 0227-532-16 'S) Gross Site Ala (ar/sq. )t.): 15.68 ac.f683,229 sf. *6) Net Site.Area (total site size minusarea. of public streets & proposed., ^-~ ~ .~ _~ dedications): 15.68 ac./663,229 sf... - ~. 7) Descdbe any proposed general plan amendment or zone change which would affect the project site (attach additional sheet if necessary): No general plan amendment or zone change required for this project as proposed B) Include a descdption o/ all permits which will be necessary from the City of Rancho Cucamonga and other yovemmental~agencies in oroer to fully implement the project: Building permits for buildings, fence 8 walls, light standards and trash enclosures will be necessary 9) Describe the physical setting of the site as it exists before the project including information on topography, soil stability, plants and animals, mature trees, trails and roads, d2inage courses, and scenic~aspects. Descnbe any existing structures on site (including age and condition) and the use o/the structures. Attach photographs of significant features deschbed. In addition, cite all sources of information (i.e., geological and/or hydrologic studies, biotic and aroheologica/ surveys, traffic studies): No existing structures, steep topography, mature trees trails roads drains a courses or scenic views currently exist on this project site. The site was mass raded with the Terra Vista Master Plan and rninimal weed abatement and radin has been done in correlation with the building of the first three phases of the Homecoming at Terra Vista apartment project. Geological, noise and traffic studies 08 04-07 ".ity of Rancho Completed EnvironmentallnfoForm.docxPage 2 of 9 Created on 5/22/2002 4:09:00 PM Information indicated by an asterisk () is not required o/non-construction CUP's unless otherwise requested by staff. P281 have also been completed for the first three phases of the apartment project which will be used for reference. A separate Water Quality Management Plan was desi ned and installed for Phase 2 and 3 of this project. This project is a subsequent phase of the existing Homecominq at Terra Vista project project which was approved under DRC2001-0791. 10) Descnbe the known cultural and/or histonca/aspects of the site: Cite all sources of information (books, published reports and oral history): "There are not significant cultural and/or historical aspects on this site. The initial aspects were described- ' in the original Tetra Vista Master Plan. 11) Descnbe any noise sources and their levels that now affect the site (aircraft, roadway noise, etc.) and how they will affect proposed uses: Noise mitigation will most likely be required for those residential units facing Church street based upon the analysis completed for Phase 1 and 2 of Homecominq at Terra Vista. 12) Descnbe the proposed project in detail. This should provide an adequate description of the site in terms of ultimate use that will result from the proposed project. Indicate if then: are proposed phases (or development, the extent of development to occur with each phase, and the anticipated completion o/each increment. Attach additional sheet(s) if necessary: The 243 units proposed in this project are the completion of the Homecomin at Terra Vista Apartment project. These units are intended to support the existing 627 unit apartment project and will be built in a single phase. Homecoming at Terra Vista will then become a complete 870 unit apartment project with a 14,000 sf. recreation building, 3 pools, 3 spas 2 tot lots 4 outdoor kitchens, putting green, outdoor fireplace, tennis court and half court basketball. OB 04-07 City of Ranc;lio Completed EnvironmentallnfoForm.docxPage 3 of 9 Created on 5/22!2002 4:09:00 PM P282 13) Describe the surrounding properties, including information on plants and animals and any cultural, histodca/, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-/amity, apartment houses, shops, department stores, etc.) and scale of development (height, frontage, setback, rear yard, etc.): This project is bordered by the 168 unit Brighton attached townhome units to the west, Milliken Park to the north, 627 units of Phases 1-3 of Homecoming at Terra Vista to the North and East and 216 units of Fountain Glen's senior project and 300+/- medium high density residential units on the opposite side oPChurch Street to the south..The project is designed as a mixture of two story single, duplex and townhouse units to complement the existing surrounding product. 14) Will the proposed project change the pattern, scale or character of [he surrounding general area of the project? No. The use is consistent with the use in the Terra Vista Master Plan. 15) Indicate the type of short-term and long-term noise to be generated, including source and amount. How will these noise levels affect adjacent properties and on-site uses. What methods p(soundproofing are proposed? Noise mitigation will be required along Church Street similar to Phase 1 and 2 which was required to install a masonry wall to mitigate 1~t floor impacts and sound glass to mitt ate 2ntl floor impacts. '16) Indicate proposed removals and/or replacements of mature or scenic trees: No trees currently onsite. 17) Indicate any bodies of water (including domestic water supplies) info which the site drains: The site drains into Deer Creek Channel. 08 04-07 City of Rancho Completed EnvironmentallnfoForm.docxPage 4 of 9 Created on 5/22/2002 4:09:00 PM P283 18) Indicate expected amount o/water usage. (See Attachment A for usage estimates). For further cladfication, please contact the Cucamonga County Water District at 987-2591. a. Residential (gal/day) 97,200.00 Peak use (ga//Day) 194.400.00 b. Commercial/Ind.'(gaUday/ac) Peak use (gal/min/ac) 19) Indicate proposed method of sewage disposal, ^ Septic Tank ®Sewer. If septic tanks am proposed, attach percolation tests. If discharge to a sanitary sewage system is proposed indicate expected daily sewage generation: (See Attachment A /or usage estimates). For further clarification, please contact the Cucamonga County Water District at 987-2591. a. Residential (gal/day) 48.600.00 b. Commercial/Industrial (gal/day/ac) RESIDENTIAL PROJECTS: 20) Number of residential units: 243 Detached (indicate range of parcel sizes, minimum lot size and maximum lot size: N/A Attached (indicate whether units are rental or for sale units): ~ Rental 21) Anticipated range of sale prices and/or rents: . Sale Pdce(s) $ to $ Rent (permanth) $1.515.00 to $2,375.00 22) Specify numberolbedrooms by unit type: 168 two bedroom units and 75 three bedroom units 23) Indicate anticipated household size by unit type: Anticipated 2 residents per 2 bedroom and 2.5 per 3 bedroom based upon previous phase rentals. OB 04-07 City of Rancho Completed EnvironinentallnfoFOrtn.docxPage 5 of 9 Created on 5/22/2002 4:09:00 PM P284 24) Indicate the expected number o(school children who will be residing within the project: Contact the appropriate School DisMcts as shown in Attachment B: a. Elementary: 30 b. Junior High: 10 c. Senior High 32 COMMERCIAL. INDUSTRIAL AND INSTITUTIONAL PROJECTS 25) Describe type of use(s) and major function(s) of commercial, Industrial or institutional uses: 26) Total floor area of commercial, industnal, or institutional uses by type: 27) Indicate hours o1 operation: ...:.: , 28) Number o/employees: - .. ~ . Tdtali ~ ~ - Maximum Shi(< Time of Maximum Shift: 29) Provide breakdown of anticipated job classifications, including wage and salary 2nges, as well as an indication of the rate of hire for each c/assifrcation (attach additional sheet if necessary). 30) Estimation of the number of workers to be hired that currently reside in the City: '31) For commemia/and industnal uses only, indicate the source, type and amount o/air pollution emissions. (Data should be verified through the South Coast Air Quality Management District, at (818) 572-6283): OB 04-07 City of Rancho Completed EnvironmentallnfoFonn.docxPage 6 of 9 Created on 5/22/2002 4:09:00 PM P285 ALL PROJECTS 32) Have the water, sewer, fire, and Flood control agencies serving the project been contacted to determine their ability to provide adequate service to the proposed project? If so, please indicate their response. Yes. CVWD will be conducting a fire flow test at this location to verify pressure for desi n 33J In the known history of this property, has there been any use, storage, or discharge o/hazardous and/or toxic materials? Examples of hazardous and/or toxic materials include, but are not limited to PCB's; radioactive substances; pesticides and herbicides; fuels, oils, solvents, and other flammable liquids and gases. Also note underground storage of any of the above. Please list the materials and descdbe their use, storage, and/or discharge on the property, as "well as the dates of use, i/known. None. 34J~ Will the proposed project involve the temporary orlong-term use, storage or discharge d/hazardous and/ortozic~ .materials, including:but noflimitsd to those examples listedabove? If yes, provide an inventory of al/ suchmatedalsto' be used and proposed method of disppsal. ,The location of such uses, along with the storage and shipinerit areas, shall beshown and labeled on'the app/icatibn plans. -, None. 1 hereby certify that the statements /umished above and in the attached exhibits present fhe data and information requi2d for adequate evaluation of this project to the best of my ability, that the facts, statements, and information presented an: true and correct tot he best of my knowledge and belief. 1 further understand that additional information maybe requimd to be submitted be/ore an adequate evaluation can be made by the City of Rancho Cucamonga. Date: d Signature: Title: Vice President - Muttifamiy Development 08.04-07 City of Rancho Completed EnvironmentallnfoForm.docxPage 7 of 9 Geated on 5/22!2002 4:09:00 PM ATTACHMENT A Water Usage Average use per day Residential Single Family 600 gal/day Apt/Condo 400 gal/day Commercial/Industrial General and Regional Commercial 3,000 gal/day/ac Neighborhood Commercial 1,500 gal/day/ac General Industrial 2,500 gal/day/ac Industrial Park 3,000 gal/day/ac Peak Usage For all uses Average use x 2.0 Sewer Flows Residential Single Family 270 gal/day Apt/Condos 200 gaUday P286 Commercial/Industrial General Commercial . 2,000 gal/day/ac Neighborhood Commercial b";000 gal%day/ac , Geheral Industrial - ` : t-;500. gal%daylac Heavy Industrial 3,000 gal/day/ac Source: Cucamonga CountyWatet District Master Plan, 6/00 ' OS O4-U7 City of Rancho Completed EnvironmentallnfoForm.docxPage 8 ~f 9 ~ Created on 5/22!2002 4:09:00 PM P287 ATTACHMENT B Contact the school district for your area for amount and payment of school fees: Elementary School Districts Alta Loma 9350 Base Line Road, Suite F Rancho Cucamonga, CA 91730 (909) 987-0766 Central 10601 Church Street, Suite 112 Rancho Cucamonga, CA 91730 (909)989-8541 Cucamonga 8776 Archibald Avenue Rancho Cucamonga, CA 91730 (909)987-8942 Etiwanda 5959 East Avenue P.O. Box 248 . Rancho Cucamonga, CA 91739 (909) 899-2451 High School Chaffey High School. 211 WesYSth Street Ontario, CA 91762 (909)988-8511 Od 04-07 Ui;y of Rancho Completed EnvironmentailnfoPortn.docxPage 9 of 9 Created on 5/22/2002 4:09:00 PM P288 DRC 2008-00306 and SUBTf18710 Site Photographs Locations P289 PLATE "A" VICINITY MAP <<~MADOLE,335nuro~vrexonrve HOMECOMING AT TERRA VISTA ~ Burn=xoo . ~ ~ or+rnwo,u9vs1 PHASE IV - 909.93].9151 . Engineering Communifis for fife wwwmadoleinemm IN THE CITY OF R,4NCH0 CUCAMONGA, CA. J:1126-2375L=_xhibi[s\VivinlN mao 8.Sx11.dwa. 3/13!2006 1:17:10 PM. Madole P290 BACKGROUND City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II 1. Project File: Terra Vista Community Plan Amendment DRC2008-00791, Tentative Tract Map SUBTT18710, Development and Design Review DRC2008-00306, and Variance DRC2008-00762. 2. Description of Project: ENVIRONMENTAL ASSESSMENT AND TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2008-00761 - LEWIS OPERTATING CORP. - A request to reduce the front-to-front building separation from 30 feet to 16 feet and the .side-to-side building separation requirement from 15 feet to 8 feet for two story buildings within the Medium-High (MH) Residential Development District (14-24 dwelling units per acre) of the Terra Vista Community Plan. Statt has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Related Files: Tentative Tract Map SUBTT18710, Development and Design Review DRC2008-00306, and Variance DRC2008-00762. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18710 - LEWIS OPERATING CORP. - A request to subdivide a partially developed lot of 20.69 acres into. two lots for condominium purposes within the Medium-High (MH) Development District (14-24 dwelling units per acre) of the Terra Vista Community Plan, located on the north side of Church Street and east of Milliken Avenue -APN: 0227-532-16. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Related Files: Terra Vista Community Plan Amendment DRC2006-00791, Development and Design Review DRC2008-00306, and Variance DRC2008-00762. ENVIRONMENTAL .ASSESSMENT~AND. DEVELOPMENT SAND DESIGN. REVIEW DRC2008-00306 - LEWIS OPERATING CORP. - A.request to cgnstruct amulti-family housing development "consisting df 241 units on 15.69 acres of land within the Medium-High (MH) Residential Development District (14-24 dwelling units per acre) of the Terra Vista Community Plan, located on the north side of Church Street and east of Milliken Avenue -APN: 0227-532-16. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Terra Vista Community Plan Amendment DRC2008-00791, Tentative Tract Map SUBTT18710, and Variance DRC2008-00762. VARIANCE DRC2008-00762 - LEWIS OPERATING CORP. - A request to construct walls with a calculated height of up to 10 feet high related to the development of 241 unit condominiums (Development and Design Review DRC2008-00306) within the Medium-High (MH) Residential Development District (14-24 dwelling units per acre) of the Terra Vista Community Plan, located on the north side of Church Street and east of Milliken Avenue -APN: 0227-532-16. Related Files: Terra Vista Community Plan Amendment DRC2008-00791, Tentative Tract Map SUBTT18710, and Development and Design Review DRC2008-00306. 3. General Plan Designation: Medium-High Residential (14-24 dwelling units per acre) 4. Zoning: Medium-High Residential (14-24 dwelling units per acre) 5. Surrounding Land Uses and Setting: Tentative Tract 18710 is located within the Terra Vista Community Plan. Surrounding land uses include Milliken Park to the north, a storage facility and a multi-family residential development to the west (Medium-High Residential), a multi-family development to the east (Medium-High Residential) and vacant land across Church Street (MHO - Medical, Hospital, Office). P291 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 2 The site slopes gently from north to south at approximately 2 percent gradient. The site is covered with non-native grasses, which are routinely disturbed for weed control. There are no unique features, nor any existing structures or trees on-site. 6. Lead Agency Name and Address: City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Contact Person and Phone Number: Tabe van der Zwaag, Associate Planner (909) 477-2750 8. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement): None. GLOSSARY -The following abbreviations are used in this report: CVWD -Cucamonga Valley Water 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 ,;;: . ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED ' The erivi~onmental factdrs bhecked below would be potentially affected by this project, involving at (east 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 (/) Agricultural Resources (/) Air Quality ()Biological Resources (/) Cultural Resources (/) Geology & Soils ()Hazards & Waste Materials (/) Hydrology & Water Quality (/) Land Use & Planning ()Mineral Resources (/) Noise ()Population & Housing ()Public Services ()Recreation () TransportationlTraffic ()Utilities & Service Systems ()Mandatory Findings of Significance DETERMINATION On the basis of this initial evaluation: (/) I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by, or agreed to, by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. / / •~ Prepared By: ~~ ~ ~C Date: t ~~y~ '`L~ Reviewed By: ~ . ( ~ ~ ' Y Date: ~2 ~ ~~~ P292 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 3 Less Than Sieniticant Laaa Issues and Supporting Information Sources: Fotantlany won roan Sipntlicant Mitigation Signitlcant No ImOOCt Incorporatetl 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) There are no significant vistas within or adjacent to the project site. The site is not within a view corridor according to General Plan Exhibit III-15. b) The prpject site contains no scenic resources and no historic buildings within a State Scenic Highway. There are no State Scenic Highways within the City of Rancho Cucamonga. c) The site is located on the north side of Church Street ahd east of Milliken Avenue and is characterized by residential development to the east and west, by. Milliken Park to the north, and vacant land across Church Street to the south.-.The visual quality of the area . will not degrade as a result of this project... Design review is required. prior to approval City standards require the developer to uriderground existing and new utility lines and facilities to minimize unsightly appearance of overhead utility lines and utility enclosures in accordarice with Planning Commission Resolution No. 87-96, unless exempted by said Resolution. d) The project would increase the number of streetlights and security lighting used in the immediate vicinity. The design and placement of light fixtures will be shown on site plans which require review for consistency with City standards that requires shielding, diffusing, or indirect lighting to avoid glare. Lighting will be selected and located to confine the area of illumination to within the project site. The impact is not considered significant. 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? P293 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 4 Less roan Significant Less Issues and Supportin Information Sources: Fmen,iaily won man g Sipniticent Mitigation Sipnlficant No Irtroec+ Inca oratetl I act Impact Comments a) The site is not designated as Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance. The site is located on the north side of Church Street and east of Milliken Avenue and is characterized by residential development to the east and west, by Milliken Park to the north, and vacant land across Church Street to the south. 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 Final Environmental Impact Report (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) The site is located on the north side of Church Street and east of Milliken Avenue and is characterized by residential development to the east and west, by Milliken Park to the north, and vacant land across Church Street to the south. The Terra Vista Community Plan area was historically used as vineyariis, although most have been removed to-allow mass grading operations to,odcur. .There is no longer any agricultural activity in the immediate.area. Therefore, no adverse impacts are anticipated. 3. AIR DUALITY. Would the project: a) Conflict with or obstruct implementation of the O O O (/) 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 O O O (/) number of people? P294 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 5 Less Tien Sipnllicanl Less Issues and Supporting Information Sources: Potentially sivniiroam Wee Mnipation Then siprY~l=eni Ne mPed IncomorateE Impect IrtpeCl Comments: a) As noted in the General Plan FEIR (Section 5.6), continued development will 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 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) During the construction phases of development, on-site stationary sources, heavy-duty construction vehicles, construction worker vehicles, and energy use will generate emissions. In addition, fugitive dust would also be generated during grading and construction activities. While most of the dust would settle on or near the project site, smaller particles would remain in the atmosphere, increasing particle levels within the surrounding area. Construction is an on-going industry in the Rancho Cucamonga area. Construction workers and equipment wdrk and operate at one development site until their tasks are complete. They then transfer to a different site where the process begins again. Therefore, the emissions associated with construction activities are not new to the Rancho Cucamonga area and would not violate an air quality standard or worsen the existing air quality in the region. Nevertheless, fugitive dust and equipment emissions are required to be assessed by the South Coast Air Quality Management District (SCAQMD) on a project-specific basis. Therefore, the following mitigation measures shall be irnplemented to reduce impacts to less-than-significant levels: 1) .. All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all ,construction equipment is being properly serviced and maintained as per ...manufacturers' specifications. Maintenance.records shall be available at the cohstruction site for City verification. 2) Prior to the issuance of any grading permits, the developer shall submit construction plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. -, ..,; _ ~~ :~ :.`: 5) All construction equipment"shalf.comply with `SCAQMD Rules 402 and 403. Additionally, contractors shall' include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. P295 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 6 Less Trtan Significant Lau Issues and Supporting Information Sources: PptanuanY Signllicant wnn Mitigation rnan Signllicant No Impact Incprporetatl Impact Impact • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce Fine Particulate Matter (PM,g) emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil-stabilizers (approved by SCAQMD and RW~CB) shall be applied. to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,g emissions.- 8) The .construction contractor shall utilize electric or clean alterriative fuel-powered equipment where feasible. 9) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. After implementation of the preceding mitigation measures, short-term construction air quality emissions would remain significant as noted in the General Plan FEIR (Section 5.6). Based upon the Urban Emissions Model 7G (URBEMIS7G) model estimates in Table 5.6-4 of the General Plan FEIR, Nitrogen Oxides (Nox), Reactive Organic Gases (ROG), and Fine Particulate Matter (PM,o) would exceed SCAQMD thresholds for significance; therefore, would all be cumulatively significant if they cannot be mitigated on a project basis to a IeveF less-than-significant. The General Plan FEIR identified the citywide increase in emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council Iri the long-term, development consistent with the General Plan would result insignificant operational vehicle emissions based upon the URBEMIS7G model estimates in Table 5.6-4 of the General Plan FEIR; therefore, would all be cumulatively significant if they cannot be mitigated on a project basis to a level less-than-significant. The following mitigation measures shall be implemented: P296 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 7 Lass Than Signllicanl Less Issues and Su ortin Information Sources: Palanlianr wnn Then pp g Sipnilicent MiYpellon ~ Sipnificam No IrtWecl Incoroo2letl ItroaCl rtnzn 10) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. After implementation of the preceding mitigation measures, the General Plan FEIR identified the citywide increase in operational emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. 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 ultimately adopted by the City Council. The project proposed is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. d) Sensitive receptors are. defined as populations that are more susceptible to the effects of pollution than the population at large. The SCAOMD 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 SCAOMD, 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 SCAOMD Rule 1401. The project site is located within 1/4 mile of a sensitive receptor, with existing apartment residents located on the east and west side of the site and recreation facilities within Milliken Park located along the north • boundary of the-site. Potential impacts to air quality are consistent with the Public Health and Safety Super-Element within the Rancho Cucamonga General Plan.. During construction, there is the possibility of fugitive dust to be generated frdm grading the site. The mitigation measures listed urider b) above will reduce impact to less-than-significant levels. e) Typically, the uses proposed do not create objectionable odors. No adverse impacts are anticipated. 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or O O O (/) 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? P297 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 8 Less Than SigMicant Less Issues and Supportin Information Sources: antamiaoy wan man g Signincant Mltigavon Significant No Imoact Incomoretetl Irroatt Imoatt c) Have a substantial adverse effect on federally () () () (/) protected wetlands as defined by Section 404 of the Clean Water Act (including, but riot 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? 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) The project site is located in an area developed with residential uses. The site-has been previously disrupted during construction of . infrastructure and surrounding developments/annual discing for weed abatement. According to the General Plan Exhibit IV-3, and Section 5.3 of the General Plan FEIR, the project site is not within an area of sensitive biological resources; therefore, development will not adversely affect rare or endangered species of plants or animals because of the fact that the project is surrounded by urbanized land uses arid is consistent with the General Plan Land Use Plan: b) The project site is located in ah urban area with ho natural communities. No riparian habitat exists on-site, meaning the project will not have any impacts. c) No wetland habitat is present on-site. As a result, project implementation would have no impact on these resources. d) The majority of the surrounding area has been or is being developed, thereby disrupting any wildlife corridors that may have existed. No adverse impacts are anticipated. e) There are no heritage trees on the project site; therefore, the proposed project is not in conflict with any local ordinance. The project site is not located within a conservation area according to the General Plan, Open Space and Conservation Plan, Exhibit IV-4. No conflicts with habitat conservation plans will occur. P298 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUB'i-f18710/DRC2008-00306/DRC2008-00762 Page 9 Less Than Significant Less Issues and Supporting Information Sources: 'pta"uauY wnn man . Significant MHipation Siprutlwnt No Irroact Incorporatetl Impact Impact 5. CULTURALRESOURCES. Would the project: a) Cause a substantial adverse change in the O O O (/) 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 project site has not been identified as a "Historic Resource" per the standards of Rancho Cucamonga Municipal Code Section 2.24 (Historic Preservation). There will be no impact. b) There are no known archaeological sites or resources recorded on the project site; however, the Rancho Cucamonga area is known to have been inhabited by Native Americans according to the General Plan FEIR (Section 5.11). Construction activity, particularly grading, soil excavation-and compaction, could adversely affect or eliminate existing and potential archaeological resources. The following mitigation measures shall be implemented: 1) If any prehistoric archaeological resources are encouritered'before or during grading; the developer will retain a qualified archaeologist to monitor construction activities to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CE~A guidelines. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report, with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. P299 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710lDRC2008-00306/DRC2008-00762 Page 10 Less inen SipnilicaM' Less Issues and Supporting Information Sources: Pp~anuallr Sipnilicanl wile Mltipalipn inen $ipnilitant No mpaCl OCplpprdtetl I eCl maapl 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, including the project site; 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 project site is underlain by Quaternary alluvium per General Plan Exhibit V-2; therefore, the following mitigation measures shall be implemented: 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i:e.; paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • . Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, .to the site full-time during the interval of earth-disturbing activities. •. Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor. of the find. - • Prepare, identify,'and curate all recovered fdssils for documentatiori in the summary report and transfer to an appropriate depository, (i.e., San Bernardino County Museum). • Submit the summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to the San Bernardino County Museum. d) The proposed project is in an area that has already been disturbed by development. The project site has already been disrupted by construction of infrastructure and surrounding developments/annual discing for weed abatement. No known religious or sacred sites exist within the project area. No evidence is in place to suggest the project site has been used for human burials. 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. P300 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 11. Less Than ~ SiBniiicant Less Issues and Supporting Information Sources: Pataouauy wun Tnan - SiBnllicent Mitigation siBniiicant No Impap I(ICgre02ietl Impaq Irroaci 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 sdil 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 O O O (/) 18-1-B of the Uniform Building Code (1994), creating substantial risks td life or property? e) Have soils iricapable of adequately supporting the use O O (.) (/) 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 Red Hill Fault, passes within 2 miles north of the site, and the Cucamonga Fault Zone lies approximately 4 miles north. These faults are both capable of producing Mw 6.0 to 7.0 earthquakes, respectively. Also, the San Jacinto Fault, capable of producing up to Mw 7.5 earthquakes, is 8 miles northeasterly of the site and the San Andreas Fault, capable of up to Mw 8.2 earthquakes, is 10 miles northeasterly of the site. Each of these faults can produce strong groundshaking. Adhering to the Uniform Building Code will ensure that geologic impacts are less-than-significant. b) The proposed project will require the excavation, stockpiling, and/or movement of on-site soils. The Rancho Cucamonga area is subject to strong Santa Ana wind conditions during September to April, which generates blowing sand and dust, and creates erosion problems. Construction activities may temporarily exacerbate the impacts of windblown sand, resulting in temporary problems of dust control; however, development of this project under the General Plan would help to reduce windblown sand impacts in the area P301 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Paae 12 ' Less Ttlan Issues and Supporting Information Sources: Po+eollauv Slpnificanl won Less roan Sipnificam Mitipeuon Sipnifcant No Irtgact IncoNOratetl Imuazt limact as pavement, roads, buildings, and landscaping are established. Therefore, the following fugitive dust mitigation measures shall be implemented to reduce impacts to less-than-significant levels: 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM~p emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City .to reduce PM~p emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM~p emissions from the site during such episodes. 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM~p emissions. c) The General Plan FEIR (Section 5.1) indicates that subsidence is generally associated with large decreases or withdrawals of water from the aquifer. The project would not withdraw water from the existing aquifer. The site is not within a geotechnical hazardous area or other unstable geologic unit or soil type according to General Plan FEIR Figure 5.1-2. Soil types on-site consist of Tujunga Loamy Sand Soil association according to General Plan FEIR Exhibit 5.1-3. No adverse impacts are anticipated. d) The majority of Rancho Cucamonga, including the project site, is located on alluvial sbil deposits. -These types of soils are not corisidered to be: expansive. Soil types on-site consist of Tujunga Loamy Sand Soil association according to General Plan Exhibit V-3 and General Plan FEIR Exhibit 5.1-3. These soils are typically 0 to 5 percent slopes on broad alluvial fans, where the soil is rapidly permeable. No adverse impacts are anticipated. e) The project will connect to, and be served by, the existing local sewer system for wastewater disposal. No septic tanks or alternative wastewater disposal is proposed. 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? P302 Initial Study for City of Rancho Cucamonga DRC2008-00761/SU67T18710/DRC2008-00306/DRC2008-00762 Paoe 13 Less Than " Issues and Supporting Information Sources: Pmanually SgntllCHni wnp L25a Tnen Signliicant Mitigation SiOHliicent No Impact Incorporatetl Impact Impact 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 () () () (/) 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 project will not involve the transport, use, or disposal of hazardous materials. The City participates in a countywide interagency coalition that is considered afull-service Hazardous Materials Division that is more comprehensive that"any other in the state: The . City is iri the process of developing an Emergency Operations-Plan to meef.State arid Federal requirements: The City.has approved a Local Hazard Mitigation Plan which has received State and Federal approvals. Compliance with Federal, State, and local - ,. . ---~.. -.. regulations concerning the storage -and handling of hazardous materials and/or waste will reduce the potential for significant impacts to a level less-than-significant. No adverse impacts are expected. b) The proposed project does not include the use of hazardous materials or volatile fuels. The City participates in a countywide interagency coalition that is considered afull-service Hazardous Materials Division that is more comprehensive than any other in the state. The City is in the process of developing an Emergency Operations Plan to meet State and Federal requirements: The City has approved a Local Hazard Mitigation Plan which has received State and Federal approvals. Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials or volatile fuels will reduce the potential for significant impacts to a level less-than-significant. No adverse impacts are anticipated. c) The Coyote Canyon Elementary School is located approximately 1/4 mile west of the site; however, the construction of the proposed residential condominiums will not emit or release toxic or hazardous substances. d) The proposed project is not listed as a hazardous waste or substance materials site. Recent site inspection did not reveal the presence of discarded drums or illegal dumping of hazardous materials. No impact is anticipated. P3O3 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 14 Less Than Significant Less Issues and Supporting Information Sources: Potentially wnn man Significant Mltipation Significant No mpatl ncorporsletl Impact Impact e) The site is not located within an airport land use plan and is not within 2 miles of a public airport. The project site is located approximately 5 miles northerly of the Ontario Airport and is offset north of the flight path. No impact is anticipated. The nearest private airship, Cable Airport, is located approximately 2 1/2 miles to the west of the City's westerly limits. No impact is anticipated. g) The City's Multi-Hazard Disaster Plan, which is updated every two years, includes policies and procedures to be administered by the Rancho Cucamonga Fire District in the event of a disaster. Because the project includes at least two points of public street access and is required to comply with all applicable City codes, including local fire ordinances, no adverse impacts are anticipated. h) Rancho Cucamonga faces the greatest ongoing threat from awind-driven fire in the Urban Wildland Intertace area found in the northern part of the City according to the Fire District Strategic Plan 2000-2005; however, the proposed project site is not located within a high fire hazard area according to General Plan Exhibit V-7. 8. HYDROLOGY AND WATER QUALITY. Would tAe project: a) Violate any water quality standards or waste discharge () () () (/) requirements? b) Substantially deplete groundwater supplies or interfere () (/) () ( ) substantially with groundwater recharge such that there would tie 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 npt-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? d) Substantially alter the existing drainage pattern of the O O O (/) 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? P304 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 15 Law Tian SipNficant Lass Issues and Supporting Information Sources: Patantlally SiOnllicam with NJIipaOOn man SiONlicant No Irtroacl tncorooratetl leroatl Imnap h) Place within a 100-year flood hazard area structures that would impede or redirect flood tlows? () () () (/) 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) Water and sewer service is provided by the Cucamonga Valley Water District (CVWD). The project is designed to connect to existing water and sewer systems. The State of California is authorized to administer various aspects of the National Pollution Discharge Elimination System (NPDES) Permit under Section 402 of the Clean Water Act. The General Construction Permit treats any construction activity over 1 acre as an industrial activity, requiring a permit under the State's General NPDES Permit. The State Water Resource Control Board (SWRCB) through the Regional Water Quality Control Board (RWQCB), Santa Ana Region, administers these permits. Construction activities covered under the State's General Construction Permit include removal of vegetation, grading, excavating, or any other activity for new development or significant redevelopment. Prior to commencement of construction of a project, a discharger must submit a Notice of Intent (NOI) to obtain coverage under the General Construction Permit. The General Construction Permit requires all dischargers to comply with the following during construction activities, including site clearance and grading: Develop and implement a Storm Water Pollution Prevention Plan (SWPPP) that would specify Best Management..Practices (BMPs) that would preverit construction pollutants from contacting storm water and with the intent of keeping all products of erosion from moving off-site into receiving waters. Eliminate or reduce non-storm water discharges to storm sewer systems and other waters of the nation. Pertorm inspections of all BMPs. Waste discharges include discharges of storm water and construction project discharges. A' construction project for new development or significant redevelopment requires an NPDES permit. Construction project proponents are required to prepare a SWPPP. To comply with the NPDES, the construction contractor of the project will be required to prepare a SWPPP during construction activities, and a Water Quality Management Plan (WOMP) for post-construction operational management of storm water runoff. The applicant has submitted a WOMP, prepared by Madole & Associates, Inc. on September 15, 2008, that identifies Best Management Practices (BMPs) to minimize the amount of pollutants, such as eroded soils, entering the drainage system after construction. Runoff from driveways, roads, and other impermeable surfaces must be controlled through an on-site drainage system. BMPs include both structural and non-structural control methods. Structural controls used to manage storm water pollutant levels include detention basins, oil/grit separators, and porous pavement. Non-structural controls focus on controlling pollutants at the source, generally through implementing erosion and sediment control plans, and various business plans that must be developed by any businesses that store and use hazardous materials. Practices, such as periodic P305 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 16 Less Than Signilicent Less Issues and Su ortin Information Sources: Pptanualiy wun man PP g Sienilicent MitiBavon Signiticent No Impact IncomwaleC Itroecl IfNdct parking iot sweeping can substantially reduce the amount of pollutants entering the storm drain system. The following mitigation measures would .be required to control additional storm water effluent: Construction Activities: 1) Prior to issuance of grading permits, the permit applicant shall submit to the Building Official for approval of a Storm Water Pollution Prevention Plan (SW PPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An erosion control plan shall be prepared, included in the grading plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This erosion control plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any. erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm evehts and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5) The developer shall implement the BMPs identified in the Water Ouaiity Management Plan (WOMP), prepared by Madole & Associates, Inc., on September 15, 2008, to reduce pollutants during the construction phase of project from entering the storm drain system to the maximum extent practical. Post- Construction Operational: 6) The developer shall implement the BMPs identified in the WOMP, prepared by Madole & Associates, Inc, on September 15, 20D8, to reduce pollutants after construction from entering the storm drain system to the maximum extent practical. 7) .Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. P306 Initial Study for City of Rancho Cucamonga DRC2006-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 17 L¢ss Than SipNM1Cant Less Issues and Supporting Information Sources: Pot¢ntia~ly wun ,non Significant Mitigation Significant No Imoetl Incomoratetl Imoect ~ Impact b) According to CVWD, 43 percent of the City's water is currently provided from ground water in the Cucamonga and Chino Basins. CVWD has adopted a master plan that estimates demand needs until the year 2030. The proposed project will not deplete groundwater supplies, nor will it intertere with recharge because it is not within an area designated as a recharge basin or spreading ground according to General Plan Exhibit IV-2. The development of the site will require the grading of the site and excavation; however, would not affect the existing aquifer, estimated to be about 288 to 470 feet below the ground surtace. As noted in the General Plan FEIR (Section 5.9), continued development citywide will increase water needs and is a significant impact; however, CVWD has plans to meet this increased need through the construction of future water facilities. c) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site; however, the project will not alter the course of any stream or river. All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. The project design includes landscaping of all non-hardscape areas to prevent erosion. A grading and drainage plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, the project will not result in substantial erosion or siltation on- or off-site. The impact is not considered significant. d) The project will cause changes in absorption rates, drainage patterns, and the rate ahd amount of surface water runoff because of the amount of new building and hardscape proposed on a site; however, the project will not alter the course of 'any stream or river. All runoff will be conveyed to existing storm drain facilities, which have been designed td handle the flows. A grading and drainage plan must be approved by the Building Official and CityEngirieer prior to issuance of grading permits. Therefore, increase in runoff from the site will ndt result in flooding on- oroff-site.'TJo:irnpacts are anticipated. e) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surtace water runoff because of the amount of new building and hardscape proposed on a site; however, all runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. The project will not result in substantial additional sources of polluted runoff. A grading and drainage plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, increase in runoff from the site will not result in flooding on- or off-site. No impacts are anticipated. f) Grading activities associated with the construction period could result in a temporary increase in the amount of suspended solids in surface flows during a concurrent storm event, thus resulting in surface water quality impacts. The site is for new development or significant redevelopment; therefore, is required to comply with the NPDES to minimize water pollution. The following mitigation measures shall be implemented: 1) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a WQMP, including a project description and identifying BMPs that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for P307 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Paae 1A Lass roan ' Issues and Supporting Information Sources: Pmenraiir $ignlticant wun Less Shan &gnificent Mitipapon Significant No ImaeC1 IncoreotateG Irtmact~ Imoen New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 2) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. g) The project site is not located within a 100-year flood hazard area according to General Plan Exhitiit V-5. No adverse impacts are expected. h) The project site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5. No adverse impacts are expected. The Rancho Cucamonga area is flood protected by an extensive storm drain system designed to convey a 100-year storm event. The system is substantially improved and provides an integrated approach for regional and local drainage flows. This existing system includes several debris dams and levees north of the City, spreading grounds, concrete-lined channels, and underground storm drains as shown in General Plan Exhibit V-6. The project site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5.. No adverse impacts are expected. j) There are no oceans, lakes, or reservoirs near the project site; therefore, impacts from seiche and tsunami are not anticipated...The Rancho Cudamonga area.sits at the base of the steep eastern Sari 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 site is located on the north side of Church Street and east of Milliken Avenue and is characterized by residential development to the east and west, by Milliken Park to the north, and vacant land across Church Street to the south. This project will be of similar P308 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 19 Less Then Sivryliram Less Issues and Supporting Information Sources: Pclenlielly wan men Sivnifican~ Mitigation Sivnilicent No I ect Inca orere0 Imoect Irtoed design and size to surrounding residential development to the east and west. The project will become a part of the larger community. No adverse impacts are anticipated. b) The project site land use designation is Medium Residential (14-24 dwelling units per acre) and is located within the Terra Vista Community Plan. The proposed project is consistent with the General Plan and does not interfere with any policies for environmental protection. As such, no impacts are anticipated. c) The project site is not located within any habitat conservation or natural community plan area. According to the General Plan Exhibit IV-3, and Section 5.3 of the General Plan FEIR, the project-site is not within an area of sensitive biological resources; therefore, development will not adversely affect rare or endangered species of plants or animals because of the fact that the project is surrounded by urbanized land uses and- is consistent with the General Plan Land Use Plan. 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 () () () (/) mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Comments: a) The site is not designated as a State Aggregate Resources Area according td'the City General Plan, Figure IV-1 and Table IV-1; therefore, there is no impact. b) , The site is not designated by the GeneraF Plan, Figure IV-1 and Table IV-1, as a valuable . mineral resource recovery site; therefore, there is no impact. 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 or 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? P309 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 20 Less Tnan ' Significant Lass Issues and Supporting Information Sources: Pptanually wan Tnan Significant Mitigation Significant No ' Impact Incpmpratatl Impact Impact 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 project site is not within an area of noise levels exceeding City standards according to General Plan Exhibit V-13 at build-out. No adverse impact expected. _ b) The uses associated with this type of project normally do not induce. ground borne vibrations. As such, no impacts are anticipated. c) 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 General Plan FEIR (Section 5.7) indicates that during a construction phase, on-site stationary sources, heavy-duty construction vehicles, and construction equipment, will generate noise exceeding City standards. The following measures are provided to mitigate the short-term noise impacts: 1) Construction or grading-shall not take place between the hours of 8:00 p.m. and 6;3D a.m.-on weekdays, including Saturday, or at any time on Sunday or a national holiday. 2) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. The developer shall hire a consultant to pertorm weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the. Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 3) The perimeter block-wall shall be constructed as early as possible in the first phase. The preceding mitigation measures will reduce the disturbance created by on-site construction equipment; however, do not address the potential impacts because of the transport of construction materials and debris. The following mitigation measures shall then be required: 4) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and. 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a P310 Initial Study for City of Rancho Cucamonga DRC2008-00761 /SUBTT18710/DRC2008-00306/DRC2008-00762 Page 21 ' Less Then Significant Less Issues and Su ortinn Information Sources: PP g Fp+anuanv Significant with Mitigation Tnan Sib^Ificant No ' Impact Inco oratetl Impact Impatl national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. e) The site is not located within an airport land use plan and is not within 2 miles of a public airport. The project site is located approximately 5 miles northerly of the Ontario Airport and is offset north of the flight path. No impact is anticipated. f) 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 O O O (/) 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 O O O (/) the construction of replacement housing elsewhere? Comments: a) The project is located in a predominantly developed area and will hot iriduce .population growth. Construction activities at the site will be short=term and will not attract new employees to the area. No impacts are anticipated. b) The project site contains no existing housing units. No adverse impact expected. c) The project site is vacant land. 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? O O O (/) c) Schools? () () () (/) d) Parks? () () () (/) e) Other public facilities? () () () (/) P311 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 22 Less Than SipNM1Cant Lass Issues and Supporting Information Sources: I=plantially Sipnilicant won Mitigation roan SigNlitanl No Impact Incomomtetl Impan Inpan Comments: a) The site is located on the north side of Church Street and east of Milliken Avenue would be served by a fire station located approximately 1 mile from the project site. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. Standard conditions of approval from the Uniform Building and Fire Codes will be placed on the project so no impacts to fire services will occur. No impacts are anticipated. . b) Additional police protection is not required as the addition of the project will not change the pattern of uses within the surrounding area and will not.have a substantial increase in property to be patrolled as the project site is within an area that is regularly patrolled. c) The Etiwanda School District and the Chaffey Joint Union High School District serve the project area. Both school districts have been notified regarding the proposed development, and a standard condition of approval will require the developer to pay any school impact fees. With this standard mitigation, impacts to the School Districts are not considered significant. d) The site is in a developed area, currently served by the City of Rancho Cucamonga. The nearest existing park, Milliken Park, is located adjacent to the north boundary of the project site. Additional existing parks are located within 1 mile of the site. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. A standard condition of approval will require the developer to pay park development fees, and the proposed project will also be subject to the Park Implementation Development Agreement pertinent to the Terra Vista Community Plan. No impacts are anticipated. ' e) The proposed project-will utilize existing public facilities. The site is in a developed area, currently served by the City of Rancho Cucamonga. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels-of-service (LOS), which could cause the need to construct new facilities. Cumulative development within Rancho Cucamonga will increase demand for library services. According to the General Plan FEIR (Section 5.9.9), the projected increase in library space under the General Plan will not meet the projected demand. The General Plan FEIR identified the cumulative impact on library services 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 EIR was prepared and impacts evaluated. Since the adoption of the General Plan, the City built a new library within the Victoria Gardens regional shopping center of approximately 22,000 square feet, which is in excess of the projected need of 15,500 square feet at build-out of the City. P312 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710lDRC2008-00306/DRC2008-00762 G~nc ~a Less Than Issues and Supporting Information Sources: Pp+e~+ially $ipnAieem Impan $ipnlhcam wi,n Mitigation Incomom+ptl Lets man $iBnllicant Irtnen No Impact 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 site is in a developed area, currently served by the City of Rancho Cucamonga. The nearest existing park, Milliken Park, is located adjacent to the north boundary of the project site. Additional existing parks are located within 1 mile of the site. This project is not proposing any new housing or large employment generator that would cause a .significant increase in the use of public parks or other recreational facilities, and the site will include on-site recreational amenities in accordance with the Development Code requirements. A standard condition of approval will require the developer to pay park development fees. No impacts are anticipated. b) See a) response above. 15. TRANSPORTATIONlTRAFFIC. Would the projecG• 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? 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)? P313 Initial Study for City of Rancho Cucamonga DRC2008-00761 /SUBTT18710/DRC2008-00306/DRC2008-00762 Page 24 Lass Tian SigNM1Cant lass Issues and Supporting Information Sources: Fptanliallr witn roan Significant MltigaUOn SipNficant No Irtpect ncomoralatl Impact Impaa Comments a) Implementation of the proposed project will generate 1,470 vehicle trips daily. The proposed project includes the development of rental condominiums. The Rancho Cucamonga Traffic Model estimates that each rental unit will generate 6.1 trips daily. As noted in the General Plan FEIR (Section 5.5), continued development will contribute to the traffic load in the Rancho Cucamonga area. The proposed project'is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. The project is in an area that is mostly developed with street improvements existing or included in project design. The project will not create a substantial increase in the number of vehicle trips, traffic volume or congestion at intersections. The project site will be required to provide street improvements (curb, gutter, and sidewalk) along the street frontage of the site per City roadway standards. In addition, the City has established a Transportation Development Fee that must be paid by the applicant prior to issuance of building permits. Fees are used to fund roadway improvements necessary to support adequate traffic circulation. No impacts are anticipated. b) The Rancho Cucamonga Traffic Model estimates that each rental unit will generate .67 two-way peak hour trips daily. In November 2004, San Bernardino County voters passed the Measure I extension which requires local jurisdictions to impose appropriate fees on development for their fair share toward regional transportation improvement projects. On May 18, 2005, the City of Rancho Cucamonga adopted a Comprehensive Transportation Fee Schedule updating these development impact fees. As a result, the San Bernardino County Congestion Management Agency waived the Congestion Management Plan (CMP) Traffic Impact Analysis reporting requirement. This project will be required, as a condition of approval, fo pay the adopted Transportation Development Fee prior to issuance of building permits. The project is in an area that is mostly developed with all street improvements existing. The project will not negatively impact the LOS standards on adjacent arterials. The project will be required .to provide street improvements (curb, gutter, and sidewalk) along the street frontage of the site. No impacts are anticipated. c) The project site is located approximately 5 miles northerly of the Ontario Airport, the site is offset north of the flight path and will not change air traffic patterns. No impacts are anticipated. d) The project is in an area that is mostly developed. The project will be required to provide street improvements (curb, gutter, and sidewalk) along the street frontage of the site. The project design does not include any sharp curves or dangerous intersections or farming uses. The project will, therefore, not create a substantial increase in hazards because of a design feature. No impacts are anticipated. e) The project will be designed to provide access for all emergency vehicles and will, therefore, not create an inadequate emergency access. No impacts are anticipated. f) The project design has adequate parking in compliance with standards of the Rancho Cucamonga Development Code and will, therefore, not create an inadequate parking capacity. No impacts are anticipated. g) The project design includes, or the project will be conditioned to provide, features supporting transportation and vehicle trip reduction (e.g., bus bays, bicycle racks, carpool parking; etc.). P314 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 25 Lass roan ' SivNliwnc Lass Issues and Supporting Information Sources: Pmanlially won may Sivnihcam MitivaUOn Sivnificam No Irnoed Incoroors,etl Irtnad Irmaz, 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 cgnstruction 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? 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 project is served by the CVW D sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga. The project is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater. No impacts are anticipated. b) The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which are at capacity. The project is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater. No impacts are anticipated. c) All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. A grading and drainage plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. The impact is not considered significant. d) The project is served by the CVWD water system. There is currently'a sufficient water supply available to the City of Rancho Cucamonga to serve this project. No impacts are anticipated. P315 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 26 Lau Than Sipnifcent Leas Issues and Supporting Information Sources: Polanuany wnn Than Sipnlficant Mltipation Sipnllicant No 'Imaad Inwlporatatl Irtpa-1 Irtpad e) The proposed project is served by the CVW D sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plaht located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which are at capacity. No impacts are anticipated. f) 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. g) This project complies with Federal, State, and local statutes and regulations regarding solid waste. The City of Rancho Cucamonga continues to implement waste reduction procedures consistent with AB 939. Therefore, no impacts are anticipated. 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 O O O (/) cause substantial adverse effects on human beings, either directly or indirectly? Comments: a) The site is not located in an area of sensitive biological resources as identified on the City of Rancho Cucamonga General Plan Exhibit IV-3. Additionally, the area surrounding the site is developed. Based on previous development and street improvements, it is unlikely that any endangered or rare species would inhabit the site. b) If the proposed project were approved, then the applicant would be required to develop the site in accordance with the City of.Rancho Cucamonga General Plan. 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 P316 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 27 Less Then Signillcant Less Issues and Supporting Information Sources: Pnennally with roan - Si8^ihcan; Mitigation SiBr~lieant No Irtpad Inco retetl Inpett Irtpect 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) Development of the site under the proposed land use change would not cause substantial adverse effects on human beings, either directly or indirectly. The Initial Study identifies construction-related emissions of criteria pollutants as having a potentially significant impact. Proposed mitigation measures would further reduce emission levels. Additionally, impacts resulting from air quality would be short-term and would cease once construction activities were completed. The Initial Study identified potentially significant impacts associated with the exposure of people to increased noise levels. Mitigation measures contained in this Initial Study will ensure impacts are at less-than-significant levels. 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 Division offices, 10500 Civic Center Drive (check all that apply): (/) General Plan FEIR (SCH#2000061027, Certified October 17, 2001) (/) Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) (/) Terra Vista Planned Community EIR (SCH #61082808, certified February 16, 1983) P317 Initial Study for City of Rancho Cucamonga DRC2006-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 28 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 and/or hereby agree to the proposed mitigation measures to avoid the effects or mitigate the effects to a point where clearly no s~ficant environmental effects would occur. Applicant's S Print Name and Title: Date: ~2' ~~ • ~~ ~~ ' P318 City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: SUBTT18710 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration fortheahove-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components -This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance. The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 2. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management -The MMP will be in place through all phases of the project. The project planner, assigned by the City Planner, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures -The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants' fees, incurred by the City' in performing monitoring or reporting programs shall be charged to the applicant. 2. A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identifed in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action, what action will be taken and when, and to whom and.when compliance will be reported. All monitoring and reporting documentation will be kept in the project file-with the department having the original authority for processing the project. Reports will be available from the City upon request at the following address: City of Rancho Cucamonga -Lead Agency (Planning Department/Engineering Department) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 P319 Mitigation Monitoring Program SUBTT18710 LEWIS OPERATING CORPORTATION Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staffs is needed, as determined by the project planner or responsible City department, to monitor specifc mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verifed for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unahticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed bythe project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 7.. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Planning Division. The Division shall require the applicant to post any necessary funds (or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. 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P326 O r V Q Q Q Q \ C C C 0 0 0 rn2 rn2 0~2 c N c y c N C O C C O U ~ ~ U ~ U U U U m O o O m a a w.4F ayi ~ °~ E~°= o~p o cOi ' "p `m ~ ~ ~ LL o m,n m ~ o N~ ~ ~3 3.acaJ ENJ N N l0 N C a~ N c~ N Y vow N ,~a N v c p O ~a~ c~o N o ~ >~ m~L a '~o ° x - E E a~ N .- O E N U L > O 'O ~ ~ m O 'O c ._ C U O~ T U . .. ~ C N L L ~ N 3 N ~ y ~- L _ O C O ~ (~ Q1 ~ ~ L '' 9 O N N ~ f0 ` ~ C (n ` .~ ~ N X ~ N - O'a C O (n OI U E UL L ... U O C ~. O-O ~ N (0 ~ m.. o c x E x u, ~ 3 v, m o >.~o . NL- ~acino -o .=om'-°~a~i ' a~ o °-E a~m~~~ ~r..o ~ E d... .~ °'~ ~ pis `~~ U U a~ ~ E ~.ac aO ~ 3 > O " ~ ~ O O > N ~ U .m L ~ O `~ >, L.. J f0 m oio i ~ m> w wo mmc ~ E ~ N C .~~ ~ " . ~ " 'p O N O y J 0 0 N~ ~ f6 ° ~ 0 ~ ~ C O y O ~ JO N C ~ U p u! O u! C U - L l9 C N O O C :~ L~ '_ C O ~- OI C C ,~ N a L f0 ~.. ~ O - = N ' - N O p ~ (9 N E C . (0 ~ p Y U ~ N O ~ Q U = C N N L y ~ N y . 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N ~ ~ ~c 3 3 3 in ~ ~ v Fmk by ~ rv ~ a N ~ n AFB, ~ t~ ' .9, .~pv ,v°y 3 ~.t::" N C O y.~ ~ ~~._ d N MjM1j O ~i'~~i: n _ ~ J ~ ::_ r O N t ~C" Q O .'~'- l; +; \ ~ .r ?j~~ c E m 4c_$ o aN E Iv O1~ N T U n 7 >~ ' N ~ U N '~Z rOs ~ m Q d L YI m ip: w = U `m Y~i ~ L ~ ~ w~ -d o o a ~n : d~~ Q m U O ,'" c m ra U. a p 0 #C= ~yg N ~ C .4 U 2 r"~` .aC O . u in c `: 3 N N U c O ~~~ Z ?OI ~ o U j o W n rn ~O~ ° U ` ~~ y ~ o a F O m O =~i Q m U ^ w 4 d :Y::' N C ~+.: _ ~ E~ f N _ ~;~:> v ° ` `o ; `o _ sY ! U ~ d c c v N rn .N m y ~ C Q ~ ~ a .N N rsCZ ° w -o v ° -~ N o O ~N y a.y, O U O O O a ` ?~' ~ O v c O m o :a4 E ~' .~ m U r 'i.N C, E o ~C c T "O U ~ p!O.i U m ... ~ o ;~a~ ~ a U m d ii i.Nj ~ d: ~ o w 0 0 0 '2i U d U m a w #;r= P327 W O W P328 RESOLUTION NO. 09-03 A.RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING ADOPTION OF AN ORDINANCE TO ENACT TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2008-00761, A REQUEST TO AMEND CHAPTER V, COMMUNITY DEVELOPMENT STANDARDS, MEDIUM-HIGH DENSITY RESIDENTIAL SITE DEVELOPMENT STANDARDS, PAGE V-15, (H), TO REDUCE THE FRONT-TO-FRONT BUILDING SEPARATION FROM 30 FEET TO 16 FEET AND THE SIDE-TO-SIDE BUILDING SEPARATION REQUIREMENT FROM 15 FEET TO 8 FEET FOR TWO-STORY DUPLEX AND DETACHED SINGLE-UNIT BUILDINGS WITHIN THE MEDIUM-HIGH RESIDENTIAL DEVELOPMENT DISTRICT (14-24 DWELLING UNITS. PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals 1. -Lewis Operating Corporation has filed an application for the approval of Terra Vista Community Plan Amendment DRC2008-00761, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Develbpment Review request is referred to as "the application." 2. On November 12, 2008, the Planning Commission approved the initiation of Terra Vista Community Plan Text Amendment DRC2008-00761. 3. On 'the 14th day of January 2009, the Planning Commission of the City, of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 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 January 14, 2009, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located within the City; and b. The proposed amendment will not have a significant impact on the environment; and c. The amendment proposes reducing the required front-to-front building separation from 30 feet to 16 feet and the side-to-side buildirg separation requirement from 15 feet to 8 feet. The amendment will only apply to detached single-unit buildings and two-story duplex buildings within the Medium-High Residential District of the Terra Vista Community Plan. Specifically, Chapter V of the Terra EXHIBIT ~ PLANNING COMMISSION RESOLUTION NO. 09-03 DRC2008-00761 - LEWIS OPERATING CORPORATION January 14, 2009 Page 2 P329 Vista Community Plan will be amended by adding the following underlined text: Community Development Standards, Medium-High Density Residential Site Development Standards, page V-15: (h) Building separations: The standards from the Rancho Cucamonga Development Code shall apply except for the following exceotiom Two-story duplex and detached single unit buildings may be and d. Proper site planning can overcome any issues that may arise from the reduced building separations, and that future residents of projects developed using this criteria will be afforded the same high quality-of=life standards expected from all developments within the City; and e. The proposed Terra Vista Community Plan Amendment will provide the necessary legislative action that will permit a variety of multi-family dwelling unit types for rental purposes, such as duplexes and detached units, which are not typically found in apartment home communities. 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 Terra Vista Community Plan Text Amendment does not conflict with the Land Use Policies of the General Plan and will provide for the development, within the district, in a manner consistent with the General Plan and with related development. As a Land Use Policy, the General Plan states that the new development should be accommodated in a manner that integrates it into the physical structure of the City, is a logical extension of existing infrastructure improvements and there are adequate public services available to serve the development. The proposed decreases in building separations will not affect the Land Use Policies outlined above or be inconsistent with the density or quality of existing development within the Terra Vista Community Plan and the City. b. This Terra Vista Community Plan Text Amendment does promote the goals and objectives of the Development Code which in turn are consistent with and implement the goals and objectives of the General .Plan. This includes promoting the economical and efficient use of land, promoting design and construction techniques that are respohsive to the environment, and promoting development compatible with the surrounding neighborhood. The proposed text amendment will result in developments that are consistent with these goals and objectives and will be indistinguishable in overall quality and design from existing development in the surrounding area. c. The proposed Terra Vista Community Plan Text Amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The proposed changes will not increase the density or the height limits of Medium-High development and thus not increase traffic created by these developments or overwhelm the existing public facilities in the surrounding area; and d. The proposed Terra Vista Community Plan Text Amendment is in conformance with the General Plan. The General Plan states that the Medium-High density designation is characterized by low-rise condominiums and apartment buildings with a density range of 14 to 24 units per acre. The proposed text amendment will not affect the type or density of buildings permitted within the zoning district, and developments. built using the proposed criteria will be fully compliant with the General Plan; and PLANNING COMMISSION RESOLUTION NO. 09-03 DRC2008-00761 - LEWIS OPERATING CORPORATION January 14, 2009 Page 3 P330 e. The proposed Terra Vista Community Plan Text Amendment is consistent with the objectives of the Development Code. The Development Code states that the subject development district is intended as an area for multiple family use, with development regulations that assures development that is compatible with nearby lower density residential development. Additionally, the Development Code has the goal of promoting a variety of housing choices within the City. The proposed text amendment will be fully compliant with these criteria and will provide occupants of future developments using the proposed criteria with a greater choice in housing .types available within the Medium-High district. 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in cohnection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the proposed Terra Vista Community Plan Text Amendment would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared..The~eafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before ~j it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby recommends the City Council adopt the Mitigated Negative Declaration. c. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to-the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore recommends the City Council adopt the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the Planning Commission's recommendation 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 Terra Vista Community Plan Amendment DRC2008-00761 by the adoption of this Resolution recommending approval of the attached Draft City Council Ordinance, ihcluding the conditions shown below. PLANNING COMMISSION RESOLUTION NO.09-03 DRC2008-00761 - LEWIS OPERATING CORPORATION January 14, 2009 Page 4 Planninc Department 1) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits, the developer shall submit construction plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1 ] 13. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: Reestablish ground cover on the construction site through seeding and watering. Pave or apply gravel to any on-site haul roads. P331 Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. PLANNING COMMISSION RESOLUTION NO.09-03 DRC2008-00761 - LEWIS OPERATING CORPORATION January 14, 2009 Page 5 • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with SCAQMD Rule 403 requirements: • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce Fine Particulate Matter (PM,o) emissions, in accordance with SCAQMD Rule 403. 7) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and .Regional Water Quality Control Board [RWQCB)) daily to reduce Fine Particulate Matter (PM,o) emissions, in accordance with SCAQMD Rule 403. 8) The construction contractor shall utilize electric or clean alternative fuel- powered equipment where feasible. 9) The construction contractor shall ensure that .construction=grading plans include a statement that work crews will shut off equipment when not in use. 10) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: P332 PLANNING COMMISSION RESOLUTION NO. 09-03 DRC2008-00761 - LEWIS OPERATING CORPORATION January 14, 2009 Page 6 • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value.- • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within. the project area. Submit one copy of the completed report, with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign. a paleontological monitor,-trained and' equipped to.allow the - rapid removal of fossils- with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit the summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy to the report to the San Bernardino County Museum. P333 PLANNING COMMISSION RESOLUTION NO. 09-03 DRC2008-00761 - LEWlS OPERATING CORPORATION January 14, 2009 Page 7 Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM,o emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM,o emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM,o emissions from the site during such episodes. 4) Chemical soil-stabilizers (approved by SCAQMD and .RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM;o emissions. Hydrology and Water Quality 1) Prior to. issuance of grading permits, the permit applicant shall submit to Building Official for approval, Storm Water .Pollution Prevention Plan (SW PPP) specifically identifying Best Managemeht Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An erosion control plan shall be prepared, included in the grading plan, and implemented for the proposed project that identifies specific measures to .control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This erosion control plan shall include the follbwing measures at a minimum: a) Specify the timing of grading and constructibn to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off.-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed . prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5) The developer shall implement the BMPs identified in the Water Quality Management Plan (WOMP), prepared by Madole & Associates; Inc. on September 15, 2008, to reduce pollutants during the construction phase of project from entering the storm drain system to the maximum .extent practical. P334 PLANNING COMMISSION RESOLUTION NO. 09-03 DRC2008-00761 - LEWIS OPERATING CORPORATION January 14, 2009 Page 8 6) The developer shall implement the BMPs identified in the WOMP, prepared by Madole & Associates, Inc. on September 15, 2008, to reduce pollutants after construction from entering the storm drain system to the maximum extent practical. 7) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 8) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a WOMP, including a project description and identifying BMPs that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WOMP shall identify the structural and non=structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 9) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES). General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy. of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Noise 1) Construction pr grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays; including Saturday, or at any time on Sunday or a national holiday. 2) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. The developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. P335 3) The perimeter block wall shall be constructed as early as possible in the first phase. PLANNING COMMISSION RESOLUTION N0. 09-03 DRC2008-00761 -LEWIS OPERATING CORPORATION January 14, 2009 Page 9 4) Haul truck deliveries shall not take place between the hours of B:OO.p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 6. The,Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF JANUARY 2009. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA Richard B. Fletcher, Chairman P336 ATTEST: ~'t'+1.~+ Ja R. Troyer, AICP, Secret I, James R. Troyer, AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby 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 14th day of January 2009, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: COMMISS TONERS: NONE ABSENT: COMMISSIONERS: NONE P337 City of Rancho Cucamonga MITIGATED NEGATIVE DECLARATION The following Mitigated Negative Declaration is being circulated for public review in accordance with the California Environmental Quality Act Section 27091 and 21092 of the Public Resources Code. Project File No.: Terra Vista Community Plan Amendment DRC2008-00761 Public Review Period Closes: Project Name: Project Applicant: Lewis Operating Corp. Project Location (also see attached map): Located on the north side of Church Street and east of Milliken Avenue-APN: 0227-532-16. Project Description: A request to reduce the front-to-front building separation from 30 feet to 16 feet and the side-to-side building separation requirement from 15 feet to 8 feet for two-story buildings; subdivide a partially developed lot of 20.69 acres into two lots for condominium purposes; and to construct amulti-family housing development consisting of 241 units, and walls with a calculated height of up to 10 feet high, on 15.69 acres of land within the Medium-High (MH) Residential Development District (14-24 dwelling units per acre) of the Terra Vista Community Plan. .FINDING This is to advise that the City of Rancho Cucamonga, acting as the lead agency, has conducted an Initial Study to determine if the project may have a significant effect on the environment and is proposing this Mitigated Negative Declaration based upon the following finding: The Initial Study identified potentially significant effects but: (1) Revisions in the project plans or proposals made or agreed to by the applicant before this proposed Mitigated Negative Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the project, as revised, may have a significant effect on the environment. If adopted, the Mitigated Negative Declaration means that an Environmental Impact Report will not be required. The factual and analytical basis for this finding is included in the attached Initial Study. The project file and all related documents are available for review at the City of Rancho Cucamonga Planning Department at 10500 Civic Center Drive (909) 477-2750 or Fax (909) 477-2847. NOTICE The public is invited to comment on the proposed Mitigated Negative Declaration during the review period. Date of Determination Adopted P338 Chairman Fletcher opened the public hearing. Jack Burdette, project manager for Tamco Steel, introduced himself and said he is available for questions. Chairman Fletcher asked ifwith greater efficiency and with increased production, would there also be more employees in the future. Mr. Burdette said that some additional employees would be added but not proportionate to the added tonnage of steel production. Seeing and hearing no further comment, Chairman Fletcher closed the public hearing. Commissioner Howdyshell complimented staff on the detailed report. She said it included a great amount of technical information and she did not see anything negative about the request. Commissioner Wimberly remarked that the technology they are using is remarkable and he sees no problem with it. Commissioner Stewart remarked that the technology is significant and that some of this is so they can comply with State and Federal regulations and it is a straightforward project. Vice Chairman Munoz said this is a good thing in that it will improve the air quality and increase production and the number of jobs. He expressed support. Chairman Fletcher said he agrees with staffs recommendation and commended the applicantfor expanding their capacity and efficiehcy in this economy; it will be a benefit in the future. Motion: Moved by Munoz, seconded by Stewart, to adopt the resolution approving Conditional Use Permit DRC2008-00512 and to adopt a Mitigated Negative Declaration of environmental impacts. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: NONE ABSENT: NONE- -carried k f t ,F k B. ENVIRONMENTAL ASSESSMENT AND TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2008-00761 - LEWIS OPERATING CORP. -A request to reduce the front-to-front building separation from 30 feet to 16 feet and the side-to-side building separation requirement from 15 feet to 8 feet for two story buildings within the Medium-High Residential Development District (14-24 d/u per acre) of the Terra Vista Community'Plan. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. C. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18710 -LEWIS OPERATING CORP. - A request to subdivide a partially developed lot of 20.69 acres into two lots for condominium purposes within the Medium-High (MH) Development District (14-24 d/u per acre) of the Terra Vista Community Plan on the north side of Church Street and east of Milliken Avenue - APN 0227-532-16. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. D. ENVIRONMENTAL ASSESSMENTAND DEVELOPMENTAND DESIGN REVIEW DRC200B- 00306 -LEWIS OPERATING CORP. - A request to construct a multi-family housing development consisting of 241 units on 15.69 acres of_land within the Medium-High (MH) (14- ~~((Plann``in{{g~~Com~m` fission Minutes -2- January 14, 2009 P339 24 d/u per acre) Development District of the Terra Vista Community Plan on the north side of Church Street and east of Milliken Avenue -APN: 0227-532-16. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. E. VARIANCE - DRC2008-00762 - LEWIS OPERATING CORP. -A request to construct walls with a calculated height of up to 10 feet high related to the development of 241 unit condominiums (DRC2008-00306) located within the Medium-High (MH) Development District (14-24 d/u per acre) of the Terra Vista Community Plan on the north side of Church Street and east of Milliken Avenue -APN 0227-532-16. Tabe van der Zwaag, Associate Planner, presented the staff report and a power point presentation on the proposed project. Commissioner Howdyshell complimented staff on the great presentation. She asked how many units would be single-story. Mr. van der Zwaag estimated one per block. Vice Chairman Munoz concurred that it was a great report. Chairman Fletcher opened the public hearing. John Young of Lewis Operating Corp. estimated 18 single story units on the site. He gave a powerpoint presentation highlighting the amenities, building design and architecture (created a Spanish enclave), the paired product concept, the generous square footage of the units, a self managed parking program, and special landscape features. Commissioner Howdyshell asked for a description of the wind and rain gardens. Rick Polhamus of Sightscapes stated the rain garden is to inspire and it is notjust a water basin; the rain trickles in and then perks into the water pathways from decorative heads and there will be signage about water re-use. He said the wind garden has long ornamental grasses that rustle in the wind like a wheat field. He reported that it also features kinetic art that spins and moves in the wind, demonstrating how wind can generate energy and it includes large boulders and pathways. Chairman Fletcher confirmed there would not be a huge windchime. He also asked about the depth of the water. He asked about their rental percentages and the lowering of rents. Mr. Polhamus assured him that was not the case, no huge chimes will be installed. He said the water would be about 4 inches deep. He reported that they have a goal to be about 96% filled and they have reduced their rents over the last six months. He said this is a very desirable City to live in and their apartments are fairly high-end. He said they are already renovating their older properties to make sure the assets they own are kept in good condition. Commissioner Howdyshell complimented Bob Karatz, Director of Broker Relations, of their organization, because he always promotes their rental properties and gets the word out to all the various real estate organizations. Commissioner Wimberly asked if they perform price comparisons and if they would consider roll backs. . Mr. Young said they are considering a program similar to the airlines whereby the rental price is re- set everyday. He said they are getting away from the other incentives and it will be based upon demand. Planning Commission Minutes -3- January 14, 2009 P340 Chairman Fletcher asked about his experience with tenant utilization of all those amenities. Mr. Young said at Homecoming it is pretty strong, some are more used than others such as the pool and fitness center. He said they are evaluating some facilities and programs. He said they use security cameras to evaluate the use of their fitness center and they may consider expanding the current area for that to accommodate the new added units. Chairman Fletcher closed the public hearing. Commissioner Howdyshell said she had visited the community several times and that it is a first class development. Commissioner Wimberly said he looks forward to the next phase being completed and agreed that it is a first class job. Commissioner Stewart said they went to DRC and it came out great. She liked the addition of the wind and rain gardens. Vice Chairman Munoz agreed and he gave the applicant compliments for taking care of the issues. Chairman Fletcher said it is a nice project. He confirmed that the applicant has read and agrees with all the conditions of approval. Mr. Young indicated that they do agree. Motion:. Moved by Munoz, seconded by Stewart, to adopt the resolution recommending approval bf Terra Vista Community Plan Amendment to be forwarded to the City Council for final action and to adopt the resolutions approving Tentative Tract Map SUBTT18710, Development and Design Review DRC2008-00306 and Variance DRC2008-00762 and to adopt the Mitigated Negative Declaration of Environmental impacts as presented by staff. Carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: NONE ABSENT: NONE -carried ..,., F. CONSIDERATION OF APPEAL OF A PLANNING DIRECTOR DECISION TO DENY CONDITIONAL USE PERMIT DRC2008-00616 - MILLIKEN MARKET (NIDAL SAMAAN) -An appeal of a Planning Director decision to deny an application fdr a convenience market store with sales of distilled spirits, located on the northeast corner of Milliken Avenue and 4th Street, within the Industrial Park District, Subarea 12, at 9635 Milliken Avenue. CONTINUED FROM DECEMBER 10, 2008. Chairman Fletcher noted that this is a continued hearing. Daniel Correa, Assistant Planner gave the staff report. Mike Rue stated he is here on behalf of the applicant. He said they are in agreement of all the conditions of approval. Chairman Fletcher closed the public hearing. Planning Commission Minutes -4- January 14, 2009 P341 ~~ .;. C- T H E C I T Y O F RANCHO C H C A M O N G A Staff Report DATE: November 12, 2008 TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Tabe van der Zwaag, Associate Planner SUBJECT: REQUEST TO INITIATE A TEXT AMENDMENT TO THE' TERRA VISTA COMMUNITY PLAN DRC2008-00761 - LEWIS OPERTATING CORP. - A request to reduce the front-to-front. and side-to-side building separation requirements within the Medium-High Residential Development District of the Terra Vista Community Plan. Related Files: DevelopmenYReview DRC2008-00306 and Tentative Tract Map SUBTT18710. BACKGROUND: Lewis Operating Corporation has submitted an application to develop a 241-unit rental condominium project (Development Review DRC2008-00306). The project is the final phase of the Homecoming condominium development located on the north side of Church Street and east of Milliken Avenue. The submittal also includes a two lot condominium map (Tentative Tract Map SGBTT18710). The applicant proposes developing the southern half of Lot 1, which is adjacent to Church Street, with a multi-family product that is identical in layout to that used on the earlier phases of the Homecoming project. The northern half of Lot 1, which is adjacent to Milliken Park, is proposed to be developed with smaller single-unit and duplex townhouse-style buildings. The issue that the applicant is facing is that the townhouse-style units do not meet the City's building separation requirements. ANALYSIS: Multi-family developments located within the Medium-High Residential District of the Terra Vista Community Plan area are required to use the building-to building setback requirements fourid in the Development Code (Table 17.08.040-E). The front-to-front setback requirement for two-story structures is 30 feet and the side-to-side setback is 15 feet. The applicant proposes building the townhouse-style units with a 16-foot front-to-front building separation and an 8-foot side-to-side building separation. The applicant feels that the requested reduction in the City's building separation requirements is justified because the proposed townhouse-style units will provide the residents with a living arrangement that at most shares one wall, which will reduce noise issues between adjoining units and will allow more daylight into each unit through the placement of windows on the side elevations. Additionally, the decreased building separations will allow the townhouse-style units to meet the density requirements of the Medium-High District (14 to 24 units per acre). The applicant requests to add the following underlined text to the existing building separation criteria outlined in the Terra Vista Community Plan for Medium-High Residential development:. EXHIBIT D P342 PLANNING COMMISSION STAFF REPORT DRC2008-00761 - LEWIS OPERATING CORPORATION November 12, 2008 Page 2 Chapter V, Community Development Standards, Medium-High Density Residential Site Development Standards, page V-15: (h) Building separations: The standards from the Rancho Cucamonga Development Code shall apply except for the following exception: two story duplex and detached Staff and the applicant visited amulti-family development in the City of Irvine that was developed with a similar product and comparable building separations. This visit left staff feeling that the proposed building separations afforded each unit with ample privacy, light, and surrounding landscaping while at the same time provided adequate variation in the building setbacks from the access walkway to provide visual interest. Areal positive for the proposed site design is that the ground level patios are located on the side elevations of the buildings so that no ground level patios face the walkway, eliminating the sense that the patios are crowding the walkways. The proposed second-story balconies will be setback 12 feet from the adjacent building faces and will not face the balconies of units on the opposite side of the walkway. In conclusion, staff feels that proper site planning can overcome any issues that may arise from the reduced building separations, and that. future residents of projects developed using this criteria will be afforded the same high quality-of-life standards expected from all developments within the City. RECOMMENDATION: Staff recommends that the Planning Commission discuss the proposed request and provide additional comments as necessary, and through minute action, direct staff to initiate Terra Vista Community Plan Text Amendment DRC2008-00761 as outlined in this report. Respectfully submitted, ~ ~~ Ja s R. Troyer, AICP Planning Director JRT:TV\ma Attachments: Exhibit A -Applicant letter requesting the proposed text amendment Exhibit B -Terra Vista Community Plan -Page V-15 (H) Exhibit C -Aerial photograph of project site Exhibit D -Site Plan Exhibit E -Enlarged Site Plan showing proposed duplex building.separations Exhibit F -Elevations of both proposed products Exhibit G -Elevations of duplex product Exhibit H -Landscape Plan i~ i~ ~~ Lewis flpartment communities A memoer p~ ~Ge Lerns pmup at wmpanies LEWIS APARTMENT COMMUNITIES 1156 NOATH MOU N7AIN AVENUE, UPLAND, CALIFORNIA 9178G-3633 September 16, 2008 CITY OF RANCHO CUCAMONGA Planning Department 10500 Civic Centex Drive Rancho Cucamonga, CA 91729 Attn: Tabe van der Zwaag RE: Texxa Vista Community Plan Specific Plan Amendment Request DRC 2008-00306 and SUBTT18710 Dear Mr. Van Dex Zwaag: We would like to formally request the adoption of a Specific/Community Plan Amendment to address the building setback issue of the entitlement submittal for DRC 2008-00306 and SUBTT18710. The setbacks #ox the duplex product that we axe proposing as part of our entitlement submittal do not conform to the City of Rancho Cucamonga Development Code. The Terra Vista Community Plan, Revised Amendment No. 6, Multifamily Amendment, page V-15 states: "Land designated as Medium High Density Residential is intended fox residential development that ranges from 14 to 24 dwellings per gross acre. The following regulations apply. (h) Building sepazadons: The standards from the Rancho Cucamonga Development Code shall apply." We propose the following change to this regulation: Building separations: The standards from the Rancho Cucamonga Development Code shall apply accept fox the following exception: two stony duplex and detached single unit buildings side building separation of 8 feet. The duplex product that we are proposing is an innovative concept that provides a different living experience to future residents. The duplex product is essentially a townhouse product that separates units to create only one shared wall. Two units shaze a common wall in the duplex.unit configuration as compazed to the standazd townhouse configuration which will share nvo of the four exterior walls. The resulting design provides additional light and private open space unavailable in a standard townhouse configuration. These duplex units also provide an improved street scene due to their smaller massing than a townhouse building. In order to obtain a similaz density to a townhouse product, a duplex product requires smaller building to building setbacks. Thus, we aze requesting.that the table listed above be added to the Texxa Vista Community Plan through a Specific Plan Amendment on page V-15 under section h. P343 EXHIBIT A ~'G `' ~ ,2~ °~ P344 These setbacks will enable us to provide an innovative living experience for our future residents that will provide them additional privacy, ventilation and daylight that would not be available in a standazd townhouse configuration. We appreciate your assistance in reviewing this application. If you have any questions please do not hesitate to contact me at (909) 949-6781. John R. Young Vice President - 2~Page P345 C d d y a °' E~ f0 ~ > a ~ °L ~ ono ~ N °'d N ~ a -° > ~ a D E ° N ~ D ~' d O) N N ~ L C L S O .l9 p N ~ N C ' E ' n E D S .n Y X c.. c mm a o «.o C " ~ a07 L m ~ ~' ~ ~ E E i Na aLd c m c L N. .~ ai U N fC d d ° O O L O ~ O L ? O • °- C N N ` o O •~ m> d> D °' y a m a~i ~ ` ° E a~iL a y c mo•N o ¢ ~ « a.. ~ N ~ o > . a c~ o W L~ ~ ~ ~ oo~ cEo ac ~c o c Cf O) L O) C L N ~ C L ~ ~ p -+ a O ~ Nt IO - O C O ~ U L 0 E f dd ~. ~ .• D ~~ ~ ~ d yL ~ y a y ~~ °a i ° + d ~ i 'a " N D H ° ~ ~ N ° f0 N f0 Y N ~. 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U U~ O ~~ Z J! EXHIBIT F pc- ~~ ~E? /b~ !i s IE f~liieElaEa~lBaaP + n n ~ a nun n E C tl E Y! IFS' yll u.:~u ?l, d I k+'x 1 I I ,~ '~ Z k... .. ~ ,' '~` it '+:n zw o~ LL ~~ .`'" w ~w ~p _~ CN ru ~`~' ar '{ f'. ~~ S I@RI 1=a a .S' ~ '.i t.--. c i 0 w z z C w w w Z~ O Z z 0 w ~ w y ¢ , Q ~ 0 5 y~ O O 4 Y v e ~:. 1\,12`i~~ A i ~it~l s aEi;i s ~ 2 WI ~~ n Q ~~ W ~~ N ~E ~ T' U O ¢~ P351 ORDINANCE NO. $I AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2008-00761, A REQUEST TO REDUCE THE FRONT-TO-FRONT BUILDING SEPARATION FROM 30 FEET TO 16 FEET AND THE SIDE-TO-SIDE BUILDING SEPARATION REQUIREMENT FROM 15 FEET TO 8 FEET FOR TWO-STORY DUPLEX AND DETACHED SINGLE-UNIT BUILDINGS WITHIN THE MEDIUM-HIGH DENSITY RESIDENTIAL DISTRICT (14-24 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. .Lewis Operating Corporation filed an application for Terra Vista Community Plan Amendment DRC2008-00761, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Terra Vista Community Plan Text Amendment is referred to as "the application." 2. On November 12, 2008, the Planning Commission approved the initiation of Terra Vista Community Plan Text Amendment DRC2008-00761. 3. On January 14, 2009, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above-referenced Terra Vista Community Plan Amendment DRC2008-00761 and, following the conclusion thereof, adopted its Resolution No. 09-03 recommending that the City Council of the City of Rancho Cucamonga adopt said Terra Vista Community Plan Amendment DRC2008-00761. 4. On March 18, 2009, the City Council of the City of Rancho Cucamonga conducted a duly-noticed public hearing on the application. 5. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Based upon substantial evidence presented to the City Council during the above-referenced public hearing March 18, 2009, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application applies to property located within the City; and b. The amendment proposes reducing the required front-to-front building separation from 30 feet to 16 feet and the side-to-side building separation requirement from 15 feet to 8 feet. The amendment will only apply to detached single-unit buildings and two-story duplex buildings within the Medium-High Density Residential District of the Terra Vista Community Plan. Specifically, Chapter V of the Terra Vista Community Plan will be amended by adding the following underlined text: Community CITY COUNCIL ORDINANCE NO. DRC2008-00761 - LEWIS OPERATING CORPORATION March 18, 2009 Page 2 P352 Development Standards, Medium-High Density Residential Site Development Standards, page V-15: (h) Building separations: The standards from the Rancho Cucamonga Development Code shall apply except for the following exception: Two-story duplex and detached single-unit buildings may be developed with a reduced front-to-front building separation of 16 feet and aside-to-side building separation of 8 feet; and c. Proper site planning can overcome any issues that may arise from the reduced building separations, and that future residents of projects developed using this criteria will be afforded the same high quality-of-life standards expected from all developments within the City; and d. The proposed Terra Vista Community Plan Amendment will provide the necessary legislative action that will permit a variety of multi-family dwelling unit types for rental purposes, such as duplexes and detached units, which are not typically found in apartment home communities. e. The proposed amendment is in conformance with the General Plan and objectives of the Terra Vista Community Plan; and f. The proposed Terra Vista Community Plan Text Amendment will not have a significant impact on the environment. 3. Based upon the substantial evidence presented to this Council during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. The proposed Terra Vista Community Plan Text Amendment does not conflict with the Land Use Policies of the General Plan and will provide for development, within the district, in a manner consistent with the General Plan and with related development; and b. The proposed Terra Vista Community Plan Text Amendment does promote the goals and objectives of the Development Code, and; c. The proposed Terra Vista Community Plan Text Amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and Plan; and The subject application is consistent with the objectives the Terra Vista Community The proposed amendment is in conformance with the General Plan. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the Terra Vista Community Plan Amendment will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Mitigation Monitoring Program attached hereto; and incorporated herein by this reference, based upon the findings as follows: CITY COUNCIL ORDINANCE NO. DRC2008-00761 - LEWIS OPERATING CORPORATION March 18, 2009 Page 3 P353 a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The City Council has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The City Council further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. Based on these findings, the City Council adopts the Mitigated Negative Declaration. c. The City Council also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The City Council adopts the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program, and all other materials which constitute the record of proceedings upon which the City Council's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5.. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this City Council hereby approves Terra Vista Community Plan Text Amendment DRC2008-00761, thereby amending Chapter V, Community Development Standards, Medium-High Density Residential Site Development Standards, page V-15, (h) Building separations, with the addition of the following underlined text to the existing regulations: The standards from the Rancho Cucamonga Development Code shall apply except for the followin Planning Department 1) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its. agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. CITY COUNCIL ORDINANCE NO. DRC2008-00761 - LEWIS OPERATING CORPORATION March 18, 2009 Page 4 Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits, the developer shall submit construction plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. - 4) All. asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: P354 • Reestablish ground cover on the construction site through seeding and watering. Pave or apply gravel to any on-site haul roads. Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. Sweep streets according to a schedule established by the City, if silt is carried over to adjacent public thoroughfares or occur as a result of hauling. Timing may vary -depending upon the time of year of construction. P355 CITY COUNCIL ORDINANCE NO. DRC2008-00761 - LEWIS OPERATING CORPORATION March 18, 2009 ' Page 5 • Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with SCAOMD Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAOMD and Regional Water Quality Control Board [RWOCB]) daily to reduce Fine Particulate Matter (PM~o) emissions, in accordance with SCAQMD Rule 403. 7) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible. 8) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. 9) All residential and commercial structures shall 'be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 10) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. CITY COUNCIL ORDINANCE NO. DRC2008-00761 - LEWIS OPERATING CORPORATION March 18, 2009 Page 6 Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report, with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving.' 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere, until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). Submit the summary report t Transfer collected specimens San Bernardino County Museum. Geology and Soils o the City of Rancho Cucamonga. with a copy to the report to the 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAOMD and RWOCB) daily to reduce PM,o emissions, in accordance with SCAOMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM,o emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon time of year of construction. P356 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM,o emissions from the site during such episodes. CITY COUNCIL ORDINANCE NO. DRC2008-00761 - LEWIS OPERATING CORPORATION March 18, 2009 Page 7 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions. Hydrology and Wafer Qualify 1) Prior to issuance of grading permits, the permit applicant shall submit to the Building Official for approval, Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An erosion control plan shall be prepared, included in the grading plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This erosion control plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent-discharge of debris or sediment from the site. 5) The developer shall implement the BMPs identified in the Water Quality Mahagement Plan (WQMP), prepared by Madole & Associates, Inc. on September 15, 2008, to reduce pollutants during the construction phase of project from entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the .use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. P357 CITY COUNCIL ORDINANCE NO. DRC2008-00761 - LEWIS OPERATING CORPORATION March 18, 2009 Page 8 7) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a WOMP, including a project description and identifying BMPs that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WOMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 8) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDF_S) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Noise 1) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 2) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property • line. The developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 3) The perimeter block wall shall be constructed as early as possible in the first phase. 4) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffc haul routes. To the extent feasible, the plan shall denote haul routes .that do not pass sensitive land uses or residential dwellings. P358 6. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact .that any one or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. P359 CITY COUNCIL ORDINANCE NO. DRC2008-00761 - LEWIS OPERATING CORPORATION March 18, 2009 Page 9 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Vallev Dailv Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. A .~ O V i i d C Q K H ~~ N C~ ti O O 00 O O N V `.. F-- _~ ~i `: fIl ~~ ~P_ J s`.. w ,. {~,~+ r^~~ ~~ r'~~~~~ _~ ~~ ri r~ ^ ^ ^ L 0.. 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RK ^,:. ~~5~ A Pp ~~• '*" f{,n~(~ f i w~ ~~^ , ~ ~ '~` ~ y * ~~r~ } '; ^ s A$~ T A PARK~p,Y ~ "''~' r f~-.. ~ ~. ~~rr C ;~T " r ~~ % ~~'~ 1~ ~iiF f ~~ -~•~~ ~rT a~^~ , :~ ~'~~ ~~ ti of ,l r N r -fit' ~"'' l" j O) 'h q,v Q W 'N G r=---1 1! i -~ cif . ~ ~ I, I~~ ~~ ~, Q ~~ ~~ ~ !~~ r~ i ~• ~- Q~ l ~r r 4~ ~r V: ~:• ,, , ~~ 11 • 0 ~~-f ~ _ ice. ` .. ~ ~~i. ~ 1 ~ ,~ _ '~ ~ ,' _ ' _ .. ~ '~J`~5~~ r ~ + ~-.~{ ,max ~ E !"7 ~4 - ~~~ t tik _ ~ ~ ~---~ P360 STAFF REPORT PL,-11~'NING DEP.~IRTMENT RANCHO Date: March 18, 2009 C,UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: James R. Troyer, AICP, Planning Director By: Waen Messner, Associate Planner Adam Collier, Planning Technician Jennifer Nakamura, Associate Planner Subject: STATUS REPORT ON THE DEVELOPMENT OF REVISED CHINO BASIN WATER EFFICIENT LANDSCAPE MODEL ORDINANCE ON COMPLIANCE WITH AB1881 DRC 2008-00170 RECOMMENDATION Staff recommends that City Council receive, review and discuss the report concerning the Chino Basin Water Efficient Landscape Model Ordinance for the purpose of developing a City Ordinance by January 2010. Staff also requests that City Couricil provide direction to staff to conduct further research to draft the Rancho Cucamonga Water Efficient Landscape Ordinance. BACKGROUND Under the requirements of AB1881 (Laird, 2006), City and County Governments are required to establish a landscape Model Ordinance that meets or exceeds the requirements defined by the California Department of Water Resources (DWR). In February 2008, DWR released a Draft Model Ordinance for public review and comment. Many agencies locally and throughout the state found the Model Ordinance difficult to interpret and administer. Staff presented the draft Model Ordinance and its concerns to City Council on October 1, 2008. DWR responded to many public review comments and concerns generated in the February 2008 draft and presented a revised Model Ordinance in late November, 2008 for public comment and review. The revised Model Ordinance addressed some of the main concerns presented by staff at the October 1, 2008 City Council meeting. Formation of the Inland Empire Landscape Alliance In response to the passage of AB1881, the Inland Empire Utilities Agency (IEUA) coordinated the development of the Inland Empire Landscape Alliance (Landscape Alliance). The Landscape Alliance is a voluntary collaborative working group in which landscaping policies will be reviewed and implementation coordinated. The Landscape Alliance board, representing all cities and water agencies within the Chino Basin, directed the creation of a technical committee P361 STATUS REPORT ON THE DEVELOPMENT OF REVISED CHINO BASIN WATER PncE 2 EFFICIENT LANDSCAPE MODEL ORDINANCE ON COMPLIANCE WITH AB1881 DRC 2008-00170 MARCH 18, 2009 to develop a collaborative Chino Basin Model Ordinance that will meet the requirements defined by the DWR. The technical committee completed the Chino Basin Model Ordinance in January, 2009. On February 12, 2009, the Landscape Alliance Board unanimously agreed to endorse the Chino Basin Model Ordinance. This gives member cities the remainder of the year to customize and adopt the Model Ordinance before the January 2010 deadline. The technical committees work is far from over. In addition to the Model Ordinance, they will spend the next several months developing the tools cities will need to successfully implement the Model Ordinance. These tools, along with small modifications to the Model Ordinance will allow the. City to successfully adopt a landscape Model Ordinance in compliance with A61881 later this year ahead of the January 2010 deadline. MODEL ORDINANCE ANALYSIS Applicability The new Model Ordinance, endorsed by the Landscape Alliance Board on February 12, 2009, applies to any new or rehabilitated landscape installation with a total project net landscape area of 2,500 square feet or greater for new and existing public, commercial, industrial and residential development projects that require a Building permit, plan check or design review. The Model Ordinance also applies to new landscape installation for new construction of a single family home by an individual homeowner with a total project net landscape area of 5,000 square feet or greater, that requires a Building permit, plan check or design review. The latter applicability for new construction of a single family home by an individual homeowner is a new requirement. Previously, the Model Ordinance indicated that all projects, including new construction of a single family home by an individual homedwner, with a total project net landscape area of 2,500 square feet or greater, are subject to the requirements of the Model Ordinance. The Model Ordinance defines "project net landscape area, landscaped area or landscape project area" as "all of the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance (MAWA) Calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious ornon-pervious hardscapes, and other non- irrigated areas designated for non-development (e.g., open spaces and existing native vegetation)." The term "water feature" includes "any water applied to the landscape for non- irrigation, decorative purposes. Fountains, streams, ponds, lakes, and swimming pools are considered water features. Water Budget Calculation The principal behind the Model Ordinance is to develop a water budget for all qualified projects and allow individuals flexibility in determining the type and quantities of landscape that can be used within the given water budget. The water budget is a calculation of how much water a landscape requires or is allotted in order to maintain health, appearance and reasonable growth of landscaping. The water budget is based on the maximum applied water allowance (MAWA). This calculation is based on 70% of the evapotranspiration rate for the local area multiplied by P362 STATUS REPORT ON THE DEVELOPMENT OF REVISED CHINO BASIN WATER Pncr 3 EFFICIENT LANDSCAPE MODEL ORDINANCE ON COMPLIANCE WITH AB1881 DRC 2008-00170 MARCH 18, 2009 the total landscape area. This provides a total number of "billing units" of water a given landscape is allotted. To determine if the proposed landscape will meet the water budget, the applicant must provide the Estimated Annual Water Use (EAWU) for the landscape proposed. This calculation is based on the evapotranspiration factor, plant factor, and square footage of landscape and irrigation efficiency. If the EAWU exceeds the MAWA, the landscape plan should be revised. Submission and Implementation of Landscape Documentation Package Prior to issuance of any permit, a Landscape Documentation Package, prepared by a licensed landscape architect shall be submitted to the Planning Department, along with other required Planning Application plans, materials and documents. A Landscape Documentation Package shall set a water budget for each landscape and select plant materials that stay within the water budget. In addition the package shalt also include plant selection and grouping that promotes the use of California friendly® plants and minimizes the use of turf-grasses. The Model Ordinance requires applicants to submit a detailed Landscape Documentation Package that includes: Water Efficient Landscape Worksheet -this includes design statement, irrigation notes, planting notes, a conceptual plant palette identifying proposed hydrozones and MAWA calculation for the landscape project area. Landscape Construction Drawings -this will determine the type and location of plants, irrigation system and soil type within the project area. Landscape Construction Drawings shall include: • Landscape Conceptual Planting Plan -this plan will conceptually identify conceptual plant materials selected and their planting location. Irrigation Design Plan -this plan determines the type and location of irrigation used to meet the needs of the project, within the confines of the water budget, based on the requirements of the Model Ordinance. Irrigation Design Plan shall incorporate efficient irrigation design into the landscape design so that the landscape remains within budget, install a dedicated landscape meter for landscaped areas over 5,000 square-feet and mandate the installation of a smart irrigation controller which can automatically adjust irrigation scheduling based on weather (temperature, humidity, rain, wind, and frost). • Soil Management Plan -this includes an assessment of the soil of the project site through laboratory analysis as well as recommendations from a qualified soil specialist. Soil Management Plan shall include soil testing so that to determine plant material selection and set irrigation run-times. Water Management Plan - this includes the anticipated water requirements in inches per year and water budget for the various hydrozones identified in the Water Efficient Landscape Worksheet. P363 STATUS REPORT ON THE DEVELOPMENT OF REVISED CHINO BASIN WATER PncE 4 EFFICIENT LANDSCAPE MODEL ORDINANCE ON COMPLIANCE WITH A61881 DRC 2008-00170 MARCH 18, 2009 • Grading Design Plan -this will show the elevations of all landscaped areas, taking special consideration to avoiding natural drainage patterns and soil compaction in landscaped areas. On-site grading shall be designed to minimize unnecessary soil compaction, erosion and water waste to encourage water infiltration. Once the City has reviewed and approved the landscape documentation package, work on the site can begin. Compliance and Enforcement Prior to issuance of a Certificate of Occupancy or. final inspection of a project subject to this Model Ordinance, the applicant will need to submit a completed Landscape Documentation Package that has already been reviewed and approved by the Cucamonga Valley Water District (CVWD), to the Planning Department for review and approval. If the completed project is found to be in excess of their established MAWA, the property shall be subject to a landscape water audit. The Planning and/or Building and Safety Departments may inspect projects before, during, and immediately after installation of the landscaping to verify that the project is in compliance. The completed Landscape Documentation Package must be reviewed and approved by the Planning and Building and Safety Departments prior to issuance of a Certificate of Occupancy. The completion packet consists of: Certificate of Completion -The Certificate of Completion shall be signed by a licensed landscape architect and shall indicate that: The landscaping has been installed in conformance with the approved Planning and Irrigation Plans. • The SMART irrigation controller has been set according to the irrigation schedule. • The irrigation system has been adjusted to maximize irrigation efficiency and eliminate overspray arid runoff. Copv of Irrigation Schedule -this is designed to set the optimal schedule for irrigating the site to utilize the minimum amount of water required to maintain plant health. An original irrigation schedule of the project shall be given to the property owner and a copy shall be submitted to the Planning Department. • Landscape and Irrigation Maintenance Schedule is a regular maintenance schedule including routine inspection, adjustment and repair of the irrigation system, maintaining the landscaped areas as well as the schedule for conducting irrigation audits of the landscape as prescribed by the draft Model Ordinance. The previous draft Model Ordinance required the Landscape Irrigation Audit to be submitted with the completed Landscape Documentation Package. However, the new Model Ordinance P364 STATUS REPORT ON THE DEVELOPMENT OF REVISED CHINO BASIN WATER Pnca 5 EFFICIENT LANDSCAPE MODEL ORDINANCE ON COMPLIANCE WITH A61881 DRC 2008-00170 MARCH 18, 2009 does not require submission of Landscape Irrigation Audit due to high costs of the auditing process unless a property is found in excess of their established MAWA.. Once the City has reviewed and approved the completed Landscape Documentation Package, a Certificate of Occupancy (orequivalent) will be issued for the project. In order to ensure consistent, cost-effective implementation of the Model Ordinance, the Landscape Alliance Technical Committee has also identified a number of tools which will assist with implementation including: An interactive landscape water budget calculator Methodology to establish water budgets and track water data including notification and recommendations for penalties Recommended plant lists and documentation package A survey of what SMART or weather based irrigation controllers exist within the service area and develop support materials for customers in preparation for mandatory weather-based irrigation controller installation and scheduling. The Technical Committee will continue to meet to develop these tools from March to June 2009. Planning Department staff will continue to collaborate with the Cucamonga Valley Water District (CVWD) and the Inland Empire Utilities Agency (IEUA) over the next 45-days to discuss options to the Model Ordinance. Staff expects to bring a recommended course of action to implement the Model Ordinance to the City Council within the next 45-60 days. Respectfully submitted, Ja s R. Troyer, AICP Planning Director JRT:WM/AC ~~ Q~ ~--+ .~ V W L i .~ ~,~ O ._ V i V ca V J N ~U 0 U U O O L U ~ ~. (6 N /}/'~+ v J O ~ U LO N O ~ ~U O ~ ~ O . ~ +_~ >U o O a--+ ~ U ~ ~ _N ~ ~ ~~^, ~ O 0 ~ °o Cn ~ N r~ N N C N i ~O O U ~ C ~ ~ O ~ Q Ca N ~ ~ ~ U ~ ~_ ~ U ~ O ~ ~ U ~ ~ ~ M~ ~ c~ W Q = U ~, ~ c ~ ~ .N_ ~ ~ U_ ~ ~ ~ ~ O ~ ~ ~ N ~_ •~ Q ~ o i C N ~-: N ~ L . ~ ~--+ Q ~ ~' N ~ ~ U ~ ~ ~ Ca ~ U ~ ~ L ~ U C C~ N ~ y-- O ~ O a, ~ ~ ~ O Q U ~ ~ ~ ~ ~ ~ `/~~ C6 /1 . L ~ oU i ~! 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N O ~ U ~ ~ C O L L ~ ~ Q L C O C6 .~ L ` }"~ (~ ~ L ~ ~ Q ~ s- N O - N U O ~ ~ i L O Q ~ ~ ~ ~ N Q ~ O , ~ ~ ~ ~ ~X ~ ~ ~ ~ ~ N ~' O L ~ O U ~ ~ ~ ~ ~ N Q ~ VJ O O ._ U O ~--+ N O ~ ~ O i (~ ~ ~ ~ O O i U ~ = O .~ O N N ~ +r O ~_ ~ ~ ~ ~ o ~ U~ U ~ .~ -~ U OO ~ ~ O N Q ~ ~ W O ~ -~~ Ca D > U ~ ~ U _ .~ ~ U ~ O ~ ~ ~ ~ O ~, ~ -~ O 0 0 ~ cfl ~ ~ X ~ ~ ~ ~ N ~ ~ C O O ~ ~ U N 'N ~ = . O ~ ~ Q O ~ +_ U w ~ ~ O ~ c~ U O N N L O ~ U ~ C ~ N ~ ~ ~~•~ ~ ~ O ~ O o ~ °~ 0 ~~~ L Q~ L i,1-- O~ N ~_ ~ L ~ ~. ~~ N ~ ~ ~ .~ Q ~U ~ '~ O cn ~ U O ._ C~ W °~ ~' o '~ ~ '~ ~' ~ U ~ O N U -- N ~ L ~ ~~ ~~ ~U Uo~ ~N~~ ~~o ~~~V vol. ~j~~o ~~Q ~~~~ ~~o ~•-~ ~ }' L N~ ~ LJJ O _ L O Q~ ~ ~ L (/~ ~~~~_ i~coca o~~~ ~ ~ ~ ~ ~~~0 a~io°~~ ~~.~?~ ~'> oU ~ L ~ L v~ ~'~ c~ v~~.~0~ ~+ ^~ W U 0 a~ c~ STAFF REPORT ENGINEERING SERVICES DEPARTMENT Date: -March 18, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Dan James, Senior Civil Engineer xANCHO CUCAMONGA Subject: CONSIDERATION OF AN AMENDMENT TO TITLE 12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE CHAPTER 12.16 REGULATION OF NEWSPAPER RACKS RECOMMENDATION It is recommehded that the City Council adopt the attached Ordinance to amend for technical changes applicable to the Regulation of Newspaper Racks. BACKGROUND/ANALYSIS In 1997 the City adopted its first Newspaper Racks Ordinance. The current ordinance gives placement use, size,. materials, and color regulations. The current ordinance also requires the newsrack owner to obtain a permit for encroachment into the public right of way. Since the adoption of the ordinance staff has not enforced the requirement of the Newsrack owners to obtain a permit. Staff has recently met with the City Attorney's office and concurs with his direction that it would be prudent to amend the ordinance to delete the permit requirement but maintain the regulations. These regulations will still be enforcable through the standard code enforcement process. The regulations are demonstrated on the attached exhibits. Also attached is a list of newsrack vendors which can supply newsracks that meet the ordinance specifications. The City Attorney informed staff that the Newsrack Ordinance does not apply to UPS or similar private mail service units. Private mail service companies would have to apply for an encroachment permit through Engineering Department. Engineering staff will review each individual encroachment permit request and establish guidelines consistent with the newsrack regulations. Staff performed a field survey and discovered a total of 131 publication and private mail service units. Of the 131 units only 13 were private mail service. Once the updated Newsrack Ordinance is adopted staff is prepared to address concerns of the units within the public right of way. Staff presented the amended ordinance to the Public Works Subcommittee on January 21, 2009. The attached ordinance for City Council adoption has their recommended changes and comes before the full Council with their recommendation of approval. Respectfully submitted,. ...----- er Director of Engineering Services/City Engineer MAS/DFJ:akt Attachment: Regulation Exhibits Newsrack Vendors Ordinance P366 12.16.050 Placement standards. Any newsrack which, in whole part, rests'upon, in, or over any public sidewalk or parkway shall comply with the following standards: A. Each newsrack shall be installed in an upright and secure position. B. Each newsrack shall be of a type that is completely enclosed with aself-closing door that is either self-latching or otherswise requires manual or mechanical release at each use. C. No newsracks shall exceed forty inches in height, thirty inches in width, or twenty-four inches in thickness. 24 in 40 in 2~ 40" .~ 30" ~~ ~~ H 30 in 24 in P367 D. Newsracks shall be placed neaz a curb or adjacent to the wall of a building. Newsracks placed near the curb shall be placed no less than eighteen inches nor more than twenty-four inches from the edge. of curb and shall not open towards the roadway. Newsracks placed adjacent to the wall of a building shall be placed parallel to the wall and not less than six inches no more than eighteen inches from the wall. No newsrack shall be placed or maintained on a sidewalk or pazkway opposite a newsstand or another newsrack. Near a curb: Adjacent to wall s/w (Open towards s/w) max ~ ~ 18 " min street Curb (FOC) Face of Building E. No newsrack shall be chained, bolted, or otherwise attached to: 1. Any property without the express written permission of the owner of such property; provided however, that the director may require newsracks to be secured to the sidewalk by means of an approved device; or 2. Any fixture located in the public right-of--way, except to other newsracks, including but not limited to, any tree, streetlight post, traffic signal, or sign. F. Attachment to Other Newsracks. Newracks, when placed side by side, maybe chained or otherwise attached to one another, provided that no group of newsracks shall extend for a distance of more than ten feet along a curb, and a space of not less than six feet shall separate each group of newsracks. 10 ft max ~nnmm~. S/W of a building: 2 P368 G. Notwithstanding the provisions of Section 12.16.040. No newsrack shall be placed, installed used or maintained: 1. Within ten feet of any mid-block crosswalk; 18in min s/w Mid-block crosswalk .~ .Y S ~ ~, 4 R = ~ t t p, e ~ ~ n v~ ~ ~ Z ..~_..H:... .3 +"L. ~~'9.~~to. curb min 2. Within thirty feet of any street or alley curb return; (BCR-beginning curb return. ECR-ending curb return) BCR ECR 30 ft. min from any street or alley ~ NR curb return P369 3. Within eight feet of any fire hydrant, fire call box, curb bordering any fire access lane, police call box, or emergency facility; 8 ft from any fire hydrant s/w Fire hydrant NR NR ~ 8ft mm Curb 4. Within ten feet of any driveway; Drive approach 10 ft min NR NR 5. Within five feet ahead of or twenty-five feet to the rear of any sign marking a designated bus stop; 4 P370, 6. Within six feet of any bus bench or bus shelter; s/w Bus shelter 6 ft min NR NR Curb 7. At any location whereby the clear space for the passageway of pedestrians is reduced to less than four feet; or Within three feet of any area improved with lawn, flowers, shrubs, or trees, or within three feet of any display window of any building abutting the sidewalk or parkway or in such a manner as to impede or interfere with the reasonable use of such window for display purposes. H. Color. Nevvsracks shall be of unobtrusive colors or grey, brown, or black in order to blend in with the streetscape. I. Materials. Newsracks shall be constructed of metal, except for the display window. J. No newsrack shall be used for advertising signs or publicity purposes other than dealing with the display, sale, or purchase of the newspaper or printed material so]d therefrom. K. Each newsrack shall be constructed and located in compliance with this chapter and in such manner as to comply with all state and federal regulations concerning access by disabled persons. L. Each newsrack shall have affixed thereto, in a place where such information may be easily seen, the correct name, address, and telephone number of the owner thereof. P371 CITY OF RANCHO CUCAMONGA NEWSRACK VENDORS NOTE: THIS LIST IS NOT TO BE AN ENDORSEMENT OF ANY THE FOLLOWING VENDORS; THIS IS A LIST OF VENDORS THAT SUPPLY RACKS THAT MEET CITY STANDARD. IF ANY VENDORS WOULD LIKE TO BE ADDED TO THE LIST, PLEASE CONTACT OUR OFFICE AT (909) 477- 2740. Newsrack vendors Sho-rack (www.shorack.com) 1-800-527-1134 K-Jack (w~~~.kjack.com) 1-800-775-5225 Rak Systems (www.raksystems.com) 1-800-467-1725 Hamilton Circulation (www.hamiltoncirculation.com) 1-800-398-2427 Steel City Corporation (www.scitv.com) 1-800-321-0350 Newsracks shall be one of the following types: Sho-rack K-49-16 Sho-rack TK-100 K-Jack KJ-840, KJ-950 Rak Systems C2008 Tabloid, C91 Rak Systems C2007; C2007B-TAB Tabloid/Newspaper Rak Systems ST91 SD, ST39-B-PD Hamilton Circulation Model 100, 49,49-20,49DW14 Steel City Corporation 39,49,100 series or a similar style as determined by the director P372 ORDINANCE NO. ~ ~ z AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA MAKING TECHNICAL CHANGES TO THE CITY'S NEWSRACK REGULATIONS, AND AMENDING TITLE 12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE. Section 1. Chapter 12.16 of Title 12 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: Chapter 12.16 "Sections: REGULATION OF NEWSRACKS 12.16.010 Intent and purpose. 12.16.020 Definitions. 12.16.030 Compliance with newsrack standards required. 12.16.040 Prohibited installations. 12.16.050 Placement standards. 12.16.060 Maintenance standards. 12.16.070 Display of certain matter prohibited. 12.16.080 Display of harmful matter. 12:16.090 Violation--Notice to owner. 12.16.100 Impounding of newsracks--When authorized. 12.16.110 Impounding of newsracks--Notice to owner. 12.16.120 Return of impounded newsracks--Conditions. 12.16.130 Sale or disposal after impoundment. 12.16.140 Impoundment--Hearing procedures. 12.16.150 Appeals. 12.16.160 Restoration following newsrack removal. 12.16.010 Intent and purpose. The city council of the City of Rancho Cucamonga finds that newsracks, stands, containers, and similar newspaper and vending devices have proliferated and increased in areas of the City of Rancho Cucamonga to the extent that, in some instances, they constitute a threat to the public health, safety, and welfare by impeding pedestrian traffic and interfering with ingress and egress to and from buildings, vehicles, and public modes of transportation. The purpose of this chapter is to promote the public health, safety, and welfare through the regulation of placement, appearance, number, and size and servicing of newsracks on public rights-of-way so as to: A. Provide for pedestrian and driving safety and convenience; B. Insure no unreasonable interference with the flow of pedestrian or vehicular traffic including ingress into, or egress from, any residence or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles; 1105901 P373 C. Provide reasonable access for the use and maintenance of sidewalks, poles, posts, traffic signs or signals, hydrants, mailboxes, and access to locations used for public transportation services; D. Reduce visual blight on the public rights-of-way and protect the aesthetics of store window displays, public landscaping, and other improvements; E. Maintain and protect the value of surrounding properties; F. Reduce exposure to the city to personal injury or property damage claims and litigation; G. Protect the right to distribute information as protected by the state and federal constitutions through the use of newsracks; H. Avoid interference with the emergency activities of public safety agencies. It is not the ihtent of this chapter to in any way discriminate against, regulate, or interfere with the publication, circulation, distribution, or dissemination of any newspapers or other written materials. 12.16.020 Definitions. For purposes of this chapter, the following words and phrases shall be construed to have the meanings herein set forth, unless it is apparent from the context that a different meaning is intended: 'Director' means the director of community development of the City of Rancho Cucamonga or his or her designee. 'Explicit sexual acts' means depictions of sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, sadism, masochism, or excretory functions in conjunction with sexual activity, masturbation, or lewd exhibition of genitals, whether any of the above conduct is depicted or described as being performed alone or between members of the same or opposite sex or between humans and animals, or other acts of sexual arousal involving any physical contact with a person's genitals, pubic region, pubic hair, perineum, anus, or anal region. 'Newsrack' means any self-service or coin-operated box, container, storage unit, or other dispenser, including any attached support structure, that is installed, used, or maintained for the display, sale, or distribution of any publication. 'Owner' means any person or company whose name appears as an owner on a newsrack as required by Section 12.16.050 L of this chapter. 'Parkway' means that area between the sidewalks and the curb of any street, and where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. Parkways shall also include any area within a roadway which is not open to vehicular travel. 'Public right-of-way' means any place of any.nature which is dedicated to use by the public for pedestrian and vehicular travel, and includes, but is not limited to, a street, sidewalk, curb, gutter, public easement, crossing, intersection, parkway, highway, alley, lane, mall, court, way, avenue, boulevard, road, roadway, viaduct, bridge, thoroughfare, park, square, and any other similar public way. 'Roadway' means that portion of a street improved, designed, or ordinarily. used for vehicular travel. 'Sidewalk' means any surface provided for the use of pedestrians. 'Street' means all that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys, and sidewalks. 1105901 P374 12.16.030 Compliance with newsrack standards required. No person shall install, use, or maintain, or cause to be installed, used, or maintained, any newsrack that, in whole or in part, rests upon, in, or over any public right-of-way, except as provided in this chapter. 12.16.040 Prohibited installations. A. No person shall install, use, or maintain, or cause to be installed, used, or maintained, any newsrack which projects onto, into, or over any part of the roadway of any public street, or which rests, wholly or in part, upon, along, or over any portion of the roadway of any public street; or which projects or rests within any required setback area or where otherwise prohibited by the Development Code of the City of Rancho Cucamonga. For purposes of application of the Development Code to newsracks, a newsrack shall be deemed to be a structure. B. No person shall install, use, or maintain, or cause to be installed, used, or maintained, any newsrack which, in whole or in part, rests upon, in, or over any public sidewalk or parkway, when such installation, use, or maintenance: 1. Would likely endanger the safety of persons or property; or 2. Is on a site or location used for public utility purposes, public transportation purposes, or other governmental purpose; or 3. Would likely and unreasonably interfere with or impede the flow of pedestrian or vehicular traffic, including access to any legally parked or stopped vehicle; or 4. Would likely and unreasonably interfere with or impede ingress into or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near the location; or 5. Would interfere with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery. 12.16.050 Placement standards. Any newsrack which, in whole or in part, rests upon, in, or over any public sidewalk or parkway shall comply with the following standards: A. Each newsrack shall be installed in an upright and secure position. B. Each newsrack shall be of a type that is completely enclosed with aself-closing door that is either self-latching or otherwise requires manual or mechanical release at each use. C. No newsrack shall exceed forty inches in height, thirty inches in width, or twenty-four inches in thickness. D. Newsracks shall only be placed near a curb or adjacent to the wall of a building. Newsracks placed near the curb shall be placed no less than eighteen inches nor more than twenty-four inches from the edge of the curb and shall not open toward the roadway. 1106901 3 P375 Newsracks placed adjacent to the wall of a building shall be placed parallel to the wall and not less than six inches nor more than eighteen inches from the wall. No newsrack shall be placed or maintained on a sidewalk or parkway opposite a newsstand or another newsrack. E. No newsrack shall be chained, bolted, or otherwise attached to: 1. Any property without the express written permission of the owner of such property; provided however, that the director may require newsracks to be secured to the sidewalk by means of an approved device; or 2. Any fixture located in the public right-of-way, except to other newsracks, including but not limited to, any tree, streetlight post, traffic signal, or sign. F. Attachment to Other Newsracks. Newsracks, when placed side-by-side, may be chained or otherwise attached to one another, provided that no group of newsracks shall extend for a distance of more than ten feet along a curb, and a space of not less than six feet shall separate each group of newsracks. . G. Notwithstanding the provisions of Section 12.16.040, no newsrack shall be placed, installed, used or maintained: 1. Within ten feet of any marked mid-block crosswalk; or 2. Within thirty feet of any street or alley curb return; or 3. Within eight feet of any fire hydrant, fire call box, curb bordering any fire access lane, police call box, or other emergency facility; or 4. Within ten feet of any driveway; or 5. Within five feet ahead of or twenty-five feet to the rear of any sign marking a designated bus stop; or 6. Within six feet of any bus bench or bus shelter; or 7. At any location whereby the clear space for the passageway of pedestrians is reduced to less than four feet; or 8. Within three feet of any area improved with lawn, flowers, shrubs, or trees or within three feet of any display window of any building abutting the sidewalk or parkway or in such manner as to impede or interfere with the reasonable use of such window for display purposes. H. .Color. Newsracks shall be of unobtrusive neutral colors of grey, brown, or black in order to blend in with the streetscape. I. Materials. Newsracks shall be constructed of metal, except for the display window. t1o59o1 4 P376 J. No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale, or purchase of the newspaper or printed material sold therefrom. K. Each newsrack shall be constructed and located in compliance with this chapter and in such manner as to comply with all state and federal regulations concerning access by disabled persons. L. Each newsrack shall have affixed thereto, in a place where such information may be easily seen, the correct name, address, and telephone number of the current owner. By placing a newsrack within or upon any public sidewalk or parkway, the owner shall be deemed to have consented to receive any notices given pursuant to this chapter, by mail, at the address affixed to such newsrack. M. Upon transferring ownership of a newsrack, the new owner shall be responsible for continued compliance with the provisions of this chapter. 12.16.060 Maintenance standards. Each newsrack shall be maintained in a clean and neat condition and in good repair at all times in accordance with the following provisions: A. Each newsrack shall prominently display the correct name, address and telephone number of the current owner thereof. B. Each newsrack shall be maintained in a dondition that is free of accumulations of outdated printed materials, trash, rubbish or debris. C. Each newsrack. shall be regularly serviced, repaired and/or maintained so that: It is kept reasonably free of chipped, faded, peeling, and cracked paint in the visible, painted areas thereof; 2. It is kept reasonably free of rust and corrosion in the visible, unpainted metal areas thereof; 3. The clear glass or plastic parts thereof, if any, through which the printed material being dispensed, are not broken and are kept reasonably free of tears, peeling, fading, dirt, or grime; 4. The structural parts of the newsrack are not broken or unduly misshapen, and are otherwise safe for normal use. 5. The newsrack bears no visible evidence of 'graffiti', as that term is defined in Section 8.24.020 of this Code. 12.16.070 Display of certain matter prohibited. Publications offered either for sale or at no charge from newsracks placed or maintained on or projecting into or over a public right-of-way shall not be displayed or exhibited in a manner which exposes to public view from any public right-of-way any of the following: 1105901 5 P377 A. Any statements or words describing explicit sexual acts, sexual organs, or excrement where such statements or .words have as their purpose or effect sexual arousal, gratification, or affront; B. Any picture or illustration of genitals, pubic hair, perinea, anuses, or anal regions of any person where such picture or illustration has as its purpose or effect sexual arousal, gratifcation, or affront; C. Any picture or illustration depicting explicit sexual acts where such picture or illustration has as its purpose or effect sexual arousal, gratification, or affront. 12.16.080 Display of harmful matter. A. Definitions. For purposes of this section, the terms harmful matter, matter, person, knowingly, exhibit, and minor shall have the meanings specified in Section 313 of the California Penal Code, or any successor provisions thereto. For the purposes of this section, the term blinder rack shall mean opaque material placed in front of, or inside, the newsrack and which prevents exposure to public view. B. Prohibition. No person shall knowingly exhibit, display, or cause to be exhibited or displayed, harmful matter in any newsrack located, in whole or in part, in or on a public right-of-way or other public place from which minors are not excluded, unless blinder racks have been installed so that the lower two-thirds of the matter is not exposed to public view. 12.16.090 Violation--Notice to owner. Whenever any newsrack is found to be in violation of this chapter, the director may cause a tag to be attached to such newsrack specifying the date and nature of the violation. Within three calendar days thereafter, a written notice of such violation shall be sent by first-class mail by the director to the owner, provided the owner's name and address appear on the newsrack as required in Section 12.16.050 L, specifying the nature of the violation and that the newsrack -shall be impounded if corrections are not made. The owner shall, within ten calendar days from the date on which the notice of violation was mailed, either cause the violation to be corrected or request a hearing pursuant to Section 12.16.140. 12.16.100 Impounding of newsracks--When authorized. A. If an owner fails to timely correct the violation(s) specified in the written notice, and fails to request a hearing within the time provided herein, the director may impound such newsrack or newsracks. B. In the event a newsrack does not have the owner's name, address, and telephone number affixed thereto as required by this chapter, then such newsrack may be impounded if, within ten calendar days of the date the violation tag was affixed, the owner has not requested a hearing as provided in Section 12.16.140, in which case the newsrack shall be deemed to be abandoned. C. Where the installation, use, or maintenance of a newsrack creates an immediate threat to the public health, safety, or welfare, it may be impounded, provided written notice is thereafter provided to the owner by first-class mail pursuant to Section 12.16.110 of this chapter. 1105901 6 P378 D. When such newsrack has been abandoned, it may be impounded. For purposes of this section, a newsrack shall be deemed abandoned when it has remained empty for thirty consecutive days or longer or no new publication has been placed in the newsrack for forty-five days or longer. Upon abandonment, a newsrack may be impounded without prior notice, provided post-impoundment notice is given to the owner, if the owner can be identified, pursuant to Section 12.16.110. 12.16.110 Impounding of newsracks--Notice to owner. Whenever any newsrack is impounded, the director shall provide written notice by first-class mail to the owner at the address shown on the newsrack within three calendar days, of such impoundment and of the rights of the owner to recover such impounded newsrack(s). 12.16.120 Return of impounded newsracks-Conditions. A. Any newsrack, together with its contents, which has been impounded shall be returned to the owner: 1. If a hearing is not timely requested, upon receipt of an impound fee within thirty days of impoundment, the amount of which has been set by resolution of the city council; or 2. Upon a determination, after hearing by the director, that the newsrack should not have been impounded and should be returned to the owner; or 3. Upon a decision by the administrative hearing officer on appeal that the newsrack should not have been impounded. B. In the event a hearing has not been requested within the time permitted, an impound fee, the amount of which has been set by resolution of the city council, shall be imposed upon the owner. 12.16.130 Sale or disposal after impoundment. The director may- sell or otherwise dispose of any newsrack, together with its contents, and retain the proceeds, on behalf of the city, from any such or other disposition and any moneys contained in the newsrack at the time of its impoundment, provided that either: A. Thirty days have elapsed since impoundment occurred and (i) the owner is unknown; or (ii)required notice was given to the listed owner but no hearing has been requested within the time permitted, and the owner has failed to pay all impound fees assessed; or B. A hearing or an appeal, if filed, has resulted in a final determination that the newsrack was properly impounded and impound fees assessed have not been received within thirty days from the date of said final determination. 12.16.140 Impoundment--Hearing procedures. A. Any newsrack owner may file a written request with the director for a hearing within the time specified in Section 12.16.090, for the purpose of demonstrating that a newsrack 1105901 7 P379 should not be impounded, was improperly impounded, or that a violation as specified in the notice of violation has not in fact occurred. B. Notice of Hearing. Within five calendar days from the date on which the request for hearing is received, the director shall set a hearing date and shall notify the owner by first- class mail of the date, time, and place of such hearing. The hearing shall occur within ten calendar days of the date of mailing the notice. C. Conduct df Hearing. At the time set for the hearing or at the date to which the hearing is continued, the director shall receive all evidence relevant to the occurrence or non-occurrence of the specified violation(s), the compliance or non-compliance with any or the provisions of this chapter, and any other relevant information. The hearing need not be conducted according to technical rules relating to evidence and witnesses. D. Decision after Hearing. Within ten calendar days after the conclusion of the hearing, the director shall find and determine, from the facts adduced at the hearing, whether the newsrack is in violation of this chapter. The decision of the director shall be in writing and shall contain findings of fact, a determination of the issues presented and the amount of the impound fee, if any, to be imposed. Thereafter, the director may order the owner to remove such newsrack, if determined to be in violation of this chapter, within ten calendar days of the mailing date of the decision. If a notice of appeal is not timely filed during said ten-day period, the director may thereafter order the newsrack to'be impounded without further notice to the owner. E. Notice of Decision. The director shall send to the owner, by first-class mail, a copy of the decision and order. 12.16.150 Appeals. A. Any newsrack owner may, within ten calendar days of the mailing date of the copy of the director's decision and order, appeal such decision to an administrative hearing officer appointed by the city manager in accordance with the provisions of Section 1.12.150 of this.Code, by filing a written notice of appeal with the director. If no hearing was timely requested and a newsrack was impounded, then the owner may appeal such impoundment provided a written notice of appeal is received by the director within ten calendar days of such impoundment. B. An appeal shall set forth in writing specifically wherein the appellant believes there was error or abuse of discretion on the part of the director. The director shall, within ten calendar days, transmit the appeal, together with a copy of his or her file, decision and order, to the appointed administrative hearing officer who shall set the matter for hearing. The hearing shall be conducted in accordance with the procedures set forth in Sections 1.12.160 and 1.12.170 of this Code. C. The administrative hearing officer shall, upon receipt of the material specified in the preceding paragraph from the director, and after a hearing: 1. Affirm the decision and order of the director; or 2. Reverse or modify the decision and order, and refer the matter back to the director; or 1105901 g P380 3. Where no hearing before the director was timely requested, sustain the impoundment or impose fees or order the newsrack returned with or without fees being imposed. 12.16.160 Restoration following newsrack removal. In the event an owner removes any newsrack, or has a newsrack removed by the director following hearing and/or appeal, if any, it shall be such owner's responsibility to restore the site of the newsrack to an undamaged condition. Undamaged condition shall mean a condition which is smooth, free of holes, fasteners, and physical devices of any nature, such that another newsrack may be located on that specific site without further restoration. In the event such newsrack owner fails to restore the site as required herein, the City of Rancho Cucamonga shall be authorized, at its discretion, to restore the site following the expiration of five calendar days prior written notice to the owner stating his or her obligation to perform restoration. The cost of such restoration pertormed by the city shall be recoverable from the owner as a debt in a contract action." Section 2. The adoption of this Ordinance shall not affect or excuse any violation of Chapter 12.16 of Title 12 of the Rancho Cucamonga Municipal Code, occurring prior to the effective date of this Ordinance. ' Section 3. The City Clerk shall certify to the adoption of this Ordinance. APPROVED AND ADOPTED this day of , 200 . 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 , 200_, 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: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: City Clerk of the City of Rancho Cucamonga 1105901