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HomeMy WebLinkAbout2009/07/15 - Agenda Packet~,~\ i . 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 15~ and 3~d Wednesdays ~ 7:00 P.M. JULY 15, 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. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND C[TY COUNCIL AGENDA 5 JULY 15, 2009 L4. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of 60 Valle Vista Drive Sidewalks, Adjacent to Valle Vista Elementary School, to be funded from Safe Routes to School Grant and Beautification Funds. RESOLUTION NO. 09-142 ~ 62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE VALLE VISTA DRIVE SIDEWALKS, ADJACENT TO VALLE VISTA ELEMENTARY SCHOOL IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L5. Approval of progress report on Development Impact Fee Deferral Program between the 67 City of Rancho Cucamonga and participating developers. L6. Approval to amend Fiscal Year 2009/2010 appropriations for Landscape Maintenance District 68 Nos. 1, 2, 3A, 36, 4, 5, 6, 7, 8, 9 and 10. L7. Approval of Community Services Update Report. 70 L8. Approval for the purchase of one (1) 17,000 GVWR crew cab dump/stake bed truck from 81 Sunrise Ford of Fontana, California, as per request for bid ("RFB") #09/10-002 in the amount of $43,780.03 from Acct. No. 1712001-5604 (Vehicle and Equipment Replacement Fund). L9. Approval to renew Contract No. 06-180 on a month-to-month basis with A8M Janitorial 82 Services for the cleaning of Citywide facilities in the amount of $723,845 ($653,845 annual contract plus $20,000 extra work allowance and $50,000 in supplies) for Fiscal Year 2009/2010 with no increase from Fiscal Year 2008/2009 rates, to be funded from Acct. Nos. 1001312-5304 (Contract Services, Facilities) and 1700201-5304 (Contract Services, Facilities). L10. Approval of the Third Amendment to Agreement and Exclusive Permit (CO 85-082) with 83 Burrtec Waste Industries, Inc., for the collection, disposal, and processing of refuse, recyclables, and green waste within residential service areas one, two, three, and four in the City of Rancho Cucamonga and First Amendment to Agreement and Non-Exclusive Permit (CO 86-067, CO 86-068, and CO 86-069) for the collection, disposal, and processing of commercial and industrial refuse, recyclables, and green waste within the City of Rancho Cucamonga. L11. Approval to award a contract renewal (CO 07-124) to Ellis Enterprises of Los Alamitos for 106 window cleaning services for various City facilities for Fiscal Year 2009/2010, with the option to renew for an additional one (1) year period upon mutual consent by the City Manager and Contractor, in an annual amount of $81,720 plus $10,000 extra work, with no cost increase for Fiscal Year 2009/2010, to be funded from Acct. No. 1001312-5304. L12. Approval to award a contract renewal (CO 08-162) to United Pacific Service, inc. (UPS) of 107 La Habra for Citywide tree maintenance services for Fiscal Year 2009!2010, upon mutual consent by the City Manager and Contractor, in an annual amount of $582,850 plus $10,000 extra work, with no cost increase for Fiscal Year 2009/2010, to be funded from various City accounts as approved in the Fiscal Year 2009/2010 Budget. ME T A EN Y R EDEVELOP N , G C FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA 8 jZANCxo JULY 15, 2009 CUCAMONGA RESOLUTION NO. 09-146 271 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICANT'S APPEAL OF 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 19T" STREET; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1076-011-10 N2. DEVELOPMENT CODE TEXT AMENDMENT DRC2009-00452 -CITY OF RANCHO 276 CUCAMONGA - A proposed amendment to the Development Code, amending Section 17.14.040 to clarify that the Victoria Gardens Master Plan shall control the development process in the VGMP area for the Victoria Gardens Regional Mixed Use Lifestyle Center, located in the eastern portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the south, Church Street to the north, Day Creek Boulevard to the west and Interstate I-15 to the east. Related Files: Environmental Impact Report DRC2008-00381, General Plan Amendment DRC2008-00384, Victoria Community Plan Amendment DRC2008-00383, Victoria Arbors Master Plan Amendment DRC2009-00146, Victoria Gardens Master Plan Amendment DRC2009-00145 and Development Agreement Amendment DRC2008-00385. This item will be forwarded to the City Council for final action. 290 ORDINANCE NO. 817 (first reading} AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2009-00452 A REQUEST TO AMEND SECTION 17.14.040.F. TO CLARIFY THAT THE VICTORIA GARDENS MASTER PLAN SHALL CONTROL THE DEVELOPMENT PROCESS IN THE VGMP AREA FOR THE VICTORIA GARDENS REGIONAL MIXED USE LIFESTYLE CENTER, AND MAKING FINDINGS IN SUPPORT THEREOF O. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. 01. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) 02. DESIGNATION OF A VOTING REPRESENTATIVE AND ALTERNATES FOR THE 294 LEAGUE OF CALIFORNIA CITIES ANNUAL MEETING June 22, 2009 RANCHO CUCAMONGA CITY COUNCIL, FIRE PROTECTION DISTRICT AND REDEVELOPMENT AGENCY ADJOURNED MEETING MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council, Fire Protection District and Redevelopment Agency held an adjourned regular meeting on Monday, June 22, 2009, in the Lions Center East -Regina Room located at 9191 Base Line Road, Rancho Cucamonga, California. Vice ChairmanNice PresidenUMayor Pro Tem L. Dennis Michael called the meeting to order at 3:20 p.m. 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 were present. Also present were: Jack Lam, Executive Director; Pamela Easter, Assistant City Manager; John Gillison, Deputy City Manager/Administrative Services and Linda Daniels, Redevelopment Agency Director. ..... B. COMIyIUNICATIONS FROM THE PUBLIC No one was present to comment on the meeting. C. ITEM OF DISCUSSION DISCUSSION AND CONSIDERATION OF CONSENSUS BUILDING - Dr. Bill Mathis, Facilitator Dr. Mathis facilitated discussion with the Agencymembers/Boardmembers/Councilmembers. D. ADJOURNMENT Meeting adjourned at 6:40 p.m. Respectfully submitted, Debra L. McKay, MMC Assistant City Clerk/Records Manager Approved: June 23, 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 DistricURedevelopmentAgency was held on Tuesday, June 23, 2009, in the Cultural Center Celebration Hall North located at 12505 Cultural Center Drive, Rancho Cucamonga, California 91739. Mayor/Chairman/President Donald J. Kurth, M.D. called the meeting to order at 5:30 p.m. Present were Councilmembers/Boardmembers/Agencymembers: Rex Gutierrez, Sam Spagnolo, Mayor Pro Tem/Vice PresidenWice Chairman L. Dennis Michael; and Mayor/PresidenUChairman Donald J. Kurth. Councilmember/Boardmember/Agencymember Diane Williams arrived at 5:42 p.m. Also present were: Jack Lam, City Manager/Executive Director; Pamela Easter, Assistant City Manager; John Gillison, Deputy City Manager/Administrative Services; Mark Steuer, Director Engineering Services/City Engineer, Jon Gillespie, Traffic Engineer and Debra L. McKay, Assistant City Clerk/Records Manager. B. PUBLIC COMMUNICATIONS ' B1. Ed Dietl indicated that he would support a gate if there were no other viable solutions. He expressed concerns with emergency access if a gate was installed. B2. John Lyons referred to today's newspaper article which indicated that a gate would cost $450,000. If a gate is placed, he suggested that an assessment district be formed to pay for it as well as for the maintenance of the streets inside the gated community. B3. David Sweede stated that a gate would be problematic unless there was a special assessment. The Red Hill area is unique and traffic is a result of progress. He inquired if it was illegal for golf carts to drive on the street. B4. Jim Moffatt pointed out that the recent survey showed that a majority of the residents did not want a gate. He indicated that the placement of stop signs and speed humps was more than fair and noted that the traffic count showed a lot less traffic that previously found. 65. Bill Hanlon stated that a survey was taken and a majority indicated that they opposed a gate. Consequently, the gate should not be placed. B5. Georgia Kuettle opposed the closure of the street and expressed concerns with the impact that a gate would have on emergency vehicles. If residents want a gate, it should be placed on their street. B7. Kathleen Schmidt indicated that she opposed the gate due to concerns with emergency access. Also, as Valle Vista Elementary School is located in the community, she noted that some of this traffic is due to people taking their children to and from this school. She preferred stop signs and speed bumps and suggested additional traffic enforcement in the area. Redevelopment Agency, Fire Protection District, City Council Minutes June 23, 2009 -Page 1 of 5 B8. Judy Holdridge stated that she opposed the gate and expressed a concern with the expense 69. Daryl Smathers noted that short cuts exist and expressed concerns with the safety of Alta Cuesta. He noted that Ontario airport is planning to move the entrance/exit to Grove Avenue and referenced the impact that this move will have to the area. Mr. Smathers noted that stop signs, speed bumps and increased traffic enforcement doesn't work and supported the placement of a gate. 810. Roger Rapp opposed the placement of a gate and expressed concerns with access to the medical facility. 611. Burt Court indicated that he has driven all of the streets and did not see a traffic problem. He was opposed to the placement of a gate. 612. Gail Marlow-Dickey noted that the committee that was formed to address the traffic concerns in this area did not come to a solution lightly. A petition proposing the closure of Red Hill Country Club Drive was circulated in 2008 and did receive overwhelming support. She expressed concerns with speeding, disregard for stop signs, tailgating and street racing and noted that a very dangerous situation has been created in this area. Mrs. Marlow-Dickey supported the placement of a gate to address these concerns. B13. Marlin Dickey stated that the committee was formed in August 2007 after the second public workshop. He noted that the streets are narrow, cut-through traffic is a major problem and that safety is the issue. 90% of the tickets generated are to people who do not live on Red Hill. A gate is the easiest solution to the cut-through traffic. Mr. Dickey noted that the staff report identifies the eight available options in the order preferred by the committee. B14. Luis Mata distributed traffic control information to the City Council. For instance, he noted that oversized reflectors could be placed on the street to force drivers to stay on their side of the road. White reflectors could be placed on the blind turns to keep drivers from driving too fast. Mr. Mata spoke in opposition to the placement of a gate. 615. Jeff Masters supported the gate if it stops the cut-through traffic. If a gate is not possible, he supported other options such as speed bumps. He stressed that something needed to be done to address the traffic problem. 616. Michael Ramos noted that the speeding and traffic was terrible when this matter was first raised. Stop signs are not working. While Mr. Ramos initially supported a gate, he has reconsidered and requested that other solutions (speed humps, increased enforcement) be considered. 617. Charles Lay opposed the placement of a gate due to concerns with emergency response time, cost and convenience. He spoke in support of speed bumps and stop signs. 618. Bruce Zwissler suggested that additional stop signs and speed humps be considered. 619. Andree Mahoney was opposed to installing a gate. 820. Jason Alarmo suggested that left turns be restricted from Foothill Boulevard and Base Line Road. He pointed out that the solution will not satisfy everyone but noted that something needs to be done. Mr. Alarmd also supported the placement of signs and increased law enforcement. 621. Bob Jones noted that there is not an easy solution, as traffic solutions on one street would negatively impact others. He suggested aone-way street for a time to see if this would resolve the problem. Mr. Jones noted that there are a lot of vehicles and impaired drivers at the country club. B22. Jack Lieberman stated that it would be ridiculous to place gates on Alta Cuesta, Carnelian and Foothill Boulevard. He urged the City Council to consider the needs of the entire City. Redevelopment Agency, Fire Protection District, City Council Minutes June 23, 2009 -Page 2 of 5 B23. Gail Sanchez spoke in opposition to installing a gate. She suggested that left hand turns from Foothill Boulevard and Base Line Road be regulated during rush hour to control the traffic. Perhaps a left hand turn arrow could be installed. 624. Alex Cooke expressed concerns with speed, noise and safety. He noted that the goal with any traffic management plan is to divert traffic from residential streets to collectors. While Mr. Cooke is supportive of the gate, he recognizes that most people have not spoken in support of one. Therefore, he supported other traffic control measures to address this problem. 625. Edmund Walske stated his opposition to the placement of a gate. 626. Arthur Baldwin supported the placement of a gate. If this option is not possible, he suggested that cameras be placed to ensure compliance with stop signs. C. ITEM OF DISCUSSION UPDATE AND DISCUSSION ON TRAFFIC IN THE RED HILL NEIGHBORHOOD Jon Gillespie, Traffic Engineer, presented the staff report. Information presented to the City Council and the audience included a timeline of Red Hill meetirigs and workshops and an analysis of the Red Hill area (showing Alta Cuesta as the only North-South route between Campus and Carnelian). Mr. Gillespie indicated that a petition was submitted on June 12, 2008 which contained 455 signatures supporting the closure of Red Hill Country Club Drive. He indicated that the City Council authorized a second Red Hill Traffic Study on July 16, 2008. Discussed with the City Council and the audience were the Origin and Destination Study, a Level of Service Analysis, the Travel Time and Delay Study, a review of accident history and a traffic volume study. It was noted that on April 1, 2009 the City Council authorized a second Red Hill Traffic Survey. This resulted in 401 surveys being returned with 59.4% being opposed to closure of Red Hill Country Club Drive and 40.6% in support. Mr. Gillespie discussed the options available to the City as well as the pros and cons of each option. The pros and cons of closing Red Hill Country Club Drive were discussed. This is not preferred by residents and would cost approximately $100,000 for one gate and $300,000 for three gates. An Environmental Impact Report would be needed at a cost of $100,000. He addressed the placement of a raised median on Foothill Boulevard, which would eliminate the majority of northbound cut-through traffic and save the City about $350,000. However, the median would create an inconvenience to residents and there would be no left turn access for the Magic Lamp and the Red Hill Gas station. Mr. Gillespie discussed an option to install medians on Foothill Boulevard and Base Line Road to prevent left- turns. Araised median on Base Line Road would impact Valley Vista Elementary School traffic and is not recommended by staff. Also discussed were the pros and cons of speed humps (which are supported by 63% of residents) and their possible locations. A maze of cul-de-sacs could be created but this would divert traffic to other streets and may impact emergency response times. Mr. Gillespie also discussed the increased enforcement of traffic regulations (64% of residents support) but noted that the Police Department has a finite amount of resources. Lastly, he noted that there is an option to do nothing which is supported by 21 % of the residents surveyed. In conclusion, Mr. Gillespie recommended the installation of all-way stop signs at the following intersections: Red Hill Country Club Drive at Valle Vista, Red Hill Country Club Drive at Chula Vista, Camino Predera at Calle Corazo and Buena Vista at Calle Casino. In response to Mayor Pro Tem Michael, Mr. Gillespie believed that a license was needed to drive a golf carton the street. Mayor Pro Tem Michael stressed that fire trucks and ambulances do travel to the area from the south. While he supports the placement of a gate, Mayor Pro Tem Michael noted that there is too much division in the community to place one. He requested that the audience indicate by raising their hands if they would support the placement of a speed hump in front of their home. About 10-15 hands were raised. Redevelopment Agency, Fire Protection District, City Council Minutes June 23, 2009 -Page 3 of 5 Councilmember Williams noted that the meeting was scheduled in this room rather than Valley Vista Elementary School as school is out of session and a large fee would have been incurred. In response to the comments about raising funds with ticket revenue, Councilmember Williams indicated that the State takes a large portion of the revenue raised. Councilmember Gutierrez indicated that the matter needs to be resolved. He noted that the problem was not as extreme as initially thought but concurred that Alta Cuesta had a traffic problem. Councilmember Gutierrez did not see the needed consensus in the neighborhood to install a gate. He would like to explore other options. Councilmember Spagnolo stated that he has seen gates installed in the past and indicated that they were ultimately removed or not used due to emergency access concerns. Councilmember Williams concurred with the need to ensure emergency access. Mayor Kurth agreed that a solution must be found. He did not support the placement of a gate due to concerns with emergency access and the lack of a clear consensus. MOTION: Moved by Michael, seconded by Gutierrez to not install a gate. Motion carried 5-0. In response to Councilmember Spagnolo, Mr. Gillespie outlined the staff recommendation to install four all- waystop signs. In response to Councilmember Williams, he expected that the stop signs will help the situation but will not solve the problem. Councilmember Gutierrez indicated his support of stop signs and the continued aggressive traffic enforcement on Alta Cuesta. He noted that the residents on Alta Cuesta should decide if they would like to experiment with speed humps. Forthe record, Councilmember Gutierrez indicated that hewould supportsuch measures if the people most affected by them agreed with them. Councilmember Spagnolo reported that he had investigated the use of cameras to monitor the traffic at stop signs. Another city has tried this and this practice has been found to be unconstitutional. Mayor Pro Tem Michael concurred with the placement of the all-way stop signs. He suggested that residents on each street be contacted to determine if they supported speed bumps in front of their home. Also, residents should be contacted to determine if they support the option to install a median on Foothill Boulevard. In response to Councilmember Gutierrez, Mayor Pro Tem Michael noted that such a median would not be a barrier to emergency vehicles. In response to Councilmember Williams, Mark Steuer, Director of Engineering Services/City Engineer, indicated that the project at Foothill likely would be started in 2010. Discussion was held. MOTION: Moved by Spagnolo, seconded by Williams to move forward with the initial study's recommendation and install the all-way stop signs at the four locations recommended by staff. Motion carried 5-0. In response to Councilmember Gutierrez, Jack Lam, City Manager, indicated that direction on traffic enforcement does not need to tie included in the recommendation. He noted that the Police Department patrols these streets just like the other streets in the City. It was noted that there would be a grace period in enforcement to allow drivers to become accustomed to the stop signs. Councilmember Gutierrez requested that a staff report be prepared on the viability of speed humps and speed bumps. MOTION:. Moved by Michael, seconded by Gutierrez to direct staff to prepare a report on the viable traffic calming measures for that area. Motion carried 5-0. In response to the City Council, Jack Lam, City Manager, indicated that a report could be brought back at a regular City Council meeting in about 45 days. Councilmember Gutierrez thanked the Dickey family for their hard work in bringing this concern and possible solutions to the City Council. Redevelopment Agency, Fire Protection District, City Council Minutes June 23; 2009 -Page 4 of 5 Councilmember Spagnolo recognized that this was a difficult process and encduraged the community members to work together for a common solution. Mayor Pro Tem Michael appreciated the opportunity to participate in this open and inclusionary process Councilmember Williams hoped that the community would become stronger as a result of this matter. She expected that the planned work on Foothill Boulevard will help alleviate the traffic concerns even further. Councilmember Williams encouraged members of audience to contact staff if they were willing to place a speed bump in front of their home. Mayor Kurth noted the need to work on these problematic issues until the best solution is found for all involved. He thanked everyone for attending the meeting and helping to solve the problem. D. ADJOURNMENT The meeting adjourned 8:00 p.m. Respectfully submitted, Debra L. McKay, MMC Assistant City Clerk/Records Manager Approved: Redevelopment Agency, Fire Protection District, City Council Minutes June 23, 2009 -Page 5 of 5 July 1, 2009 RANCHO CUCAMONGA REDEVELOPMENT AGENCY, FIRE DISTRICT AND CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga Redevelopment Agency, on Wednesday, July 1, 2009, in the Tapia Room Drive, Rancho Cucamonga, California. The Chairman/PresidenUMayor Donald J. Kurth. Fire District and City Council held a closed session of the Civic Center located at 10500 Civic Center meeting was called to order at 5:02 p.m. by Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams, Vice Chairman/Vice PresidenUMayor Pro Tem L. Dennis Michael and Chairman/PresidenUMayor Donald J. Kurth. Also present were: Jack Lam, City Manager; James Markman, City Attorney; John Gillison, Deputy City Manager/Administrative Services and Linda D. Daniels, Redevelopment Agency Director. B. ANNOUNCEMENT OF CLOSED SESSION ITEM S Chairman/PresidenUMayor Donald J. Kurth announced the closed session items: B1. 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 B2. CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A) - CAMPBELL V. CITY OF RANCHO CUCAMONGA, CASE NO. CIVRS905562 -City C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No one was present to comment on the closed session item. D. CONDUCT OF CLOSED SESSION Closed session began at 5:02 p.m. E. CITY MANAGER ANNOUNCEMENTS No announcements were made. Redevelopment Agency, Fire Protection District, City Council Minutes July 1, 2009 -Page 1 of 9 F. RECESS The closed session adjourned at 5:30 p.m. with no action taken. G. REGULAR MEETING CALL TOORDER -.7:00 P.M. COUNCIL CHAMBERS The meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District, and City Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman/President/Mayor Donald J. Kurth called the meeting to order at 7:00 p.m. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams, Vice ChairmanNice PresidenUMayor Pro Tem L. Dennis Michael and Chairman/President/Mayor Donald J. Kurth. Also present were: Jack Lam, City Manager; James Markman, City Attorney; John Gillison, Deputy City Manager/Administrative Services; James Troyer, Planning Director; Robert Karatsu, Library Director; Trang Huynh, Building and Safety Official; Mark Steuer, Director of Engineering Services; Bill Wittkopf, Public Works Services Director; Peter Bryan, Fire Chief; Chief Joe Cusimano, Rancho Cucamonga Police Department; Kevin McArdle, Community Services Director; Joe Pulcinella, Animal Services Director; Michael TenEyck, Utility Operations Manager; Debra McKay, Records Manager/Assistant City Clerk and Kathy Scott, Assistant City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS H1. Recognition of Victoria Johnson, Animal Care Attendant, Animal Care Services, for her fundraising efforts in conjunction with her successful completion of the LA Marathon. Mayor Kurth congratulated Victoria Johnson for the successful completion of the LA Marathon and thanked her for her fundraising efforts. L PUBLIC COMMUNICATIONS /t. Fire Chief Peter Bryan stressed the need to be vigilant around BBQs and pools. He reminded everyone that fireworks are illegal in the City and invited the public to the 4`h of July Spectacular at the Epicenter. ' 12. Shana Samiullah indicated that the Islamic Center of the Inland Empire will be hosting a blood drive and free health screening on July 12, 2009 from 10 a.m. to 4 p.m. 13. Ed Hills spoke about the withdrawal of US forces from Iraq and urged the Council and the audience to display the American flag with pride and to celebrate the 4`n of July. He requested that the meeting be adjourned in applause for people serving in the military. Mr. Ni(Is noted that there previously was a place on agendas for the Council's response to public comments and asked why this feature was no longer listed. Redevelopment Agency, Fire Protection District, City Council Minutes July 1, 2009 -Page 2 of 9 14. Laura Sanches invited the Council and the audience to a 4`h of July Independence Rally, hosted by RC Patriots. The rally will be held at the intersection of Haven and Foothill from 12 noon to 2 p.m. More information can be found at www.RCpatriots.org. 15. Jerie Lee referenced a recent newspaper article regarding the Council's team building session. She was discouraged with the discord and asked each Council member to disclose the source and the amount of money received from campaign contributions. Ms. Lee noted the need to consider a person innocent until they are proven guilty. 16. Lindy Logan noted the need to repave Church Street and expressed concerns with the amount of traffic and noise on the street. As there are no sfop signs or speed bumps from Hellman to Archibald, she requested that speed bumps be installed and a speed limit sign placed in front of the school. Ms. Logan indicated her opposition to the School Board's extension of the school's fencing to within.9 feet of the highway. l7. John Lyons reminded the audience to be careful of rattlesnakes and encouraged bicycle riders to put lights on their bikes. He suggested suspending the banner restrictions in order to help restaurants weather the rough economy. Even though times are rough, Mr. Lyons noted that positive things are still happening in the community. l8. Alan Logan expressed concerns with the condition of Church Street. He inquired abouf the school's expansion plans. ' J. CONSENT CALENDAR-REDEVELOPMENT AGENCY The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Agency at one time without discussion. Any item may be removed by an Agencymember for discussion. J1. Approval of Minutes: June 15, 2009 (Special Meeting -Budget Adoption -Kurth & Williams absent) June 17, 2009 (Regular Meeting) J2. Approval of Check Register dated June 10 through June 23, 2009, for the total amount of $3,876,353.05. J3. Approval to release Faithful Performance Bond No. 0458052, retained in lieu of a Maintenance Guarantee Bond, in the amount of $96,385.00 for Roof Repairs and Maintenance to Fire Station #4 (Jersey), Fire Station #5 (Banyan) and Fire Shops project, Contract No. RA 07-017. MOTION: Moved by Gutierrez, seconded by Michael, to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried 5-0. K. CONSENT CALENDAR- FIRE PROTECTION DISTRICT The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board at one time without discussion. Any item may be removed by a Boardmember for discussion. Redevelopment Agency, Fire Protection District, City Council Minutes July 1, 2009 -Page 3 of 9 K1. Approval of Minutes: June 15, 2009 (Special Meeting -Budget Adoption -Kurth & Williams absent) June 17, 2009 (Regular Meeting) K2. Approval of Check Register dated June 10 through June 23, 2009, for the total amount of $106,416.32. K3. Approval of a resolution adopting a Memorandum of Understanding between the Rancho Cucamonga Fire Protection District and the Rancho Cucamonga Firefighters Local 2274 for Fiscal Year 2009-10. RESOLUTION NO. FD 09-034 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND THE RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEAR 2009-10 MOTION: Moved by Spagnolo, seconded by Michael, to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried 5-0. L. CONSENT CALENDAR-CITY COUNCIL The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember for discussion. L1. Approval of Minutes: June 15, 2009 (Special Meeting -Budget Adoption -Kurth & Williams absent) June 17, 2009 (Regular Meeting) L2. Approval of Check Register dated June 10 through June 23, 2009, and payroll ending June 23, 2009, for the total amount of $4,946,297.74. L3. Approval for the purchase of one (1) Ford F550 graffiti truck from Roadline Products, Inc., USA, in Downey, California, utilizing apiggy-back opportunity through a competitively bid contract from the City of Garden Grave, Contract #S-1018, in the amount of $80,257.42, to be funded from Acct. No.1712001-5604 (Capital Outlay -Vehicles). L4. Approval for the purchase of three (3) standard Saturn Hybrid VUES from Saturn of Riverside in Riverside, California, in the amount of $93,115.36 to be funded from Acct. No. 1712-001- 5604 (Vehicle and Equipment Replacement Fund). Redevelopment Agency, Fire Protection District, City Council Minutes July 1, 2009 -Page 4 of 9 L5. Approval to award an extension of an annual multi-function copier service and supplies contract with Konica Minolta Business Solutions, Inc. for Fiscal Year 2009/2010 in the total amount of $76,000.00, to be funded as follows: $55,000 from Acct. No. 1712001-5300 (EquipmenWehicle Replacement Fund -Contract Services); $7,000 from Acct. No. 1001701- 5300 (Police Department -Contract Services); $1,000 from Acct. No. 3281501-5300 (Fire Protection District -Contract Services); $500 from Acct. No. 2620801-533 (Redevelopment Agency -Contract Services); and $12,500 from the following Library-Contract Services Accounts: $5,675 (No. 1290601-5300); $1,200 (No. 290606-5300); $5,425 (No. 129607- 5300); $200 (No. 1298601-5300). L6. Approval of Improvement Agreement, Improvement Securities and ordering the annexation to Landscape Maintenance District No. 36 and Street Light Maintenance District Nos. 1 and 6 for DRC2008-00587, located at the northeast corner of Foothill Boulevard and Vineyard Avenue, submitted by CRE 7, LLC. RESOLUTION NO. 09-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DRC2008-00587 RESOLUTION NO. 09-139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 36 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DRC2008-00587 L7. Approval of annual review and amendment to Medical Savings Agreement 06.247. L8. Approval to accept the bids received, award and authorize the execution of the contract in the amount of $281,154.75 to the apparent low bidder, American Asphalt South, Inc. (CO 09-252), and approval to authorize the expenditure of a 10% contingency in the amount of $28,115.48 for the "FY 2009/2010 Local Street Pavement Rehabilitation (Slurry Seal) and Parking Lot Resurfacing (Seal Coat) at Various Locations" project, to be funded from Proposition 42 Traffic Relief Funds, Acct. No. 1190303-5650/1022190-0. L9. Approval of an Assignment and. Assumption of Lease and Consent to Lease Agreement between Valley Baseball Club, Inc., Rancho Baseball, LLC, Henry E. Stickney, Robert A. Brett and the City of Rancho Cucamonga (CO 09-253) relating to the Transfer of the Lease Agreement for the Quakes Baseball Team. Removed from the Agenda. L10. Approval to release the Improvement Agreement and Faithful Performance bond and Labor and Material Bond for improvements for DRC2005-00852, located at 6795 Etiwanda Avenue, submitted by Thomas G. Montes. L11. Approval to release the Faithful Performance Bond No. 0443896, retained in lieu of a Maintenance Guarantee Bond, in the amount of $184,171.00 for the "Church Street Parkway Landscape Improvements from Teak Way to Haven Avenue" project," Contract No. 07-063. MOTION: Item L9 was removed from the agenda. Moved by Williams, seconded by Michael, to approve the staff recommendations in the remaining staff reports contained within the Consent Calendar. Motion carried 5-0. Redevelopment Agency, Fire Protection District, City Council Minutes July 1, 2009 -Page 5 of 9 M. 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. M1. CONSIDERATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT SUBSTANTIAL AMENDMENT AND FUNDING ALLOCATIONS TO THE 2009-2010 ANNUAL ACTION PLAN - DRC2009-00227R -CITY OF RANCHO CUCAMONGA - A review of the federally required substantial amendment to the currently approved Annual Action Plan, which includes the selection of CDBG projects, based on a grant allocation of $1,020,958. Tom Grahn, Associate Planner, presented the staff report. In response to Councilmember Williams, Mr. Grahn confirmed that the Home Maintenance Program was funded last year and stated that it is a very successful program. Mayor Pro Tem Michael concurred with the substantial amendment as proposed. In response to Councilmember Gutierrez, Mr. Grahn addressed the parameters of the Home Maintenance Program and the Home Improvement Program. Mayor Kurth opened the public hearing. With no one wishing to speak, Mayor Kurth closed the public hearing. MOTION: Moved by Williams, seconded by Michael, to approve the Community Block Grant Substantial Amendment and funding allocations to the 2009-2010 Annual Action Plan. Motion carried 5- 0. M2. CONSIDERATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD STABILIZATION PROGRAM (NSP2) FUNDING APPLICATION FOR FISCAL YEAR 2009-2010 - DRC2009-00501 -CITY OF RANCHO CUCAMONGA - A review of the federally required NSP2 Application, including the selection of proposed NSP2 funded projects, based on an application for $10,000,000 funded through the American Recovery and Reinvestment Act of 2009. Tom Grahn, Associate Planner, presented the staff report. The funding would be allocated to three different programs: A revolving loan program, a down payment assistance program and a program similar to the City's First Time Homebuyer's program. In response to Councilmember Gutierrez, Mr. Grahn indicated that the figure of $10,000,000 was arrived at by looking at the number of distressed homes and determining a workable amount. Mr. Grahn expected that this situation would continue for a while but did not know if additional funding would be made available in the future. In response to Mayor Pro Tem Michael, Mr. Grahn hoped that the City would be successful in obtaining the grant funds. Mayor Kurth opened the public hearing. John Lyons spoke in support of the First Time Homebuyer's program Redevelopment Agency, Fire Protection District, City Council Minutes July 1, 2009 -Page 6 of 9 Ed Hills noted that this money was allocated to save jobs and keep unemployment below 8%. He did not oppose the grants but stressed the need to ensure that the money was spent in the best way possible. Regarding the Landscape Maintenance Districts, Mr. Hills hoped that the City would do whatever it could to ensure that the maintenance of the Districts did not deteriorate to.such a point that it couldn't be corrected. Linda Logan asked for more information regarding HUD funding and the people who would qualify for such low-to-moderate income programs. Mayor Kurth closed the public hearing. MOTION: Moved by Michael, seconded by Spagnolo, to approve the Community Block Grant Neighborhood Stabilization Program funding application for Fiscal Year 2009-2010. Motion carried 5-0. M3. 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 Ten Eyck, Utility Operations Manager, presented the staff report. Mayor Kurth opened the public hearing. With no one wishing to speak, Mayor Kurth closed the public hearing. MOTION: Moved by Michael, seconded by Williams, to adopt Resolution No. 09-140 amending the electric rates, fees and charges. Motion carried 5-0. N. CITY MANAGER'S STAFF REPORTS The following items have no legal publication or posting requirements. N1'. UPDATE BY LIBRARY DIRECTOR. ROBERT KARATSU (oral report) Robert Karatsu, Library Director, and Michelle Perera, Assistant Library, Director, updated the City Council on the increased use of the City's Libraries. Mr. Karatsu noted that US Bank will shortly be issuing a check in the amount of approximately $153,000 from the Lola A. Livesey trust to support the children's section of the Library. Also discussed were the 2009 summer reading program and the planning process for developing the second floor of the Paul A. Biane Library. O. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. 01. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Redevelopment Agency, Fire Protection District, City Council Minutes July 1, 2009 -Page 7 of 9 RESOLUTION NO. 09-140 Councilmember Spagnolo indicated that he had attended the Firefighter's 12th Annual Benefit Car Show on Sunday. He invited everyone to the 4'" of July celebration at the Epicenter. Councilmember Gutierrez wished everyone a happy holiday and spoke in appreciation of the privilege of being an American. Mayor Pro Tem Michael reminded the City Council and the audience of the sacrifices of the military. He cautioned everyone about the use of alcohol and fireworks. Mayor Pro Tem Michael noted that the team building session was held to provide constructive criticism for the betterment of the City. Councilmember Williams noted that most Councilmembers do not have the courage to speak candidly in such a public forum. She encouraged the public to obtain a calendar of events from the Library and congratulated Renee Futter, the new Chamber President. Mayor Kurth appreciated the opportunity to attend the Car Show. Last weekend, the Mayor spoke at the Gospel Vision Christian Center Youth Summit and welcomed the youth attending the Pop Warner 2009 Football Camp. Mayor Kurth wished everyone a wonderful 4'" of July. 02. CONSIDERATION OF THE CITY COUNCIL COMMUNITY SERVICES SUBCOMMITTEE'S RECOMMENDATION FOR APPOINTMENTS TO THE COMMUNITY FOUNDATION Councilmember Williams indicated that the Community Services Subcommittee met on June 17, 2009 and is recommending the appointment of Charles Buquet, Harvey Cohen and Tony Mize to four-year terms. Also, the Subcommittee is recommending that the Council accept the resignation of Marian Nelson and re-appoint Harry Gibson to the Board of Directors with a term expiring June 30, 2011. MOTION: Moved by Michael, seconded by Spagnolo, to appoint Charles Buquet, Harvey Cohen and Tony Mize to the Community Foundation, for a term to expire June 30, 2013; accept the resignation of Marian Nelson and re-appoint Harry Gibson to the Community Foundation for a term to expire on June 30, 2011. Motion carried 5-0. 03. CONSIDERATION OF THE CITY COUNCIL LIBRARY SUBCOMMITTEE'S RECOMMENDATION FOR APPOINTMENTS TO THE LIBRARY BOARD OF TRUSTEES AND THE LIBRARY FOUNDATION Mayor Pro Tem Michael stated that the Library Subcommittee met on June 17, 2009 and is recommending the appointment of Leslie May and Deborah Clark and the re-appointment of Gino Filippi, Ruth Leal, Teresa Akahoshi and Rebecca Davies to the Public Library Foundation for terms to expire an June 30, 2013. MOTION: Moved by Williams, seconded by Spagnolo, to appoint Leslie May and Deborah Clark and to re-appoint Gino Filippi, Ruth Leal, Teresa Akahoshi and Rebecca Davies to the Public Library Foundation for terms to expire on June 30, 2013. Motion carried 5-0. 04. LEGISLATIVE AND REGIONAL UPDATES (oral report) Councilmember Spag"nolo stated that the State will be issuing IOUs and that the Governor has declared a State of Fiscal Emergency. Potentially, the City may lose $3.3 million in property tax, $2.8 million in gas tax and $6 million over a three year period in Redevelopment funds. Councilmember Spagnolo noted that it is impossible to tell what will happen with the State budget. Last week, the Mayors of the largest 10 cities in the State asked the League of California Cities to drop its opposition to the raid on property taxes. Consequently, the Governor's representative has stated that cities are okay with the raid. This is not the case, and Councilmember Spagnolo was adamantly opposed to the seizing or borrowing of local monies. Redevelopment Agency, Fire Protection District, City Council Minutes July 1, 2009 -Page 8 of 9 Mayor Pro Tem Michael reported that Omnitrans will be offering a weekly free bus pass in the fall to familiarize students with their services. He also spoke about the proposed change in their governing structure from a Joint Powers Authority to a Special Authority or Special District. At the appropriate time, he thought that a workshop on the topic would be beneficial. P. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified. Q. ADJOURNMENT Mayor Kurth adjourned the meeting at 8:50 p.m. after a round of applause for the military personnel serving in Iraq. Respectfully submitted, Debra L. McKay, MMC Assistant City Clerk/Records Manager Approved: Redevelopment Agency, Fire Protection District, City Council Minutes July 1, 2009 -Page 9 of 9 PUTT FOIZ PAWS Miniature Golf Tournam~ Sponsored by ~.o.o~.o.~ Experience the Performance ~ Discover the Value August i5, 2009 Proceeds will Benefit: The Rancho Cucamonga Animal Care and Adoption Center ~ Where: Boomers and the Be Bop Cafe i5oo W. 7th, Upland Come & Join us in Support of the Animals ., For Family Miniature Golf, "All you can eat Pizza / t Salad Bar & Soda" at the Be Bop Cafe. Enjoy our 1 complimentary so tokens for Video & redemption ; . games. ~°~ For more information and to Pre-register ~ Call or Email: Suzanne (909) 481-1822 Or email Linda: pmblsb~a earthlink.net PRIZES • HOLE IN ONE CASH PRIZES • FIRST, SECOND & THIRD PLACE WINNERS • WONDERFUL RAFFLE PRIZES • KIDS ONLY DRAWING ~~ I • Foursome $75.00 ,~'~ , ~ F ~ • Individual Tickets I ~, ~ZO.oo r ~ ' -' "' ~' ~ Storybook Land Indoor Golf ~.a ~ , t '.~ ~ , Reserved or Cosmic t ..:...~~r ~~ , ~i~ Golf '~ ~• .~ ,._ y ~ -=_ =- . ~ - - _ -. I~~ I . All Day Fun Pass ~~ Only $io.oo's Extra ~_.L • Rock Climbing • Ferris Wheel and so much more /ADOPTION C~NT~R YVE ARE WAITING TO HEAR FROM YOU - ~ ~ ,.. ~ . putt for paws sponsorship ~! ~~ ;. , ~ ,. Spon,sorehips: ,,, Rancho Cucamonga Animal Care and Adoption Center PRESENTs a Miniature Golf Tournament Putt for Paws Aus>tust 15, 2009 at boomers in Upland. Your support is greatly needed. A GREAT CAUSE .....This wonderful day is in support of our homeless pets. Your sponsorship will help provide medical services & equipment. Event Sponsor: GT Radial $i,ooo.oo.. Sind Includes Foursome E~ Lunch Lunch Sponsor: WI.C $50.00 ... Sold Includes Foursome & Lunch Sign Sponsor. $500.00 ..... Includes Two 1?iTra Lunches Advertising Sponsor: $goo.oo ... Includes Two Pura Lunches Hole-in-one-sponsorships: $HSo.oo Sold 1be Neville Company CPA's Raffle Sponsor. $z5o.oo Sold Harry ~ Judy Gibson Award Sponsor: $200.00 Sold Jayne Burkholder Union Bank Goodie Bags: $t5o.oo &~Id Four Pointe by Sheraton Tee Sponsors: $~oo.oo... io Still Available ~~ ~_ ~~ i ~~ For more information: Call Suzanne: gog.48i.i822 Or Email Linda: Adoption Center We need good homes ~°~.1 pmblsb~earthlink.net ^~ ^~ t ~+ ._ V O V A V N r N .N V ._ L O a. N ~ •- ~ ~ ._ N - .. ~ O ^ ^ y - . ~ ' c ._ ~ ~• ~ ,~ ~ p C IV ~ O ~ a , ~ ,J ,> to O ~ ~ v w ~ a y ~ m W ~ ~ ^ C ~~~ s ^ i ~. ,.~ ~'~ L f~ L 0 f+ V s z pg ~~~~g _~ ~~ ~~~= ~~#~~~ ~~~~ {I ~iF~ ;~~~ ~_ f~~ d~ j~~ __ ~_~, ~~ ~~:~: ~ C' :~ ~~~~~(( P#ir~E !L .~ ~~~~ 3_ ~~;;~ 1 ~ it I ~ i 1 ss ~$ ~~ ~ ~i~ ' ' ~ i~~1 ~ e~ ~~~,_ .:~~ 4 Q ~ ~ U I~ >,?~~ m ~~::,.~r ~~, tr~ y ~~jl'1' °~, ae~ ~ r ~i', Vo ~ s o ~, .~ ._ o . ~--~ ~ ~ o ' C ~ ~ L a-.~ U ~ O L ~ ~ l Z ~ ^ ^ ^ ^ ~~ 0 f+ r s° -§€ ,,,,\ • ~~ 1 L c ca t H L Z ~. ~--. v.r I~'~ i••i r a a rh r r f p- r r s 1 r V~ rV `~ ^j a ~. f Ir r ~A -~--~ RANCHO CUCAMONGA REDEVELOPMENT AGENCY Agenda Check Register 6/24/2009 through 7/7/2009 Check No. Check Date Vendor Name Amount AP - 00284243 6/24/2009 ALTA LAGUNA MOBILE HOME PARK 509.47 AP - 00284246 6/24/2009 ALTA VISTA MOBILE HOME PARK 250.00 AP - 00284282 6/24/2009 CASH VOLANTE MOBILE HOME PARK 750.00 AP - 00284286 6/24/2009 CHAPARRAL HEIGHTS MOBILE HOME PARK 391.23 AP - 00284311 6/24/2009 DAN GUERRA AND ASSOCIATES 39,663.88 AP - 00284311 6/24/2009 DAN GUERRA AND ASSOCIATES 46,765.39 AP - 00284316 6/24/2009 DEPARTMENT OF TRANSPORTATION 587,500.00 AP - 00284330 6/24/2009 EMBASSY SUITES HOTEL -SAN DIEGO BAY 661.92 AP - 00284339 6/24/2009 FOOTHILL MOBILE MANOR 100.00 AP - 00284346 6/24/2009 GEOGRAPHICS 388.78 AP - 00284355 6/24/2009 HEARST MAGAZINES 26.00 AP - 00284357 6/24/2009 HIGHSMITH 343.00 AP - 00284357 6/24/2009 HIGHSMITH 88.47 AP - 00284384 6/24/2009 KLEINFELDER INC 614.50 AP - 00284384 6/24/2009 KLEINFELDER INC 614.50 AP - 00284399 6/24/2009 MACIAS GIN] & O'CONELL LLP 1,736.00 AP - 00284430 6/24/2009 PITASSI ARCHITECTS INC 2,000.00 AP - 00284455 6/24/2009 SAN BERNARDINO CTY AUDITOR CONTROLLE 174.00 AP - 00284464 6/24/2009 SOCIAL VOCATIONAL SERVICES 881.00 AP - 00284485 6/24/2009 TW TELECOM 4,011.37 AP-00284556 7/1/2009 AECOM 17,140.29 AP-00284637 7/1/2009 GEOGRAPHICS ~ 14.95 AP - 00284663 7/1/2009 INLAND EMPIRE UTILITIES AGENCY 2,775.12 AP - 00284665 7/1/2009 INLAND VALLEY DAILY BULLETIN 2,000.00 AP - 00284680 7/1/2009 LENOVO (UNITED STATES) INC. 865.99 AP - 00284681 7/1/2009 LIGHT BULBS ETC 4,457.83 AP - 00284700 7/1/2009 NEC UNIFIED SOLUTIONS INC 22,419.15 AP - 00284702 7/1/2009 NORTHTOWN HOUSING DEVELOPMENT CORP. 49,662.36 AP - 00284706 7/1/2009 OFFICE DEPOT 46.10 AP - 00284706 7/1/2009 OFFICE DEPOT 11.04 AP - 00284735 7/1/2009 RRM DESIGN GROUP 25,647.31 AP - 00284736 7/1/2009 SALEM ENGINEERING GROUP INC 768.00 AP - 00284775 7/1/2009 TMAD TAYLOR R GAINES 7,002.00 AP - 00284786 7/1/2009 UNITED SITE SERVICES OF CA INC 217.65 AP - 00284790 7/1/2009 URBAN GRAFFITI ENTERPRISES INC 4,375.00 Total for Chcck ID AP: 824,872.30 Total for Entih': 824,872.30 P1 User: VLOPEZ -Veronica Lopez Page: I Current Date: 07/08/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Porhait Layout Time: 17:58:0 STAFF REPORT P2 `~ '` -~x :_-~ ii REDEVELOPMENT AGENCY ~ p ~ J R~~rc o Date: July 15, 2009 cUCAbfONGA To: Chairman and Members of the Redevelopment Agency Jack Lam, AICP, Executive Director From: Linda Daniels, Redevelopment Director By: Donna Vega, Redevelopment Analyst I Subject: APPROVAL TO AUTHORIZE THE ADVERTISING OF THE " NOTICE INVITING BIDS" FOR THE FABRICATION AND INSTALLATION OF DIRECTI ONAL GUIDE SIGNS TO BE FUNDED FROM ACCOUNT NO. 2620801-5110. , RECOMMENDATION It is recommended that the Redevelopment Agency approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids" for the fabrication and installation of directional guide signs to be funded from Account No. 2620801-5110. BACKGROUND/ANALYSIS In November 2008, the Redevelopment Agency Board approved a Professional Services Agreement with Hunt Design to provide design and consulting services for directional guide signs. This Agreement was administered to carry out the 2008 and 2009 City Council goal of implementing a sign program to provide vehicular directional assistance to visitors who come to visit our many regional venues and to local residents. The next stage of the process is to initiate bidding for the fabrication and installation of the directional guide signs. Hunt Design has prepared the sign specifications for the bid. Legal advertising is schedhled for August 11`h and August 18'h and bid opening will be at 2:00 p.m. on Tuesday, August 25 unless extended by addendum. Respectfully submitted, ~~ ~. ~~~~ Linda D. Daniels Redevelopment Director Attachment P3 RESOLUTION NO A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE DIRECTIONAL GUIDE SIGN PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for the "DIRECTIONAL GUIDE SIGN PROJECT." 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 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 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 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 AUGUST 25, 2009, sealed bids or proposals for the "DIRECTIONAL GUIDE SIGN PROJECT" 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 "Bid for Construction of THE DIRECTIONAL GUIDE SIGN PROJECT." 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, RESOLUTION NO. July 15, 2009 Page 2 P4 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) 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 1775.5 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 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. 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 B) When the number of apprentices in training in the area exceeds a ratio of one to five, or C) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D) When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight joumeymen. 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-offcio 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 dontract 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. RESOLUTION NO. July 15, 2009 Page 3 P5 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 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 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 contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. - On the date and at the time of the submittal of the Bidders Proposal the Prime Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including but not limited to a Class "C-45" License (Electrical Sign Contractor) sufficient to cover all the work to be performed by the Prime Contractor in accordance with the provisions of the Contractors 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 specifcations of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. RESOLUTION NO. July 15, 2009 Page 4 P6 Copies of the plans and specifications available at the office of the Redevelopment Agency, Upper Level Redevelopment Counter, will be furnished upon application to the City of Rancho Cucamonga, and payment of $25.00 (TWENTY-FIVE DOLLARS); said $25.00 (TWENTY-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 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 bidders FedEx account number, if applicable, until the information above is received. Checks/request shall be addressed as follows: City of Rancho Cucamonga Attention: Redevelopment Agency 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. All questions regarding this Notice Inviting Bids must be in writing (email is acceptable) and received by the City no later than 5:00 pm on Wednesday August 19, 2009. The Citv is not responsible for questions undeliverable. 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 Contractors request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga reserves the right to reject any or all bids Questions regarding this Notice Inviting Bids for DIRECTIONAL GUIDE SIGN PROJECT may be directed to: Donna Vega, Redevelopment Analyst I Rancho Cucamonga Redevelopment Agency 10500 Civic Center Drive Rancho Cucamonga CA 91730 (909) 477-2700, ext. 2059 By order of the Redevelopment Agency of the City of Rancho Cucamonga, California. RESOLUTION NO. July 15, 2009 Page 5 Dated this 15th day of July, 2009 Publish Dates August 11, and August 18, 2009 P7 PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this 15'" day of July, 2009. Donald J. Kurth, M.D., Chairman ATTEST: Jack Lam, Secretary I, JACK LAM, SECRETARY of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Redevelopment Agency of the city of Rancho Cucamonga, California, at a regular meeting of said Redevelopment Agency held on the 15"' day of July, 2009. RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P8 As?enda Check Register 6/24/2009 through 7/7/2009 Check No. Check Date Vendor Name Amount AP - 00284239 6/24/2009 AIRGAS WEST 42.05 AP - 00284239 6/24/2009 AIRGAS WEST 76.15 AP - 00284239 6/24/2009 AIRGAS WEST 305.98 AP - 00284239 6/24/2009 AIRGAS WEST 69.33 AP - 00284239 6/24/2009 AIRGAS WEST 4887 AP - 00284239 6/24/2009 AIRGAS WEST 69.33 AP - 00284239 6/24/2009 AIRGAS WEST 55.69 AP - 00284242 6/24/2009 ALLSTAR FIRE EQUIPMENT INC 1,963.59 AP - 00284245 6/24/2009 ALTA LOMA RIDING CLUB 25.00 AP - 00284261 6/24/2009 BALL, ROBERT 99.95 AP - 00284269 6/24/2009 BOUND TREE MEDICAL LLC. 2,698.99 AP - 00284275 6/24/2009 BURN INSTITLJRE INLAND EMPIRE C/O CORON. 50.00 AP - 00284277 6/24/2009 CADET UNIFORM SERVICE 277.52 AP - 00284277 6/24/2009 CADET UNIFORM SERVICE 90.77 AP - 00284277 6/24/2009 CADET UNIFORM SERVICE 130.14 AP - 00284277 6/24/2009 CADET UNIFORM SERVICE 203.09 AP - 00284277 6/24/2009 CADET UNIFORM SERVICE 292.12 AP - 00284277 6/24/2009 CADET UNIFORM SERVICE 275.32 AP - 00284277 6/24/2009 CADET UNIFORM SERVICE 188.94 AP - 00284292 6/24/2009 CLF WAREHOUSE 168.15 AP - 00284295 6/24/2009 CONSUMERS PIPE 195.00 AP - 00284297 6/24/2009 COPIES & INK PRINTING INC. 59.29 AP - 00284300 6/24/2009 CREATIVE PROMOTIONAL IDEAS 566.63 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 161.60 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 55.20 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 92.00 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 310.48 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT ],016.95 AP - 00284313 6/24/2009 DAVENPORT, JAY E. 81.40 AP - 00284313 6/24/2009 DAVENPORT, JAY E. 93.71 AP - 00284326 6/24/2009 EIGHTH AVENUE ENTERPRISE LLC 125.06 AP - 00284326 6/24/2009 EIGHTH AVENUE ENTERPRISE LLC 495.90 AP - 00284332 6/24/2009 EMPLOYMENT SOLUTIONS 210.00 AP - 00284332 6/24/2009 EMPLOYMENT SOLUTIONS 280.00 AP - 00284332 6/24/2009 EMPLOYMENT SOLUTIONS 140.00 AP - 00284332 6/24/2009 EMPLOYMENT SOLUTIONS 210.00 AP - 00284337 6/24/2009 FIRST 5 SAN BERNARDINO SPONSORSHIP COM 1,988.37 AP - 00284342 6/24/2009 FRANKLIN TRUCK PARTS 8,561.65 AP - 00284344 6/24/2009 GANDOLFO'S NY DELI 178.03 AP - 00284361 6/24/2009 HOME DEPOT CREDIT SERVICES 18.38 AP - 00284361 6/24/2009 HOME DEPOT CREDIT SERVICES 352.95 AP - 00284362 6/24/2009 HOPPLE & COMPANY 1,300.00 AP - 00284363 6/24/2009 HOYT LUMBER CO., SM 44.61 AP - 00284367 6/24/2009 I A A P 98.00 AP - 00284383 6/24/2009 KIRKPATRICK, BILL 27.14 AP - 00284385 6/24/2009 KME FIRE APPARATUS 82.85 AP - 00284385 6/24/2009 KME FIRE APPARATUS 395.85 AP - 00284385 6/24/2009 KME FIRE APPARATUS 3,330.80 AP - 00284385 6/24/2009 KME FIRE APPARATUS -82.85 AP - 00284385 6/24/2009 KME FIRE APPARATUS 36.78 AP - 00284385 6/24/2009 KME FIRE APPARATUS 479.20 AP - 00284389 6/24/2009 L S A ASSOCIATES INC 276.25 AP - 00284391 6/24/2009 LARKIN, DAVID W 130.00 AP - 00284393 6/24/2009 LEBA, QUANG 175.00 User: VLOPEZ -Veron ica Lopez Page: 1 Current Date: 07/08/200 Report:CK_AGENDA_R EG_PORTRAI T_RC - CK: Agenda Check Register Pomait Layout Timc: ] 7:58:3 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT F9 Aseuda Check Resister 6/24/2009 through 7/7/2009 Check No. Check Date Vendor Name Amount AP - 00284395 6/24/2009 LIFE ASSIST INC 1,048.94 AP - 00284399 6/24/2009 MACIAS GINI & O'CONELL LLP 5,343.75 AP - 00284399 6/24/2009 MACIAS GINI R O'CONELL LLP 4,237.50 AP - 00284399 6/24/2009 MACIAS GINI & O'CONELL LLP 3,618.75 AP - 00284399 6/24/2009 MACIAS GINI & O'CONELL LLP 5,362.50 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 428.39 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 2,004.74 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 2,555.24 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 2,004.74 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 148.68 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 2,555.24 AP - 00284412 6/24/2009 MYERS TIRE SUPPLY 1,021.69 AP - 00284417 6/24/2009 OFFICE DEPOT 1,174.48 AP - 00284437 6/24/2009 QUALA TEL ENTERPRISES 124.01 AP - 00284438 6/24/2009 QUINN COMPANY 269.01 AP - 00284448 6/24/2009 RESCUE RESPONSE GEAR LLC 145.39 AP - 00284449 6/24/2009 RICHLING, JOSH 250.00 AP - 00284453 6/24/2009 RRM DESIGN GROUP 62,590.50 AP - 00284457 6/24/2009 SC FUELS 999.02 AP - 00284457 6/24/2009 SC FUELS 6,858.33 AP - 00284457 6/24/2009 SC FUELS 6,019.01 AP - 00284457 6/24/2009 SC FUELS 1,303.46 AP - 00284457 6/24/2009 SC FUELS 1,142.59 AP - 00284457 6/24/2009 SC FUELS 1,332.01 AP - 00284457 6/24/2009 SC FUELS 2,492.29 AP - 00284457 6/24/2009 SC FUELS 2,897.46 AP - 00284463 6/24/2009 SO CALIF GAS COMPANY 52.04 AP - 00284463 6/24/2009 SO CALIF GAS COMPANY 108.69 AP - 00284463 6/24/2009 SO CALIF GAS COMPANY 78.76 AP - 00284472 6/24/2009 SOUTHERN CALIFORNL4 EDISON 1,774.48 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 1,672.67 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 1,774.48 AP - 00284491 6/24/2009 VERIZON 36.16 AP - 00284491 6/24/2009 VERIZON 41.33 AP - 00284491 6/24/2009 VERIZON 35.04 AP - 00284491 6/24/2009 VERIZON 169.59 AP - 00284491 6/24/2009 VERI7_ON 174.42 AP - 00284491 6/24/2009 V ERIZON 545.68 AP - 00284491 6/24/2009 VERIZON 469.97 AP - 00284554 7/1/2009 ADAPT CONSULTING INC 402.02 AP-00284557 7/1/2009 AIRGASWEST 13.64 AP - 00284559 7/1/2009 ALLSTAR FIRE EQUIPMENT INC 1,758.00 AP - 00284571 7/1/2009 BAUER COMPRESSORS 4,621.16 AP - 00284571 7/1/2009 BAUER COMPRESSORS 3,970.14 AP - 00284573 7/1/2009 BEST BEST AND KRIEGER 67.50 AP - 00284576 7/1/2009 CADET UNIFORM SERVICE 92.90 AP - 00284582 7/1/2009 CARNES, SANDY 38.99 AP - 00284583 7/1/2009 CARQUEST AUTO PARTS 23.10 AP - 00284583 7/1/2009 CARQUEST AUTO PARTS 6.23 AP - 00284583 7/1/2009 CARQUEST AUTO PARTS -37.71 AP - 00284583 7/1/2009 CARQUEST AUTO PARTS 62.12 AP - 00284583 7/1/2009 CARQUEST AUTO PARTS 34.79 AP - 00284583 7/1/2009 CARQUEST AUTO PARTS 43.59 AP - 00284583 7/1/2009 CARQUEST AUTO PARTS -3.37 User: VLOPEZ -Veronica Lopez Page: 2 Current Date: 07/08/200 Report:CK_AGENDA_REG_PORTRAI T_RC - CK: Agenda Check Register Portrait Layout Time: 17:58:3 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/24/2009 through 7/7/2009 Check No. Check Date Vendor Name Amount AP - 00284587 7/1/2009 CHINO MOWER AND ENGINE SERVICE 1,209.87 AP - 00284593 7/1/2009 CLF WAREHOUSE 35.02 AP - 00284602 7/1/2009 CREATIVE PROMOTIONAL IDEAS 1,086.91 AP - 00284602 7/1/2009 CREATIVE PROMOTIONAL IDEAS 1,446.61 AP - 00284606 7/1/2009 DAISY WHEEL RIBBON CO INC 1,525.89 AP - 00284606 7/1/2009 DAISY WHEEL RIBBON CO INC 490.00 AP - 00284619 7/1/2009 EMCOR SERVICE 1,647.63 AP - 00284620 7/1/2009 EMPLOYMENT SOLUTION'S 140.00 AP - 00284620 7/]/2009 EMPLOYMENT SOLUTIONS 105.00 AP - 00284620 7/1/2009 EMPLOYMENT SOLUTIONS 280.00 AP - 00284629 7/1/2009 FLEET SERVICES INC. 184.03 AP - 00284632 7/1/2009 FOOTHILL CARPET AND MATTRESS 408.00 AP - 00284658 7/1/2009 HOYT LUMBER CO., SM 91.26 AP - 00284676 7/1/2009 KME FIRE APPARATUS 143.72 AP - 00284687 7/1/2009 MARK CHRISTOPHER INC 84.07 AP - 00284696 7/1/2009 MYERS TIRE SUPPLY 446.84 AP - 00284696 7/1/2009 MYERS TIRE SUPPLY 115.04 AP - 00284698 7/1/2009 NAPA AUTO PARTS 4.80 AP - 00284698 7/1/2009 NAPA AUTO PARTS 84.71 AP - 00284698 7/1/2009 NAPA AUTO PARTS 35.88 AP - 00284699 7/1/2009 NAUSHA, CHRISTEN 81.40 AP - 00284699 7/1/2009 NAUSHA, CHRISTEN 69.05 AP - 00284704 7/1/2009 NUSTAGROUP.COM 405.67 AP - 00284727 7/1/2009 RAULS AUTO TRIM INC 30.00 AP - 00284740 7/1/2009 SAN BERNARDINO COUNTY 3,132.00 AP - 00284740 7/1/2009 SAN BERNARDINO COUNTY 1,668.00 AP - 00284750 7/]/2009 SIGNCRAFTERS OF RANCHO CUCAMONGA 179.44 AP - 00284753 7/1/2009 SO CALIF GAS COMPANY 171.28 AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON 1,588.52 AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON 1,112.46 AP - 00284764 7/1/2009 STAPLETON, JOSHUA 30.95 AP - 00284770 7/1/2009 SWIFTY SIGN 1,879.20 AP - 00284774 7/1/2009 TERMINLX PROCESSING CENTER 37.00 AP - 00284774 7/1/2009 TERMINIX PROCESSING CENTER 65.00 AP - 00284784 7/1/2009 UNIFIRST UNIFORM SERVICE 5872 AP - 00284787 7/1/2009 UNITED STATES POSTAL SERVICE 2,304.00 AP - 00284801 7/1/2009 VERIZON 471.94 AP - 00284801 7/1/2009 VERIZON 36.16 AP - 00284801 7/1/2009 VERIZON 471.94 AP - 00284801 7/1/2009 VERIZON 471.94 AP - 00284801 7/1/2009 VERIZON 471.94 AP - 00284801 7/1/2009 VERIZON 57.12 AP - 00284801 7/1/2009 VERIZON 545.68 AP - 00284806 7/1/2009 WALKER, ROBERT 130.00 AP - 00284809 7/1/2009 WAXIE SANITARY SUPPLY 73.79 AP - 00284809 7/1/2009 WAXIE SANITARY SUPPLY 363.86 AP - 00284809 7/1/2009 WAXIE SANITARY SUPPLY 106.84 AP - 00284809 7/1/2009 WAXIE SANITARY SUPPLY 62.37 AP - 00284809 7/1/2009 WAXIE SANITARY SUPPLY 1.278.00 AP - 00284812 7/1/2009 WEST END UNIFORMS 201.65 Total for Check ID AP: 191,692.54 Total for Entit~~: 191,692.54 P10 User: VLOPEZ -Veronica Lopez Page: 3 Current Date: 07/08/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 17:58:3 STS REPORT RANCHO CUCAMONGA FIRE PROTECITON DISTRICT Date: July 15, 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 P11 ~f 7 RANCHO C,UCAMONGA Subject: ADOPTION OF A RESOLUTION DECLARING RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 09-4 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 85-1 (ALTA LOMA ANIMAL HOSPITAL - APN 0202-161-10,11&20) RECOMMENDATION Consideration of approval of a resolution declaring results of a special election in Community Facilities District No. 85-1, Annexation No. 09-4 and ordering the annexation of property of approximately .53 acres located on the northeast corner of Base Line Rd and Amethyst St. (the "Annexation Territory") to Community Facilities District No. 85-1. BACKGROUND On May 6, 2009, the Board declared its intention to annex APNs: 0202-161-10, 11 & 20 into CFD No. 85-1. On June 17, 2009, a public hearing was held regarding the annexation and following such public hearing, the Board of Directors adopted a resolution calling for a special election to submit the qualified electors of the Annexation Territory a ballot measure pertaining to the authorization to levy a special tax within the Annexation Territory. A special election was scheduled for June 24, 2009. On June 24, 2009, the landowner submitted their ballot to the Board Secretary. The Board Secretary has canvassed the ballot and completed the statement of votes cast (see Exhibit "A" of Resolution). The Landowner cast their vote unanimously in favor of the levy of the special tax in the Annexation Territory. Adoption of this resolution constitutes the formal action of the Board declaring the results of the election and the annexation of the Annexation Territory to Community Facilities District No. 85-1 and directs the recordation of an amendment to the existing Notice of Special Tax Lien. By recordation of this amendment, prospective purchasers of property within the Annexation Territory will have notice of the special tax obligation affecting such property. Respe ully submitted, Peter M. Bryan -` Fire Chief Attachment P12 RESOLUTION NO. FD 09- D 3 S A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILTIES DISTRICT NO. 85-1, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 09-4 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 85-1 WHEREAS, the Board of Directors (the "Board") of the Rancho Cucamonga Fire Protection District, California, has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof. The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District"); and, WHEREAS, the area proposed to be annexed is known and designated as COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 09-4 ("Annexation Territory'), and, WHEREAS, the Board did call for and order to be held an election to submit to the qualified voters of the Annexation Territory a proposition to levy a special tax in the Annexation Territory; and, WHEREAS, at this time said election has been held and the measure voted upon did receive the favorable 2/3's vote of the qualified voters, and the Board desires to declare the favorable results of the election and to order the annexation of the Annexation Territory to the District. NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The Board hereby receives and approves the CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the Election Official, said Statement setting forth the number of votes cast in the election, the measure voted upon, and the number of votes given for and/or against the measure voted upon. A copy of said Certifcate and Statement is attached hereto marked Exhibit "A", referenced and so incorporated. SECTION 3. The Secretary is hereby directed to enter in the minutes of this meeting the results of the election and the STATEMENT OF VOTES CAST. SECTION 4. The Board hereby orders the annexation of the Annexation Territory to the District and further determines that the Board is now authorized to levy the special taxes within the Annexation Territory as approved and authorized by the qualifed electors of the Annexation Territory. P13 SECTION 5. Immediately upon adoption of this Resolution, the AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) shall be recorded in the Office of the County Recorder. PASSED, APPROVED AND ADOPTED this _ day of , 2009. AYES: NOES: ABSENT: ABSTAINED: Donald J. Kurth, M.D., President ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a regular meeting of said Board held on the _ day of 2009. Executed this _ day of 2009, at Rancho Cucamonga, California. Janice C. Reynolds, Secretary P14 CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO )SS RANCHO CUCAMONGA FIRE PROTECTION DISTRICT ) THE UNDERSIGNED, AS ELECTION OFFICIAL OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DO HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and the Elections Code of the State of California, I did canvass the returns of the votes cast at the: RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 85-1 ANNEXATION NO. 09-4 SPECIAL ELECTION In said Fire Protection District held on June 24, 2009 I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes case in said District, and the whole number of votes cast for the Measure in said District, and the totals of the respective columns and the totals as shown for the Measure are full, true and correct. I. TOTAL NUMBER OF VOTES CAST: ~ ll. TOTAL NUMBER OF VOTES FOR FOR AND AGAIIv'ST PROPOSITION A AGAINST WITNESS my hand and official Seal this ~-~+`- day of • ~~ , 2009. d'~~~~ 1 ElecPi`n Official Rancho Cucamonga Fire Protection District State of California P15 r''~' z 1 '~° `u. ,v~ R A N C H O C U C A M O N G A F[ R E PROTECT [ O N D I S T R I C T Staff Report DATE: July 15, 2009 TO: President and Members of the Fire Board Jack Lam, AICP, City Manager FROM: John R. Gillison, Deputy City Manager/Administrative Services SUBJECT: APPROVAL TO AMEND THE PLAN DOCUMENT OF THE FIRE MANAGEMENT EMPLOYEES ICMA SECTION 401-A PLAN TO PERMIT LOANS FROM THE PLAN. RECOMMENDATION Staff recommends that the Fire Board approve the amendment of the Fire Management Employees ICMA Section 401-A Plan to allow participating employees to borrow money from their deposits in the plan. BACKGROUND In February 1998 the District approved the establishment of a Section 401-A "money purchase plan" for the Fire Management Employees Group (Fire MEG) through ICMA Retirement Corporation. The plan document did not include a provision that allows participants to borrow money from their deposits in the plan. Fire MEG has expressed its desire to have the ability to make loans to participating employees. This plan amendment would achieve that purpose.. Respectfully submitted, John R. Gillison Deputy City Manager/Administrative Services Staff Report to Amend Fire MEG Plan Document.doc P16 RESOLUTION NO. FD 09- 036 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA AMENDING THE PLAN DOCUMENT OF THE FIRE MANAGEMENT EMPLOYEES' ICMA SECTION 401-A PLAN (ICMA-RC PLAN # 10-7143) AS ORIGINALLY APPROVED UNDER RESOLUTION FD 98-018 WHEREAS, the Fire Protection District has employees rendering valuable services; and WHEREAS, the Fire Protection District has established a retirement plan (the" Plan") for such employees which serves the interest of the Fire District by enabling it provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the Fire District has determined that permitting participants in the retirement plan to take loans from the Plan will serve these objectives; NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Rancho Cucamonga Fire Protection District, Rancho Cucamonga, California that the Plan will permit loans. PASSED, APPROVED, AND ADOPTED this day AYES: NOES: ABSENT: ABSTAINED: Donald Kurth, MD, President CITY OF RANCHO CUCAMONGA Agenda Check Resister 6/24/2009 through 7!7/2009 Check No. Check Date Vendor Name Amount AP - 00284226 6/24/2009 A&V SOFTBALL 2,530.00 AP - 00284227 6/24/2009 AAA INSURANCE 1,105.69 AP - 00284228 6/24/2009 ABC LOCKSMITHS 4.35 AP - 00284228 6/24/2009 ABC LOCKSMITHS 281.67 AP - 00284229 6/24/2009 ABI VIP ATTORNEY SERVICE 47.00 AP - 00284230 6/24/2009 ABM JANITORIAL SW 7,607.64 AP - 00284231 6/24/2009 ACCU CUT 78.66 AP - 00284232 6/24/2009 ADAPT CONSULTING INC 1,105.93 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 100.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 25.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 25.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 100.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 100.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 100.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 100.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 100.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 25.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 100.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 100.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 100.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 25.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 100.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 100.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 100.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 100.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 100.00 AP - 00284234 6/24/2009 ADOBE ANIMAL HOSPITAL 100.00 AP - 00284235 6/24/2009 ADVANTAGE SEALING SYSTEMS INC. 291.94 AP - 00284236 6/24/2009 AEF SYSTEMS CONSULTING INC 875.00 AP - 00284237 6/24/2009 AEI-CASC ENGINEERING INC. 3,996.00 AP - 00284238 6/24/2009 AGUILERA, ISAIAH 480.00 AP - 00284238 6/24/2009 AGUILERA, ISAIAH 108.00 AP - 00284240 6/24/2009 AIRWAVES CELLULAR INC. 650.00 AP - 00284241 6/24/2009 ALLIANCE RESOURCE CONSULTING LLC 6,556.30 AP - 00284241 6/24/2009 ALLIANCE RESOURCE CONSULTING LLC 1,189.79 AP - 00284244 6/24/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 P17 User: VLOPEZ -Veronica Lopez Page: 1 Current Date: 07/08/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Reeister Pomait Layout Time: 17:54:0 CITY OF RANCHO CUCAMONGA Agenda Check Register 6/24/2009 through 7/7/2009 Check No. Check Date Vendor Name Amount AP - 00284244 6/24/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00284244 6/24/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00284244 6/24/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00284244 6/24/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00284244 6/24/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00284244 6/24/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00284244 6/24/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00284244 6/24/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00284244 6/24/2009 ALTA LOMA ANIMAL HOSPITAL - 50.00 AP - 00284244 6/24/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00284244 6/24/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00284244 6/24/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00284244 6/24/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00284244 6/24/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00284244 6/24/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00284244 6/24/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00284244 6/24/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00284244 6/24/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00284244 6/24/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00284244 6/24/2009 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00284244 6/24/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00284244 6/24/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00284244 6/24/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00284244 6/24/2009 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00284244 6/24/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00284244 6/24/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00284244 6/24/2009 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00284244 6/24/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00284244 6/24/2009 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00284244 6/24/2009 ALTA LOMA ANIMAL HOSPITAL 100.00 AP - 00284244 6/24/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00284247 6/24/2009 ALTMEYER, DAVID 15.00 AP - 00284248 6/24/2009 AMERICAN MATERIAL HANDLING 985.28 AP - 00284249 6/24/2009 AMERICAN ROTARY BROOM CO. INC. 381.30 AP - 00284249 6/24/2009 AMERICAN ROTARY BROOM CO. INC. 642.73 AP - 00284250 6/24/2009 AMTECH ELEVATOR SERVICES 950.00 AP - 0028425 t 6/24/2009 ARAMARK UNIFORM SERVICES 6.70 AP - 00284252 6/24/2009 ARBOR NURSERY PLUS 70.00 AP - 00284252 6/24/2009 ARBOR NURSERY PLUS 28.33 AP - 00284253 6/24/2009 ARCHITERRA DESIGN GROUP 3,500.00 AP - 00284253 6/24/2009 ARCHITERRA DESIGN GROUP 11.55 AP - 00284254 6/24/2009 ASAP POWERSPORTS 929.00 AP - 00284254 6/24/2009 ASAP POWERSPORTS 729.00 AP - 00284255 6/24/2009 ASCE 75.00 AP - 00284256 6/24/2009 AUFBAU CORPORATION 10;530.00 AP - 00284257 6/24/2009 AVANTS, MARGE 165.00 AP - 00284258 6/24/2009 B AND K ELECTRIC WHOLESALE 148.93 AP - 00284258 6/24/2009 B AND K ELECTRIC WHOLESALE 444.22 AP - 00284258 6/24/2009 B AND K ELECTRIC WHOLESALE 2,865.62 AP - 00284259 6/24/2009 B.A.H.S. 382.58 AP - 00284259 6/24/2009 B.A.H.S. 491.53 AP - 00284260 6/24/2009 BALDY FIRE AND SAFETY 305.00 AP - 00284262 6/24/2009 BARBARA'S ANSWERING SERVICE 622.00 AP - 00284263 6/24/2009 BEN BOLLINGER PRODUC'CIONS LTD. 600.00 P18 User: VLOPEZ -Veronica Lopez Page: 2 Current Date: 07/08/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 17:54:0 CITY OF RANCHO CUCAMONGA At=_enda Check Register 6/24/2009 through 7/7/2009 Check No. Check Date Vendor Name Amount AP - 00284264 6/24/2009 BERNARD, JEREMY 150.00 AP - 00284265 6/24/2009 BERTGES, RUTH 246.40 AP - 00284266 6/24/2009 BIA BALDY VIEW CHAPTER 30.00 AP - 00284267 6/24/2009 BISHOP COMPANY 586.00 AP - 00284267 6/24/2009 BISHOP COMPANY 35.43 AP - 00284268 6/24/2009 BOLTON, HEATHER 1,131.95 AP - 00284270 6/24/2009 BRASIL BRASIL CULTURAL CENTER 2,500.00 AP - 00284274 6/24/2009 BRODART BOOKS 20.36 AP - 00284274 6/24/2009 BRODART BOOKS 22.47 AP - 00284274 6/24/2009 BRODART BOOKS 84.01 AP - 00284274 6/24/2009 BRODART BOOKS 106.34 AP - 00284274 6/24/2009 BRODART BOOKS 17.96 AP - 00284274 6/24/2009 BRODART BOOKS 83.14 AP - 00284274 6/24/2009 BRODART BOOKS 39.15 AP - 00284274 6/24/2009 BRODART BOOKS 264.55 AP - 00284274 6/24/2009 BRODART BOOKS 25.64 AP - 00284274 6/24/2009 BRODART BOOKS 42.06 AP - 00284274 6/24/2009 BRODART BOOKS 41.65 AP - 00284274 6/24/2009 BRODART BOOKS 49.05 AP - 00284274 6/24/2009 BRODART BOOKS 24.46 AP - 00284274 6/24/2009 BRODART BOOKS 12.43 AP - 00284274 6/24/2009 BRODART BOOKS 14.70 AP - 00284274 6/24/2009 BRODART BOOKS 16.63 AP - 00284274 6/24/2009 BRODART BOOKS 14.67 AP - 00284274 6/24/2009 BRODART BOOKS 33.10 AP - 00284274 6/24/2009 BRODART BOOKS 32.24 AP - 00284274 6/24/2009 BRODART BOOKS 147.62 AP - 00284274 6/24/2009 BRODART BOOKS 14.67 AP - 00284274 6/24/2009 BRODART BOOKS 125.24 AP - 00284274 6/24/2009 BRODART BOOKS 47.86 AP - 00284274 6/24/2009 BRODART BOOKS 168.24 AP - 00284274 6/24/2009 BRODART BOOKS 265.18 AP - 00284274 6/24/2009 BRODART BOOKS 27.70 AP - 00284274 6/24/2009 BRODART BOOKS 29.40 AP - 00284274 6/24/2009 BRODART BOOKS 98.74 AP - 00284274 6/24/2009 BRODART BOOKS 21.49 AP - 00284274 6/24/2009 BRODART BOOKS 1,860.24 AP - 00284274 6/24/2009 BRODART BOOKS 172.24 AP - 00284274 6/24/2009 BRODART BOOKS 216.65 AP - 00284274 6/24/2009 BRODART BOOKS 147.92 AP - 00284274 6/24/2009 BRODART BOOKS 21.49 AP - 00284274 6/24/2009 BRODART BOOKS 29.38 AP - 00284274 6/24/2009 BRODART BOOKS 39.55 AP - 00284274 6/24/2009 BRODART BOOKS 6.48 AP - 00284274 6/24/2009 BRODART BOOKS 4.30 AP - 00284274 6/24/2009 BRODART BOOKS 8.59 AP - 00284274 6/24/2009 BRODART BOOKS 18.55 AP - 00284274 6/24/2009 BRODART BOOKS 45.97 AP - 00284274 6/24/2009 BRODART BOOKS 51.55 AP - 00284274 6/24/2009 BRODART BOOKS 16.63 AP - 00284274 6/24/2009 BRODART BOOKS 43.61 AP - 00284274 6/24/2009 BRODART BOOKS 13.56 AP - 00284274 6/24/2009 BRODART BOOKS 8.60 AP - 00284274 6/24/2009 BRODART BOOKS 68.98 P19 User: VLOPEZ -Veronica Lopez Page: 3 Current Date: 07/08/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 17:54:0 CITY OF RANCHO CUCAMONGA Aeenda Check ReEister 6/24/2009 through 7/7/2009 Check No. Check Date Vendor Name Amount AP - 00284274 6/24/2009 BRODART BOOKS 4.30 AP - 00284274 6/24/2009 BRODART BOOKS 4.30 AP - 00284274 6/24/2009 BRODART BOOKS 4.30 AP - 00284274 6/24/2009 BRODART BOOKS 17.26 AP - 00284274 6/24/2009 BRODART BOOKS 8.60 AP - 00284274 6/24/2009 BRODART BOOKS 8.60 AP - 00284274 6/24/2009 BRODART BOOKS 8.60 AP - 00284274 6/24/2009 BRODART BOOKS 12.96 AP - 00284274 6/24/2009 BRODART BOOKS 43.06 AP - 00284274 6/24/2009 BRODART BOOKS 6.48 AP - 00284274 6/24/2009 BRODART BOOKS 8.60 AP - 00284274 6/24/2009 BRODART BOOKS 2368 AP - 00284274 6/24/2009 BRODART BOOKS 4.30 AP - 00284274 6/24/2009 BRODART BOOKS 4.30 AP - 00284274 6/24/2009 BRODART BOOKS 10.78 AP - 00284274 6/24/2009 BRODART BOOKS 4.30 AP - 00284274 6/24/2009 BRODART BOOKS 4.30 AP - 00284274 6/24/2009 BRODART BOOKS 4.30 AP - 00284274 6/24/2009 BRODART BOOKS 4.30 AP - 00284274 6/24/2009 BRODART BOOKS 8.60 AP - 00284274 6/24/2009 BRODART BOOKS 45.97 AP - 00284274 6/24/2009 BRODART BOOKS 1,040.64 AP - 00284274 6/24/2009 BRODART BOOKS 39.70 AP - 00284274 6/24/2009 BRODART BOOKS 14.68 AP - 00284274 6/24/2009 BRODART BOOKS 32.07 AP - 00284274 6/24/2009 BRODART BOOKS 6.48 AP - 00284274 6/24/2009 BRODART BOOKS 6.48 AP - 00284274 6/24/2009 BRODART BOOKS 12.89 AP - 00284274 6/24/2009 BRODART BOOKS 378.12 AP - 00284274 6/24/2009 BRODART BOOKS 12.89 AP - 00284274 6/24/2009 BRODART BOOKS 14.70 AP - 00284274 6/24/2009 BRODART BOOKS 35.98 AP - 00284274 6/24/2009 BRODART BOOKS 14.69 AP - 00284274 6/24/2009 BRODART BOOKS 27.39 AP - 00284274 6/24/2009 BRODART BOOKS 95.02 AP - 00284274 6/24/2009 BRODART BOOKS 166.00 AP - 00284274 6/24/2009 BRODART BOOKS 273.32 AP - 00284274 6/24/2009 BRODART BOOKS 6.48 AP - 00284274 6/24/2009 BRODART BOOKS 4.30 AP - 00284274 6/24/2009 BRODART BOOKS 6.48 AP - 00284274 6/24/2009 BRODART BOOKS 12.96 AP - 00284274 6/24/2009 BRODART BOOKS 30.10 AP - 00284274 6/24/2009 BRODART BOOKS 8.60 AP - 00284274 6/24/2009 BRODART BOOKS 30.16 AP - 00284274 6/24/2009 BRODART BOOKS 17.26 AP - 00284274 6/24/2009 BRODART BOOKS 4.30 AP - 00284274 6/24/2009 BRODART BOOKS 8.60 AP - 00284274 6/24/2009 BRODART BOOKS 6.48 AP - 00284274 6/24/2009 BRODART BOOKS 25.86 AP - 00284274 6/24/2009 BRODART BOOKS 12.90 AP - 00284274 6/24/2009 BRODART BOOKS 69.04 AP - 00284274 6/24/2009 BRODART BOOKS 40.94 AP - 00284274 6/24/2009 BRODART BOOKS 176.90 AP - 00284274 6/24/2009 BRODART BOOKS 12.96 P20 User: VLOPEZ -Veronica Lopez Page: 4 Current Date: 07/08/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pornait Layout Time: 17:54:0 CITY OF RANCHO CUCAMONGA Asenda Check Resister - - - - - - ~ 6/24/2009 through 7/7/2009 Check No. Check Date Vendor Name AP - 00284274 6/24/2009 BRODART BOOKS AP - 00284274 6/24/2009 BRODART BOOKS AP - 00284274 6/24/2009 BRODART BOOKS AP - 00284274 6/24/2009 BRODART BOOKS AP - 00284274 6/24/2009 BRODART BOOKS AP - 00284274 6/24/2009 BRODART BOOKS AP - 00284274 6/24/2009 BRODART BOOKS AP - 00284274 6/24/2009 BRODART BOOKS AP - 00284274 6/24/2009 BRODART BOOI:S AP - 00284274 6/24/2009 BRODART BOOKS " AP - 00284274 6/24/2009 BRODART BOOKS AP - 00284274 6/24/2009 BRODART BOOKS AP - 00284274 6/24/2009 BRODART BOOKS AP - 00284274 6/24/2009 BRODART BOOKS AP - 00284274 6/24/2009 BRODART BOOKS AP - 00284274 6/24/2009 BRODART BOOKS AP - 00284274 6/24/2009 BRODART BOOKS AP - 00284276 6/24/2009 C&H DISTRIBUTORS LLC AP - 00284278 6/24/2009 CAL PERS LONG TERM CARE AP - 00284279 6/24/2009 CALIFORNIA ELECTRONIC ENTRY AP - 00284280 6/24/2009 CALIFORNIA PUBLIC EMPLOYEES AP - 00284280 6/24/2009 CALIFORNIA PUBLIC EMPLOYEES AP - 00284280 6/24/2009 CALIFORNIA PUBLIC EMPLOYEES AP - 00284280 6/24/2009 CALIFORNIA PUBLIC EMPLOYEES AP - 00284281 6/24/2009 CAMERON WELDING SUPPLY AP - 00284283 6/24/2009 CASEY, BRIAN AP - 00284284 6/24/2009 CD PROPERTY SERVICES AP - 00284285 6/24/2009 CERTIFIED TOWING AP - 00284285 6/24/2009 CERTIFIED TOWING AP - 00284287 6/24/2009 CHARTER COMMUNICATIONS AP - 00284288 6/24/2009 CLAREMONT COURIER AP - 00284289 6/24/2009 CLARK, DEBORAH KAYE AP - 00284289 6/24/2009 CLARK, DEBORAH KAYE AP - 00284289 6/24/2009 CLARK, DEBORAH KAYE AP - 00284289 6/24/2009 CLARK, DEBORAH KAYE AP - 00284290 6/24/2009 CLARK, KAREN AP - 0028429] 6/24/2009 CLARKS PLUMBING SPECIALTIES INC. AP - 00284291 6/24/2009 CLARKS PLUMBING SPECIALTIES INC. AP - 00254291 6/24/2009 CLARKS PLUMBING SPECIALTIES INC. AP - 00284291 6/24/2009 CLARKS PLUMBING SPECIALTIES INC. AP - 00284293 6/24/2009 COCA COLA BOTTLING COMPANIES AP - 00284294 6/24/2009 CONCEPT POWDER COATING AP - 00284294 6/24/2009 CONCEPT POWDER COATING AP - 00284296 6/24/2009 COOPER, CHERYL AP - 00284296 6/24/2009 COOPER, CHERYL AP - 00284296 6/24/2009 COOPER, CHERYL AP - 00284296 6/24/2009 COOPER, CHERYL AP - 00284296 6/24/2009 COOPER, CFIERYL AP - 00284296 6/24/2009 COOPER, CIIERYL AP - 00284297 6/24/2009 COPIES & INK PRINTING INC. AP - 00284297 6/24/2009 COPIES & INK PRINTING INC. AP - 00284297 6/24/2009 COPIES & INK PRINTING INC. AP - 00284298 6/24/2009 COSCO FIRE PROTECTION AP - 00284299 6/24/2009 COVENANT STAFFING INC. P21 Amount 53.81 15.07 306.21 270.80 237.66 59.17 75.33 21.53 14.67 51.85 197.45 53.81 640.46 35.25 14.67 14.13 569.54 116.27 480.96 1,276.00 107,407.85 4,444.00 224.94 483.34 102.57 500.00 685.00 195.00 185.00 32.99 462.00 4,712.50 4,615.00 5,200.00 8.320.00 72.00 2.04 8.82 9.10 200.00 718.42 170.00 150.00 144.00 12.00 230.40 7.50 84.00 5.00 112.58 59.29 305.06 640.00 533.40 User: VLOPEZ -Veronica Lopez Page: 5 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 07/08/200 Time: 17:54:0 CITY OF RANCHO CUCAMONGA Agenda Check Register 6/24/2009 through 7/7/2009 Check No. Check Date Vendor Name Amoun[ AP - 00284299 6/24/2009 COVENANT STAFFING INC. 533.40 AP - 00284299 6/24/2009 COVENANT STAFFING INC. 711.20 AP - 00284299 6/24/2009 COVENANT S'T'AFFING INC. 20.00 AP - 00284299 6/24/2009 COVENANT STAFFING INC. 533.40 AP - 00284299 6/24/2009 COVENANT STAFFING INC. 60.01 AP - 00284299 6/24/2009 COVENANT STAFFING INC. 26.67 AP - 00284299 6/24/2009 COVENANT STAFFING INC. 26.67 AP - 00284299 6/24/2009 COVENANT STAFFING INC. 711.20 AP - 00284299 6/24/2009 COVENANT STAFFING INC. 388.60 AP - 00284299 6/24/2009 COVENANT STAFFING INC. 184.00 AP - 00284301 6/24/2009 CRIME SCENE STERI-CLEAN LLC 540.00 AP - 00284302 6/24/2009 CUCAMONGA MUSIC CO. 150.00 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 601.76 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 278.17 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 228.67 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 325.12 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 298.47 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 203.29 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 1,590.66 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 359.44 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 573.17 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 451.34 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 612.50 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 643.64 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 379.01 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 288.92 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 561.74 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 222.92 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 169.62 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 351.09 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 687.38 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 167.09 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 788.90 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 346.69 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 474.92 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 178.51 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 1,188.63 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 884.07 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 976.71 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 958.94 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 1,089.19 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 48.54 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 167.09 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 215.98 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 82.80 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 111.99 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 151.86 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 128.42 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 163.28 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 125.21 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 122.67 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 42.19 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 115.73 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 186.80 P22 User: VLOPEZ -Veronica Lopez Page: 6 Current Date: 07/08/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pornait Layout Time: 17:54:0 CITY OF RANCHO CUCAMONGA Agenda Check Register 6/24/2009 through 7/7/2009 Check No. Check Date Vendor Name Amount P23 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 97.97 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 177.24 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 96.70 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 75.13 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 70.11 AP - 00284307- 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 111.25 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 116.33 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 266.74 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 287.64 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 197.54 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 378.48 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 99.24 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 51.08 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 44.73 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 120.13 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 86.61 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 56.15 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 130.28 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 359.97 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 354.90 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 339.67 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 382.82 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 56.15 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 936.10 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 127.38 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 221.06 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 445.00 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 862.50 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 448.80 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 682.30 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 203.89 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 203.89 AP - 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00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 165.81 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 441.19 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 134.83 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 79.00 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 164.55 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 403.86 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 269.28 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 189.93 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 24.59 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 375.20 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 228.00 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 637.29 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 27622 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 75.19 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 71.32 AP - 00284307 6/24/2009 CUC.AMONGA VALLEY WATER DISTRICT 196.27 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 351.09 AP - 00284307 6/24/2009 CUC.AMONGA VALLEY WATER DISTRICT 153.13 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 1,]41.68 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 204.56 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 356.17 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 228.00 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 278.76 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 241.36 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 355.57 AP - 00284307 6/24/2009 CUCAMONGA VALLEY WATER DISTRICT 273.09 AP - 00284308 6/24/2009 D & D DISPOSAL INC. 400.00 AP - 00284309 6/24/2009 D 3 EQUIPMENT 119.93 AP - 00284310 6/24/2009 D AND K CONCRETE COMPANY 973.32 AP - 00284310 6/24/2009 D AND K CONCRETE COMPANY 303.42 AP - 00284310 6/24/2009 D AND K CONCRETE COMPANY 531.79 AP - 00284310 6/24/2009 D AND K CONCRETE COMPANY 470.89 P24 User: VLOPEZ -Veronica Lopez Page: 8 Current Date: 07/08/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 17:54:0 CITY OF RANCHO CUCAMONGA Agenda Check Register 6/24/2009 through 7/7/2009 Check No. Check Dale Vendor Name Amount AP - 00284310 6/24/2009 D AND K CONCRETE COMPANY 303.42 AP - 00284311 6/24/2009 DAN GUERRA AND ASSOCIATES 16,945.00 AP - 00284312 6/24/2009 DAPPER TIRE CO 335.77 AP - 00284314 6/24/2009 DEER CREEK CAR CARE CENTER 1 ] 7.27 AP - 00284314 6/24/2009 DEER CREEK CAR CARE CENTER 477.85 AP - 00284314 6/24/2009 DEER CREEK CAR CARE CENTER 261.00 AP - 00284314 6/24/2009 DEER CREEK CAR CARE CENTER 20.26 AP - 00284314 6/24/2009 DEER CREEK CAR CARE CENTER 19.69 AP - 00284314 6/24/2009 DEER CREEK CAR CARE CENTER 18.99 AP - 00284314 6/24/2009 DEER CREEK CAR CARE CENTER 18.99 AP - 00284314 6/24/2009 DEER CREEK CAR CARE CENTER 19.69 AP - 00284314 6/24/2009 DEER CREEK CAR CARE CENTER 18.99 AP - 00284314 6/24/2009 DEER CREEK CAR CARE CENTER 593.00 AP - 00284314 6/24/2009 DEER CREEK CAR CARE CENTER 450.50 AP - 00284314 6/24/2009 DEER CREEK CAR CARE CENTER 495.00 AP - 00284315 6/24/2009 DELLHIME, SIGMUND 45.98 AP - 00284317 6/24/2009 DESIGN R CONSTRUCTION RESOURCES 56.95 AP - 00284318 6/24/2009 DESIGNIT INC 322.99 AP - 00284319 6/24/2009 DEVRIES PEST CONTROL INC. 250.00 AP - 00284319 6/24/2009 DEVRIES PEST CONTROL INC. 250.00 AP - 00284320 6/24/2009 DIAMOND ENVIRONMENTAL SERVICES 203.85 AP - 00284321 6/24/2009 DRAMATIC PUBLISHING 127.50 AP - 00284321 6/24/2009 DRAMATIC PUBLISHING 2,000.00 AP - 00284321 6/24/2009 DRAMATIC PUBLISHING 8.05 AP - 00284322 6/24/2009 DUNN EDWARDS CORPORATION 105.03 AP - 00284322 6/24/2009 DUNK EDWARDS CORPORATION 181.02 AP - 00284322 6/24/2009 DUNN EDWARDS CORPORATION 256.72 AP - 00284322 6/24/2009 DUNN EDWARDS CORPORATION 20.55 AP - 00284323 6/24/2009 DUNN, ANNE MARIE 45.00 AP - 00284323 6/24/2009 DUNN, ANNE MARIE 66.00 AP - 00284323 6/24/2009 DUNN, ANNE MARIE 66.00 AP - 00284323 6/24/2009 DUNN, ANNE MARIE 60.00 AP - 00284323 6/24/2009 DUNK, ANNE MARIE 45.00 AP - 00284323 6/24/2009 DUNN, ANNE MARIE 156.00 AP - 00284324 6/24/2009 DUPON, CAROLINE 60.00 AP - 00284325 6/24/2009 EASTERLING, RAY 300.00 AP - 00284326 6/24/2009 EIGHTH AVENUE ENTERPRISE LLC 204.45 AP - 00284327 6/24/2009 ELEPHANT CRANE SERVICE [NC. 450.00 AP - 00284328 6/24/2009 ELLIS ENTERPRISES 2,565.00 AP - 00284328 6/24/2009 ELLIS ENTERPRISES 150.00 AP - 00284328 6/24/2009 ELLIS ENTERPRISES 75.00 AP - 00284328 6/24/2009 ELLIS ENTERPRISES 330.00 AP - 00284328 6/24/2009 ELLIS ENTERPRISES 50.00 AP - 00284328 6/24/2009 ELLIS ENTERPRISES ] 10.00 AP - 00284328 6/24/2009 ELLIS ENTERPRISES 50.00 AP - 00284329 6/24/2009 ELLISON EDUCATIONAL EQUIPMENT INC 77.22 AP - 00284331 6/24/2009 EMCOR SERVICE 794.00 AP - 00284333 6/24/2009 EP CONTAINER CORP. 2,021.10 AP - 00284334 6/24/2009 EWING IRRIGATION PRODUCTS 96.92 AP - 00284334 6/24/2009 EWING IRRIGATION PRODUCTS 180.74 AP - 00284334 6/24/2009 EWING IRRIGATION PRODUCTS 87.78 AP - 00284334 6/24/2009 EWING IRRIGATION PRODUCTS 734.06 AP - 00284334 6/24/2009 EWING IRRIGATION PRODUCTS 1,125.56 AP - 00284335 6/24/2009 FASTENAL COMPANY 13.87 P25 User: VLOPEZ -Veronica Lopez Page: 9 Current Date: 07/08/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 1754:0 CITY OF RANCHO CUCAMONGA Agenda Check Register 6/24/2009 through 7/7/2009 Check No. Check Date Vendor Name Amount AP - 00284335 6!24/2009 FASTENAL COMPANY 201.42 AP - 00284336 6/24/2009 FIRE TRUCKS PLUS 74.24 AP - 00284338 6/24/2009 FOOTHILL FAMILY SHELTER 405.00 AP - 00284340 6/24/2009 FORD OF UPLAND INC 105.22 AP - 00284340 6/24/2009 FORD OF UPLAND INC 33.04 AP - 00284340 6/24/2009 FORD OF UPLAND INC 306.28 AP - 00284340 6/24/2009 FORD OF UPLAND INC 153.14 AP - 00284341 6/24/2009 FORTEL TRAFFIC INC. 400.00 AP - 00284341 6/24/2009 FORTEL TRAFFIC INC. 300.00 AP - 00284341 6/24/2009 FORTEL TRAFFIC INC. 764.68 AP - 00284343 6/24/2009 GAIL MATERIALS 616.91 AP - 00284343 6/24/2009 GAIL MATERIALS 166.47 AP - 00284343 6/24/2009 GAIL MATERIALS 1,050.00 AP - 00284343 6/24/2009 GAIL MATERIALS 525.00 AP - 00284343 6/24/2009 GAIL MATERIALS 328.78 AP - 00284343 6/24/2009 GAIL MATERIALS 3,559.75 AP - 00284345 6/24/2009 GEMPLERS INC 155.00 AP - 00284345 6/24/2009 GEMPLERS INC 18.85 AP - 00284347 6/24/2009 GETTINGER, NANCY 160.00 AP - 00284348 6/24/2009 GHB PRODUCTIONS 1;250.00 AP - 00284349 6/24/2009 GRAFFITI TRACKER INC 2,500.00 AP - 00284350 6/24/2009 GRAINGER 131.59 AP - 00284350 6/24/2009 GRAINGER 566.95 AP - 00284351 6/24/2009 GRANT III, VINCENT 480.00 AP - 00284352 6/24/2009 GREEN GENIE 250.00 AP - 00284352 6/24/2009 GREEN GENIE 250.00 AP - 00284352 6/24/2009 GREEN GENIE 763.75 AP - 00284352 6/24/2009 GREEN GENIE 494.25 AP - 00284352 6/24/2009 GREEN GENIE 415.00 AP - 00284353 6/24/2009 GYROSCOPE INC 27,415.00 AP - 00284354 6/24/2009 HAY, SHARYN 63.00 AP - 00284354 6/24/2009 HAY, SHARYN 75.00 AP - 00284356 6/24/2009 HEATH & ASSOCIATES, RICHARD 7,778.25 AP - 00284356 6/24/2009 HEATH & ASSOCIATES, RICHARD 4,329.50 AP - 00284356 6/24/2009 HEATH & ASSOCIATES, RICHARD 2,500.00 AP - 00284356 6/24/2009 HEATH & ASSOCIATES, RICHARD 2,740.00 AP - 00284358 6/24/2009 HILLS PET NUTRITION SALES INC 362.87 AP - 00284358 6/24/2009 HILLS PET NUTRITION SALES INC 454.64 AP - 00284359 6/24/2009 HOLLIDAY ROCK CO INC 782.91 AP - 00284359 6/24/2009 HOLLIDAY ROCK CO INC 100.00 AP - 00284359 6/24/2009 HOLLIDAY ROCK CO INC 50.00 AP - 00284359 6/24/2009 HOLLIDAY ROCK CO INC 450.77 AP - 00284359 6/24/2009 HOLLIDAY ROCK CO INC 2,015.19 AP - 00284359 6/24/2009 HOLLIDAY ROCK CO INC 100.00 AP - 00284359 6/24/2009 HOLLIDAY ROCK CO INC 752.61 AP - 00284359 6/24/2009 HOLLIDAY ROCK CO INC 1,229.09 AP - 00284359 6/24/2009 FIOLLIDAY ROCK CO INC 1.17 AP - 00284359 6/24/2009 HOLLIDAY ROCK CO INC 64.98 AP - 00284359 6/24/2009 HOLLIDAY ROCK CO INC 400.00 AP - 00284359 6/24/2009 HOLLIDAY ROCK CO INC 60.79 AP - 00284359 6/24/2009 HOLLIDAY ROCK CO INC 50.00 AP - 00284360 6/24/2009 HOLT, WILLIAM 810.00 AP - 00284360 6/24/2009 HOLT, WILLIAM 770.00 AP - 00284361 6/24/2009 HOME DEPOT CREDIT SERVICES 20.84 P26 User: VLOPEZ -Veronica Lopez Page: 10 Current Date: 07/08/200 Report:Cl:_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 17:54:0 CITY OF RANCHO CUCAMONGA P27 Agenda Check Register 6/24/2009 through 7/7/2009 Check No. Check Date Vendor Name Amount AP - 00284364 6/24/2009 HULLABALOO 400.00 AP - 00284365 6/24/2009 HYDROSCAPE PRODUCTS INC 19.92 AP - 00284366 6/24/2009 HYDROSCAPE PRODUCTS INC 26.81 AP - 00284368 6/24/2009 IMPERIAL SPRINKLER SUPPLY INC 214.46 AP - 00284368 6/24/2009 IMPERIAL SPRINKLER SUPPLY INC -31.45 AP - 00284368 6/24/2009 IMPERIAL SPRINKLER SUPPLY INC 264.50 AP - 00284369 6/24/2009 IMSA 220.00 AP - 00284370 6/24/2009 INLAND EMPIRE WEEKLY 328.00 AP - 00284371 6/24/2009 INLAND EMPIRE YOUTH BALLET 421.85 AP - 00284372 6/24/2009 INLAND PRESORT & MAILING SERVICES 120.74 AP - 00284373 6/24/2009 INLAND VALLEY RV SERVICE & SUPPLIES 21.19 AP - 00284374 6/24/2009 INSIGHT 2,000.00 AP - 00284374 6/24/2009 INSIGH'T' 1,488.94 AP - 00284375 6/24/2009 INTERWEST CONSULTING GROUP INC 2,565.00 AP - 00284376 6/24/2009 INTRAVAIA ROCK AND SAND INC 239.25 AP - 00284377 6/24/2009 IRON MOUNTAIN OSDP 1,455.11 AP - 00284378 6/24/2009 J D CONSTRUCTION CO 1,000.00 AP - 00284379 6/24/2009 JONES AND MAYER, LAW OFFICES OF 8,688.22 AP - 00284380 6/24/2009 KATZ OUTDOOR FITNESS 201.60 AP - 00284380 6/24/2009 KATZ OUTDOOR FITNESS 108.00 AP - 00284381 6/24/2009 KELLER, JOHN D. 1,003.00 AP - 00284382 6/24/2009 KENT HARRIS TRUCKING & MATERIALS 28328 AP - 00284382 6/24/2009 KENT HARRIS TRUCKING & MATERIALS 445.31 AP - 00284386 6/24/2009 KORANDA CONSTRUCTION 2,550.00 AP - 00284387 6/24/2009 KVCR EDUCATIONAL FOUNDATION 5,000.00 AP - 00284388 6/24/2009 KVH ENTERPRISES 471.00 AP - 00284390 6/24/2009 LAKESHORE LEARNING MATERIALS 966.37 AP - 00284392 6/24/2009 LAWSON PRODUCTS INC 929.40 AP - 00284392 6/24/2009 LAWSON PRODUCTS INC 1,043.22 AP - 00284392 6/24/2009 LAWSON PRODUCTS INC 673.63 AP - 00284394 6/24/2009 LEMAR PRODUCTIONS 840.00 AP - 00284396 6/24/2009 LIFETOUCH PUBLISHING NC 304.29 AP - 00284397 6/24/2009 LITTLE BEAR PRODUCTIONS 150.00 AP - 00284397 6/24/2009 LITTLE BEAR PRODUCTIONS 162.50 AP - 00284397 6/24/2009 LITTLE BEAR PRODUCTIONS 162.50 AP - 00284397 6/24/2009 LITTLE BEAR PRODUCTIONS 162.50 AP - 00284397 6/24/2009 LITTLE BEAR PRODUCTIONS 162.50 AP - 00284397 6/24/2009 LITTLE BEAR PRODUCTIONS 162.50 AP - 00284397 6/24/2009 LITTLE BEAR PRODUCTIONS 162.50 AP - 00284398 6/24/2009 LUNGREN, JON 700.00 AP - 00284398 6/24/2009 LUNGREN, JON 700.00 AP - 00284399 6/24/2009 MACIAS GINI & O'CONELL LLP 2,480.00 AP - 00284400 6/24/2009 MAIN STREET SIGNS 665.34 AP - 00284400 6/24/2009 MAIN STREET SIGNS 116.57 AP - 00284401 6/24/2009 MANELA, ROSIE 82.50 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 484.34 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 304.52 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 72.53 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 1,328.48 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 587.54 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 2,323.10 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 1,930.05 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 3,022.47 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 870.74 User: VLOPEZ -Veronica Lopez Page: I1 Current Date: 07/08/200 Repor[:CK_AGENDA_REG_PORTRAIT RC - CK: Agenda Check Register Portrait Layout Time: 17:54:0 CITY OF RANCHO CUCAMONGA Asenda Check Resister 6/24/2009 through 7/7/2009 Check No. Check Date Vendor Name Amount AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 1,181.84 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 5,059.08 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 6,578.73 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 15,998.12 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 587.54 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 2,323.10 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 3,754.44 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 8,827.46 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 1,910.52 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 5,511.22 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 3,988.67 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 141.57 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 45.35 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 223.84 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 1,930.05 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 3,022.47 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 870.74 AP - 00254403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 1,181.84 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 5,059.08 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 6,578.73 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 15,998.12 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 21,601.82 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT 1NC 9,718.59 AP - 00284403 6/24/2009 MARIPOSA HORTICULTURAL ENT INC 70.24 AP - 00284404 6/24/2009 MARQUETTE COMMERCIAL FINANCE 1,451.81 AP - 00284404 6/24/2009 MARQUEI'TE COMMERCIAL FINANCE 1,375.69 AP - 00284405 6/24/2009 MERIAL LIMITED 1,288.76 AP - 00284406 6/24/2009 MERITAGE HOMES OF CALIFORNIA 43.58 AP - 00284407 6/24/2009 MICRO WORLD 3,829.50 AP - 00284408. 6/24/2009 MIDDLE R[DGE INC 375.00 AP - 00284409 6/24/2009 MIDWEST TAPE 2,422.13 AP - 00284409 6/24/2009 MIDWEST TAPE 63.88 AP - 00284409 6/24/2009 MIDWEST TAPE 99.97 AP - 00284409 6/24/2009 MIDWEST TAPE 36.98 AP - 00284409 6/24/2009 MIDWEST TAPE 63.88 AP - 00284409 6/24/2009 MIDWEST TAPE 128.93 AP - 00284409 6/24/2009 MIDWEST TAPE 1,189.23 AP - 00284409 6/24/2009 MIDWEST TAPE 24.98 AP - 00284409 6/24/2009 MIDWEST TAPE 65.75 AP - 00284409 6/24/2009 MIDWEST TAPE 44.98 AP - 00284409 6/24/2009 MIDWEST TAPE 36.57 AP - 00284410 6/24/2009 MUNSON, MICHELLE 54.99 AP - 00284410 6/24/2009 MUNSON, MICHELLE -400.00 AP - 00284410 6/24/2009 MUNSON, MICHELLE 400.81 AP - 00284410 6/24/2009 MUNSON, MICHELLE 13.00 AP - 0028441 I 6/24/2009 MWI VETERINARY SUPPLY 4,529.69 AP - 00284411 6/24/2009 MWI VETERINARY SUPPLY 70.60 AP - 00284413 6/24/2009 NEC UNIFIED SOLUTIONS INC 591.00 AP - 00284414 6/24/2009 NEXTG NETWORKS INC 10,000.00 AP - 00254414 6/24/2009 NEXTG NETWORKS INC 10,000.00 AP - 00284415 6/24/2009 NUNEZ, GAMALIEL 45.00 AP - 00284416 6/24/2009 OCCUPATIONAL HEALTH CENTERS OF CALIFO 73.00 AP - 00284417 6/24/2009 OFFICE DEPOT 27.05 AP - 00284417 6/24/2009 OFFICE DEPOT 53.92 P28 User: VLOPEZ -Veronica Lopez Page: 12 Current Date: 07/08/200 Report:CK_AGENDA_REG_PORTRAIT RC - CK: Agenda Check Register Portrait Layout Time: 17:54:0 CITY OF RANCHO CUCAMONGA P29 Agenda Check Register 6/24/2009 through 7/7/2009 _ Check No. Check Date Vendor Name Amount AP - 00284417 6/24/2009 OFFICE DEPOT 497.64 AP - 00284417 6/24/2009 OFFICE DEPOT 71.51 AP - 00284417 6/24/2009 OFFICE DEPOT 21.46 AP - 00284417 6/24/2009 OFFICE DEPOT 59.82 AP - 00284417 6/24/2009 OFFICE DEPOT -59.82 AP - 00284417 6/24/2009 OFFICE DEPOT 48.96 AP - 00284417 6/24/2009 OFFICE DEPOT 195.46 AP - 00284417 6/24/2009 OFFICE DEPOT -100.42 AP - 00284417 6/24/2009 OFFICE DEPOT 82.64 AP - 00284417 6/24/2009 OFFICE DEPOT 75.82 AP - 00284417 6/24/2009 OFFICE DEPOT 284.00 AP - 00284417 6/24/2009 OFFICE DEPOT 96.24 AP - 00284417 6/24/2009 OFFICE DEPOT 32.73 AP - 00284417 6/24/2009 OFFICE DEPOT 348.12 AP - 00284417 6/24/2009 OFFICE DEPOT 55.66 AP - 00284417 6/24/2009 OFFICE DEPOT 127.43 AP - 00284417 6/24/2009 OFFICE DEPOT 113.27 AP - 00284417 6/24/2009 OFFICE DEPOT 160.66 AP - 00284417 6/24/2009 OFFICE DEPOT 1.81 AP - 00284417 6/24/2009 OFFICE DEPOT 1273 AP - 00284417 6/24/2009 OFFICE DEPOT 147.33 AP - 00284417 6/24/2009 OFFICE DEPOT 425.67 AP - 00284417 6/24/2009 OFFICE DEPOT 32.67 AP - 00284417 6/24/2009 OFFICE DEPOT 1.15 AP - 00284418 6/24/2009 OMJC SIGNAL INC 3,055.26 AP - 00284419 6/24/2009 ONTRAC 10.08 AP - 00284420 6/24/2009 ORCHARD SUPPLY HARDWARE 64.16 AP - 00284420 6/24/2009 ORCHARD SUPPLY HARDWARE 207.21 AP - 00284420 6/24/2009 ORCHARD SUPPLY HARDWARE 64.92 AP - 00284420 6/24/2009 ORCHARD SUPPLY HARDWARE 97.86 AP - 00284420 6/24/2009 ORCHARD SUPPLY HARDWARE 8.68 AP - 00284420 6/24/2009 ORCHARD SUPPLY HARDWARE 38.04 AP - 00284420 6/24/2009 ORCHARD SUPPLY HARDWARE 75.04 AP - 00284420 6/24/2009 ORCHARD SUPPLY HARDWARE 66.32 AP - 00284420 6/24/2009 ORCHARD SUPPLY HARDWARE 30.77 AP - 00284420 6/24/2009 ORCHARD SUPPLY HARDWARE 15.63 AP - 00284420 6/24/2009 ORCHARD SUPPLY HARDWARE 69.90 AP - 00284420 6/24/2009 ORCHARD SUPPLY HARDWARE 21.29 AP - 00284420 6/24/2009 ORCHARD SUPPLY HARDWARE 3.35 AP - 00284420 6/24/2009 ORCHARD SUPPLY HARDWARE 8.59 AP - 00284420 6/24/2009 ORCHARD SUPPLY HARDWARE 10.82 AP - 00284420 6/24/2009 ORCHARD SUPPLY HARDWARE -75.04 AP - 00284420 6/24/2009 ORCHARD SUPPLY HARDWARE 28.25 AP - 00284420 6/24/2009 ORCHARD SUPPLY HARDWARE 3.23 AP - 00284420 6/24/2009 ORCHARD SUPPLY HARDWARE 7472 AP - 00284420 6/24/2009 ORCHARD SUPPLY HARDWARE 26.90 AP - 00284420 6/24/2009 ORCHARD SUPPLY HARDWARE 43.28 AP - 00284420 6/24/2009 ORCHARD SUPPLY HARDWARE 87.94 AP - 00284420 6/24/2009 ORCHARD SUPPLY HARDWARE 46.31 AP - 00284421 6/24/2009 OTT, LAURA 456.00 AP - 00284421 6/24/2009 OTT, LAURA 123.50 AP - 00284421 6/24/2009 OTT, LAURA 240.00 AP - 00284422 6/24/2009 OTT, SHARON 255.00 AP - 00284422 6/24/2009 OTT, SHARON 330.00 User: VLOPEZ -Veronica Lopez Page: 13 Current Date: 07/08/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 17:54:0 CITY OF RANCHO CUCAMONGA Agenda Check Register 6/24/2009 through 7/7/2009 Check No. Check Date Vendor Name Amount AP - 00284423 6/24/2009 PACIFIC PRODUCTS AND SERVICES 986.56 AP - 00284424 6/24/2009 PARKER, BRITTANY 225.00 AP - 00284425 6/24/2009 PARS 10,500.00 AP - 00284426 6/24/2009 PATTON SALES CORP 5.18 AP - 00284427 6/24/2009 PEP BOYS 2782 AP - 00284427 6/24/2009 PEP BOYS 62.39 AP - 00284428 6/24/2009 PIEPHQ RICHARD 63.00 AP - 00284429 6/24/2009 PIRANHA POOL & SPA CONSTRUCTORS INC 350.00 AP - 00284430 6/24/2009 PITASSI ARCHITECTS INC 322.50 AP - 00284431 6/24/2009 PLANNING CENTER, THE 5,494.14 AP - 00284432 6/24/2009 PORAC LEGAL DEFENSE FUND 114.00 AP - 00284433 6/24/2009 PORAC 210.00 AP - 00284434 6/24/2009 PRESS ENTERPRISE 3,186.00 AP - 00284435 6/24/2009 PROPAC 8,445.00 AP - 00284435 6/24/2009 PROPAC 1,550.00 AP - 00284436 6/24/2009 PYRO SPECTACULARS INC 20,000.00 AP - 00284439 6/24/2009 RAINES, AMY M 175.00 AP - 00284439 6/24/2009 RAINES, AMY M 650.00 AP - 00284440 6/24/2009 RANCHO CUCAMONGA HIGH SCHOOL 500.00 AP - 00284441 6/24/2009 RANCHO CUCAMONGA QUAKES PROFESSIONP 5,060.00 AP - 00284442 6/24/2009 RANCHO CUCAMONGA QUAKES PROFESSION? 500.00 AP - 00284443 6/24/2009 RANDOM HOUSE INC 53.12 AP - 00284443 6/24/2009 RANDOM HOUSE INC 87.92 AP - 00284443 6/24/2009 RANDOM HOUSE INC 158.44 AP - 00284444 6/24/2009 RBF CONSULTING 1,300.01 AP - 00284445 6/24/2009 RBM LOCK AND KEY SERVICE 11.96 AP - 00284446 6/24/2009 RECORDED BOOKS LLC 15.12 AP - 00284447 6/24/2009 RED WING SHOE STORE 189.48 AP - 00284450 6/24/2009 RINGSTAD & SANDERS LLP 2,274.90 AP - 00254451 6/24/2009 RIPPETOE MILES LLP 5,790.92 AP - 00284451 6/24/2009 RIPPETOE MILES LLP 158.32 AP - 00284451 6/24/2009 RIPPETOE MILES LLP 2,527.40 AP - 00284451 6/24/2009 RIPPETOE MILES LLP 1.45 AP - 00284452 6/24/2009 RK DIVERSIFIED ENTERTAINMENT INC 3,800.00 AP - 00284454 6/24/2009 SAFELITE FULFILLMENT INC 175.00 AP - 00284456 6/24/2009 SAX 4 GOD PRODUCTIONS 100.00 AP - 00284458 6/24/2009 SENECHAL, CALVIN 97.80 AP - 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00284460 6/24/2009 SHRED IT 17.00 AP - 00284460 6/24/2009 SHRED IT 17.00 AP - 00284461 6/24/2009 SILVER, EDNA 520.00 AP - 00284461 6/24/2009 SILVER, EDNA 520.00 AP - 00284462 6/24/2009 SIMPLOT PARTNERS 3,271.85 AP - 00284462 6/24/2009 SIMPLOT PARTNERS 3,190.18 AP - 00284463 6/24/2009 SO CALIF GAS COMPANY 10.85 AP - 00284464 6/24/2009 SOCIAL VOCATIONAL SERVICES 1,686.00 AP - 00284464 6/24/2009 SOCIAL VOCATIONAL SERVICES 735.00 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 40.49 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 57.39 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 19.20 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 58.89 AP - 00284472 6/24/2009 SOUTHERN CALIFORNL4 EDISON 70.40 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 20.48 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 21.89 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 20.30 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 20.68 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 19.20 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 11.74 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 21.42 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 34.56 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 20.14 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 19.78 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 21.12 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 174.27 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 18.90 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 52.61 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 51.92 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 84.09 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 53.93 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 20.48 AP - 00284472 6/24/2009 SOUTHERN CALIFOIL\11A EDISON 47.77 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 41.25 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 73.36 AP - 00284472 6/24/2009 SOUTFERN CALIFORNIA ED[SON 5,075.70 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 20.64 AP - 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CK: Agenda Check Register Pomait Layout Time: 17:54:0 CITY OF RANCHO CUCAMONGA Agenda Check Resister 6/24/2009 through 7/7/2009 Check No. Check Date Vendor Name Amount AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 106.90 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 22.06 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 20.48 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 21.12 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 61.28 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 21.52 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 21.36 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 20.64 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 21.36 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 20.64 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 20.64 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 20.11 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 19.44 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 21.88 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 75.92 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 70.47 AP - 00284472 6/24/2009 SOUTHERN` CALIFORNIA EDISON 87.75 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 20.64 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 25.19 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 19.20 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 67.44 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 58.34 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 73 14 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 118.55 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 93.86 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 24.05 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 20.82 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 79.41 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 20.48 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 18.73 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 20.30 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 296.3 t AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 10.49 AP - 00284472 6/24/2009 SOUTHERNI CALIFORNIA EDISON 1856 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 20.14 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 19.50 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 19.20 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 54.81 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 20.48 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 74.57 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 19.44 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 82.29 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 141.16 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 46.65 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 72.95 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON ] 08.15 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 22.73 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 19.20 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA ED[SON 76.51 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 20.48 P32 User: VLOPEZ -Veronica Lopez Page: 16 Current Date: 07/08/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 17:54:0 CITY OF RANCHO CUCAMONGA P33 Asenda Check Resister 6/24/2009 through 7/7/2009 Check No. Check Date Vendor Name Amount AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 145.82 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 20.45 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 21.25 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 27.18 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 34.13 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 21.12 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 325.87 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 238.73 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 22.39 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 20 48 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 20.48 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 20.48 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 53.22 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 20.98 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 345.25 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 604.22 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 848.87 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 19.46 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 19.02 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 18.30 AP - 00284472 6/24/2009 SOUTHERN CALIFOINIA EDISON 21.32 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 41.76 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 76.72 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 21.1 I AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 4959 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 20.48 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 21.61 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 23.16 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 21.12 AP - 00284472 6/24/2009 SOUTHERN' CALIFORNIA EDISON 21.12 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 127.22 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 217.65 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 78.90 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 92.49 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 33.16 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 27.12 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 19.20 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 21.12 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 40.90 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 56.12 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 78.68 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 7,859.38 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 30.81 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 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CK: Agenda Check Register Pomait Layout Time: 17:54:0 CITY OF RANCHO CUCAMONGA P36 Agenda Check Reilister 6/24/2009 through 7/7/2009 Check No. Check Date Vendor Name Amount AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 41.54 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00284472 6/24/2009 SOUTHERN CALIFORNIA EDISON 74.81 AP - 00284473 6/24/2009 SOUTHERN CALIFORNIA RISK MANAGEMENT. 11,637.50 AP - 00284474 6/24/2009 SOUTHLAND SPORTS OFFICIALS 1,012.00 AP - 00284475 6/24/2009 SSDC LEAGUE HEALTH FUND 750.00 AP - 00284476 6/24/2009 SSDC LEAGUE PENSION FUND 240.80 AP - 00284477 6/24/2009 STEELWORKERS OLDTIMERS FOUNDATION 3,000.00 AP - 00284478 6/24/2009 STEINFELD, YAEL 144.00 AP - 00284479 6/24/2009 STERICYCLE INC 1,027.00 AP - 00284480 6/24/2009 STERLING COFFEE SERVICE 306.32 AP - 00284480 6/24/2009 STERLING COFFEE SERVICE 105.10 AP - 00284480 6/24/2009 STERLING COFFEE SERVICE 211.98 AP - 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00284491 6/24/2009 VERIZON 75.25 AP - 00284491 6/24/2009 VERIZON 87.93 AP - 00284491 6/24/2009 VERIZON 54.08 AP - 00284491 6/24/2009 VERIZON 20.27 AP - 00284491 6/24/2009 VERIZON 35.04 AP - 00284491 6/24/2009 VERIZON 70.08 AP - 00284491 6/24/2009 VERIZON 35.51 AP - 00284491 6/24/2009 VERIZON 19.96 AP - 00284491 6/24/2009 V ERIZON 87.93 AP - 00284491 6/24/2009 VERIZON 87.93 AP - 00284491 6/24/2009 VERIZON 35.04 AP - 00284491 6/24/2009 VERIZON 38.01 AP - 00284491 6/24/2009 VERIZON 154.12 AP - 00284491 6/24/2009 VERIZON 19.96 AP - 00284491 6/24/2009 VERIZON 46.83 AP - 00254491 6/24/2009 VERIZON 46.83 AP - 00284491 6/24/2009 VERIZON 35.04 AP - 00284491 6/24/2009 VERIZON 140.17 AP - 00284491 6/24/2009 VERIZON 108.49 AP - 00284491 6/24/2009 VERIZON 167.44 AP - 00284491 6/24/2009 VERIZON 70.08 AP - 00284491 6/24/2009 VERIZON 653.83 AP - 00284492 6/24/2009 WALTERS WHOLESALE ELECTRIC CO 1,305.17 AP - 00284493 6/24/2009 WEIR,IEWELL 495.00 AP - 00284494 6/24/2009 WHITE CAP CONSTRUCTION SUPPLY 483.80 AP - 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00284507 7/1/2009 CAPIO 175.00 AP - 00284508 7/1/2009 CHILD SUPPORT ENFORCEMENT DIVISION 175.00 AP - 00284509 7/1/2009 CITIZENS BUSINESS BANK ARENA 3,310.00 AP - 00284509 7/1/2009 CITIZENS BUSINESS BANK ARENA 585.00 AP - 00284510 7/1/2009 CLABBY, SANDRA 1,000.00 AP - 00284511 7/1/2009 CONTINENTAL AMERICAN INSURANCE COMPe 140.55 AP - 00284512 7/1/2009 CONTINENTAL AMERICAN INSURANCE COMP[ 16.39 AP - 00284513 7/1/2009 DENTAL HEALTH SERVICES 133.20 AP - 00284514 7/1/2009 DIAMOND ENVIRONMENTAL SERVICES 3,686.30 AP - 00284515 7/1/2009 EDFUND 164.91 AP - 00284516 7/1/2009 EMPLOYMENT DEVELOPMENT DEPT. 409.02 P37 User: VLOPEZ -Veronica Lopez Page: 21 Current Date: 07/08/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 17:54:0 CITY OF RANCHO CUCAMONGA Agenda Check Register 6/24/2009 through 7/7/2009 Check No. Check Date Vendor Name AP - 00284517 7/1/2009 FLAG SYSTEMS,INC. AP - 00284518 7/1/2009 FRANKLIN HAYNES MARIONETTES AP - 00284518 7/1/2009 FRANKLIN HAYNES MARIONETTES AP - 00284519 7/1/2009 GUARDIAN AP - 00284520 7/1/2009 ICMA AP - 00284521 7/1/2009 INLAND VALLEY DAILY BULLETIN AP - 00284522 7/1/2009 KAISER FOUNDATION HEALTH PLAN INC AP - 00284522 7/1/2009 KAISER FOUNDATION HEALTH PLAN INC AP - 00284522 7/1/2009 KAISER FOUNDATION HEALTH PLAN INC AP - 00284523 7/1/2009 KAWAMOTO, WAYNE AP - 00284523 7/1/2009 KAWAMOTO, WAYNE AP - 00284524 7/1/2009 LOS ANGELES TIMES AP - 00284525 7/1/2009 MISAC AP - 00284526 7/1/2009 MUSICIAN SERVICES AP - 00284527 7/1/2009 OBS AUDIO AP - 00284528 7/1/2009 ODLE, DWIGHT RICHARD AP - 00284529 7/1/2009 PAL CAMPAIGN AP - 00284530 7/1/2009 PRE-PAID LEGAL SERVICES INC AP - 00284530 7/1/2009 PRE-PAID LEGAL SERVICES INC AP - 00284531 7/1/2009 PRINCIPAL LIFE AP - 00284532 7/1/2009 RCPFA AP - 00284533 7/1/2009 RWB PARTY PROPS INC AP - 00284534 7/1/2009 SAN BERNARDINO CTY FIRE DEPARTMENT AP - 00284535 7/1/2009 SBPEA AP - 00284536 7/1/2009 SCOTT, DIANA AP - 00284537 7/]/2009 SHERIFFS COURT SERVICES AP - 00284538 7/1/2009 SHERIFFS COURT SERVICES AP - 00284539 7/1/2009 SHERIFFS COURT SERVICES AP - 00284540 7/1/2009 SHERIFFS COURT SERVICES AP - 00284541 7/1/2009 SHERIFFS COURT SERVICES AP - 00284542 7/1/2009 SLJ PRO AUDIO SERVICES SEAN JONES AP - 00284543 7/1/2009 SOUTHEILN CALIFORNIA ASSOC OF GOVERNM AP - 00284544 7/1/2009 STOFA, JOSEPH AP - 00284545 7/1/2009 UNITED STATES POSTAL SERVICE AP - 00284546 7/1/2009 UNITED WAY AP - 00284546 7/1/2009 UNITED WAY AP - 00284547 7/1/2009 VISION SERVICE PLAN CA AP - 00284548 7/1/2009 WE TIP INC AP - 00284549 7/1/2009 A & B BUS COMPANY AP - 00284550 7/1/2009 AA EQUIPMENT RENTALS CO INC AP - 00284551 7/1/2009 ABC LOCKSMITHS _ .AP,00284551_ _ 7/1/2009 ABC.LOCKSMITHS __ _ AP - 00284551 7/1/2009 ABC LOCKSMITHS AP - 00284551 7/1/2009 ABC LOCKSMITHS AP - 00284551 7/1/2009 ABC LOCKSMITHS AP - 00284552 7/1/2009 ABLETRONICS AP - 00284553 7/1/2009 ABLETRONICS AP - 00284554 7/1/2009 ADAPT CONSULTING INC AP - 00284555 7/1/2009 ADDINGTON, MATTHEW AP - 00284558 7/1/2009 ALL CITY MANAGEMENT SERVICES INC. AP - 00284558 7/1/2009 ALL CITY MANAGEMENT SERVICES INC. AP - 00284560 7/1/2009 AMARIN, NANCY AP - 00284561 7/1/2009 ARBOR NURSERY PLUS AP - 00284562 7/1/2009 ARVISO, JEANEAN User: VLOPEZ -Veronica Lopez Page: 22 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout P38 Amount 2,350.00 250.00 250.00 3,650.08 1,446.34 35.00 137,691.45 2,774.43 1,407.03 125.00 125.00 46.40 440.00 900.00 375.00 1,406.00 82.00 255.09 11.40 2,150.50 8,532.45 1,250.00 51,035.50 913.77 375.00 150.00 65.00 388.91 150.00 109.61 1,800.00 ] 4,563.00 12.00 9,000.00 11.00 251.82 10,292.64 7,7ao.oo 725.00 ],016.79 39.23 __ 21.75 52.20 37.94 117 43 82.87 70.77 416.72 75.00 20,630.45 20,630.45 80.00 747.1 I 45.00 Current Date: 07/08/200 Time: 17:54:0 CITY OF RANCHO CUCAMONGA Agenda Check Reeister 6/24/2009 through 7/7/2009 Check No. Check Date Vendor Name Amoun[ AP - 00284563 7/1/2009 ASSI SECURITY 125.00 AP - 00284563 7/1/2009 ASST SECURITY 105.00 AP - 00284563 7/1/2009 ASSI SECURITY 880.00 AP - 00284563 7/1/2009 ASSI SECURITY 165.00 AP - 00284563 7/1/2009 ASST SECURITY 531.00 AP - 00284564 7/1/2009 ATRIA DEL REY 200.00 AP - 00284565 7/1/2009 AUFBAU CORPORATION 6,259.60 AP - 00284565 7/1/2009 AUFBAU CORPORATION 404.40 AP - 00284565 7/1/2009 AUFBAU CORPORATION 2,000.00 AP - 00284565 7/1/2009 AUFBAU CORPORATION 1,000.00 AP - 00284565 7/1/2009 AUFBAU CORPORATION 1,000.00 AP - 00284565 7/1/2009 AUFBAU CORPORATION 500.00 AP - 00284565 7/1/2009 AUFBAU CORPORATION 500.00 AP - 00284565 7/1/2009 AUFBAU CORPORATION 2,000.00 AP - 00284565 7/1/2009 AUFBAU CORPORATION 2,000.00 AP - 00284566 7/1/2009 AUTO SPECIALISTS ~ 50.41 AP - 00284566 7/1/2009 AUTO SPECIALISTS 68.94 AP - 00284567 7/1/2009 B AND K ELECTRIC WHOLESALE 293.63 AP - 00284567 7/1/2009 B AND K ELECTRIC WHOLESALE 195.79 AP - 00284568 7/1/2009 BARNES AND NOBLE 907.50 AP - 00284569 7/1/2009 BASELINE SURVEYING INC 11,615.00 AP - 00284569 7/1/2009 BASELINE SURVEYING INC 580.75 AP - 00284570 7/1/2009 BASHIR, YASER 60 00 AP - 00284572 7/1/2009 BEARINGS & DRIVES INC. 300.93 AP-00284574 7/1/2009 BIAGAS,BIANCA 57.50 AP - 00284575 7/1/2009 BRUCE, BRENT 198.00 AP - 00284575 7/1/2009 BRUCE, BRENT 500.00 AP - 00284575 7/1/2009 BRUCE, BRENT 157.00 AP - 00284577 7/1/2009 CAL-STATE RENT A FENCE INC 66.75 AP - 00284578 7/1/2009 CALIFORNIA ELECTRONIC ENTRY 455.00 AP - 00284579 7/1/2009 CALIFORNIA, STATE OF 86.00 AP - 00284579 7/1/2009 CALIFORi\'IA, STATE OF 93.75 AP - 00284579 7/1/2009 CALIFORNIA, STATE OF 9275 AP - 00284579 7/]/2009 CALIFORNIA, STATE OF 93.75 AP-00284580 7/1/2009 CALSENSE 331.88 AP - 00284580 7/1/2009 CALSENSE 314.76 AP - 00284581 7/1/2009 CAMERON WELDING SUPPLY 67.43 AP - 00284584 7/1/2009 CASTILLO, JULIO 90.00 AP - 00284585 7/1/2009 CD PROPERTY SERVICES 335.00 AP - 00284536 7/1/2009 CDW-G 459.90 AP - 00284588 7/1/2009 CHOCK, JOHANNA 32.00 AP-00284589 _.7/1/2009_ CINEVATIVE 6,000.00 AP - 00284589 7/1/2009 CINEVATIVE 4,000.00 AP - 00284590 7/1/2009 CLABBY, JEAN 20.00 AP - 00284591 7/]/2009 CLASSE PARTY RENTALS 302.40 AP - 00284592 7/1/2009 CLEAN STREET INC. 880.00 AP - 00284592 7/1/2009 CLEAN STREET INC. 880.00 AP - 00284594 7/1/2009 CLIMATEC BUILDING TECHNOLOGIES GROUP 485.00 AP - 00284595 7/1/2009 COCHERELL, DOREEN 54.00 AP - 00284595 7/1/2009 COCHERELL, DOREEN 60.00 AP - 00284596 7/1/2009 COMBEE ELECTRIC 85.00 AP - 00284597 7/1/2009 COMP U ZONE 50.00 AP - 00284597 7/1/2009 COMP U ZONE 85.00 AP - 00284597 7/1/2009 COMP U ZONE 85.00 P39 User: VLOPEZ -Veronica Lopez Page: 23 Current Date: 07/08/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 17:54:0 CITY OF RANCHO CUCAMONGA P40 Asenda Check Resister 6/24/2009 through 7/7/2009 " Check No. Check Date Veudor Name Amount AP - 00284597 7/1/2009 COMP U ZONE SS.00 AP - 00284597 7/1/2009 COMP U ZONE 85.00 AP - 00284597 7/1/2009 COMP U ZONE 85.00 AP - 00284597 7/1/2009 COMP U ZONE 85.00 AP - 00284598 7/1/2009 CONCEPT POWDER COATING 335.00 AP - 00284599 7/1/2009 CONSOLIDATED ELECTRICAL DISTRIBUTORS ] 117.99 AP - 00284600 7/1/2009 COPIES & INK PRINTING INC. 91.91 AP - 00284600 7/1/2009 COPIES & INK PRINTING INC. 349.65 AP - 00284601 7/1/2009 CORRAL, ROSEAVIS 40.00 AP - 00284603 7/1/2009 CRESTWOOD CORPORATION 4,750.00 AP - 00284604 7/1/2009 CUCAMONGA VALLEY WATER DISTRICT 1,259.69 AP - 00284604 7/1/2009 CUCAMONGA VALLEY WATER DISTRICT 91.69 AP - 00284604 7/1/2009 CUCAMONGA VALLEY WATER DISTRICT 296.52 AP - 00284604 7/1/2009 CUCAMONGA VALLEY WATER DISTRICT 160.21 AP - 00284604 7/1/2009 CUCAMONGA VALLEY WATER DISTRICT 323.85 AP - 00284604 7/1/2009 CUCAMONGA VALLEY WATER DISTRICT 2,068.OS AP - 00284604 7/1/2009 CUCAMONGA VALLEY WATER DISTRICT 33.47 AP - 00284604 7/1/2009 CUCAMONGA VALLEY WATER DISTRICT 41.08 AP-00284604 7/1/2009 CUCAMONGAVALLEYWATERDISTRICT 219.03 AP - 00284604 7/1/2009 CUCAMONGA VALLEY WATER DISTRICT 98.03 AP - 00284604 7/1/2009 CUCAMONGA VALLEY WATER DISTRICT 662.00 AP - 00284604 7/1/2009 CUCAMONGA VALLEY WATER DISTRICT 290.86 AP - 00284604 7/1/2009 CUCAMONGA VALLEY WATER DISTRICT 187.39 AP - 00284604 7/1/2009 CUCAMONGA VALLEY WATER DISTRICT 229.94 AP - 00284604 7/1/2009 CUCAMONGA VALLEY WATER DISTRICT 62.31 AP - 00284604 7/1/2009 CUCAMONGA VALLEY WATER DISTRICT .62.31 AP - 00284604 7/1/2009 CUCAMONGA VALLEY WATER DISTRICT 219.03 AP - 00284604 7/1/2009 CUCAMONGA VALLEY WATER DISTRICT 503.37 AP - 00284604 7/1/2009 CUCAMONGA VALLEY WATER DISTRICT 27.13 AP - 00284604 7/1/2009 CUCAMONGA VALLEY WATER DISTRICT 28.39 AP - 00284604 7/1/2009 CUCAMONGA VALLEY WATER DISTRICT 999.SS AP-00284604 7/1/2009 CUCAMONGAVALLEYWATERDISTRICT ]49.32 AP - 00284604 7/1/2009 CUCAMONGA VALLEY WATER DISTRICT 178.51 AP - 00284604 7/1/2009 CUCAMONGA VALLEY WATER DISTRICT 508.45 AP - 00284605 7/1/2009 D AND K CONCRETE COMPANY 973.32 AP - 00284607 7/1/2009 DAPPER TIRE CO 402.80 AP - 00284607 7/]/2009 DAPPER TIRE CO 482.73 AP - 00284607 7/1/2009 DAPPER TIRE CO 291.75 AP - 00284607 7/1/2009 DAPPER TIRE CO 825.00 AP-00284608 7/1/2009 DEROSE,JACQUI SS.00 AP - 00284609 7/1/2009 DOWNEY, JENNIFER 7.08 AP.- 00284610 7/1/2009_ . .DRIVERIGHT SCHOOLS _ 42 49_ AP - 00284611 7/1/2009 DUDZIAK, DONNA 50.00 AP - 00284612 7/1/2009 DUMBELL MAN FITNESS EQUIPMENT, THE 201.25 AP - 00284612 7/1/2009 DUMBELL MAN FITNESS EQUIPMENT, THE 172.50 AP - 00284612 7/1/2009 DUMBELL MAN FITNESS EQUIPMENT, THE 230.00 AP - 00284613 7/1/2009 DUNN EDWARDS CORPORATION 219.29 AP - 002846]3 7/1/2009 DUNN EDWARDS CORPORATION S8.SS AP .00284613 7/1/2009 DLJNN EDWARDS CORPORATION 69.64 AP - 00284613 7/1/2009 DUNN EDWARDS CORPORATION 347.14 AP - 00284613 7/1/2009 DUNN EDWARDS CORPORATION 34.65 AP - 00284613 7/1/2009 DUNN EDWARDS CORPORATION 529.19 AP - 00284613 7/1/2009 DUNN EDWARDS CORPORATION 562.43 AP - 00284614 7/1/2009 DURKEL, CAROL 7777 User: VLOPEZ -Veronica Lopez Page: 24 Current Date: 07/08/200 ReporbCK_AGENDA_ REG_PORTRAI T_RC - CK: Agenda Check Register Pomait Layout Time: 17:54:0 CITY OF RANCHO CUCAMONGA Agenda Check Register 6/24/2009 through 7/7/2009 Check No. Check Date Vendor Name ~ Amount P41 AP - 00284615 7/1/2009 DURU, ROSALINE 55.00 AP - 00284616 7/1/2009 EASTER, LINDA 45.83 AP - 00284617 7/1/2009 EBSCO -19.97 AP - 00284617 7/]/2009 EBSCO 22.40 AP - 00284617 7/1/2009 EBSCO 80.08 AP-00284617 7/1/2009 EBSCO -78.00 AP - 00284618 7/1/2009 ELLIS ENTERPRISES 70.00 AP - 00284613 7/1/2009 ELLIS ENTERPRISES 1,000.00 AP - 00284621 7/1/2009 EN POINTE TECHNOLOGIES SALES INC 13,993.00 AP - 00284621 7/1/2009 EN POINTE TECHNOLOGIES SALES INC 952.65 AP-00284622 7/1/2009 ENRIQUEZ,GILBERT 40.00 AP - 00284623 7/1/2009 ETIWANDA INTERMEDIATE SCHOOL 1,000.00 AP - 00284624 7/1/2009 EWING IRRIGATION PRODUCTS 125.23 AP - 00284624 7/1/2009 EWING IRRIGATION PRODUCTS 1,816.94 AP - 00284624 7/1/2009 EWING IRRIGATION PRODUCTS 190.38 AP-00284624 7/1/2009 EWING IRRIGATION PRODUCTS 72.69 AP - 00284625 7/1/2009 EXERCISE EQUIPMENT SERVICE CO. 438.12 AP - 00284626 7/1/2009 FASTENAL COMPANY 57.84 AP - 00284626 7/1/2009 FASTENAL COMPANY 239.13 AP - 00284626 7/1/2009 FASTENAL COMPANY 1,146.06 AP - 00284626 7/1/2009 FASTENAL COMPANY 249.22 AP - 00284626 7/1/2009 FASTENAL COMPANY 8.93 AP - 00284627 7/1/2009 FEDERAL EXPRESS CORP 15.16 AP - 00284627 7/1/2009 FEDERAL EXPRESS CORD 25.12 AP - 00284628 7/1/2009 FENCE CRAFT OF UPLAND INC 101.79 AP - 00284629 7/1/2009 FLEET SERVICES INC. 973.48 AP-00284629 7/1/2009 FLEET SERVICES INC. 1,599.00 AP - 00284630 7/1/2009 FLENNIKEN, REBECCA 35.00 AP - 00284631 7/1/2009 FOLKMANIS INC 287.10 AP - 00284633 7/1/2009 FOREMOST SILKSCREEN AND EMBROIDERY 3,309.87 AP - 00284634 7/1/2009 FUKUSHIMA, JUDITH 1,699.50 AP - 00284635 7/1/2009 GARZA, JOSE 66.00 AP - 00284636 7/1/2009 GEMPLERS INC 275.00 AP - 00284636 7/1/2009 GEMPLERS INC 21.85 AP-00284637 7/]/2009 GEOGRAPHICS 1,746.09 AP - 00284637 7/1/2009 GEOGRAPHICS 1,857.45 AP - 00284637 7/1/2009 GEOGRAPHICS 293.63 AP-00284637 7/1/2009 GEOGRAPHICS 11.31 AP-00284638 7/1/2009 GIAMBRUNO,DAVID 1,200.00 AP - 00284639 7/1/2009 GLOBAL PRESENTER 400.00 AP - 00284639 7/1/2009 GLOBAL PRESENTER 9,120.00 AP - 00284640 7/1/2009 GOLF VENTURES WEST -67.79 AP-00284640 7/1/2009 GOLF VENTURES WEST 147.12 AP - 00284640 7/1/2009 GOLF VENTURES WEST 67.79 AP - 00284641 7/1/2009 GONSALVES AND SON,JOE A 3,000.00 AP - 00284642 7/1/2009 GOOD, DANICA 96.00 AP - 00284643 7/1/2009 GOODWILL OF SOUTHERN CALIF 998.00 AP - 00284644 7/1/2009 GRAINGER 622.97 AP - 00284644 7/1/2009 GRAINGER 33.47 AP - 00284644 7/1/2009 GRAINGER 528 AP - 00284644 7/1/2009 GRAINGER 465.59 AP - 00284644 7/1/2009 GRAINGER 41.55 AP-00284644 7/1/2009 GRAINGER 228.64 AP - 00284644 7/1/2009 GRAINGER _ 65.76 User: VLOPEZ -Veronica Lopez Page: 25 Current Date: 07/08/200 Report:CK_AGENDA REG_PORTRAIT_RC - CK: Aeenda Check Register Pomait Layout Time: 17:54:0 CITY OF RANCHO CUCAMONGA Agenda Check Register 6/24/2009 through 7/7/2009 Check No. Check Date Vendor Name AP - 00284644 7/1/2009 GRAINGER AP - 00284644 7/1/2009 GRAINGER AP-00284644 7/1/2009 GRAEVGER AP - 00284644 7/1/2009 GRAINGER AP - 00284644 7/1/2009 GRAINGER AP - 00284644 7/1/2009 GRAINGER AP - 00284644 7/1/2009 GRAINGER AP - 00284644 7/1/2009 GRAINGER AP - 00284644 7/1/2009 GRAEVGER AP - 00284645 7/1/2009 GRANICUS INC AP - 00284646 7/1/2009 GRANT III, VINCENT AP - 00284647 7/1/2009 GRAYBAR AP - 00284648 7/1/2009 GREEN ROCK POWER EQUIPMENT AP - 00284649 7/1/2009 HAMERNIK, TIFFANI AP - 00284650 7/1/2009 HARDY & HARPER INC AP - 00284650 7/1/2009 HARDY & HARPER INC AP - 00284651 7/1/2009 HARRIS, JENNETTE AP - 00284652 7/1/2009 HEDWALL, JANET AP - 00284653 7/1/2009 HENLEY, LISA AP - 00284654 7/1/2009 HILTI INC. AP - 00284655 7/1/2009 HOGLE-IRELAND AP - 00284656 7/1/2009 HOSE MAN INC AP - 00284656 7/1/2009 HOSE MAN INC AP - 00284656 7/1/2009 HOSE MAN INC AP - 00284656 7/1/2009 HOSE MAN INC AP - 00284657 7/1/2009 HOT SHOTS ATHLETIC APPAREL INC. AP - 00284658 7/1/2009 HOYT LUMBER CO., SM AP - 00284659 7/1/2009 HYDROSCAPE PRODUCTS INC AP - 00284659 7/1/2009 HYDROSCAPE PRODUCTS INC AP - 00284659 7/1/2009 HYDROSCAPE PRODUCTS INC AP - 00284659 7/1/2009 HYDROSCAPE PRODUCTS INC AP - 00284660 7/1/2009 IDEAL GLASS TINTING AP - 00284661 7/1/2009 IMPERIAL SPRINKLER SUPPLY INC AP - 00284661 7/1/2009 IMPERIAL SPRINKLER SUPPLY INC AP - 00284661 7/1/2009 IMPERIAL SPRINKLER SUPPLY INC AP - 00284661 7/1/2009 IMPERIAL SPRINKLER SUPPLY INC AP - 00284661 7/1/2009 IMPERIAL SPRINKLER SUPPLY INC AP - 00284661 7/1/2009 IMPERIAL SPRINKLER SUPPLY INC AP - 00284661 7/1/2009 IMPERIAL SPRINKLER SUPPLY INC AP - 00284662 7/1/2009 INLAND CUSTOM PUBLISHING GROUP AP - 00284664 7/1/2009 INLAND PRESORT & MAILING SERVICES AP_- 00284666 - 7/1/2009_ INLAND_VALLEY DAILY BULLETIN_ _ _ ._ _ _ . AP - 00284666 7/1/2009 INLAND VALLEY DAILY BULLETIN AP - 00284666 7/1/2009 INLAND VALLEY DAILY BULLETIN AP - 00284666 7/1/2009 INLAND VALLEY DAILY BULLETIN AP - 00284666 7/1/2009 INLAND VALLEY DAILY BULLETIN AP - 00284666 7/1/2009 INLAND VALLEY DAILY BULLETIN AP - 00284666 7/]/2009 INLAND VALLEY DAILY BULLETIN AP - 00284666 7/1/2009 INLAND VALLEY DAILY BULLETIN AP - 00284666 7/1/2009 INLAND VALLEY DAILY BULLETIN AP - 00284666 7/1/2009 INLAND VALLEY DAILY BULLETIN AP - 00284666 7/1/2009 INLAND VALLEY DAILY BULLETIN AP - 00284667 7/1/2009 INPRO CORPORATION AP - 00284668 7/1/2009 INSIGHT P42 Amount 181.41 17.68 -465.59 37.71 27.90 199.92 58.47 368.26 298.28 1,100.00 360.00 272.80 155.42 45.00 780,502.21 -78,050.22 250.00 35.00 58.58 216.41 33,091.05 155.64 152.66 ] 07.38 126.36 293.03 268.40 131.47 41.65 43.27 105.99 1,353.00 14.51 197.00 477.68 685.45 1.28 47.84 128.02 576.00 52.23 _ _ _268.08 268.08 156.15 264.62 7.69 3 S 0.00 342.31 420.00 230.38 3 S 0.00 111.93 2,211.51 120.49 User: VLOPEZ -Veronica Lopez Page: 26 ReporLCK_AGEiVDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Current Date: 07/08/200 Time: 17:54:0 CITY OF RANCHO CUCAMONGA Aeenda Check Register 6/24/2009 through 7/7/2009 Check No. Check Date Vendor Name AP - 00284669 7/1/2009 INTERSTATE BATTERIES AP - 00284670 7/1/2009 INTERWEST CONSULTING GROUP INC AP - 00284670 7/1/2009 INTERWEST CONSULTING GROUP INC AP - 00284671 7/1/2009 INTRAVAIA ROCK AND SAND INC AP - 00284672 7/1/2009 JAY, RICHARD AP - 00284673 7/1/2009 JOHNSON, RICHARD AP - 00284674 7/1/2009 KELLY EQUIPMENT AP - 00284675 7/1/2009 KENNEYBREW, GLORIA AP - 00284677 7/1/2009 KOA CORPORATION AP - 00284677 7/1/2009 KOA CORPORATION AP - 00284678 7/1/2009 KONE INC AP - 00284678 7/1/2009 KONE INC AP - 00284679 7/1/2009 L S A ASSOCIATES INC AP - 00284679 7/1/2009 L S A ASSOCIATES INC AP - 00284680 7/1/2009 LENOVO (UNITED STATES) INC. AP - 00284680 7/1/2009 LENOVO (UNITED STATES) INC. AP - 00284680 7/1/2009 LENOVO (UNITED STATES) INC. AP - 00284682 7/1/2009 LIMS AUTO INC AP - 00284682 7/1/2009 LIMS AUTO INC AP - 00284682 7/1/2009 LIMS AUTO INC AP - 00284682 7/1/2009 LIMS AUTO INC AP - 00284683 7/1/2009 LITTLE BEAR PRODUCTIONS AP - 00284683 7/1/2009 LITTLE BEAR PRODUCTIONS AP - 00284683 7/1/2009 LITTLE BEAR PRODUCTIONS AP - 00284683 7/1/2009 LITTLE BEAR PRODUCTIONS AP - 00284684 7/1/2009 LOPEZ, BEATRICE AP - 00284685 7/1/2009 MANNS-CURIEL, KEISHA AP-00284685 7/1/2009 MANNS-CURIEL, KEISHA AP - 00284686 7/1/2009 MARISCAL, MADELII~'E AP - 00284688 7/1/2009 MARQUETTE COMMERCIAL FINANCE AP - 00284688 7/1/2009 MARQUETTE COMMERCIAL FINANCE AP - 00284688 7/1/2009 MARQUETTE COMMERCIAL FINANCE AP - 00284688 7/1/2009 MARQUETTE COMMERCIAL FINANCE AP - 00284689 7/1/2009 MARQUE7_, MARIA AP - 00284690 7/1/2009 MARSHALL PLUMBING AP - 00284690 7/1/2009 MARSHALL PLUMBING AP - 00284690 7/1/2009 MARSHALL PLUMBING AP - 00284690 7/1/2009 MARSHALL PLUMBING AP - 00284690 7/1/2009 MARSHALL PLUMBING AP - 00284690 7/1/2009 MARSHALL PLUMBING AP - 00284690 7/1/2009 MARSHALL PLUMBING __ AP_= 00284690 . _ -.7/1/2009.. _ MARSHALL PLUMBING AP - 00284691 7/1/2009 MIDWEST TAPE AP - 00284691 7/1/2009 MIDWEST TAPE AP - 00284691 7/1/2009 MIDWEST TAPE AP - 00284691 7/1/2009 MIDWEST TAPE AP - 00284691 7/1/2009 MIDWEST TAPE AP - 00284691 7/1/2009 MIDWEST TAPE AP - 00284692 7/1/2009 MITY LITE INC. AP - 00284693 7/1/2009 MOORS, EARLINE AP - 00284694 7/1/2009 MOUNTAIN VIEW SMALL ENG REPAIR AP - 00284695 7/1/2009 MUELLER, JENNIFER AP - 00284697 7/1/2009 MYLES, ANNIE AP - 00284698 7/1/2009 NAPA AUTO PARTS P43 Amount 132.67 2,280.00 2,280.00 119.63 130.49 250.00 2,792.65 80.00 1,910.30 6,120.16 63.62 490.44 3,054.10 912.91 264.81 190.53 52.11 110.84 38.36 38.36 482.73 550.00 995.00 225.00 350.00 500.00 115.00 115.00 40.00 783.00 783.00 783.00 783.00 40.50 344.00 500.00 250.00 -93.75 -92.75 371.00 -93.75 -_ 86.00 _ 15.19 444.20 39.99 75.98 113.95 15.19 4,100.00 40.00 1,311.78 80.00 20.00 74.92 User: VLOPEZ -Veronica Lopez Page: 27 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Current Date: 07/08/200 Time: 17:54:0 CITY OF RANCHO CUCAMONGA Agenda Check Register 6/24/2009 through 7/7/2009 Check No. Check Date Vendor Name AP - 00284698 7/1/2009 NAPA AUTO PARTS AP - 00284698 7/1/2009 NAPA AUTO PARTS AP - 00284698 7/1/2009 NAPA AUTO PARTS AP - 00284700 7/1/2009 NEC UNIFIED SOLUTION'S INC AP - 00284701 7/1/2009 NIKPOUR, MOHAMMED AP - 00284703 7/1/2009 NOVELTY PRINTING AP - 00284705 7/1/2009 OCCUPATIONAL HEALTH CENTERS OF CALIFO AP - 00284705 7/1/2009 OCCUPATIONAL HEALTH CENTERS OF CALIFO AP - 00284705 7/1/2009 OCCUPATIONAL HEALTH CENTERS OF CALIFO AP - 00284706 7/1/2009 OFFICE DEPOT AP - 00284706 7/1/2009 OFFICE DEPOT AP - 00284706 7/1/2009 OFFICE DEPOT AP - 00284706 7/1/2009 OFFICE DEPOT AP - 00284706 7/1/2009 OFFICE DEPOT AP - 00284706 7/1/2009 OFFICE DEPOT AP - 00284706 7/1/2009 OFFICE DEPOT AP - 00284706 7/]/2009 OFFICE DEPOT AP - 00284706 7/1/2009 OFFICE DEPOT AP - 00284706 7/1/2009 OFFICE DEPOT AP - 00284706 7/1/2009 OFFICE DEPOT AP - 00284706 7/1/2009 OFFICE DEPOT AP - 00284706 7/1/2009 OFFICE DEPOT AP - 00284706 7/1/2009 OFFICE DEPOT AP - 00284706 7/1/2009 OFFICE DEPOT AP - 00284706 7/1/2009 OFFICE DEPOT AP - 00284706 7/1/2009 OFFICE DEPOT AP - 00284706 7/1/2009 OFFICE DEPOT AP - 00284706 7/1/2009 OFFICE DEPOT AP - 00284706 7/1/2009 OFFICE DEPOT AP - 00284706 7/1/2009 OFFICE DEPOT AP - 00284706 7/]/2009 OFFICE DEPOT AP - 00284707 7/1/2009 ONTARIO WINNELSON CO AP - 00284708 7/1/2009 ONTARIO, CITY OF AP - 00284709 7/1/2009 OPEN APPS INC AP - 00284710 7/1/2009 ORACLE CORP AP - 00284710 7/1/2009 ORACLE CORP AP - 00284711 7/1/2009 ORKIN PEST CONTROL AP - 00284711 7/1/2009 ORKIN PEST CONTROL AP - 00284711 7/1/2009 ORKIN PEST CONTROL AP - 00284711 7/1/2009 ORKIN PEST CONTROL AP - 00284712 7/1/2009 OWEN ELECTRIC INC _ AP - 00284713_.._ ... 7/1/2009_ _PATCHETT R ASSOCIATES . AP - 00284713 7/1/2009 PATCHETT & ASSOCIATES AP - 00284713 7/1/2009 PATCHETT & ASSOCIATES AP - 00284713 7/1/2009 PATCHETT & ASSOCIATES AP - 00284714 7/1/2009 PB AMERICAS INC AP - 00284715 7/1/2009 PEEK, LINDA V AP - 00284716 7/1/2009 PENINSULA LIBRARY SYSTEM AP - 00284717 7/1/2009 PERERA, MICHELLE AP - 00284718 7/1/2009 PHOENIX GROUP INFORMATION SYSTEMS AP - 00284719 7/1/2009 PIONEER MANUFACTURING AP - 00284719 7/1/2009 PIONEER MANUFACTURING AP - 00284720 7/1/2009 PITNEY BOWES AP - 00284721 7/1/2009 POMA DISTRIBUTING CO Amount 41.62 38.85 592.80 584.58 576.00 601.77 ] 47.80 101.26 156.52 188.69 52.16 9.78 32.99 31.44 3,005.85 2.84 6.41 248.91 326.24 15.57 47.99 -41.26 38.87 24.82 -126.15 14.88 99.32 8.13 -12.48 34.77 63.69 20.26 105.74 951.00 5,994.36 1,051.35 1,458.46 1,458.46 300.00 250.00 14.66 ___,_ 3,052.50 277.50 1,295.00 277.50 13,756.50 8,100.00 75.00 167.79 836.82 897.20 2,347.71 604.48 474.08 P44 User: VLOPEZ-Veronica Lopez Page: 28 Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 07/08/200 Time: 17:54:0 CITY OF RANCHO CUCAMONGA Agenda Check Resister 6/24/2009 through 7/7/2009 Check No. Check Date Vendor Name Amount AP - 00284722 7/1/2009 POUK AND STEINLE INC. 18,951.00 AP - 00284723 7/]/2009 PRENTICE, IRENE 3.60 AP - 00284724 7/1/2009 PRIME BUILDERS 250.00 AP - 00284725 7/1/2009 R AND S MADRIGAL CONSTRUCTION & SUPPL' 44.55 AP - 00284726 7/1/2009 RANDOM HOUSE INC 8792 AP - 00284726 7/1/2009 RANDOM HOUSE INC 175.84 AP - 00284726 7/1/2009 RANDOM HOUSE INC 4877 AP - 00284726 7/1/2009 RANDOM HOUSE INC 21.80 AP - 00284728 7/1/2009 RBM LOCK AND KEY SERVICE 10.88 AP - 00284729 7/1/2009 RECORDED BOOKS LLC 7.56 AP - 00284729 7/1/2009 RECORDED BOOKS LLC 55.54 AP - 00284730 7/1/2009 REDFLEX TRAFFIC SYSTEMS INC 17,910.00 AP - 00284731 7/1/2009 REPUBLIC ITS 1,788.40 AP - 00284731 7/1/2009 REPUBLIC ITS 1,407.25 AP - 00284731 7/1/2009 REPUBLIC ITS 13,476.45 AP - 00284731 7/1/2009 REPUBLIC ITS 6,476.17 AP - 00284731 7/]/2009 REPUBLIC ITS 1,758.10 AP - 00284731 7/]/2009 REPUBLIC ITS 1,758.10 AP -00284731 7/]/2009 REPUBLIC ITS 1,758.]0 AP - 00284731 7/1/2009 REPUBLIC ITS 5,580.54 AP - 00284731 7/1/2009 REPUBLIC ITS 791.09 AP - 00284731 7/1/2009 REPUBLIC ITS 1,941.86 AP - 00284731 7/1/2009 REPUBLIC ITS 595.38 AP - 00284731 7/1/2009 REPUBLIC ITS 3,377.40 AP - 00284731 7/1/2009 REPUBLIC ITS 1,190.76 AP - 00284731 7/1/2009 REPUBLIC ITS 5,556.91 AP - 00284731 7/1/2009 REPUBLIC ITS 4,569.62 AP - 00284731 7/1/2009 REPUBLIC ITS 1,758.10 AP - 00284731 7/1/2009 REPUBLIC ITS 1,758.]0 AP - 00284731 7/1/2009 REPUBLIC ITS 7,258.80 AP - 00284732 7/1/2009 RIVERA, GEORGE 418.90 AP - 00284732 7/1/2009 RIVERA; GEORGE 837.80 AP - 00284732 7/1/2009 RIVERA; GEORGE 837.80 AP - 00284T3 7/1/2009 ROADLINE PRODUCTS INC 269.95 AP - 00284734 7/1/2009 ROBLES SR, RAUL P 75.00 AP - 00284734 7/1/2009 ROBLES SR, RAUL P 38.00 AP - 00284734 7/1/2009 ROBLES SR, RAUL P 140.00 AP - 00284734 7/1/2009 ROBLES SR, RAUL P 85.00 AP - 00284734 7/1/2009 ROBLES SR, RAUL P 117.00 AP - 00284737 7/1/2009 SAN BERNARDINO COUNTY AUDITOR CONTR( 216.00 AP - 00284737 7/1/2009 SAN BERNARDINO COUNTY AUDITOR CONTR( 145.50 AP - 00284738 7/1/2009 SAN BERNARDINO COUNTY SHERIFFS DEPT 3;230.40 AP - 00284739 7/1/2009 SAN BERNARDINO COUA'TY SHERIFFS DEPT 201.90 AP - 00284741 7/1/2009 SAN BERNARDINO, CITY OF 600.00 AP - 00284742 7/1/2009 SANDERS, DORA 20.00 AP - 00284743 7/1/2009 SC FUELS 12,495.34 AP - 00284743 7/1/2009 SC FUELS 9,048.35 AP - 00284744 7/1/2009 SCHOTT, JUTTA 20.00 AP - 00284745 7/1/2009 SENECHAL, CALVIN 40.00 AP - 00284746 7/1/2009 SERVICE SOLUTIONS GROUP 147.00 AP - 00284747 7/1/2009 SHEAKLEY ] ] 1.80 AP - 00284747 7/1/2009 SHEAKLEY 12.00 AP - 00284747 7/1/2009 SHEAKLEY 14.40 AP - 00284747 7/1/2009 SHEAKLEY 720 P45 User: VLOPEZ -Veronica Lopez Page: 29 Current Date: 07/08/200 ReporLCK_AGENDA_REG_PORTRAIT RC - CK Agcnda Check Register Pomait Layout Time: 17:54:0 CITY OF RANCHO CUCAMONGA Asenda Check Resister 6/24/2009 through 7/7/2009 Check No. Check Date Vendor Name AP - 00284747 7/1/2009 SHEAKLEY AP - 00284748 7/1/2009 SIGMANET AP - 00284748 7/1/2009 SIGMANET AP - 00284749 7/1/2009 SIGN SHOP, THE AP - 00284751 7/1/2009 SIMPLOT PARTNERS AP - 00284751 7/1/2009 SIMPLOT PARTNERS AP - 00284751 7/1/2009 SIMPLOT PARTNERS AP - 00284751 7/1/2009 SIMPLOT PARTNERS AP - 00284751 7/1/2009 SIMPLOT PARTNERS AP - 00284751 7/1/2009 SIMPLOT PARTNERS AP - 00284751 7/1/2009 SIMPLOT PARTNERS AP - 00284751 7/1/2009 SIMPLOT PARTNERS AP - 00284751 7/1/2009 SIMPLOT PARTNERS AP - 00284752 7/1/2009 SIXUVUS LTD AP - 00284753 7/1/2009 SO CALIF GAS COMPANY AP - 00284753 7/U2009 SO CALIF GAS COMPANY AP - 00284753 7/1/2009 SO CALIF GAS COMPANY AP - 00284753 7/1/2009 SO CALIF GAS COMPANY AP - 00284753 7/1/2009 SO CALIF GAS COMPANY AP - 00284754 7/1/2009 SOLORZANO, MARIA AP - 00284755 7/1/2009 SOUTH COAST AQMD AP - 00254759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/]/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP _00284759. _ _7/1/2009 SOUTHERN CALIFORNIA EDISON_ _ AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00254759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 ~ SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON P46 Amount 51.60 190.00 56.53 76.13 4,821.43 1,040.00 159.38 1,040.00 480.00 1,520.00 1,520.00 1,520.00 1,040.00 1,39125 68.69 216.00 2,652.05 1,448.41 929.30 112.00 146.90 73.80 18.56 117.38 56.78 81.82 54.95 18.56 19.23 19.20 45.16 19.20 241 79 1920 18.56 19.20 19.20 19.51 19.20 135.22 197.97 19.20 65.21 4032 42.04 151.16 45.93 13.57 61.55 35.88 68.15 19.20 57.84 15.00 User: VLOPEZ -Veronica Lopez Page: 30 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Current Date: 07/08/200 Time: 17:54:0 CITY OF RANCHO CUCAMONGA Agenda Check Register 6/24/2009 through 7/7/2009 Check No. Check Date Vendor Name AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/]/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNNIA EDISON AP - 00284759 7/1/2009 SOUTHEIN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7!1/2009 SOUTHEIL\' CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP..00284759 __ _- 7/1/2009._ SOUTHERN_CALIEORNIA EDISON__.. AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 . SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/]/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/]/2009 SOUTHERN CALIFORNIA EDISON AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON User: VLOPEZ -Veronica Lopez Page: 31 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout P47 Amount 59.76 19.20 18.56 124.80 68.13 19.20 20.92 19.06 19.44 19.20 19.33 18.56 19.37 19.20 87.56 19.20 19.84 19.84 18.56 84.69 zo.ss 19.37 19.20 19.20 21.44 26.83 46.95 119.40 21.29 29.74 19.97 20.89 20.01 60.83 61.21 255.31 20.61 19.20 246.30 19.20 20.25 18.56 -19.20- ---- 57.60 19.23 19.97 29.00 59.45 18.56 18.56 20.08 19.87 19.20 18.56 Current Date: 07/08/200 Time: 17:54:0 CITY OF RANCHO CUCAMONGA P48 Agenda Check Register 6/24/2009 through 7/7/2009 Check No. Check Date Vendor Name Amount AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON 20.54 AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON 19.20 AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON 31.23 AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON 19.20 AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON 19.20 AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON 43.43 AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON 19.20 AP - 00284759 7/1/2009 SOUTHEIN CALIFORNIA EDISON 19.33 AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON 51.84 AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON 68.77 AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON 8822 AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON 19.20 AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON 19.20 AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON 82.05 AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON 85.78 AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON 60.48 AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00284759 7/1/2009 SOUTHERA' CALIFORNIA EDISON 2224 AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON 26.66 AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON 18.73 AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON 19.54 AP - 00284759 7/1/2009 'SOUTHERN CALIFORNIA EDISON 19.20 AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON 63.30 AP - 00284759 7/ V2009 SOUTHERN CALIFORNIA EDISON 429.15 AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON 84.56 AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON 20.18 AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON 19.54 AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON 114.15 AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON 19.33 AP - 00284759 7/1/2009 SOUTHERN CALIFORNIA EDISON 19.20 AP - 00284760 7/1/2009 SOUTHERN CALIFORNIA EDISON 17.91 AP - 00284760 7/1/2009 SOUTHERN CALIFORNIA EDISON 227.33 AP - 00284761 7/1/2009 SPARKLETTS 102.00 AP-00284761 7/1/2009 SPARKLETTS 63.00 AI' - 00284762 7/1/2009 SPECIALIZED BUILDER'S 3~IARDWARE INC 230.50 AP - 00284762 7/1/2009 SPECIALIZED BUILDER'S HARDWARE INC 19.33 AP-00284763 _ 7/1/2009 SPOONFACTORY 4,200.00 AP - 00284765 7/1/2009 STEELWORKERS OLDTIMERS FOUNDATION 3,000.00 AP - 00284766 7/1/2009 SUNRISE FORD 48.50 AP - 00284766 7/1/2009 SUNRISE FORD 165.32 AP - 00284766 7/1/2009 SUNRISE FORD 174.44 AP - 00284766 7/1/2009 SUNRISE FORD 53.64 AP - 00284767 7/1/2009 SUNSHINE GROWERS NURSERY INC 130.50 AP - 00284768 7/1/2009 SUNSTATE EQUIPMENT COMPANY LLC 160.00 AP - 00284768 7/1/2009 SUNSTATE EQUIPMENT COMPANY LLC 3,930.63 AP - 00284768 7/1/2009 SUNSTATE EQUIPMENT COMPANY LLC 535.18 AP - 00284768 7/1/2009 SUNSTATE EQUIPMENT COMPANY LLC 166.02 AP - 00284768 7/1/2009 SUNSTATE EQUIPMENT COMPANY LLC 160.00 AP - 00284769 7/1/2009 SWANK MOTION PICTURES INC 271.00 User: VLOPEZ -Veronica Lopez Page: 32 Current Date: 07/08/200 Report:CK_AGENDA_REG_PORTRAI T_RC - CK: Agenda Check Register Portrait Layout Timr. 1754:0 CITY OF RANCHO CUCAMONGA P49 Agenda Check Register 6/24/2009 through 7/7/2009 Check No. Check Date Vendor Name Amount AP - 00284771 7/1/2009 T AND D INSTALLATIONS 282.81 AP - 00284771 7/1/2009 T AND D INSTALLATIONS 183.31 AP - 00284771 7/1/2009 T AND D INSTALLATIONS 179.31 AP - 00284771 7/1/2009 T AND D INSTALLATIONS 60.00 AP - 00284771 7/1/2009 T AND D INSTALLATIONS 278.22 AP - 00284771 7/1/2009 T AND D INSTALLATIONS 203.36 AP - 00284771 7/1/2009 T AND D INSTALLATIONS 305.61 AP - 00284771 7/1/2009 T AND D INSTALLATIONS 848.34 AP - 00284771 7/1/2009 T AND D INSTALLATIONS 60.00 AP - 00284772 7/1/2009 TALBOTT, ANGELA 20.00 AP - 00284773 7/1/2009 TAUSSIG AND ASSOCIATES INC, DAVID 100.00 AP - 00284773 7/1/2009 TAUSSIG AND ASSOCIATES INC, DAVID 1,300.00 AP - 00284773 7/1/2009 TAUSSIG AND ASSOCIATES INC, DAVID 1,450.00 AP - 00284776 7/1/2009 TNT CONSULTING 151.31 AP - 00284777 7/1/2009 TOM DODSON & ASSOCIATES 5,505.00 AP - 00284778 7/1/2009 TOOLS R US INC 281.95 AP - 00284779 7/1/2009 TRAFFIC PARTS 500.00 AP - 00284779 7/1/2009 TRAFFIC PARTS 36.91 AP - 00284779 7/1/2009 TRAFFIC PARTS 400.00 AP - 00284780 7/1/2009 TRANS WEST TRUCK CENTER 153.99 AP - 00284781 7/1/2009 TRUELINE SURFACING 875.00 AP - 00284782 7/1/2009 TRUMMEL, ANGELICA 272.00 AP - 00284783 7/1/2009 TYPECARE 60.00 AP - 00284784 7/1/2009 UNIFIRST UNIFORM SERVICE 134.90 AP - 00284784 7/1/2009 UNIFIRST UNIFORM SERVICE 40.30 AP - 00284784 7/1/2009 UNIFIRST UNIFORM SERVICE 694.47 AP - 00284784 7/1/2009 UNIFIRST UNIFORM SERVICE 755.75 AP - 00284784 7/1/2009 UNIFIRST UNIFORM SERVICE 49.56 AP - 00284784 7/1/2009 UNIFIRST UNIFORM SERVICE 158.31 AP - 00284785 7/1/2009 UNISOURCE WORLDWIDE INC 8.31 AP - 00284785 7/1/2009 UNISOURCE WORLDWIDE INC 480.00 AP - 00284785 7/1/2009 UNISOURCE WORLDWIDE INC 76.69 AP - 00284785 7/1/2009 UNISOURCE WORLDWIDE INC 205.64 AP - 00284786 7/1/2009 UNITED SITE SERVICES OF CA INC 10.69 AP - 00284788 7/1/2009 UPSCO POWERSAFE SYSTEMS INC 599.87 AP-00254789 7/1/2009 UPS 19.31 AP - 00284789 7/1/2009 UPS 72.00 AP - 00284790 7/1/2009 URBAN GRAFFITI ENTERPRISES INC 18,305.00 AP - 00284790 7/1/2009 URBAN GRAFFITI ENTERPRISES INC 24,135.00 AP - 00284791 7/1/2009 USA MOBILITY WIRELESS INC 608.13 AP - 00284792 7/1/2009 UTI 554.00 AP-_00284793__ _ _7/1/2009_ VALDEZ,TRINA _.__ __ _ _ - _. _ _. __ -_._ _-__226.00 _____ AP - 00284794 7/1/2009 VALLEY CREST TREE COMPANY 50.00 AP - 00284794 7/1/2009 VALLEY CREST TREE COMPANY 60.42 AP - 00284795 7/1/2009 VASTA, WILLIAM 190.31 AP-00284795 7/1/2009 VASTA, WILLIAM 190.32 AP - 00284795 7/1/2009 VASTA, WILLIAM 190.31 AP - 00284796 7/1/2009 VAUGIRQ IRRIGATION SERVICES INC 1,307.01 AP - 00284796 7/1/2009 VAUGHN IRRIGATION SERVICES INC 221.00 AP - 00284796 7/1/2009 VAUGIIN IRRIGATION SERVICES INC 221.00 AP - 00284796 7/1/2009 VAUGIIN IRRIGATION SERVICES INC 93.72 AP - 00284797 7/1/2009 VEND U COMPANY 93.19 AP - 00284798 7/1/2009 VERITEXT ORANGE COUNTY REPORTING CO 923.95 AP - 00284799 7/1/2009 VERIZON BUSINESS 1,982.97 User: VLOPEZ -Veronica Lopez Page: 33 Current Date: 07/08/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 17:54:0 CITY OF RANCHO CUCAMONGA Asenda Check Resister 6/24/2009 through 7/7/2009 Check No. Check Date Vendor Name Amount AP-00284801 7/1/2009 VERIZON 84.11 AP - 00284801 7/1/2009 VERIZON 36.25 AP - 00284801 7/1/2009 VERIZON 36.16 AP - 00284801 7/1/2009 VERIZON 117.36 AP - 00284801 7/1/2009 VERIZON 36.16 AP - 00284801 7/1/2009 VERIZON 18.65 AP - 00284801 7/1/2009 VERIZON 87.93 AP - 00284801 7/1/2009 VERIZON 87.93 AP - 00284801 7/1/2009 VERIZON 18.14 AP - 00284801 7/1/2009 VERIZON 18.14 AP - 00284801 7/1/2009 VERIZON 36.16 AP - 00284801 7/1/2009 VERIZON 57.33 AP-00284801 7/1/2009 VERIZON 474.14 AP-00284801 7/1/2009 VERIZON 36.46 AP-00284801 7/1/2009 VERIZON 87.93 AP-00284801 7/1/2009 VERIZON 87.93 AP - 00284801 7/1/2009 VERIZON 18.14 AP - 00284801 7/1/2009 VERIZON 36.16 AP - 00284801 7/1/2009 \'ERIZON 35.04 AP - 00284801 7/1/2009 VERIZON 373.86 AP - 00284801 7/1/2009 VERIZON 18.14 AP - 00284801 7/1/2009 VERIZON 35.04 AP - 00284801 7/1/2009 VERIZON 18.14 AP - 00284801 7/1/2009 VERIZON 18.14 AP - 00284801 7/1/2009 VERIZON 18.14 AP-00284801 7/1/2009 VERIZON 494.47 AP-00284801 7/1/2009 VERIZON 36.16 AP-00284801 7/]/2009 VERIZON 21.19 AP-00284801 7/1/2009 VERIZON 37.64 AP-00284801 7/1/2009 \'ERIZON 87.93 AP - 00284801 7/1/2009 VERIZON 34.03 AP - 00284801 7/1/2009 \'ERIZON 35.04 AP - 00284801 7/1/2009 VERIZON 149.61 AP-00284801 7/1/2009 VERIZON 35.04 AP-00284801 7/1/2009 VERIZON 34.03 AP-00284801 7/1/2009 VERIZON 34.03 AP-00284801 7/1/2009 VERIZON 65.84 AP-00284801 7/1/2009 VERIZON 18.14 AP-00284801 7/1/2009 VERIZON 36.16 AP - 00284801 7/]/2009 VERIZON 18.14 AP - 00284801 7/1/2009 VERIZON 38.04 AP - 00284801 7/1/2009 VERIZON _ 87.93 AP-00284801 7/1/2009 VERIZON 87.93 AP-00284801 7/1/2009 VERIZON 208.83 AP-00284801 7/1/2009 VERIZOI•I 580.10 AP-00284801 7/1/2009 VERIZON 471.94 AP-00284801 7/1/2009 VERIZON 127.79 AP-00284801 7/1/2009 VERIZON 471.94 AP-00284801 7/1/2009 VERIZON 44.14 AP - 00284802 7/1/2009 VERIZON 477.53 AP - 00284803 7/1/2009 VICTORIA ANIMAL HOSPITAL 50.00 AP - 00284803 7/1/2009 VICTORIA ANIMAL HOSPITAL 100.00 AP - 00284803 7/1/2009 VICTORIA ANIMAL HOSPITAL 100.00 AP - 00284803 7/1/2009 VICTORIA ANIMAL HOSPITAL 100.00 P50 User: VLOPEZ -Veronica Lopez Page: 34 Current Date: 07/08/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 17:54:0 CITY OF RANCHO CUCAMONGA P51 Asenda Check Resister 6/24/2009 through 7/7/2009 Check No. Check Date V"endor Name Amount AP - 00284803 7/1/2009 VICTORIA ANIMAL HOSPITAL 100.00 AP - 00284803 7/1/2009 VICTORIA ANIMAL HOSPITAL 100.00 AP - 00284803 7/1/2009 VICTORIA ANIMAL HOSPITAL 100.00 AP - 00284803 7/1/2009 VICTORIA ANIMAL HOSPITAL 100.00 AP - 00284803 7/1/2009 VICTORIA ANIMAL HOSPITAL 100.00 AP - 00284803 7/1/2009 VICTORIA ANIMAL HOSPITAL 100.00 AP - 00284803 7/1/2009 VICTORIA ANIMAL HOSPITAL 50.00 AP - 00284803 7/1/2009 VICTORIA ANIMAL HOSPITAL 50.00 AP - 00284803 7/1/2009 VICTORIA ANIMAL HOSPITAL 50.00 AP - 00284803 7/1/2009 VICTORIA ANIMAL HOSPITAL ] 00.00 AP - 00284803 7/1/2009 VICTORIA ANIMAL HOSPITAL 50.00 AP - 00284803 7/1/2009 VICTORIA ANIMAL HOSPITAL 50.00 AP - 00284803 7/1/2009 VICTORIA ANIMAL HOSPITAL 25.00 AP - 00284803 7/1/2009 VICTORIA ANIMAL HOSPITAL 100.00 AP - 00284803 7/1/2009 VICTORIA ANIMAL HOSPITAL 100.00 AP - 00284803 7/1/2009 VICTORIA ANIMAL FOSPITAL 50.00 AP - 00284803 7/1/2009 VICTORIA ANIMAL HOSPITAL 50.00 AP - 00284804 7/1/2009 VILLAGE NTRSERIES WHOLESALE LLC 663.72 AP - 00284804 7/1/2009 VILLAGE NURSERIES WHOLESALE LLC 178.64 AP - 00284804 7/1/2009 VILLAGE NURSERIES WHOLESALE LLC 66.45 AP - 00284805 7/1/2009 VILLARREAL, SEVE 40.00 AP - 00284807 7/1/2009 WALTERS WHOLESALE ELECTRIC CO 87.00 AP - 00284807 7/1/2009 WALTERS WHOLESALE ELECTRIC CO 108.81 AP - 00284807 7/1/2009 WALTERS WHOLESALE ELECTRIC CO 1,343.12 AP - 00284807 7/1/2009 WALTERS WHOLESALE ELECTRIC CO 257.69 AP - 00284807 7/1/2009 WALTERS WHOLESALE ELECTRIC CO 81.16 AP - 00284807 7/1/2009 WALTERS WHOLESALE ELECTRIC CO 4525 AP - 00284807 7/1/2009 WALTERS WHOLESALE ELECTRIC CO 31926 AP - 00284807 7/1/2009 WALTERS WHOLESALE ELECTRIC CO 280.04 AP - 00284807 7/]/2009 WALTERS WHOLESALE ELECTRIC CO 49.33 AP - 00284807 7/1/2009 WALTERS WHOLESALE ELECTRIC CO 42.42 AP - 00284807 7/1/2009 WALTERS WHOLESALE ELECTRIC CO 154.18 AP - 00284807 7/1/2009 WALTERS WHOLESALE ELECTRIC CO 186.62 AP - 00284807 7/1/2009 WALTERS WHOLESALE ELECTRIC CO 177.88 AP - 00284807 7/1/2009 WALTERS WHOLESALE ELECTRIC CO 58254 AP - 00284807 7/1/2009 WALTERS WHOLESALE ELECTRIC CO 2,74529 AP - 00284807 7/]/2009 WALTERS WHOLESALE ELECTRIC CO 194.52 AP - 00284807 7/1/2009 WALTERS WHOLESALE ELECTRIC CO 339.05 AP - 00284807 7/1/2009 WALTERS WHOLESALE ELECTRIC CO 772.83 AP - 00284807 7/1/2009 WALTERS WHOLESALE ELECTRIC CO 41.64 AP - 00284807 7/1/2009 WALTERS WHOLESALE ELECTRIC CO 215.49 AP_-00284807 7/1/2009 WALTERS WHOLESALE ELECTRIC CO _ _ 3,796.30 __ _ AP - 00284807 7/1/2009 WALTERS WHOLESALE ELECTRIC CO 63.84 AP - 00284807 7/1/2009 WALTERS WHOLESALE ELECTRIC CO 875.85 AP - 00284807 7/1/2009 WALTERS WHOLESALE ELECTRIC CO 639.86 AP - 00254807 7/1/2009 WALTERS WHOLESALE ELECTRIC CO 49.60 AP - 00284807 7/1/2009 WALTERS WHOLESALE ELECTRIC CO 100.84 AP - 00284807 7/1/2009 WALTERS WHOLESALE ELECTRIC CO 65.25 AP - 00284807 7/1/2009 WALTERS WHOLESALE ELECTRIC CO 50.37 AP - 00284807 7/1/2009 WALTERS WHOLESALE ELECTRIC CO 228.38 AP - 00284807 7/1/2009 WALTERS WHOLESALE ELECTRIC CO 85.76 AP - 00284808 7/1/2009 WARNER, RON 75.00 AP - 00284809 7/1/2009 WA?iIE SANITARY SUPPLY 310.84 AP - 00284809 7/1/2009 WAXIE SANITARY SUPPLY 443.33 User: VLOPEZ -Veronica Lopez Page: 35 Current Date: 07/08/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 17:54:0 CITY OF RANCHO CUCAMONGA P52 Assenda Check Reeister 6/24/2009 through 7/7/2009 Check No. Check Dale Vendor Name Amount AP - 00284809 7/1/2009 WAXIE SANITARY SUPPLY 306.75 AP - 00284809 7/1/2009 WAXIE SANITARY SUPPLY 150.00 AP - 00284809 7/1/2009 ' WAXIE SANITARY SUPPLY 1,470.66 AP - 00284809 7/1/2009 WAXIE SANITARY SUPPLY 53.89 AP - 00284809 7/1/2009 WAXIE SANITARY SUPPLY 169.87 AP - 00284809 7/1/2009 WAXIE SANITARY SUPPLY 183.93 AP - 00284809 7/1/2009 WAXIE SANITARY SUPPLY 52.54 AP - 00284809 7/1/2009 WAXIE SANITARY SUPPLY 25.37 AP - 00284809 7/1/2009 WAXIE SANITARY SUPPLY 73.75 AP - 00284809 7/1/2009 WAXIE SANITARY SUPPLY 273.27 AP - 00284809 7/1/2009 WAXIE SANITARY SUPPLY 247.95 AP - 00284809 7/1/2009 WAXIE SANITARY SUPPLY 742.35 AP - 00284809 7/1/2009 WAXIE SANITARY SUPPLY 659.41 AP - 00284810 7/1/2009 WEINGARTNER, KAREN 250.00 AP - 00284811 7/1/2009 WEST COAS"F LIGHTS & SIRENS 710.31 AP - 00254813 7/1/2009 WEST GOVERNMENT SERVICES 20.00 AP - 00284813 7/1/2009 WEST GOVERNMENT SERVICES 5.00 AP - 00284814 7/1/2009 WEST VALLEY MRF LLC 124.42 AP - 00284814 7/1/2009 WEST VALLEY MRF LLC 0.96 AP - 00284815 7/1/2009 WESTERN ELECTRICITY COORDINATING COUt 7.07 AP - 00284816 7/1/2009 WESTERN NATIONAL CONTRACTORS 18.00 AP - 00284817 7/1/2009 WHITECO INC, R F 535.21 AP - 00284818 7/1/2009 WILSON AND BELL 193.31 AP - 00284818 7/1/2009 WILSON AND BELL 578.05 AP - 00284819 7/1/2009 WSA tiS GUARDS CO INC 5,268.15 AP - 00284819 7/1/2009 WSA US GUARDS CO INC 6,529.69 AP - 00284819 7/1/2009 WSA US GUARDS CO INC 7,492.35 AP - 00234819 7/1/2009 WSA US GUARDS CO INC 5,404.88 AP - 00284819 7/1/2009 WSA US GUARDS CO INC 1,947.98 AP - 00284820 7/1/2009 YURO, YVONNE 186.00 AP - 00284821 7/1/2009 ZAIDI, AVANI 94.00 Total (or Check ID AP: 2,569,714.59 EP - 00000506 6/24/2009 PILOT POWER GROUP INC 42,775.20 EP - 00000507 7/1/2009 SAN BERNARDINO CTY SHERIFFS DEPT 80,682.97 Total for Check ID EP: 123,458.17 Total for Entit}~: 2,693,172.76 User: VLOPEZ -Veronica Lopez Page: 36 Current Date: 07/08/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Timc: 17:54:0 P53 . . STAFF REPORT - t',NGINEERING SER\'ICEti DEPARTD4HNT RANCHO Date: July 15, 2009 GUCAMONGA 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 j~y~2 Subject: APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE CONSTRUCTION OF ETIWANDA AVENUE AND ROCHESTER AVENUE PAVEMENT REHABILITATION FROM ARROW ROUTE TO FOOTHILL BOULEVARD TO BE FUNDED FROM PROP 1 B FUNDS RECOMMENDATION It is recommended that the City Council approve plans and specifications for the construction of Etiwanda Avenue and Rochester Avenue Pavement Rehabilitation from Arrow Route to Foothill Boulevard and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids". BACKGROUND/ANALYSIS Etiwanda Avenue and Rochester Avenue Pavement Rehabilitation scope of work to be performed in general consists of, but not limited to, cold planing, routing of cracks and crack seal, removal and replacement of damaged pavement, asphalt rubberized hot mix overlay, adjust utilities to grade, re- striping, loops replacement and pavement markings. The project is to be funded from Prop 1 B funds. Staff has determined that the project is categorically exempt per Article 19, Section 15301(c) of the CEQA guidelines. The Engineer's estimate for Etiwanda Avenue and Rochester Avenue Pavement Rehabilitation is $485,000 Legal advertising is scheduled for July 21, 2009 and July 28, 2009, with bid opening at 2:00 p.m. on Tuesday, August 4, 2009, unless extended by addendum. Respectfully submitted, W ~~ Mark A. Steuer Director of Engineering Services/City Engineer MAS/RMD:Is Attachments. Resolution and Vicinity Map W ~ ~~ ~ I `IIIIII11111111~y lpl lllp \T/^1 IOIIIIV IIgLL111U1L1Ul11 III11~. - i it lllllllllllllllll ill 11 llll Illlll 11 lli~ ~ ~ F II IIIIH 111111111111111111 ~IIIIIIl111111~ N _ i1i11'-"" i111111i"" ~ I~Illla Il lllllli d ~ ` 11111 } _ ry '11111 F Y1 l`/1 < ` '1111 !~ $ < III w 1^`l < 'a I~ ,'lll °~ I~ m .. f F ..:' 'Y.tl 15V3 ~ A~pl <I ~~ - _~ - 0 3/~Y ~ ~ I j rc ~ ~ z `w - ~ p o _..._. 'a~ aa3p era _~ ,~._._._ _ 5 :?d!`v 133a0 Av0 d 1~1 .,...___. m m 110~~ 31V aL53H'JOa n H11Y5 531tltlp 'NVp lQ3KJ Ar0 ~ ug .... ~~ & '3nY 3tlTIW ~ ~ 'y.V N3 I Z _~ ~~ ~ (~~J ~w w u OW £ ^ _" 31Y N31:YH ~ ~ F V N3~rH Z6 a31Nn ~ ~... <N A 3&. n Y' ~ ' "y.Y tl50Wtl3H ~ '~tl Y Wa ~ '• ~~ ,`O < ~~ f-I '3AVYNOntla 1 a IL~ '31r awel ar ¢ ~y1tl Q1Ve1H9ar 30 ° L H'J VW '3nr isAw3n ~ ~~~ ~ I a~ 'yv NvWT13N 'Y.r NtlY(il3H =l'` i 3nv utf3e r ~~ N'y N Y OaVA3NN 'a ~~~ 'fj, m 1 ~ 3\r OtlYA3NN b "s ~ _ _ __ _ __ __ 3nr Ntlru art ~ '3sr rn3Na~~ ' ~_, 4 ~ ~~ 3nr a aYe a3d5Yf j ~~n ~~ of (`b ~ i ~ Itl Nyn03 -~ 3awddrs i ~ '3ntl 3n o .~i 1 ~ „ 1 ~ I1 I, ~ I 5 ,I .: ~~ ~ Z z z d U ~..~ O H U O -~r' A ~~ zo wW~ 9 a~W~ia w I 0 E UWE1 a W c U O \ o W P55 RESOLUTION NO. ~ ~T- I ~I I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE ETIWANDA AVENUE AND ROCHESTER AVENUE PAVEMENT REHABILITATION FROM ARROW ROUTE TO FOOTHILL BOULEVARD IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for the "ETIWANDA AVENUE AND ROCHESTER AVENUE PAVEMENT REHABILITATION FROM ARROW ROUTE TO FOOTHILL BOULEVARD": 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 Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m. on Tuesday, August 4, 2009, sealed bids or proposals for the "ETIWANDA AVENUE AND ROCHESTER AVENUE PAVEMENT REHABILITATION FROM ARROW ROUTE TO FOOTHILL BOULEVARD" 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, "ETIWANDAAVENUE AND ROCHESTER AVENUE PAVEMENT -REHABILITATION FROM ARROW ROUTE TO FOOTHILL BOULEVARD":---' 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 P56 RESOLUTION NO. July 15, 2009 Page 2 such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under 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 for a certificate of approval. The certificate will also fix the ratio of apprentides 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 B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices orjourneymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall 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 I ndustrial Relations, ex-off cio 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 P57 RESOLUTION NO. July 15, 2009 Page 3 governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, .as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to 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 contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. Contractor shall possess any and all contractor licenses, 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 "C12" in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et-seq.) and rules and regulatibn adopted pursuant-thereto. -- The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, togetherwith the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. P58 RESOLUTION NO. July 15, 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. Questions regarding this Notice Inviting Bids for "ETIWANDA AVENUE AND ROCHESTER AVENUE PAVEMENT REHABILITATION FROM ARROW ROUTE TO FOOTHILL BOULEVARD " may be directed to: ------------ ROMEO M. DAVID, ASSOCIATE ENGINEER CITY OF RANCHO CUCAMONGA 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 (909) 477-2740, ext. 4070 By order of the Council of the City of Rancho Cucamonga, California. Dated this 15th day of July, 2009 Publish Dates: July 21 and July 28, 2009 P59 RESOLUTION NO. July 15, 2009 Page 5 PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this 15th day of July, 2009. Donald J. Kurth, M. D., Mayor ATTEST: Janice C. Reynolds, City 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 15~' of July 2009. Executed this 15th day of July, 2009, at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk ADVERTISE ON: July 21 and July 28, 2009 P60 STAFF REPORT I~NGIVGHRING SLRViC13ti )~PP~~RT'bIEN"T RANCHO Date: July 15, 2009 C,UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Romeo M. David, Associate Engineer Subject: APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE CONSTRUCTION OF VALLE VISTA DRIVE SIDEWALKS, ADJACENT TO VALLE VISTA ELEMENTARY SCHOOL, TO BE FUNDED FROM SAFE ROUTES TO SCHOOL GRANT AND BEAUTIFICATION FUNDS RECOMMENDATION It is recommended that the City Council approve plans and specifications for the construction of Valle Vista Drive sidewalks, adjacent to Valle Vista Elementary School and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids". BACKGROUND/ANALYSIS Residents living in this area have expressed an interest in having a separated pathway for their children to walk on Valle Vista Drive to the elementary school. Currently, there are no sidewalks on. the east side of Valle Vista Drive, adjacent to Valle Vista Elementary School, from north Camino Sur to south of Calle Feliz. The installation of the sidewalk will enable children to walk along Valle Vista Drive to the school without having to walk along the edge of pavement. Proceeding with this project serves the public purpose by helping to promote the safety of children walking to the school in the City. The project is funded from a Safe Routes to School Grant and Beautification Funds. Staff has determined that the project is categorically exempt per Article 19, Section 15301(c) of the CEQA guidelines. The Engineer's estimate for construction of the sidewalk improvements is $141,000. Legal advertising is scheduled for July 21, 2009 and July 28, 2009, with bid opening at 2:00 p.m. on Tuesday, August 4, 2009, unless extended by addendum. Respectfully submitted, er Director of Engineering Services/City Engineer MAS/RMD:Is Attachments: Resolution and Vicinity Map ~~\ ~~ ~\ ~~ ..,,~ 11111111111111111111111111 Illll llllllll 1111 llllll11111 IIIU 1.. uuuununuuunuuu uuuuw ~\ ~d Nullllll uluulllll ullll lululnll ui\~, q 11111•"•^nllllplp•••' 111111 N O f p' 1111111\ '~1 IIIIIIIU ' ~ 111111111 w 'lll 1111 1 Z '11111 1 \~ V~ Q •111 1 ~ \S 1~ H m.. ~ uuli• F \m \'31tl 15tl3' A8~M91 R¢ C \\ '3~v ONVMLL3 1L\~ ~ 1 o ~ i a p ~ ~ r\ W ~ 6 tl 'ai M33lA Ara < o Ip„ ~ ~, 'NYH9 331U Atl0 _ 3Atl a3153NJ0a HLIIK s31NVNJ m o _.. N3r irv~, W ~3nv mrv W 3nv rml W ~ ti Y ~ 7j 5 m . r ~J ~~~~ ~ ~ '~~ ^~0 ~ tls56 ~N vii •~n r ~ 5 y t ~ ~ a m oW; ~' r ` ` ~, v N3nvH ~a ••.,~,,,.. a31N3~ <IFn A 3aA rv 6 ._.. V V W p 3fitl tlsOrvtl3H ~ tl Y N H ;~ U ~ [ '1 Y ~ an rNOrvra C~~ r i a ~ '3nv a'nei trv a r mrei to ~ o rv s 3~Y SAHl3rv II H rc ~.. - m tl NVY(T13H 3Atl NtlH113 ~ - 3~v Uil3a c 3e ~ n tl OatlA3N ¢VW ~ .(~. ~ 3A OtltlA3NN 4 V ~ S 3AV Ntln3 atlo '3ntl tlll3Na~B~ n ~ w ~ ._ _ a 3Atl tl Ntla ___ . -- ~-- a3dSYP ~ i ~ ~ ,IpO'~ (.1 tl 03 3awdavs ~Ov 31 ~ ~ I 3 .7. ,. Z z ,;.T v ~~ V x z!! W ~1 ~I ~T I 0 x U U CA O 0 W ~ C AwF ~H~ QI ~ C/] E O ~~z ~~~ 0 F f s" x ~ U 0'"' °z NO rWr~ 1~ P62 RESOLUTION NO. O q-~ y2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE VALLE VISTA DRIVE SIDEWALKS, ADJACENT TO VALLE VISTA ELEMENTARY SCHOOL IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared specifications forthe 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 specifcations for the "VALLE VISTA DRIVE SIDEWALKS, ADJACENT TO VALLE VISTA ELEMENTARY SCHOOL": 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 Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m. on Tuesday, August 4, 2009, sealed bids or proposals for the "VALLE VISTA DRIVE SIDEWALKS, ADJACENT TO VALLE VISTA ELEMENTARY SCHOOL" 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, "VALLE VISTA DRIVE SIDEWALKS, ADJACENT TO VALLE VISTA ELEMENTARY SCHOOL": 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. P63 RESOLUTION NO. July 15, 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 thattrade 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: 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 B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices orjourneymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall 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 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. P64 RESOLUTION NO. July 15, 2009 Page 3 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 fled 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 contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; Including but not limited to a Class "A" License (General Engineering Contractor) 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,. pursuantio the "California Business and Professions Code," Section 7028.15, shall__ _ indicate his or her State License Number on the bid, togetherwith the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. Copies of the plans and specifications, available at the office of the City Engineer, Plaza Level Engineering Counter, will be furnished upon application to the City of Rancho Cucamonga, and P65 RESOLUTION NO. July 15, 2009 Page 4 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, asset forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, reserves the right to reject any or all bids. Questions regarding this Notice Inviting Bids for"VALLE VISTA DRIVE SIDEWALKS, ADJACENT TO VALLE VISTA ELEMENTARY SCHOOL" may be directed to: ROMEO M. DAVID, ASSOCIATE ENGINEER CITY OF RANCHO CUCAMONGA 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 _ - _ . - _- _- ___(909) 4772740, ext. 4070 ------ - By order of the Council of the City of Rancho Cucamonga, California. Dated this 15th day of July, 2009 Publish Dates: July 21 and July 28, 2009 P66 RESOLUTION NO. July 15, 2009 Page 5 PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this 15th day of July, 2009. Donald J. Kurth, M.D., Mayor ATTEST. Janice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 15~' day of July, 2009. Executed this 15`h day of July, 2009, at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk ADVERTISE ON: July 21 and July 28, 2009 P67 STAFF REPORT ENGINEI'RING DEPARTbIENT Date: July 15, 2009 C,~U~CAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Joseph Stofa, Associate Engineer Subject: PROGRESS REPORT ON DEVELOPMENT IMPACT FEE DEFERRAL PROGRAM BETWEEN THE CITY OF RANCHO CUCAMONGA AND PARTICIPATING DEVELOPERS RECOMMENDATION It is recommended that City Council review the progress report on the development impact fee deferral program and file for future reference. BACKGROUND/ANALYSIS With the passing of City Council Ordinance No. 802 on January 7, 2009, creating a development impact fee deferral program, staff has received two separate requests for five units each. City Council has recently approved both requests by entering into an agreement with respect to paying said impact fees. The single developer has processed two phases to date. Building permits have been processed and the developer has a full year to complete the process and pay the impact fees prior to release of any occupancies. Currently, there is no outstanding impact fee deferral request. The development impact fee deferral program expires on August 6, 2009. Respectfully submitted, ark A. uer Direc or of Engineering Services/City Engineer MAS/JES:rIf P68 =~4:. ,.. t T H E C I T Y O F RANCtIO CIiCAMONGA StaffReport DATE: July 15, 2009 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager i ~j~ FROM: John R. Gillison, Deputy City Manager/Administrative Services\~(~ BY: Ingrid Y. Bruce, GIS/Special Districts Manager I~(UJ SUB.IE('I': APPROVAL TO AMEND FISCAL YEAR 2009/2010 APPROPRIATIONS FOR LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3A, 3B, 4, 5, 6, 7, 8, 9, AND 10 . RECOMMENDATION It is recommended that the City Council approve the amended Fiscal Year 2009/2010 increased appropriations to Landscape Maintenance District Nos. 1, 2, 3A, 3B, 4, 5, 6, 7, 8, 9 and 10. BACKGROUND/ANALYSIS On June 15, 2009 City Council adopted the annual budget for Fiscal Year 2009/2010. Subsequent to the budget workshop and the adoption of the budget, staff had requested and was awaiting proposals from various landscape contractors for tiered levels of service. Additionally staff was simultaneously working with Cucamonga Valley Water District (CV WD) to adjust all of the City's water rates to the most cost efficient tier possible, and forecast impending rate increases in September of 2009 and May of 2010. The water rate increases aze a pass through _ from Metropolitan Water District (MWD) to CVWD and_ onto all property owners in the City, for the cost of transporting water from the Delta. Prior to the date when the FY 2009-10 budget document had to be printed for distribution, staff had received some of the tiered service proposals prior to the budget adoption and those districts expenditures were adjusted along with the level of service and any increase to the water costs that was then known. Subsequently, proposals were received on the remaining districts and staff has corrected those budgets to reflect the level of service and any applicable water increases. In order to ensure that the Final Fiscal Year 2008-10 Budget contains the corrected expenditures, the following amendments are recommended: P69 Page 2 July 15, 2009 City Council Staff Report Amend Appropriations Corrections to Fiscal Year 2009/2010 Budget Fund Descri tion Ob'ect Descri tion Budget FY 2009/10 Corrected FY 2009/10 130 LMD#1 5300 Landsca eMaint.Contract $311,]70 $40Q880 131 LMD #2 5300 Landsca e Maint. Contract $700,860 $948,100 133 LMD #3B 5300 Landsca e Maint. Contract $238,450 $293,570 134 I.MD #4 5300 Landsca e Maint. Contract $236,070 $316,780 136 LMD #6 5300 Landsca e Maint. Contract $132,780 $169,880 137 LMD #7 5300 Landsca a Maint. Contract $276,750 $319,100 138 LMD #8 5300 Landsca e Maint. Contract $ 11,750 $ 15,930 130 LMD #1 5402 Water Utilities $301,950 $309,760 131 LMD #2 5402 Water Utilities $787,520 $807,890 132 LMD #3A 5402 Water Utilities $ 440 $ 450 133 LMD #3B 5402 Water Utilities $ 80,870 $ 82,960 134 LMD #4 5402 Water Utilities $373,490 $383,150 135 LMD #5 5402 Water Utilities $ 720 $ 740 136 LMD#6 5402 Water Utilities $1]5,130 $118,110 137 LMD #7 5402 Water Utilities $236,340 $252,720 138 LMD #8 5402 Water Utilities $ 18,110 $ 18,570 139 LMD #9 5402 Water Utilities $ 29,700 $ 33,670 140 LMD#10 5402 Water Utilities $ 84,020 $ 86,]90 The corrected budget figures noted above will maintain the level of service currently being provided to each district. It should be noted that these corrections will not alter the impending necessity for a Proposition 218 mail ballot election in LMDs 4, 6, and 8. -2- P70 STAFF REPORT ~-~r; COMMUNITY SERVICES DEPARTMENT ~~''~t Date: July 15, 2009 RANCHO To: Mayor and Members of the City Council cUCAMONGA Jack Lam, AICP, City Manager From: Kevin McArdle, Community Services Director (~~ By: Paula Pachon, Management Analyst III 1' Subject: APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT RECOMMENDATION 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 June 2009 as well as the total number of registrations for the year for Wellness Pass and Senior Transportation. Activity Date Number of Partici ants Pool Tournament June 5, 2009 16 Senior Volunteer A reciation June 17, 2009 75 Senior Birthda June 24, 2009 222 Inde endence Da Part Jul 2, 2009 175 Wellness Pass - A es 60+ Total Re istered 2009 - 1012 Wellness Pass - A es 50-59 Total Re istered 2009 - 475 Silver Fox Ex ress Total Re istered 2009 - 95 • Upcoming Senior Activities are summarized below: Activit Date Time Pool Tournament First Frida of each month 1:00 .m. Senior Dance Jul 11, 2009 7:00 .m. Senior Birthda ------ - ---- --- --- --Jul .29, 2009------ ---11:00-a.m._. __ • It is anticipated that the Senior Advisory Committee will hold its next regular meeting on Monday, September 28, 2009 at 9:00 a.m. at the James L. Brulte Senior Center. Participation in the Senior Nutrition Program for the month of June 2009 is summarized in the table below: Week Date Partici ants 1 6/1 throw h 6/5/2009 1,149 2 6/8 throw h 6/12/2009 1,100 3 6/15 throw h 6/19/2009 1,085 4 6/22 throw h 6/26/2009 1,101 5 6/29 throw h 6/30/2009 409 P71 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 2 JULY 15, 2009 Total meals served for the month of June 2009: 4,844 Senior Services: The table below and on the following page summarizes participation in Senior Services activities for the month of June 2009: Pro ram Number of Partici ants Blood Pressure Screenin 77 Resource Librar 259 Bereavement Su ort 6 Elder Law Private Counselin 15 HICAP 3 Dr. Cohen - "The Doctor is In" 15 Peo le with Arthritis Can Exercise 262 Sit and Be Fit 343 Special Needs Programs: • The table below highlights some special needs activities that took place during June 2009. Activity Beginning Date Number of Partici ants Martial Arts -Intermediate June 15, 2009 4 G mnastics June 15, 2009 1 Martial Arts - Be innin June 16, 2009 5 Star Performers -Intermediate June 17, 2009 16 Jazz and Hi Ho - S ecial Needs June 22, 2009 9 Ta - S ecial Needs June 25, 2009 5 Movement and Tumbling -Special Needs June 25, 2009 1 Ballet - S ecial Needs June 25, 2009 1 IncredABLE Athletes -Basketball June 25, 2009 10 Frida Ni ht Fun Club - Bin o June 26, 2009 5 • Upcoming Special Needs activities are summarized below: -Activit Date _ Time Frida Ni ht Fun Club -Ice Cream Social Jul 24, 2001 5:30 m - 7:30 m Tech Junction: The table below summarizes participation in Tech Junction activities for the month of June 2009: Senior Com uter Classes Date Number of Participants Introduction to Surfin the Internet June 1, 3, 8 19 Mana in Multi Media June 2, 4, 9 18 Introduction to Microsoft Word June 15, 17, 22, 24 20 Introduction to Microsoft Excel June 16, 18, 23 17 P72 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 3 JULY 15, 2009 Contract Com uter Classes Date 8 weeks Number of Partici ants Intro to T in I June 16, 2009 8 Intro to T in and Microsoft Word June 19, 2009 4 Intro to Microsoft Word - a es 16 and u June 16, 2009 6 E-ba Worksho June 13, 2009 4 Computer Adventure and Microsoft Power Point June 19, 2009 4 Tech Junction Date Number of Partici ants Dro In-Use June 896 Senior Classes June 253 Total June 1,157 • Upcoming Computer Class activities are summarized below: Senior Com uter Classes Dates Cost Word Worksho Jul 20, 22, 27 N/A Introduction to Surfing the Internet July 6, 8, 13 N/A Email and Ecards July 7, 9, 14 N/A Introduction to PowerPoint July 21, 23, 28 N/A Public Computer Classes Starting Date Cost Intro to Typing II July 21, 2009 $70 non-residenU $60 resident Intro to Microsoft PowerPoint July 21, 2009 $70 non-residenU $60 resident Intro to Microsoft Excel July 21, 2009 $70 non-residenU $60 resident Intro to Internet July 21, 2009 $70 non-residenU $60 resident E-bay Workshop July 11, 25 $44 non-residenU $34 resident Trips and Tours: Trip Date Number of Partici ants Mystery Trip June 16, 2009 34 Gondola Getaway June 25, 2009 26 Hollywood Bowl - 4th of July S ectacular "Fo art and Fireworks" July 4, 2009 34 Japanese Gardens and Los Alamitos Historic Ranch July 8, 2009 39 P73 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT Pncs 4 JULY 15, 2009 • Upcoming Trips and Tours are summarized below: Tri Date Cost Pageant of the Masters - "The Muse' July 15, 2009 $92 Kodak Theater July 19, 2009 $67 Ronald Reagan Library July 23, 2009 $46 Pageant of the Masters - "The Muse" July 29, 2009 $67 Ringling Bros. Circus Tickets July 29, 2009 $27 Catalina August 4, 2009 $98 Getty Center August 11, 2009 $75 Aquarius ResorULaughlin August 18-20, 2009 $130 Double $160 Sin le Dodgers vs. Cubs Game August 22, 2009 $68 Human Services -Commodities Date Number of Families Served Number of Individuals Served June Commodities - 6/8/09 432 768 Facilities: • The table below illustrates the number of rentals/bookings and attendance figures for our community facilities during the month of June 2009: Facility Rentals # Rentals/ Bookin s Rental Attendance Building Attendance James L. Brulte Senior Center 82/209 6,853 20,409 Gold S. Lewis Communit Center 90/177 10,270 13,199 Youth: • The table below summaries Youth Program Attendance for the month of June. Program Classes/Sites Registrants/Attendance Pla cam 24/3 387/2,781 Cam Cucamon a 3/1 230/816 Kid Explorers 2/1 58/54 Program Classes/Sites Registrants/Attendance Lewis Partnership Kids Club @ Del Mar, & Terra Vista Apartments 2 275 • "Fun on the Run" attendance for June participants: 69 - Mobile Rec was closed on Wednesday, June 3rd due to thunder storms - Mobile Rec's last day was Friday, June 12`h P74 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 5 JULY 15, 2009 Teens: • The table below summarizes Teen Program Attendance for the month of June. Pro ram/Activit Attendance /Partici ation Teen Center 951 Partici ants Dance 94 Partici ants Teen Tri 18 Partici ants TRAC/ Summer Volunteers; Camps, Sport Clinics, Senior Nutrition, Snack Bars, (pool, movies, concerts 125 Registered Members / 387 members worked 1,041 Hrs TRAC- Bab sittin 85 Partici ants / 12 Volunteers Worksho s, Seminars 12 artici ants / 2 Hours Skate Park 2252 Partici ants / 465 S ectators Recreation Contract Classes: • Registration for summer contract classes started on May 26, 2009. Classes started on June 13, 2009. Summer Class # Sites Registrants Revenue 310 23 2,158 $124,582 Facilities: • The table below illustrates the number of rentals/bookings and attendance figures for our community facilities during the month of June. Facility Rentals # Rentals/Bookings Rental Attendance Building Attendance Lions Center East 24/83 411 2864 Lions Center West 24/80 705 2795 Human Services - RC Family Resource Center: • The table below summarizes Center Programs/Workshogs Attendance for the month of June. Pro ram/Worksho Attendance /Partici ation Salvation Arm Food Pant 65 De artment of Children Services -- --- 17- -- --- Communit Care Hos ice 10 Children Crisis Res onse Team 226 O lion House 11 House of Ruth Domestic Violence Class 27 Pro ram/Workshop Attendance /Partici ation Hope is Here Luncheon (Touch Ministries 40 Reach Out West End Health Teens 51 Parentin Classes Para Los Ninos 16 ACI Ministries 59 Pomona Valle Learnin 13 Alcohol Anon mous 49 P75 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 6 JULY 15, 2009 Program/Workshop Attendance / Partici ation Health Families 1 Youth Accountabilit Board 55 Hi Ho Class 15 CLUE 7 RC Famil Resource Fair 250 Safety Demonstration (Para Los Ninos 43 Women on the Move 38 Martial Arts Class 11 Communit Closet Giveawa 125 Staff Meetin 8 SBCSS Just Warriors 11 AI-Anon 20 De ressive Bi olar Su ort 13 Resurrection Ministries Pathfinders 36 Car Seat Safet Para Los Ninos 51 Cheer Leadin Northtown 8 TOTAL 1,276 The table below summarizes the Clients Served by Each Agency Housed at the RCFRC for the month of June. A encies in Cubicles Clients Served Touch Ministries 18 Beaut for Ashes 34 House of Ruth 36 Ea le's Wins 27 Para Los Ninos 26 TOTAL 141 Volunteers: The table on the following page summarizes the Community Services Department's volunteer use a for the month of May 2009. - May 2008 # of May 2009 of # Division # of Vols. Hours $ Value" # of Vols. - Hours $ Value" Administration 5 15 $296 5 15 $330 Senior Services 141 2,144 $42,323 151 1,888 $41,479 Human Services 33 100 $1,974 71 338 $7,426 S orts 118 777 $15,338 93 728 $15,994 S ecial Events 6 36 $711 67 204 $4,482 Performin Arts 100 699 $13,798 76 715 $15,709 Teens 53 392 $7,738 11 102 $2,241 Youth Pro rams - - $0 40 252 $5,536 Totals 456 4,163 $82,178 514 4,242 $93,197 'Based on 819J4Arour- Sfafe average as determined the California Independent Sector. "Based on 821.9]/hcur- Slale average as determined Me California Independent Sector. P76 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 7 JULY 15, 2009 Youth Sports: • The table below summarizes Youth Sports Activities for the May reporting period: Activit # Participants Age/Gender # Teams Northtown Hip-Hop 16 7-14 boys and irls N/A Northtown Youth Soccer 25 7-14 boys and iris 2 Northtown Pee-Wee Soccer 22 3-5 bo s and iris 3 Northtown Hip-Hop Aerobics 14 16 -Adults boys and girls N/A Pee Wee S rin Soccer 557 3-5/bo s & iris 52 Youth Volle ball 290 7-16/ ilrs 28 CMS Judo 41 7-12 girls & boys N/A RC Family Sports Center: • The table below provides drop-in/open plav and rental participation at the Center for the reporting period: Adult Sports: Activity # Participants Adult Basketball 577 Youth Basketball 613 Adult Rac uetball 362 Youth Rac uetball 36 Youth Volle ball 126 Adult Walle ball 3 Youth Walle ball 134 Jazzercise 1105 Rentals 215 Youth Judo 55 Team Volle ball Practice 45 • The table below summarizes adult sport activities for the reporting period: Activit -# Partici ants- -# Team- Gender Softball 2,394 171 Males & Females Adult Basketball 248 33 Males Rac uetball 20 N/A Males & Females Soccer 337 30 Males & Females Tennis 20 N/A Males Fla Football 38 4 Males • There were four Adult Softball Tournaments during the month of May at the Epicenter. Special Events: • Special Events staff is working on upcoming summer events including, the 4`" of July Fireworks Spectator at the Epicenter, summertime Movies in the Park, Concerts in the Park. P77 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PacE 8 JULY 15, 2009 Cultural and Performing Arts: • The table below summarizes Theatre Arts Academy classes during the reporting period: Activit Partici ants/Attendance Teen Actors Bootcam 55 Sin in for a Lifetime 64 Youth Theater Worksho 97 Show Sto ers 67 Adult Im rov 12 Video Production 9 Adult Choir 7 Broadwa Babies 115 TOTAL 426 Community Theatre rehearsals included the following during the reporting period. Activit Partici antslAttendance Oliver 310 • Court Yard Programs Included the following during the reporting period. Activit Partici ants/Attendance World Music -Billy and the Hillbillies 300 Rental Activities: • The table on the following page summarizes rental activities in Celebration Hall at the Cultural Center for the reporting period: Celebration Hall Rental Events Date Event Attendance 06/04/09 K Frog Blood Drive 280 6/6/2009 Art Institute Fashion Show 600 6/9/2009 RC Census Kickoff 60 6/10/2009 RC Community Foundation Meeting 40 6/11/2009 Urban Land Institute Seminar 60 6/12/2009 EMO Meeting 23 6/12/2009 50th Birthday Party 40 6/18/2009 Teen Dance Program (Library Event) 27 6/20/2009 Summer Reading Kick-off (Library Event) 310 06/23/09 City Council Meeting 150 06/25/09 SRP Performers (Library Event) 389 06/25/09 Police Department Meeting 30 06/26/09 Benny Awards 15 06/27/09 Superhero Saturdays (Library Event) 215 TOTAL 2,239-- . P78 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PncE 9 JULY 15, 2009 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 infOrmatlpn for the reporting period. The table below reflects number of tickets sold for various performances during the reporting period. It does not reflect actual patrons in attendance: Lewis Famil Pla house Professional) Presented Productions ° -• SHOW DATE Tickets Sold NUMBER OF EVENTS Future by Design 6/2/09 68 1 Keiko Matsui 6/6/09 461 1 JGP: Hansel and Gretel 6/10/09 229 1 The Village People 6/13/09 345 1 Rockapella 6/14/09 763 2 The Wonderbread Years 6/20/09 274 1 Red, Hot, & Blue 6/27/09 594 2 - Lewis Famil Pla` house Re ntal Events ; SHOW DATE Approx. Attendance NUMBER OF EVENTS Etiwanda Intermediate Band Concert 6/3/09 403 1 IE Realit S m osium 6/9/09 201 1 Goodwill Industries Awards 6/10/09 170 1 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 for the month of June: 1,311 - -_P_arks:--- -- - -- --- The table below provides usage information for park picnic shelters and special use facilities for the month of June 2009: Park/Shelter Attendance # Rentals Red Hill 3,563 41 Herita a 1,941 26 Milliken 748 19 Hermosa 306 14 Da Creek 522 17 Co ote Can on 294 10 Red Hill Am hitheatre 694 6 TOTAL Equestrian `Includes drop-in users. Participants':120 S ectators:55 P79 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 10 JULY 15, 2009 • Park monitors keep daily reports of activities in our parks, often helping out residents in need of assistance. Equestrian Center: Staff continues to meet quarterly with users of the Equestrian Center (Alta Loma Riding Club, Rancho Rebels 4-H, Rising Stars of Equestrian Therapy and Rancho Cucamonga Citizen Mounted Patrol) to address maintenance needs and programming. Epicenter Rentals/Activities: The following rental events took place at the Epicenter during the month of June 2009: Date Or anization Event Location June 4 Inland Valley Daily Bulletin Practice/High School Epicenter Stadium June 8"' All Stars Game June 10 Rancho Cucamonga High Graduation Ceremony Epicenter Stadium School 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 Jul 4 Communit Services De t. 4 of Jul Celebration E icenter Stadium Jul 18 NABA All Star Games E icenter Stadium Jul 22-24` Quakes Youth Baseball Cam E icenter Fields August 22" Abundant Living Family Church Singles Ministry - "Real Men Can Cook" Epicenter Plaza August 23` Pacific Coast Baseball Lea ue Championship Games Epicenter Stadium October 17"' Alzheimer's Association Memory Walk Parking Lots A & B and surrounding City streets Park and Recreation Commission: • The Park and Recreation Commission met on Thursday, June18, 2009. Items discussed/acted upon at this meeting included: - ~ City Council_Updates.~._----- - -____ - Approval of May 21~` Commission meeting minutes. - Semi-Annual update on CSD marking efforts. - Update on the Central Park Phase II project. - Senior Advisory Committee update. - Sports Advisory Committee update. The next meeting of the Commission will be held on Thursday, July 16, 2009. Rancho Cucamonga Community Foundation: P80 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PncE 11 JULY 15, 2009 • The Communitv Foundation Board of Directors held their Annual Meeting on June 10, 2009. The following items were discussed/acted upon at this meeting. - Review and discussion regarding the Season Announcement Event held on April 20`h at Flemings in Victoria Gardens. - Review and evaluation of the 2009 Gala for the Arts held on May 16`" at the Cultural Center. - Update on the 2009 Community Foundation Golf Tournament to be held November 16, 2009, at the Red Hill Country Club. - Strategic Planning Session -planning for the year 2015. - Dinner and Recognition of Patron of the Arts volunteers who assisted the Foundation with the 2009 Gala of the Arts. • The Foundation is sponsoring a free community World Music Summer Concert Series at the Bank of America Imagination Courtyard. Featured performers include: Date Time Performers June 27 5:30 - 7:00 p.m. Billy and the Hillbillies - A quartet featuring classic American Blue rass music and corned . July 8, 2009 6:00 - 7:30 p.m. Batuqueiros -Musicians featuring a blend of traditional & contem ora Afro-Brazilian beats. July 15, 6:00 - 7:30 p.m. West African Highlife Band -Authentic West African 2009 musicians featuring a combination of percussion, vocal and uitar sounds. July 22, 6:00 - 7:30 p.m. Taikoproject-America's premiere Taiko drummers 2009 featurin Ja anese American culture and herita e. During the summer the Foundation Board Members will be working on their upcoming fall fundraiser, the Golf Tournament, as well as holding meetings of their Executive & Finance Committee and Board Development Committee. The next full Communitv Foundation Board meeting will be held in October 2009. Res ectfully submit ed, ~_~ p~ ~.w"" KevinMcArdle _ ____ ___ __ ____________ _ _ _ Community Services Director Ilrcv000011DepartmenfslCOMMSERVICouncil&BoardslCityCouncillStaffReports120091CSD. Update7.15.09.doc STAFF REPORT PUBLIC WORKS SERVICES DEPARTMENT Date: July 15, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William Wittkopf, Public Works Services Director By: Emest Ruiz, Streets, Stonn Drains and Fleet Superintendent Keri Hinojos, Senior Buyer i RANCHO ~UCAMONGA Subject: AUTHORIZATION FOR THE PURCHASE OF ONE (1) 17,000 GVWR CREW CAB DUMP/STAKEBED TRUCK FROM SUNRISE FORD OF FONTANA, CALIFORNIA AS PER REQUEST FOR BID ("RFB") #09/10-002 IN THE AMOUNT OF $43,780.03 FROM ACCT. NO. 1712001-5604 (VEHICLE AND EQUIPMENT REPLACEMENT FUND) RECOMMENDATION It is recommended that the City Council authorize the purchase of one (1) 17,000 GVWR Crew Cab Dump/Stakebed Truck from Sunrise Ford of Fontana, California as per Request for Bid ("RFB") #09/10-002 in the amount of $43,780.03 from account number 1712001-5604 (Vehicle and Equipment Replacement Fund). BACKGROUND/ANALYSIS City Council approved the purchase of one (1) 17,000 GVWR Crew Cab Dump/Stakebed Truck in the adopted FY 2009/10 budget as a part of the Vehicle and Equipment Replacement Fund. The Public Works Services Department provided specifications to the Purchasing Department for the purchase of the 17,000 GVWR Crew Cab Dump/Stakebed Truck. Purchasing prepared and sent RFB #09/10-102 to twenty-seven (27) vendors; fourteen (14) vendors downloaded the RFB from the City's website and seven (7) responses were received. After analysis of the bid responses by the Fleet Supervisor, Streets, Storm Drains and Fleet Superintendent and Purchasing Staff, it has been determined that an award be authorized to Sunrise Ford of Fontana, California, the lowest, most responsive, responsible bidder that meets the spec cations-required by the Public-Works Services-Departmentfor_the 9Z,000_GVWR Crew Cab Dump/Stakebed Truck. Bid details are on file in the Purchasing Department. • One (1) SR#1623 w/Flat Bd/Utl Trk (Budget line item description) Res ully s miffed, William Wittkopf Public Works Services Director P81 WW/ER P82 STAFF REPORT _ PUBLIC WORKS SERVICES DEPART~NT Date: To: From: By: Subject: July 15, 2009 Mayor and Members of the City Council Jack Lam, AICP, City Manager Bill Wittkopf, Public Works Services Director Ty Quaintance, City Facilities Superintendent AUTHORIZATION TO RENEW CONTRACT 06-180 ON AMONTH-TO-MONTH BASIS FACILITIES IN THE AMIOUNT OF $723,849 ($653 845 ANNUAL CONTRACT PLUS $20,000 EXTRA WORK ALLOWANCE AND $50,000 IN SUPPLIES) FOR FISCAL YEAR 2009-2010 WITH NO INCREASE FROM FISCAL YEAR 2008-2009 RATES TO BE FUNDED FROM ACCOUNT NUMBERS 1001312-5304 (CONTRACT SERVICES, FACILITIES) AND 1700201-5304 (CONTRACT SERVICES, FACILITIES) It is recommended that the City Council authorize the renewal of a contract (06-180) on a month-to- month basis with ABM Janitorial Services for the cleaning of city-wide facilities in the amount of $723,845 ($653,845 annual contract plus $20,000 extra work allowance and $50,000 in supplies) for fiscal year 2009-2010 with no increase in rates from fiscal year 2008-2009 to be funded from account numbers 1001312-5304 (Contract Services, Facilities) and 1700201-5304 (Contract Services, Facilities). BACKGROUND ANALYSIS On October 4, 2006, City Council approved a contract with ABM Janitorial Services to provide cleaning services for City-wide facilities. The term of the contract was for a total of 3 years, with fiscal year 08/09 being the last year. However, staff is requesting that this contract be continued on a month-to-month basis to allow adequate time to update the specifications before the contract is re-bid. ABM has submitted a letter of intent wishing to continue service at their current rates. They have provided good service during the last year and staff recommends continuing the contract with this contractor with the same scope of work as fiscal year 2008-2009. Res a ttully ubmitted Bill Wittkopf Public Works Services Director BW:TO:sm P83 STAFF REPORT ENGINEERING SL"12VICES DEPAR1 :~fL'NT RANCHO Date: July 15, 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: Linda Ceballos, Environmental Programs Manager Subject: CONSIDERATION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING THIRD AMENDMENT TO AGREEMENT AND EXCLUSIVE PERMIT (CO 85-082) WITH BURRTEC WASTE INDUSTRIES, INC. FOR THE COLLECTION, DISPOSAL, AND PROCESSING OF REFUSE, RECYCLABLES, AND GREEN WASTE WITHIN RESIDENTIAL SERVICE AREAS ONE, TWO, THREE, AND FOUR IN THE CITY OF RANCHO CUCAMONGA AND FIRST AMENDMENT TO AGREEMENT AND NON-EXCLUSIVE PERMIT (CO 86-067, CO 86-068, and CO 86- 069) FOR THE COLLECTION, DISPOSAL, AND PROCESSING OF COMMERCIAL AND INDUSTRIAL REFUSE, RECYCLABLES, AND GREEN WASTE WITHIN THE CITY OF RANCHO CUCAMONGA Staff recommends that the City Council approve the third amendment to permit CO 85-082 and the first amendment to permits CO 86-067, CO 86-068, and CO 86-069 with Burrtec Waste Industries, Inc. for the collection of residential, commercial and industrial refuse, recyclables, and green waste in the City of Rancho Cucamonga. BACKGROUND/ANALYSIS The City's permitted waste haulers for residential, commercial, and industrial refuse, recyclables, and green waste have changed since July 1985 due to various approvals made by the City Council. As a result, Burrtec Waste Industries (Burrtec) now holds all of the exclusive and non-exclusive permits for waste hauling in the City. Burrtec performs the work of collecting these items as specified in each of the permits, and assists the City with maintaining compliance with the waste diversion goals specified in AB 939. Currently, Burrtec is converting its collection vehicle fleet from diesel to clean alternative fuels, and has asked the City to amend the terms of the agreement so that the conversion process would not result in rate increases. An amendment to the agreement with Burrtec is required in order to enact the following provisions: The term of the Residential Consolidated Permit and Agreement and the Commercial Consolidated Permit and Agreement shall continue to, and including June 30, 2019. The term shall automatically be extended for successive six (6) year periods unless either party P84 r 15, 2009 P,~cr. 2 hereto serves a Notice of Nonrenewal on the other party at least six (6) months prior to the expiration of the term hereof or of any six (6) year extension of that term. • Burrtec shall replace all diesel vehicles used in the provision of services pursuant to the permit and agreement with alternative fuel vehicles on or before June 30, 2012. From that date forward, Burrtec shall use only alternative fuel vehicles in the provision of services pursuant to the permit and agreement. The intent is that the alternative fuel vehicles be phased in during the three year period prior to June 30, 2012. • The residential rates for the part of the City located North of Banyan shall be reduced from the rates approved on June 6, 2007, such that the rates for the part of the City located north of Banyan shall be identical to the rates for the area south of Banyan. The rate reduction shall be effective for services provided commencing September 1, 2009. • Commencing January 2016, for each month that Burrtec does not achieve or maintain the goal of a diversion rate that is at least five (5) percentage points higher than the 2009 diversion rate, the franchise fee paid by Burrtec shall be increased by two (2) percentage points. FISCAL IMPACT There is no budgetary impact associated with this action. Respectfully Submitted, Mark Steuer Director of Engineering Services/ City Engineer Attachments: - THIRD AMENDMENT TO AGREEMENT AND EXCLUSIVE PERMIT WITH BURRTEC WASTE INDUSTRIES, INC. FOR THE COLLECTION, DISPOSAL, AND PROCESSING OF REFUSE, RECYCLABLES, AND GREEN WASTE WITHIN RESIDENTIAL SERVICE AREAS ONE, TWO, THREE, AND FOUR IN THE CITY OF RANCHO CUCAMONGA AND EXHIBIT "A" FIRST AMENDMENT TO AGREEMENT AND NON-EXCLUSIVE PERMIT (CO 86- 067, CO 86-068, and CO 86-069) FOR THE COLLECTION, DISPOSAL, AND PROCESSING OF COMMERCIAL AND INDUSTRIAL REFUSE, RECYCLABLES, AND GREEN WASTE WITHIN THE CITY OF RANCHO CUCAMONGA AND EXHIBIT "A" Page 1 of 1 Griffin, Shirr'I From: Lee, Karen Sent: Tuesday, July 28, 2009 7:20 AM To: Griffin, Shirr'I Cc: Ceballos, Linda Subject: Resubmitting Staff Report for July 15th Agenda Item Attachments: July 15, 2009 Burrtec Revised Agreements.doc Good Morning Shirr'I, Per our conversation yesterday, I have corrected the typos in the staff report for the agenda item presented during the July 15'h council meeting. Please let me know if there are any questions. Karen Lee Environmental Programs City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Ph (909) 477-2740 ext. 4062 Fx (909) 477-2746 E-mail Karen`.Lee@cityofrc.us P85 FIRST AMENDMENT TO AGREEMENT AND NON-ENCLUSNE PERMIT FOR THE COLLECTION. DISPOSAL, AND PROCESSING OF COMMERCIAL AND 1NDUSTRIAL REFUSE, RECYCLABLES, AND GREEN WASTE WITHIN THE . CITY OF RANCHO CUCAMONGA This First Amendment ("First Amendment") is made and entered into between the City of Rancho Cucamonga; a California municipal corporation ("City"), and Bumec Waste Industries. Inc., a California corporation (the "Permittee"), this ] ~`s day of July; ?009. RECITALS A. City and Western Waste Industries entered into that certain Agreement And Non- Exclusive Permit For The Collection And Disposal Of Commercial and Industrial Refuse Within City Of Rancho Cucamonga dated July 1, 1986 (the "1986 Western Waste Permit and Agreement"). B. City and Yukon Disposal Service entered into that certain A~*reement And Non- Exclusive Permit For The Collection And Disposal Of Commercial and Industrial Refuse Within City Of Rancho Cucamonga dated July 1, 1986 (the "1986 Yukon Disposal Permit and Agreement"). C. City and Rancho Disposal Service entered into that certain Agreement And Non- ExclusivePermit For The Collection And Disposal Of Commercial and Industrial Refuse Within City Of Rancho Cucamonga dated July 1; 1986 (the "1986 Rancho Disposal Permit and Agreement"). D. Permittee has acquired; and now holds, all three of the above referenced Permits and A~-eements. E. Permittee has inforn~ed Citv that Permittee is investing in the conversion of its collection vehicle fleet from diesel to clean alternative fuels. F. Contractor represents to the City that Permittee possesses the labor, equipment, facilities, expertise and financial capability to provide refuse collection and disposal services; and recycling collection services, from all commercial and industrial establishments in the City of Rancho Cucamonga. G. City desires to consolidate the ] 986 Raucho Disposal Permit and Agreement, the 1986 Western Waste Permit and Agreement, and the 1986 Yukon Disposal Permit and Agreement, into a sin~~le Pernlit and Agreement with Permittee. H. Concurrently herewith, City and Perntittee are entering into that certain Third Amendment To Agrceement And Exclusive Permit bVith Bunrtec Waste Industries; Inc. For The Collection. Disposal, And Processing Of Refuse; Recyclables, and Green Waste Within Residential Service Areas One, Two; Three And Four In The City Of Rancho Cucamonga. NOW, THEREFORE, the parties agree as follows: 11231-0001A114964Sv3.doc P86 Section 1. City and Pennittee acknowledge and agree that Pennittee holds the 1986 Rancho Disposal Petmit and Agreement, the 1986 Western Waste Penuii and Agreement; and the 1986 Yukon Disposal Perntit and Agreement. The 1986 Rancho Disposal Permit and Agreement; the 1986 Vdestern Waste Permit and A_reement; and the 1986 Yukon Disposal Permit and Agreement are hereby consolidated into one Permit and A~meement, refen~ed to herein as the Commercial Consolidated Perniit and Agreement. Pursuant to the Commercial Consolidated Permit and Agreement, and subject to applicable law, Perntittee has the exclusive right and privilege to collect and dispose off refuse, and collect recyclables from all commercial and industrial establishments in the City. Section 2. The teen of the Commercial Consolidated Pernrit and Agreement shall continue to; and including June 30; 2019. The term shall automatically be extended for successive six (6) year periods unless either party hereto serves a Notice of Nonrenewal on the other party at least six (6) months prior to the expiration of the term hereof or of any six (6) year extension of that teen. Section 3. All services pursuant to the Commercial Consolidated Permit and Agreement shall be provided in accordance with Exhibit "A", Specifications, attached hereto and incorporated herein by this reference. The Specifications attached to the 1986 Yukon Disposal Permit and Agreement, the 1986 Rancho Disposal Permit and Agreement, and the 1986 Western Waste Permit and Agreement as Exhibit "A" are hereby superceded in their entirety. Section 4. The parties acknowledge that the rates currently in effect for the Commercial Consolidated Permit and Agreement were approved by the City Council on ,Tune 6; 2007, and became effective on July 7, 2007. Section 5. The parties acknowledge that the franchise fee currently in effect is I S% of Pennittee's gross revenues. Section 6. Notices to Pennittee pursuant to Paragraph thirteen (l3) of the Commercial Consolidated Permit and Agreement shall be addressed as follows: Burrtec Waste Industries, Inc. 9890 Cherry Avenue Fontana, California 92335-5202 Section 7. Paragraph hventy-three (23) is hereby added to the Commercial Consolidated Permit and .4_~reement. as follows: " 23. This Commercial Consolidated Pern~it and Agreement shall be interpreted and construed reasonably and neither for or against either party; regardless of the degree to which either party participated in its drafting." Section 8. Paragraph twenty-four (24) is hereby added to the Commercial Consolidated Permit and Agreement, as follows: II331-0001AI149648v3.doc P87 `24. If a court of competent jurisdiction holds any non-material provision of this Agreement to be invalid and unenforceable, the invalidity or unenforceabi]ity of such provision shall not affect any of the remaining provisions of this Agreement which shall be enforced as if such invalid or unenforceable provision had not been contained herein." Section 9. Paragraph twenty-five (25) is hereby added to the Commercial Consolidated Permit and Agreement, as. follows: " 26. On or about January l , 2010, City shall determine the diversion rate for calendar year 2009 (the "2009 Diversion Rate"). Permittee agrees to cause the Diversion Rate to increase by five (~) percentage points above the 2009 Diversion Rate on or before December 31, 201 ~. By way of example only, if the 2009 Diversion Rate is 50%, the 2015 Diversion Rate must be »%. COMMENCING JANUARY OF ?016, FOR EACH MONTH THAT PERMITTEE DOES NOT ACHIEVE OR MAINTAIN THE GOAL OF A DIVERSION RATE THAT IS AT LEAST FIVE (5) PERCENTAGE POINTS HIGHER THAN THE 2009 DIVERSION RATE; THE FRANCHISE FEE PAID BY PERMITTEE SHALL BE INCREASED BY TWO (2) PERCENTAGE POINTS. By way of example only; if the franchise fee is 1 ~%, the franchise fee for each month that Permittee does not achieve or maintain the goal of a Diversion Rate that is at least five (5) percentage points higher then the 2009 Diversion Rate would be seventeen percent (17%) of Permittee's gross revenues collected hereunder. For purposes of this paragraph, "diversion" shall have the meaning ascribed in Section 40124 of the California Public Resources Code. The Diversion Rate shall he determined in accordance with the California Integrated Waste Management Act of 1989, and regulations adopted by the California Integrated Waste Management Board. Solid waste and recyclables that are collected by Perntittee pursuant to both the Commercial Consolidated Permit and Agreement and the Residential Consolidated Permit and Agreement (defined in that certain Third Amendment To Agreement And Exclusive Pern~it With Burrtec Waste Industries. Inc. For The Collection. Disposal; and Processing Of Refuse, Recyclables, and Green Waste Within Residential Service Areas One, Two; Three And Four In The City Of Rancho Cucamonga of even date herewith), shall he included in the calculation of the Diversion Rate. Solid waste and recyclables that are not collected"by Permitte"e sfiall be excluded from'the calculation of the -- Diversion Rate. Perntittee Initials'' Section 10. In the event of any conflict between this First fvnendment and provisions of the Commercial Consolidated Permit and Agreement, the provisions of this First Amendment shall control. Except as amended herein; the Commercial Consolidated Permit and A~meement shall remain in full force and effect. t izsi-oooni iavc,as,-~.ao~ 3 P88 1N WITNESS ~>,'HEREOF; the PARTIES hereto have executed this Agreement as of the date first above stated. CITI' OF RANCHO CUCAMON'GA, a California municipal corporation Mayor ATTESTED BY City Clerk APPROVED AS TO FORM James L. Markman City Attorney BURRTEC WASTE INDUSTRIES, INC. President P89 EaHIBIT "A" SPECIFICATIONS I. DEFINITION OF TERMS For the purposes of these Specifications, any word or phrase used herein defined in Chapter 8.18 of the Rancho Cucamonga Municipal Code shall be consri-ued in accordance with that definition. II. WORK TO BE DONE A. Work to be done under this Agreement shall include furnishing of all labor; material and equipment necessary for, and the collection of, all refuse; recyclables, and green waste from industrial and commercial establishments within the City of Rancho Cucamonga according to these Specifications, and the disposal or processing of such refuse, recyclables, and green waste in the nearest available dump, transfer station, or other processing facility as directed by the City. B. Permittee shall collect refuse at least once per week from each commercial and industrial establishment which subscribes to that service. Food processing operations shall be serviced at least twice a week. C. Permittee shall render services at all times in accordance with Chapter 8.18 of the City's Municipal Code and all ordinances of City as they now or may hereafter exist. D. Permittee shall not be required to collect refuse unless it has been placed in containers pursuant to said Chapter 8.18. E. Should Permittee fail to collect and dispose of refuse set out or placed for collections, as herein provided, at times required, after notification by City and reasonable time, City may collect and dispose of same and Permittee shall be liable for the expense incurred, including City's reasonable overhead costs of 30%. 111. STANDARDS"FOR-COtitiECT10NS A. Permittee shall so conduct its operations so as to offer the ]east possible obstruction and inconvenience to public traffic or disruption to the peace or quiet of the area within which collections are effected. B. Permittee shall maintain all trucks and equipment used within City in good mechanical condition and the same shall be clean and uniformly painted and numbered. All trucks and equipment shall have painted thereon; or affixed thereto. in letters and numerals at ]east six (6) inches in height; the name and 11231-0001\11490i0v3.doc P90 telephone number of Pennittee, which name and telephone shall be clearly visible at all times. Each vehicle utilized by Pennittee shall be identified by numerals at least six (6) inches in height in a location or locations on such vehicles to be specified by City. A list showing each vehicle so identified shall be supplied to Cirv and maintained in a current posture. All trucks and equipment used in the performance of the Agreement shall be subject to inspection by City and, upon notice given by City, Pernlittee shall make the equipment available for inspection. If City finds that any truck or equipment being used by Pennittee is not in satisfactory condition then the truck or equipment requiring correction of defects shall not be used by Pennittee in the performance of the Agreement until corrected to the reasonable satisfaction of City. All truck bodies used by contractor shall be constnacted in accordance with Section $.17.220A of City's Municipal Code. Each piece of equipment sued by Pennittee shall carry at all times a broom and shovel to be used for the immediate removal of any spilled material. C. Permittee shall replace al] diesel vehicles used in the provision of services pursuant to this Permit and Agreement with alternative fuel (as that teen is defined in Section 2020 of Article 4 of Chapter 1, Division 3, Title 13, of the California Code of Regulations) vehicles on or before June 30, 2012. From that date forward, Pennittee shall use only alternative fuel vehicles in the provision of services pursuant to this Permit and Agreement. The intent of the parties is that the alternative fuel vehicles be phased in during the three year period prior to June 30, 2012. D. Eight (8) hours of labor shall constitute a legal day's work for all worlanen employed in the execution of this contract and Pernrittee and any subcontractors under Permittee shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in the Labor Code of the State of California; as the same maybe amended from time to time. E. No container shall be placed in a public street or right-of--way by Pennittee. F. All spilled material shall be immediately removed by Pennittee. G. Pennittee shall dispose of all collected refuse at Pennittee's expense; at an -- authorized-point-ofdcposit as~directed-by-the-Gity. H. Pennittee shall supply its employees with uniforms of a type approved by the City Manager. In the event of an epidemic, war, riot, insurrection or other natural or man-made disaster. Pennittee shall make available all of its employees, vehicles, equipment and facilities to City as required by the City Manager. 11231-0001AI 149050v3.doc P91 IV. COMPLAINT SERVICE A. Pennittee shall maintain a telephone sen~ice with a local exchange area telephone number for the purpose of handling complaints or emergency service calls. The said telephone service shall be operated between the hours of 8:00 a.m. and x:00 p.m. of each day during which collections are made hereunder. (Section8.18.240 Rancho Cucamonga Municipal Code). B. Complaints received by Pennittee shall be recorded in a log established for that purpose and shall specify the date and time of the complaint and the substance thereof. The disposition of the complaint and the date of disposition shall be recorded and a copy of said log shall be provided to City monthly. C. Penmittee shall have available, during the hours while Pennittee's telephone service is in operation, an emergency service vehicle to attend to complaints or emergency calls. D. Pernittee shall visit City offices at such times as City shall designate for the purpose of discussing any matters relating to, or any complaints which may be involved with, the perfornance of the Agreement. Permittee shall report back as directed on any action taken with reference to subject matter so discussed. Coordination of such check-in meetings to be arranged by City. E. Permittee shall own or ]ease and maintain at its expense all equipment necessary to perform its duties as provided for under the Agreement, including sufficient radio equipment for office to field equipment communication. F. Every effort will be made to provide a good quality of complaint service and follow-up in the community. V. PERFORMANCE BOND Pennittee shall, upon the execution of the Agreement, execute and file with City, a corporate surety bond in favor of City in the penal sum of One Hundred Thousand Dollars ($] 00,000.00), conditioned upon the faithful performance of said Agreement, which said bond shall be furnished and kept in full force and effect for the complete term of the Agreement. VI. SUPERVISION A. Performance of each of the provisions of the Agreement shall he under the direction of City Mana<~er desienate3d representatives or his designee and the work hereunder shall be done in a thorough and workmanlike manner under the direction, and to the satisfaction, of the City Manager or his desi~mee. B. The City Manager or designee shall have the right to review any and all advertising and notice regarding industrial and commercial refuse collection by the Pennittee prior to publication or distribution of such materials. The Petn~ittee t i,,i-nonni t~~0;o~3.d~c P92 is not to publish or distribute any advertising and notice materials without the prior approval of the City Manager. Said prior approval shall beat least fifteen (1 ~) days prior to proposed distribution. V'II. PAYMENTS AND FRANCHISE FEES A. All commercial and industrial accounts shall be directly billed by Permittee. B. The records of Pennittee in this regard shall be available at reasonable times for the inspection of City. During the first one (1) year of the teen of the Agreement (July 1, 1986 through June 30, 1987 inclusive) Permittee shall pay to City an amount equal to five percent (~%) of Pennittee's gross revenues collected hereunder. During the second and third years of the term of the Agreement (July 1, 1987 through June 30, 1989, inclusive), Pennittee shall pay to City an amount equal to seven and one-half percent (7 1/2%) of Permittee's gross revenues collected hereunder. During the remainder of the term of this Agreement; including any extensions thereof, Pennittee shall pay to City an amount equal to ten percent (10%) of Pennittee's gross revenues collected hereunder..411 such payments during the term hereof shall be made to City within thirty (30) days of the conclusion of each calendar quarter during the teen hereof, including any extension thereof. Upon the expiration of any such thirty (30) day period, a delinquent assessment of twenty-five percent (2~%) per month shall be levied against the unpaid balance. All remittances by Pennittee shall be accompanied by a report setting forth the basis and calculations used for computing the amount due. VIII. FEES .AND GRATUITIES Except as provided by the Agreement, Permittee shall not, nor shall Pennittee permit any agent, employee or subcontractor employed by it to request, solicit. demand or accept, either directly or indirectly. any compensation or gratuity for the collection of refuse. IX. SUBCONTRACTORS Permittee shall not assign; transfer, or subcontract this Agreement; or any pan thereof, without first obtaining the written consent of City. X. WAIVERS No acquiescence; failure or neglect of either City or Permittee to insist on strict performance of any or all of the terms of the Agreement or of these Specifications shall he considered as or constitute a waiver of any teen or condition of the Agreement or any pcrfonnance required thereunder; or any remedy, damage or other liability arising out of such refusal, neglect or liability arising out of such refusal, neglect or inability to perform at anv time. I 1231-I I(IU I \ 1149USUv3doc P93 XI. LAWS AND REGULATIONS .A. Pemiittee shall comply with all laws; ordinances, rules and regulations of the State, County, City and all governine bodies having jurisdiction applying to work done or to be done under the Agreement. Pennittee shall conform to and abide by all ordinances of City and of the County of San Bernardino and of the cities through which refuse collected may be hauled or wherein refuse maybe deposited. B. Permittee shall exonerate, indemnify and hold harmless City and its elected officials, officers; agents and employees, from and against and shall assume full responsibility for payment of all wages or salary and all Federal, State and local taxes or contributions imposed or required under Unemployment Insurance, Social Security, Income Tax Laws and Worker's Compensation Laws with respect to Pennittee's employees engaged in the performance of the Agreement. XII. CHANGES City may at any time by a written order direct that changes or extras be made in the work, specifications and schedules relating to the Agreement. If any such changes cause an increase or decrease in the cost of, or, the time required for performance of the Agreement, an equitable adjustment shall be made in the Agreement price or schedule, or both, and the Agreement shall be modified in writing in accordance with procedures established in Chapter 8.18 of the Rancho Cucamonga Municipal Code. Any claim by Pennittee for adjustment under this clause must be asserted within thirty (30) days from the date of receipt by Pennittee of the notification of changes. However, nothing in this paragraph shall excuse Pennittee from proceeding with the A~~reement as changed. XIII. UNINTERRUPTED SERVICE Pennittee shall make all necessary arrangements to provide uninten-upted service to their industrial and commercial accounts throughout the period of the Agreement. XIV. INTERPRETATION OF DOCUMENTS In the event of any uncertainty, conflict or ambiguity in the terms of the Agreement, these Specifications or of any ordinance of the City regardingperfonnance underthe A_greement, the City Manager shall have the right to make an interpretation and such mteipretation shall be final Permitter agrees to adhere to and comply with any such interpretation of the City Manager. 11211-0001 \1I49050v3.duc P94 THIRD AMENDMENT TO AGREEMENT AND EXCLUSNE PERMIT WITH BURRTEC WASTE INDUSTRIES, INC. FOR THE COLLECTION. DISPOSAL, AND PROCESSING OF REFUSE, RECYCLABLES, AND GREEN WASTE WITHIN RESIDENTIAL SERVICE AREAS ONE, TWO. THREE AND FOUR IN THE CITY OF RANCHO CUCAMONGA This Third Amendment ("Third Amendment") is made and entered into between the City of Rancho Cucamonga, a California municipal corporation ("City"); and Bumec Waste Industries, Inc., a California corporation (the "Permittee"), this 15~' day of July, 2009. RECITALS A. City and Best Disposal Company entered into that certain Agreement And Exclusive Permit For The Collection And Disposal Of Refuse Within Residential Service .Area Number One In The City Of Rancho Cucamonga dated July 1, 1985 (the "1985 Service Area One Permit and Agreement"). B. City and Western Waste Industries entered into that certain Agreement And Exclusive Permit For The Collection And Disposal Of Refuse Within Residential Service Area Number Two In The City Of Rancho Cucamonga dated July 1, 1985 (the "1985 Service Area Two Permit and Agreement"). C. City and y'ukon Disposal Service entered into that certain Agreement And Exclusive Permit For The Collection And Disposal Of Refuse Within Residential Service Area Number Three In The City Of Rancho Cucamonga dated July 1, 1985 (the "1985 Service ,Area Three Permit and Agreement"). D. City and Rancho Disposal Service, Permitee's predecessor in interest, entered into that certain Agreement And Exclusive Permit For The Collection And Disposal Of Refuse Within Residential Service Area Number Four In The City Of Rancho Cucamonga dated July 1, 7985 (the "1985 Service Area Four Pernrit and Agreement"). E. On August 18, 1999, City approved the Assignment and Transfer of Permit by Yukon Disposal Service to Permittee, of the 1985 Service Area One Permit and Agreement and the 198 Service Area Three Permit and Agreement. F. On June 20, 2007 City approved-the Assignment-and"Transfer of Permit by Waste Management to Pem~ittee, of the 1985 Service Area Two Permit and Agreement (Waste Management having previously acquired Western Waste Industries). G. The 198 Service Area One Permit and Agreement, the 19S~ Service Area Three Permit and Agreement, and the 1985 Service Area Four Permit and A~*reement, were amended by that certain Amendment To Agreement And Exclusive Permit With Burrtec Waste Industries, Inc. For The Collection And Disposal Of Refuse Within Residential Service Areas One, Three And Four In The City Of Rancho Cucamonga dated May 2, 2001 (the "First Amendment"), and by that certain Amendment To Agreement And Exclusive Permit With Burrtec Waste Industries, 11231-0001AI146828v5.dnc P95 Inc. For The Collection And Disposal Of Refuse Within Residential Service Areas One; Three .And Four In The City Of Rancho Cucamonga dated June 6; ?007 (the "Second Amendment"). H. The 1985 Service .Area Two Permit and Agreement was amended by that certain Amendment To Agreement And Exclusive Permit With USA Waste of California Incorporated For The Collection And Disposal Of Refuse Within Residential Service Areas Two In The City Of Rancho Cucamonga dated May 2, 2001 (the "First Amendment"). I. Pennittee has informed City that Pennittee is investing in the conversion of its collection vehicle fleet from diesel to clean alternative fuels. J. Contractor represents to The City that Pennittee possesses the labor, equipment, facilities, expertise and financial capability to provide refuse collection and disposal services, Breen waste collection services, and recycling collection services from all residential units in the City of Rancho Cucamonga. K. City desires to consolidate the 1985 Service Area One Permit and Agreement, the 1985 Service Area Two Permit and Agreement, the 1985 Service Area Three Permit and Agreement, and the 1985 Service Area Four Permit and Agreement, into a single Permit and Agreement with Pennittee. L. Concurrently herewith, City and Pennittee aze entering into that certain First Amendment To Agreement And Non-Exclusive Permit For The Collection; Disposal; and Processing Of Commercial And Industrial Refuse, Recyclables, and Green Waste \\~ithin The City Of Rancho Cucamonga. NOW, THEREFORE, the parties agree as follows: Section ]. City and Pennittee acknowledge and agn'ee that Permittee holds the 1985 Service Area One Permit and Agreement, the ] 985 Service Area Two Permit and Agreement, the 1985 Service Area Three Perniit and Agreement; and the 1985 Service Area Four Pernrit and Agreement. The 1985 Service Area One Permit and Agreement, the 1985 Service Area Two Permit and Agreement, the ]985 Service Area Three Permit and Agreement, and the 1985 Service Area Four Permit and Agreement; as amended by the First and Second Amendments; are hereby consolidated into one Perniit and Agreement; referred to herein as the Residential Consolidated Permit and Agreement, Contract No. CO 85-82. Pursuant to the Residential Consolidated Permit and Agreement, and subject to applicable law, Petn~ittee has the exclusive right and privilege to collect and dispose off refuse, collect green waste, and collect recyclables from the occupants of all residential units in the City. Section 2. The term of the Residential Consolidated Permit and Agreemem shall continue to, and including June 30, 20] 9. The term shall automatically be extended for successive six (6) year periods unless either party hereto serves a Notice of Nonrenewal on the other parry at least six (6) months prior to the expiration of the teen hereof or of any six (6) year extension of that term. 1123]-0001AI14C828v5.doc P96 Section 3. All services pursuant to the Residential Consolidated Permit and 4greement shall be provided in accordance with Exhibit "A", Specifications, attached hereto and incorporated herein by this reference. The Specifications attached to the 1985 Service Area One Permit and Agreement, the 1985 Service Area Two Permit and Agreement, the 1985 Sen-ice .Area Three Permit and Agreement, and the 1985 Service Area Four Permit and Agreement as Exhibit ".A" are hereby superseded in their entirety. Section 4. Permittee acknowledges that it is required to provide automated collection of solid waste, recyclables, and oneen waste. Section 5. The parties acknowledge that the rates currently in effect for the Residential Consolidated Permit and Agreement were approved by the City Council on June 6; 2007, and became effective on July 7, 2007. Notwithstanding the preceding sentence, Permittee agrees that the rates for the part of the City located North of Banyan shall be reduced from the rates approved on June 6, 2007, such that the rates for the part of the City located North of Baryon shall be identical to the rates for the area South of Banyan. The rate reduction shall be effective for services provided commencing September 1, 2009. Section 6. The parties acknowledge that the franchise Fee currently in effect is ] 5% of Perniittee's gross revenues. Section 7. Notices to Pemrittee pursuant to Paragraph thirteen (13) of the Residential Consolidated Permit and Agreement shall be addressed as follows: Butrtec Waste Industries, Inc. 9890 Cherry Avenue Fontana, California 92335-5202 Section 8. Paragraph twenty-four (24) is hereby added to the Residential Consolidated Pernrit and Agreement, as follows: " 24. This Residential Consolidated Permit and Ag7eement shall be interpreted and construed reasonably and neither for or against either party. regardless of the degree to which either party participated in its drafting." Section 9. Paragraph twenty-five (25) is hereby added to the Residential Consolidated"Permit and Agreementas"follows:- " 25. If a court of competent jurisdiction holds any non-material provision of this Agreement to be im alid and unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement which shall be enforced as if such invalid or unenforceable provision had not been contained herein." Section 10. Paratmaph twenty-six (26) is hereby added to the Residential Consolidated Permit and Agreement, as follows: i r_~i-onoiti iaesza~-s.a°° P97 "26. On or about January 1, 2010; City shall determine the diversion rate for calendar year 2009 (the `2009 Diversion Rate"). Pennittee agrees to cause the Diversion Rate to increase by five (~) percentage points above the 2009 Diversion Rate on or before December 3 ] , 201 ~ ~ By way of example only, if the 2009 Diversion Rate is 50%, the 201 ~ Diversion Rate must be »%. COMMENCING JANUARI' OF 2016, FOR EACH MONTH THAT PERMITTEE DOES NOT .ACHIEVE OR MAINTAIN THE GOAL OF A DIVERSION ROTE THAT IS AT LEAST FIVE (5) PERCENTAGE POINTS HIGHER THAN THE 2009 DIVERSION RATE, THE FRANCHISE FEE PAID BY PERMITTEE SHALL BE INCREASED BY TWO (2) PERCENTAGE POINTS. Byway of example only, if the franchise fee is 1 ~%, the franchise fee for each month that Pennittee does not achieve or maintain the goal of a Diversion Rate that is at least five (~) percentage points higher then the 2009 Diversion Rate would be seventeen percent (17%) of Pennittee's gross revenues collected hereunder.. For purposes of this paragraph, "diversion" shall have the meaning ascribed in Section 40124 of the Califomia Public Resources Code. The Diversion Rate shall be determined in accordance with the Califomia Integrated Waste Management Act of 1989, and regulations adopted by the Califomia Integrated Waste Management Board. Solid waste and recyclables that are collected by Pennittee pursuant to this Residential Consolidated Permit and Agreement and pursuant to the Commercial Residential Consolidated Permit and Agreement (defined in that certain First Amendment To Agreement And Non- Exclusive Permit For The Collection, Disposal, and Processing Of Commercial And Industrial Refuse, Recyclables, and Green \',%aste Within The City Of Rancho Cucamonga of even date herewith). shall be included in the calculation of the Diversion Rate. Solid waste and recyclables that are not collected by Pennittee shall be excluded from the calculation of the Diversion Rate. Pennittee Initials" Section 11. In the event of any conflict between this Third Amendment and provisions of the Residential Consolidated Permit and Agreement, the provisions of this Third Amendment shall control. Except as amended herein, the Residential Consolidated Pem~it and Agreement shall remain in full force and effect. 11231-0001AI146R28v~.doc P98 III' R'ITNESS ~'~'HEREOF; the PARTIES hereto have executed this Agreement as of the. date first above stated. CITY OF R4NCH0 CUCAMONGA, a California municipal corporation Mayor ATTESTED BY City Clerk APPROVED AS TO FORM James L. Markman City Attorney BURRTEC V1'ASTE INDUSTRIES, INC. President 11331-0001\1136S28v5.doc P99 E?1HIBIT "A" SPECIFICATIONS I. DEFINITION OF TERMS For the purposes of these Specifications, any word or phrase used herein defined in Chapter 8.17 of the Rancho Cucamonga Municipal Code shall be construed in accordance with that definition. II. WORK TO BE DONE A. Work to be done under this Agreement shall include furnishing of all labor, material and equipment necessary for; and the collection of, all refuse, recyclables, and green waste from residential units within the City of Rancho Cucamonga according to these Specifications, and the disposal or processing of such refuse, recyclables, and green waste in the nearest available dump, transfer station; or other processing facility. B. Pennittee shall collect refuse at least once per week from each residential unit which subscribes to that service. C. Permittee shall observe the following six (6) holidays annually whereby there will be no residential refuse collection and collection shall occur one day late following the holiday. (1) January 1 -New Year's Day (2) May-Memorial Day (3) July 4 -Independence Day (4) September -Labor Day -First Monday in September (~) November -Thanksgiving Day (6) December 25 -Christmas Day D. Pennittee shall render services at all times in accordance with Chapter 8.17 of the City's Municipal Code and all ordinances of City as they now or may hereafter exist. E. Pernrittee shall not be required to collect refuse unless it has been planed in containers or otherwise bundled pursuant to said Chapter 8.17. Pennittee aerees to furnish without additional or special char~ae trucks, labor and all other necessary equipment and personnel to participate in an annual City Clean-up Campaign for one day at such time as is designated by City. Collections during the Annual Clean-up Campaign will be made at locations designated by the City; provided; however, that the number of locations shall not exceed two (2) per service area. In addition to collecting refuse and recyclables, Perntittee shall also collect furniture, large household appliances, automobile parts, scrap lumber and other like items. 11231-0001\1149049v4.doc P100 G. Should Pennittee fail to collect and dispose of refuse set out or placed for collections; as herein provided, at times required, after notification by City and reasonable time; City may collect and dispose of same and Pennittee shall Ue liable for the expense incurred, including City's reasonable overhead costs of .i 0°/a. H. Permittee shall make refuse collections at least once per week at all City facilities within pennittee's refuse collection area; and said service shall be exempt from collection charges. III. MAINTENANCE OF SCHEDULES Current routes, schedules and tunes for collections of refuse shall be maintained but may be changed by prior authorization of City and after at least one (1) week's advance notice to occupants in areas where chanties are to be made. IV. STANDARDS FOR COLLECTIONS A. Petmittee shall so conduct its operations so as to offer the least possible obstruction and inconvenience to public traffic or disruption to the peace or quiet of the area within which collections are effected. In accordance therewith, collections of refuse shall not be made between the hours of 6:00 p.m. and 6:00 a.m. B. Permittee shall maintain all trucks and equipment used vt~ithin City in good mechanical condition and the same shall be clean and uniformly painted and numbered. All trucks and equipment shall have painted thereon, or affixed thereto, in letters and numerals at least six (6) inches in height, the name and telephone number of Pennittee, which name and telephone shall be clearly visible at all times. Each vehicle utilized by Pennittee shall be identified by numerals at least six (6) inches in height in a location or locations on such vehicles to be specified by City. A list showing each vehicle so identified shall be supplied to City and maintained in a current posture. All trucks and equipment sued in the performance of the Agreement shall be subject to inspection by City and. upon notice given by City, Pennittee shall make the equipment available.for inspection. If City finds that any truck or equipment being used by Pemtittee is not in satisfactory condition then the truck or equipment requiring correction of defects _ ___ __._ shall not be used by Pennittee in the performance of the Agreement until corrected to the reasonable satisfaction of City. Al] truck bodies used by Contractor shall be constructed in accordance with Section 8.17.2(l0A of City's Municipal Code. Each piece of equipment used by Pennittee shall carry at all times a broom and shovel to be sued for the immediate removal of any spilled material. II231-0001V 149049c4.doc P101 C. Pennittee shall replace all diesel vehicles used in the provision of services pursuant to this Permit and Agreement with alternative fuel (as that term is defined in Section 2020 of .Article 4 of Chapter 1, Division 3, Title 13, of the California Code of Regulations) vehicles on or before June 30; 2012. From that date forward, Pennittee shall use only alternative fuel vehicles in the provision of services pursuant to this Permit and Agreement. The intent of the parties is that the alternative fuel vehicles be phased in during the three year period prior to June 30.2012. D. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and Permittee and any subcontractors under Pennittee shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in the Labor Code of the State of California, as the same maybe amended from time to time. E. Unless otherwise directed by City, Permittee shall make all collections of refuse from the curb along the street in front of each residential unit, except where paved alleys exist in the rear of such properties, then from such properties collections shall be made by Pennittee from alleys; provided, however, that this requirement shall not apply to a blind alley. In any event, Permittee shall not be under any obligation to enter private courts or places, or other private property, to make collections under this Ag=reement. F. All refuse, recycling, and green waste trucks shall be equipped with a mechanical arm that lifts and empties a specially designed container that has wheels and attached lids. The Perntittee shall provide these automated containers. G. The standard sizes area 96-gallon container for regular waste, a 60-gallon container for recyclables (plastic, glass, aluminum, etc.), and a 9~-gallon container for green waste (grass, yard trimmings, etc.) Each container is color coded to specify which waste material should be placed inside. All of these new containers are on wheels. Pemtittee will provide containers for regular waste, recyclables, and green waste. H. All containers shall be placed by Permittee, following collection therefrom; in an upright position where found; provided, however, if residential containers are found in a public street, the same shall be placed on the nearest curb, sdewalk, driveway,-or_parkway,_and out o£said.street._No_container_shall re_placed_in a public street by Pennittee. Permittee shall not throw refuse containers from a truck to the ground, or in any other \vay break. damage, or roughly handle said containers. Pennittee shall replace any container damaged by Permittee upon order of City where refuse containers are in conformance with City specifications. All spilled material shall be immediately removed by Pennittee. 11231-000IU 149049v4.doc P102 When any refuse is not collected by pennittee, Pennittee shall leave a tag, provided at Permittee's cost, at least 2" x 6" in size, on which is specifically stated the reason for the refusal to collect and stating the City ordinance or provision of the Agreement which has been violated. such tag shall contain thereon the name, address and telephone number of Pennittee and shall be securely fastened to the telephone number of Pern~ittee and shall be securely fastened to the container or article. Permittee shall maintain a record of the location where all and any such tags have been placed. In the event the reason for non-collection is not remedied or cured by the date of the next regular pickup for the location, Pennittee shall provide City with written notice thereof, stating the full particulars of the reason for no collection and location thereof. K. Pennittee shall dispose of all collected refuse at Petrnittee's expense; at an authorized point of deposit as directed by the City. L. Pennittee shall supply its employees with uniforms of a type approved by the City Manager. M. In the event of an epidemic; war, riot, insurrection or other natural or man-made disaster, Pennittee shall make available all of its employees, vehicles, equipment and facilities to City as required by the City Manager. V. COMPLAINT SERVICE A. Permittee shall maintain a telephone service with a local exchange area telephone number for the purpose of handling complaints or emergency service calls. The said telephone service shall be operated between the hours of 8:00 a.m. and 5:00 p.m. of each day during which collections are made hereunder. (Section 8.17.229 Rancho Cucamonga Municipal Code). B. Complaints received by Permittee shall be recorded in a log established for that purpose and shall specify the date and time of the complaint and the substance thereof. the disposition of the complaint and the date of disposition shall be recorded and a copy of said log shall be provided to City monthly. C. Pennittee shall have available, during the hours while Pennittee's telephone service is in operation; an emergency service vehicle to attend to complaints or __ emergency calls- D. Pennittee shall visit City offices at such times as City shall designate for the purpose of discussing any matters relating to, or any complaints which may be involved with, the performance of the Agreement. Pennittee shall report back as directed on any action taken with reference to subject matter so discussed. Coordination of such check-in meetings to be arranged by City. E. Pennittee shall own or lease and maintain at its expense all equipment necessary to perform its duties as provided for under the .Agreement, including sufficient radio equipment for office to field equipment communication. 4 i i z~ i -oon ni i avna9"a.d~,~ P103 F. Every effort will be made to provide a good quality of complaint service and follow-up in the community. VI. PERFORMANCE BOND Permittee shall, upon the execution of the Agreement, execute and file with City, a corporate surety bond in favor of City in the penal sum of One Hundred Thousand Dollars ($100;000.00), conditioned upon the faithful performance of said Agreement, which said bond shall be furnished and kept in full force and effect for the complete terms of the Agreement. VII. SUPERVISION .4. Performance of each of the provisions of the Agreement shall be under the direction of City Manager designated representatives or his designee and the work hereunder shall be done in a thorough and workmanlike manner under the direction, and to the satisfaction; of the City Manager or his designee. B. The City Manager or designee shall have the right to review any and all advertising and notice regarding residential refuse collection by the Permittee prior to publication or distribution of such materials. The Permittec is not to publish or distribute any advertising and notice materials without the prior approval_of the City Manager. Said prior approval shall be at least fifteen (1 ~) days prior to proposed distribution. VIII. PAYMENTS AND FRANCHISE FEES A. All residential unit accounts shall be directly billed by Pernrittee. B. All non-temporary charges for service shall be based on a monthly rate approved by the City Council. Billing and collection for service maybe done on a quarterly basis in advance of service; providing the due date of said bill is no more than sixty-five (65) days prior to the end of the quarter where service is being provided. `Permittee shall refund any portion of charges for service which is not provided within ten (10) days of cancellation of service. C. The records of Pennittee in this regard shall be available at reasonable times for the inspection of City. D. During the first two (2) years of the term of the Agreement (July 1, 195 through ,lune 30, 1957, inclusive); Pennittee shall pay to City an amount equal to five percent (~%) of Pennittee's gross revenues collected hereunder. Durine the third and fourth years of the teen of the Agreement (July 1; 1957 through June 30; 1959, inclusive); Pennittee shall pay to City an amount equal to seven and one- halfpercent (7 1/2%) of Pennittee's gross revenues collected hereunder. Dunn: the remainder of the tens of this Agreement, including any extensions thereof, Pennittee shall pay to City an amount equal to ten percent (10%) of Permitiee~'s gross revenues collected hereunder. All such payments during the terns hereof 5 11231-0001AI 149049v4.doc P104 shall be made to City within thirty (30j days of the conclusion of each calendar quaver during the term hereof, including any extension thereof. Upon the expiration of any such thirty (30) day period,. a delinquent assessment of twenty- five percent (2~%) per month shall be levied against the unpaid balance. All remittances by Perntittee shall be accompanied by a report setting forth the basis and calculations used for computing he amount due. IX. FEES .AND GRATUITIES Except as provided by the Agreement. Permittee shall not; nor shall Pennittee permit any agent, employee or subcontractor employed by it to request, solicit, demand or accept, either directly- or indirectly, any compensation or gratuity for the collection of refuse. X. SUBCONTRACTORS Permittee shall not assign; transfer, or subcontract this Agreement; or any part thereof, without first obtaining the written consent of City, except that Permittee may sell or otherwise dispose of salvaged refuse after same has been collected. XI. WAIVERS No acquiescence, failm'e or neglect of either City or Permittee to insist on strict performance of any or all of the terms of the Agreement or of these Specifications shall be considered as or constitute a waiver of any teen or condition of the Agreement or any performance required thereunder; or any remedy, damage or other liability arising out of such refusal, neglect or liability arising out of such refusal, neglect or inability to perform at any time. XII. LAWS AND REGULATIONS .A. Permittee shall comply with all laws, ordinances; rules and.re~*ulations of the State, County, City and all governing bodies having jurisdiction applying to work done or to be done under the .Agreement. Permittee shall conform to and abide by all ordinances of City and of the County of San Bernardino and of the cities through which refuse collected maybe hauled or wherein refuse maybe deposited. B. Permittee shall exonerate, indemnify and hold harmless City and its elected -- - - officials; officers; agents and employees; from and-against and shall assuriie full responsibility for payment of al] wages or salary and all Federal, State and local taxes or contributions imposed or required under Unemployment Insurance, Social Security, Tncome Tax Laws and Worker's Compensation Laws with respect to Perniittee's employees engaged in the performance of the Agreement. XIII. CHANGES City may at any time by a written order direct that changes or exn'as be made in the work; specifications and schedules relating to the Agreement. If any such changes cause an I I ?3 I -0UO I\ I] 49U49v4doc P105 increase or decrease in the cost of, or the time required for performance of the A~~reement; an equitable adjustment shall be made in the A~=reement price or schedule, or both. and the Agreement shall be modified in writing in accordance with procedures established in Chapter 8.17 of the Rancho Cucamonga Municipal Code. Any claim by Permittee for adjustment under this clause must be asserted within thirty (30) days from the date of receipt by Permittee of the notification of changes. However, nothing in this paraeraph shall excuse Permittee from proceeding with the Agreement as changed. XIV. UNINTERRUPTED SERVICE Permittee shall make all necessary arrangements to provide uninterrupted service to occupants throughout the period of the Agreement. XV. INTERPRETATION OF DOCUMENTS In the event of any uncertainty, conflict or ambiguity in the terms of the Agreement, these Specifications or of any ordinance of the City regarding performance under the Agreement; the City Manager shall have the right to make an interpretation and such interpretation shall be final. Permittee agrees to adhere to and comply with any such interpretation of the City Manager. 11231-0001\1149049v4doc P106 ~~- STAFF REPORT - PUBLIC WORKS SERVICE'S DEPARTMENT RANCHO Date: July 15, 2009 CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Bill Wittkopf, Public Works Services Director By: Ty Quaintance, City Facilities Superintendent Subject: AUTHORIZATION TO AWARD A CONTRACT RENEWAL (CO 07-124) TO ELLIS ENTERPRISES OF LOS ALAMITOS FOR WINDOW CLEANING SERVICES FOR VARIOUS CITY FACILITIES FOR FISCAL YEAR 2009-2010, WITH THE OPTION TO RENEW FOR AN ADDITIONAL ONE (1) YEAR PERIOD UPON MUTUAL CONSENT BY THE CITY MANAGER AND CONTRACTOR, IN AN ANNUAL AMOUNT OF $81,720 PLUS $10,000 EXTRA WORK, WITH NO COST INCREASE FOR FISCAL YEAR 2009-2010 TO BE FUNDED FROM 1 001 31 2-5304 RECOMMENDATION It is recommended that the City Council authorize a contract renewal (CO 07-124) to Ellis Enterprises of Los Alamitos for window cleaning services for various city facilities for fiscal year 2009-2010, with the option to renew for an additional one (1) year period upon mutual consent by the City Manager and Contractor, in an annual amount of $81,720 plus $10,000 for extra work, with no cost increase for fiscal year 2009-2010 to be funded from 1001312-5304. BACKGROUND ANALYSIS On September 5, 2007, the City Council approved a contract with Ellis Enterprises for window cleaning services for various city facilities. This is the third year of a four year maximum contract term. The contractor has submitted a letter of intent expressing their desire to continue service to the City of Rancho Cucamonga at the same rates as fiscal year 2008-2009. Ellis Enterprises has proven to be a competent, customer service friendly contractor. Therefore, staff recommends approving the contract renewal with Ellis Enterprises for fiscal year 2009-2010. Res ully bmitt , Bill Wittkopf Public Works Services Director BW:TO:sm P107 STAFF REPORT ~ ~ ~ PUBLIC WORKS SERVICES DEPARTMENT RANCHO Date: July 15, 2009 CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Bill Wittkopf, Public Works Services Director By: Jeff Bames, Parks and Landscape Maintenance Superintendent Subject: AUTHORIZATION TO AWARD A CONTRACT RENEWAL (CO 08-162) TO UNITED PACIFIC SERVICE, INC. (UPS) OF LA HABRA, FOR CITY-WIDE TREE MAINTENANCE SERVICES FOR FISCAL YEAR 2009-2010, UPON MUTUAL CONSENT BY THE CITY MANAGER AND CONTRACTOR, IN AN ANNUAL AMOUNT OF $582,850 PLUS $10,000 EXTRA WORK, WITH NO COST INCREASE FOR FISCAL YEAR 2009-2010 TO BE FUNDED FROM VARIOUS CITY ACCOUNTS AS APPROVED IN THE FISCAL YEAR 2009-2010 BUDGET RECOMMENDATION It is recommended that the City Council authorize a contract renewal (CO 08-162) to United Pacific Service, Inc. (UPS) of La Habra, for city-wide tree maintenance services for fiscal year 2009-2010, upon mutual consent by the City Manager and Contractor, in an annual amount of $582,850 plus $10,000 extra work, with no cost increase for Fiscal Year 2009-2010 to be funded from various city accounts as approved in the Fiscal Year 2009-2010 budget. BACKGROUND ANALYSIS On October 15, 2008, the City Council approved a contract with United Pacific Service, Inc. (UPS) for city-wide tree maintenance services. This contract may be extended on a year-to-year basis by mutual agreement of the City Manager and the contractor. All other terms and conditions of the original agreement remain intact. This is the first full year of the contract and the contractor has submitted a letter of intent expressing their desire to continue service to the City of Rancho Cucamonga at the same rates as fiscal year 2008-2009. UPS has proven to be a competent, customer service friendly contractor. Therefore, staff recommends approving the contract renewal with UPS for fiscal year 2009-2010. Resp ully bmitted Bill Wittkopf Public Works Services Director BW:JB:sm P108 STAFF REPORT ENGINHERING SER~~ ICES DEPARTMENT ' Date: July 15, 2009 RANCHO To: Mayor and Members of the City Council C,[7CAMONGA Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Walt Stickney, Associate Engineer(;~~ Shelley Hayes, Assistant Engineer~.~1 Subject: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $297,579.38, TO THE APPARENT LOW BIDDER, UST DEVELOPMENT INC., AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $29,757.94, FOR THE WILSON AVENUE LANDSCAPING AND TRAIL FROM CARNELIAN TO EAST OF CARNELIAN TO BE FUNDED FROM BEAUTIFICATION FUNDS, ACCOUNT NO. 1110316-5650/1364110-0 AND MEASURE I FUNDS, ACCOUNT NO. 1176303-5650/1364176-0 AND APPROPRIATE $190,000.00 TO ACCOUNT NO. 1 1 1 0 31 6-56 5 0/1 3 6411 0-0 AND $145,000.00 TO ACCOUNT NO. 1176303-5650/1364176-0 FROM BEAUTIFICATION AND MEASURE I FUND BALANCES, RESPECTIVELY RECOMMENDATION It is recommended that the City Council accept the bids received and award and authorize the execution of the contract in the amount of $297,579.38, to the apparent low bidder, UST Development Inc., and authorize the expenditure of a 10% contingency in the amount of $29,757.94, for the Wilson Avenue Landscaping and Trail from Carnelian to east of Carnelian to be funded from Beautification Funds, Account No. 1110316-5650/1364110-0 and Measure I Funds, Account No. 1176303-5650/1364176-0 and appropriate $190,000.00 to Account No. 1 1 1 031 6-5650/1 364 1 1 0-0 and $145,000.00 to Account No. 1176303-5650/1364176-0 from Beautification and Measure I fund balances, respectively. BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on June 30, 2009, for the subject project. The Engineer's estimate for the base bid was $431,615.00. Staff has reviewed all bids received and found them to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds the apparent low bidder meets the requirements of the bid documents. This project was originally funded for Fiscal Year 08/09 but did not meet the deadline to open bids before the fiscal year end. Given that the funds were not expended in FY 08/09, the funds are being re=appropriated for Fiscal Year 09/10. The scope of work consists of removal of existing sidewalk on the north side of Wilson, removal of existing trees on both sides of Wilson, new decomposed granite trail and 2-rail PVC fencing on the north side of Wilson, landscaping and hardscape on the south side of Wilson and east side of Carnelian, irrigation system and installation of street lights. The contract documents call for forty-five (45) working days to complete this construction. Re ubmitted, er~~~~-_ Director of Engineering Services/City Engineer MAS:SH/rlc Attachments P109 D O N D y C O D O O D O O D D '~ O D O O D D_ V O O D D D O D D D O D O D O D D D D D O O O, D O O D D D D O D ? O^ y O D ~ D O O p O V F O M ~ ~'i l7 - N T o N n m O D N O o ^ N , r O N n w P ~ r ~ W O vi N ry D cd O ~D O N O O r ~° m D ~/ y y y ~ ~ a N m O ~D n N r+ n ~ N m_ a` N y O Q: O y n -~ y r O N n ~ t: O W n < N ~ ? J .y i ~ O 5 y ~ ~ M (9 W y M h V % n W N (9 Hl y W Q~ N K 9 (9 - tll n M r (R O ~ Y (9 WN V3 Vf ~ Ny (A (9 V3 ti ~ . 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O, ro ^ o ~ y v ° ~ 3 io v o ° " o J ro a~ > L N F x u ~ L c N n a " U u ~ °' ~ ~ ' ! y 5 E ~ S L N N ° O 'E 9 a y L U A~ ro 'O o y G N N ro 6 P O E O ° .O O o O .~ E O ~ u ~ E (7 n . 6. ~„ ~ ~,,~ v m °~ ~ o a E v ~ E E o, y- .E c7 U N u v o r "a o a ~ m F ro = 'm w 3 ~' Z~ p U W 'v0 ¢ Q ~ s 3 F in a ¢ n: K Z G o. ¢ N ~ N N + N ~ ~ U N M N O ( a -. m _ _ _ _ ~ ~ _ _ Q _ _ _ ~ VJ _ J Q W W W W W J V1 W W W J (q J J J J Q U L = J (/J W W J W W ~ W W J J N Z L ~ m o ~ 0 O Oi a O7 !~ N m N N O] ~ n N 0) y n N m t7 m ~ LL 10 ~ V1 M ~ V N L r• W D` O N M V to v0 [~ W D` O .~ N M V to vl r W D• N O C') .. f") O Y N M N N N N N N N N N P114 -' t\NA OR ~ l f ,, ' --- --°--- HILLSI E RD, ILL IOE R I i ~ ~ II ~ ~ w ILSO AV i WI NAV EEC LSON SIV G .. Q' ~' y ~ ~ ~ ~ 11 BANY N ST \ u i ~ ~ w w 12 OFR ~ I OFW 121 = ~ < ~C>•pRl PA IN O CTORI U ~~ Q ~ N ~ ~ ~ ~ f BASE LI ~ ., ...8 SELI . w ' f CHU CH S . ' ' CHU CM 5 y ~ F( 5 F OTHI BL $~~- .~: ~ , a .. Vt CE E ~y ARR W RT ~ TM S ~ , ~ JERSEV BL ,~, 8 MST ~ = C 7 H Si ~ ~ 57H ST ~ ---- ` = fH ST ~ F ~ ° 4 Q 4TH S O N ". 1 ' n .. ~ . ` e~ °n :~ ra " 5~ PR©J~ECT n N a Z N Q J W ~?t Q "" WILSON AV w m CU Vicinity Map Wilson Ave. landscaping and trail Carnelian Ave. to 1,400 ft east of Carnelian Ave STAFF REPORT COMMUNITY SERVICES DEPARTMENT P115 Date: July 15, 2009 RANCHO To: Mayor and Members of the City Council cUCAMONGA Jack Lam, AICP, City Manager From: Kevin McArdle, Community Services Director Subject: APPROVAL OF THE ASSIGNMENT AND ASSUMPTION OF LEASE AND CONSENT TO LEASE AGREEMENT BETWEEN VALLEY BASEBALL CLUB, INC., RANCHO BASEBALL LLC, HENRY E. STICKNEY, ROBERT A. BRETT AND THE CITY OF RANCHO CUCAMONGA RELATING TO THE TRANSFER OF THE LEASE AGREEMENT FOR THE QUAKES BASEBALL TEAM RECOMMENDATION It is recommended that the City Council approve the Assignment and Assumption of Lease and Consent to Lease Agreement between Valley Baseball Club, Inc., Rancho Baseball LLC, Henry E. Stickney, Robert A. Brett and the City of Rancho Cucamonga relating to the transfer of the lease agreement for the Quakes Baseball team. The City's approval of the proposed agreement is subject to the successful closing of the Asset Purchase Agreement between the ownership parties, obtaining necessary approvals from professional baseball associations and the full payment of all outstanding amounts due to the City by current owner Henry E. Stickney as a required part of the closing. The proposed agreement is attached as Attachment #1. BACKGROUND The City Of Rancho Cucamonga initially entered into an agreement with Valley Baseball Club Inc., and its majority owner Henry E. Stickney, in 1992 for the lease of the Epicenter stadium for Quakes baseball games. The original agreement was modified on thirteen (13) separate occasions over the first seven years. This original agreement was scheduled to terminate on September 30, 2002. In August, 1999 the City and Valley Baseball Club, Inc. approved an Amended and Restated Lease Agreement which extended the period of the lease through September 30, 2012 and modified some of the terms of the lease. This current lease agreement has since been modified on six (6) occasions. ry Quakes held a press conference to announce that Mr. Stickney and the other team owners had reached an agreement to sell the team to a new ownership group, with majority ownership by Robert and George Brett. The Brett brothers are owners of Brett Sports and Entertainment based in Spokane, Washington. Attachment #2 to this report is information on Brett Sports and Entertainment. The name. of the new company will be Rancho Baseball, LLC, provided all the conditions for the sale are completed. Robert Brett will serve as the Chief Executive Officer of Rancho Baseball, LLC. Since the Epicenter opened in Rancho Cucamonga and the_ Quakes began playing in the stadium Hen E Stickney has been the majority owner of the team. In March, 2009 the The City's approval is required for the. existing lease agreement, which is held with Valley Baseball Club, Inc., to be assigned to Rancho Baseball, LLC. Staff and the City Attorney have been working with both parties to complete the details necessary for the lease assignment. If P116 REQUEST FOAAPPRO V.4L OF ASSIGNMEAT/ASSUMPT70N OFLE.4SE BETIY~EEN CITYAND VALLEI' PAGE2 BASEBALL CLUB INC. H. STICIu'\rEY, R BRETTtL\'D 1YtrL\'SFER OF QUAKES BASEBAII. TFiL1f JULY ts, zoo9 approved, the proposed lease assignment will transfer all of the rights and obligations of the current lease to the new owners, including all of the financial responsibilities. Robert A. Brett will sign a personal financial guaranty for the assigned lease, insuring that all payments due to the City from the team will be properly guaranteed in the future, as Mr. Stickney has provided in the past. There would be no change to any of the existing terms of the lease except for those relating to team ownership. The Quakes enjoy a solid Major League Baseball affiliation with the Los Angeles Angels of Anaheim, and their Player Development Contract which expires on September 30, 2010 would not be affected by this change in Quakes ownership. In addition to the required lease assignment approval by the City, there are a number of additional approvals required of the owners from the professional baseball leagues. Mr. Stickney and Mr. Brett have been diligently pursuing these approvals, and final consideration is now being given to the proposed ownership sale by Major League Baseball (MLB). One of the conditions for obtaining MLB approval is for the new owner to obtain the lease assignment from the City. To facilitate the final approval from MLB for the ownership transfer, staff is recommending that the City Council approve the attached proposed Assignment and Assumption of Lease and Consent to Lease Agreement between all involved parties, subject to the following conditions: 1. Approval is contingent upon the successful closing of the Asset and Purchase Agreement between the ownership groups, and 2. Approval is contingent upon the City receiving written acknowledgement of ownership transfer approval from all required professional baseball organizations, and 3. Approval is contingent on complete payment to the City of all outstanding debts and invoices by Valley Baseball, Inc. and/or Henry E. Stickney as part of the closing. The owners anticipate all these transactions to be complete by August 1, 2009. Once this lease assignment is fully approved and in force following the closing of the Asset and Purchase Agreement, staff will work closely with Mr. Brett and Rancho Baseball, LLC to insure a smooth transition for the new owners and a successful completion of the existing lease term which concludes on September 30, 2012. It is anticipated that City staff will begin meeting with Mr. Brett in early 2010 to discuss the possible extension of the current lease agreement past the current 2012 expiration. Kevin fv~Ardle Community Services Director Attachments: #1 -Assignment and Assumption of Lease and Consent to Lease Agreement #2 - Information regarding Brett Sports and Entertainment, Inc ATTACHMENT Ill P117 ASSIGNMENT AND ASSUMPTION OF LEASE AND CONSENT TO LEASE ASSIGNMENT THIS ASSIGNMENT AND ASSUMPTION OF LEASE AND CONSENT TO LEASE ASSIGNMENT (this "Assignment") made. the _ day of 2009 (the "Effective Date") by and among VALLEY BASEBALL CLUB, INC., a California corporation doing business as the RANCHO CUCAMONGA QUAKES BASEBALL CLUB (hereinafter referred to as "Assignor"), RANCHO BASEBALL, LLC, a Washington limited liability company (hereinafter referred to as "Assignee"), HENRY E. STICKNEY, an individual (hereinafter referred to as "Current Guarantor"), ROBERT A. BRETT, an individual (hereinafter referred to as "New Guarantor"), and the CITY OF RANCHO CUCAMONGA (hereinafter referred to as "Landlord"). RECITALS A. Assignor is the tenant and Landlord is the landlord under that certain amended and restated lease dated August 18, 1999 (the "Lease"), as amended, a copy of which is attached hereto as Exhibit A, with respect to a certain baseball stadium located in the city of Rancho Cucamonga, Califomia and referenced as the "Stadium" in the Lease. B. Current Guarantor guaranteed the Assignor's payment of the minimum annual rent and improvement rent as required by the Lease. A copy of the Current Guarantor's guaranty agreement is attached hereto as Exhibit B. C. Pursuant to the terms and provisions in that certain Asset Purchase and Sale Agreement between Assignor, Assignee and certain other parties named therein (the "Asset Purchase Agreement"), Assignee is purchasing substantially all of the assets of Assignor. D. Subject to the terms and conditions herein, Assignor desires to assign its right, title, interest, duties and obligations as tenant under the Lease to Assignee and Assignee desires to assume the right, title, interest, duties and obligations of Assignor thereunder. E. New Guarantor desires to guaranty the lease obligations of Assignee as described in Paragraph 38 of the Lease, which arise subsequent to the Effective Date, upon the assignment of the Lease pursuant to this Assignment. F. Landlord desires to consent to this Assignment of the Lease from Assignor to Assignee in accordance with the terms hereof and accepts the guaranty of New Guarantor. G. Any terms not specifically defined herein shall have the same meanings as defined under the Lease. WITNESSETH: NOW, THEREFORE, for valuable consideration, including the covenants set forth in the Asset Purchase Agreement, the receipt, adequacy and sufficiency of which are hereby acknowledged, as of the Effective Date, the parties hereto agree as follows: P118 1. Subject to the closing of the Asset Purchase Agreement (the "Closing"), Assignor does hereby assign and transfer to Assignee all of Assignor's right, title and interest under the Lease, and Assignee agrees to and hereby accepts such assignment. 2. Assignor hereby assigns, and Assignee hereby assumes and agrees to keep, perform, and fulfill all the terms, covenants, conditions, duties and obligations of Assignor as the tenant under the Lease which may arise or be required to be performed, kept or observed following the Effective Date, including but not limited to the making of all payments due to the Landlord under the lease when due and payable. 3. Landlord hereby: (i) expressly gives written consent to this Assignment as required by Paragraphs 8 and 47 of the Lease in accordance with the terms hereof; (ii) relieves Assignor from any and all duties and obligations under the Lease on or after the Effective Date; and (iii) relieves Current Guarantor of any and all duties and obligations under his guaranty agreement on or after the Effective Date. Landlord's consent and relief to Assignor and Assignee stated in this Paragraph 3 is contingent upon Landlord having received, through the above- referenced Closing, all payments due and owing from Assignor to Landlord as of the date of the Closing. 4. New Guarantor hereby guarantees Assignee's rent payment obligations as described in Paragraph 38 of the Lease, effective for rent payment obligations arising subsequent to the Effective Date. A copy of the New Guarantor's guaranty agreement is attached hereto as Exhibit C. 5. Assignor does hereby agree to indemnify, defend and hold Assignee harmless from and against any and all liabilities, obligations, costs, expenses, claims, actions and damages under the Lease existing or occumng on or prior to the Effective Date. 6. Assignee does hereby agree to indemnify, defend and hold Assignor harmless from and against any and all liabilities, obligations, costs, expenses, claims, actions and damages under the Lease occumng after the Effective Date. 7. Landlord and Assignee certify, represent and warrant that the Lease is in full force _ __ _ __ and effect, constitutes the entire agreement between Landlord and Assignee with respect to the Stadium, and that there are no other agreements between Landlord and Assignee, either oral or written, with respect to the Stadium. 8. Landlord and Assignee certify, represent and warrant that neither Assignor nor Landlord are in default under the Lease, nor, to the best knowledge of Landlord and Assignee, has any event occurred or does any condition exist which could give either Assignee or Landlord the right to claim default under the Lease after the passage of time, the giving of notice or otherwise. 2 P119 9. This Assigmnent shall be void and of no further force or effect if the transactions contemplated by the Asset Purchase Agreement do not close or the Asset Purchase Agreement is terminated. 10. This Assignment shall be construed under the laws of the State of California without regard to conflicts of law provisions. 11. This Agreement may be modified only in writing, signed by Assignor, Assignee, Current Guarantor, New Guarantor and Landlord or their respective successors or assigns. 12. This Assignment shall be binding upon and inure to the benefit of Assignor, Assignee, Current Guarantor, New Guarantor and Landlord and their respective successors and assigns. 13. This Assignment maybe executed in counterparts, each of which shall be an original, but all of which when taken together shall constitute one and the same instrument. 14. This Assignment maybe recorded or a memorandum of this Assignment maybe recorded at the request of any party hereto. [SIGNATURE PAGE TO FOGGOWJ 3 P120 IN WITNESS WHEREOF, Assignor, Assignee, Current Guarantor, New Guarantor and Landlord have executed this Assignment and Assumption of Lease and Consent to Lease Assignment as of the date first written above. ASSIGNOR: VALLEY BASEBALL CLUB, INC. Henry E. Stickney, President ASSIGNEE: RANCHO BASEBALL, LLC By: Rancho Baseball Manager, LLC Its: Manager By: Robert A. Brett, Manager Rancho Baseball Manager, LLC CURRENT GUARANTOR: HENRY E. STICKNEY NEW GUARANTOR: ROBERT A. BRETT LANDLORD: CITY OF RANCHO CUCAMONGA Bv: Donald J. Kurth, Mayor 4 P121 EXHIBIT A Lease P122 ~v 9d-C~y AMENDED AND RESTATED LEASE BETWEEN CITY OF RANCHO CUCAMONGA VALLEY BASEBALL CLUB, INCe P123 TABLE OF CONTENTS A. Recitals ......................................................................... .....................1 B. Agreement .................................................................... .....................1 1. Premises ............................................................ .....................1 2. Lease Granted ................................................... .....................2 3. Term of Lease ................................................... .....................2 4. Rent Requirements ............................................ .....................2 5. Quality of Operations of Tenant ....................... .....................6 6. Nondiscrimination by Tenant ........................... .....................7 7. Tenant's Rights and Status ................................ .....................8 8. Assignment Prohibited ...................................... .....................8 9. Subleases, Concessions, Licenses, Contracts .... ....................8 t0. Advertising ......................................................... ....................8: 11. Access to the Stadium ........................................ ....................8 12. [Intentionally Omitted] ...................................... ....................12 13. Tenant's Use of the Stadium ............................. .....................12 14. Pazking Lot Rates and Revenues ...................... .....................12 l5. Indemnification and Hold Harmless .................. ....................13 16. Liability Insurance Coverage ............................. ....................13 17. Worker' Compensation Insurance Coverage .... ....................15 18. Evidence of Coverage ............................................................16 19. Ciry Not a Bailee ....................................................................17 20. Possessory Interest Tax ..........................................................17 21. Compliance with Ordets, Ordinances and Laws ....................17 22. Dischazge of Claims, Liens, Taxes ..................._...................17 23. Stadium Name ........................................................................18 24. Staffing and Concessions .......................................................18 25. Security ..................................................................................18 --26-_- .Maintenance anZl-Repatr... ..:.......................................... .........-20 27. Alterations ..................................................................... .........22 - __-_-- 28._ _Construction Bond Requiretnents.._.. _.,_._.._.._._ ___22 ------- 29. Destruction ..............:.................................................... ..........22 30. Alcoholic Beverages .................................................... ..........23 31. Utilities ......................................................................... ..........23 32. Scoreboazd .................................................................... .........23 33. Name of Team ............................................................... .........24 34. City Luxury Box, Preferred Pazking Passes, Seats and Community Events ....................................... .........24 35. Events of Default by Tenant and City's Remedies ....... .........25 36. Events of Default by City and Tenant's Remedies ....... .........29 37. [ Y ................................... . Intentional! Omitted ........... ..........30 38. Personal Guarantee ...................................................... ..........30 C~DlI\/.\11 CV9~1TDf ('.ITC P124 39. Arbitration of Disputes .................................... ......................30 40. [Intentionally Omitted] ..................................... .....................31 41. Attorneys' Fees/Legal Costs ............................. .....................31 42. Severability ....................................................... .....................31 43. Captions ............................................................ .....................31 44. Covenant and Conditions .................................. ....................31 45. Notice ................................................................ .....................32 46. No Third Party Beneficiaries of Lease .............. .....................32 47. Assignment ....................................................... .....................32 48, Surrender of Possession .................................... .....................33 Exhibit List Exhibit "A" - Site Plan of Stadium Exhibit "B" - Depiction of Additional Space _ Exhibit "C" - Fotm of Remittance Report Exhibit "D" - Depiction of Team Office Space Exhibit "E" - Parameters for Security Services Exhibit "F" - Alcohol Beverage Policy Exhibit "G" - Form of Personal Guaranty C\Pf1V AI 1 FVRA\TAI (NTS ,,__ , P125 AMENDED AND RESTATED LEASE THIS AMENDED AND RESTATED~/77LEASE is executed at Rancho Cucamonga, California, this ~ day of (.LL , 1999, by and between the CITY OF RANCHO CUCAMONGA (her(her_~ty") and VALLEY BASEBALL CLUB, INC., a California corporation (hereinafter "Tenant"). A. Recitals. (i) City constructed a baseball field, stadium and ancillary pazlting facilities which comply with major league baseball requirements for use by a Class A baseball team ("the Stadium" hereinafter). (ii) Tenant owns a franchise to operate a Class A professional baseball team as a member of the California League. (iii) The parties hereto entered into a Lease (the "Lease) executed on September 16, 199? regazding the use of the Stadium, being a portion of a public recreation azea (sports complex) owned by the City of Rancho Cucamonga for [he purpose of conducting and carrying on a Class A professional baseball fi~anchise thereon and the operation of concession stand activities and other related baseball activities. The Lease has been amended 13 times. (iv) City and Tenant desire to amend, restate and supersede the Lease as so amended and do so by approval of this Amended and Restated Lease as of the date when this Amended and Restated Lease (the "Amended Lease's is executed on behalf of City_----- ---- B. Agreement NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: 1. re is 1_Ol City, for and inconsideration of the covenants, conditions, agreements and stipulations herein set forth, does hereby lease the Stadium to Tenant. The location and extent of the Stadium is described and depicted on Exhibit "A" hereto. S'.RC.V ALLES'BA`.V BCLEASE~N70/99 P126 2. Lease Granted. 2 Oj This Amended Lease is made for the purpose of granting Tenant the nonexclusive use of the Stadium. However, no other professional or semiprofessional sports team shall be permitted to conduct games at the Stadium during the term of this Amended Lease except with the express written consent of Tenant, which consent shall not be unreasonably withheld. 3. Term of Lease. 3.01 The tetrrt hereof commenced on October 1, 1992 and shall terminate on September 30, 2012, unless earlier terminated as hereinafter provided. 4. Rent Requirements. Tenant shall pay and provide to City as and for rent for Tenant use of the Stadium, including use of the office space specified in subpazagraph 11 below, the following: 4.01 Minimum annual rent as follows: (i) The amount of $60,000 for each of calendaz years 1999 through 2002, inclusive; (ii) The amount of $70,000 for each of calendaz years 2003 through 2007, inclusive; and (iii) The amount of $80,000 for each of calendar years 2008 through 2012, inclusive. 4:02-The minimum- rent shal2-be paid-iri five equal installments. An installment shall be due on the first day of April, May, June, July and August of each calendaz yeaz during the term hereof Each payment shall be made at the offices of City's City Manager at 10500 Civic Curter Drive, Rancho Cucamonga, California. Each payment shall be made without withhold, abatement, setoff or deduction, except as specifically provided in this Amended Lease. 4.03 Additional Rent as follows: In addition to any other sums payable by Tenant to City hereunder, Tenant shall pay to City the following, referred to as "additional rent": c.onver, cvn.wnr, F~czv/vnroa ~ P127 4.03.1 During calendaz years 1999 through 2012, inclusive, the following percentages of Tenant's gross revenues generated during any such calendaz yeaz: 7% of gross revenues exceeding $1 million up to $1.2 million; 8% of gross revenues exceeding $1,200,000 up to $1.5 million; 10% of gross revenues exceeding $1,500,000 up to $1.8 million; and 15% of gross revenues over $1,800,000. 4.04 For the purposes of this Amended Lease, the phrase "gross revenues" shall mean all revenues related to Tenant's Class A baseball operation at the Stadium, including, but not Limited to, ticket sales, concessions (including revenues derived from the sale of alcoholic beverages), baseball paraphernalia, batting cage revenues, pazking fees, luxury box revenues, sign (advertising) revenues, excluding revenues derived from scoreboard use, media revenues, and program sales. However, "gross revenues" do not include tradeouts. 4.0 Additional rent shall be payable from Tenant to City on the first day of each month during a calendaz yeaz subsequent to the month during which Tenant's gross revenues first exceed the sum of $l million. Each paymrnt of additional rent shall be made a4-the offices of Guy's City~vianager at 10500~ivic Center Drive, Rancho Cucamonga, California. Each payment shall be made without withhold, abatement, setoff or deduction, except as specifically provided in this Lease Tenant shall keep and maintain records of all of its sales (whether or not included in the computation of gross revenues) in accordance with generally accepted accounting principles. Without limiting the generality of other provisions of this Amended Lease, Tenant agrees that City may, at the end of any season (approximately September 15), during normal business hotus, audit the books and records of Tenant to determine the accuracy of the statement of Gross Revenues and e. on v . r ~ evo •.vnr, e ~ c C~6/]N°° P128 corresponding additional rent calculations. In the event that an error in computing the gross revenues in excess of 5% shall be discovered, the cost of the audit shall be borne by Tenant. In all other cases, the cost of the audit shall be paid by City. II is agreed and acknowledged that the books and records of Tenant and the information contained therein shall be confidential except to the extent necessary to complete an audit. City and Tenant agree that the costs of audit incurred by City during 1999 as an integral part of the negotiations which resulted in the approval of this Amended Lease shall be shazed equally by City and Tenant. City shall invoice Tenant for one-half of said audit costs and Tenant's payment shall be due thirty (30) days from date of said invoice. 4.07 Credit for Payment of Admission Tax. The parties hereto acknowledge that City has enacted and may amend, modify or repeal an admission tax which maybe applicable to events which occur at the Stadium, including Tenant's Class A baseball operations. In that regazd, there shall be offset against any minimum annual rent and additional rent due from Tenant to City hereunder, but not against improvement rent or any other payment required of Tenant hereunder, an amount equivalent to admissions taxes theretofore received by Ciry from Tenant derived from Tenant's Class A baseball operations at the Stadium. 4.08 Improvement Rent. In consideration of City having provided and continuing to provide additional pazking as reflected in Amendments No. 4 and No. 7 to the Lease, in addition - to aay other payments dueTrom'I'ettant to Cityparsuant-to this?cmonded-L-ease, Tenant - shall pay to City monthly Improvement Rent in the amount of $6,000, payable on the first day of each month during the remaining term of this Amended Lease commencing with June, 1999. All provisions of this Amended Lease applicable to rent payments shall apply to Tenant's obligations to pay the Improvement Rent including, but not limited to, the second and third sentences of Section 4.05 and Sections 4.10 and 35.01 hereof, except that Section 4.07 shall not apply to Tenant's obligation to pay Improvement Rent. In further consideration of the City providing the above-referenced additional pazking and in addition to any other payments due from Tenant to City c'•Rf1V AI I FYAA\VR('I FASF\(v70/99 P129 pursuant to the Lease, Tenant shall pay to City thirty percent (30%) of all revenues derived by Tenant from ticket sales {excluding admissions taxes paid by patrons) and concession sales (other than beer and wine) derived from the following two events to occur each yeaz during the term of this Amended Lease through the yeaz 2002 (for a total of 8 remaining events): A. Apre-season exhibition baseball game between the Quakes and another California League team; and B. One California League sanctioned regulaz season, All Staz or Playoff game between the Quakes and another California League team to be designated by the Quakes at least sixty (60) days prior to the designated game. City may develop a specific program for any such game with the reasonable support and assistance of Tenant. If any of the S games specified above is not played due to rain or any other unforeseen circumstance, Tenant and City shall agree on an alternate date for the conduct of that game. Payments to be made by Tenant with respect to a game pursuant to A and B above shall be due within thirty (30) days following the conclusion of that game. Should the total of such payments for any calcndaz yeaz be Less than Twenty Thotuand Dollars ($20,000), Tenant's second payment for that yeaz shall be increased so that the total of the two payments for that yeaz shall be the stun of Twenty Thottsand Dollars -($20;000)." All provisions of this Amended-Lease applicable to-rent payments shall apply- to Tenant's obligation to make payments pursuant to B above, including, but not limited to, the second and third sentences of Section 4.05 and Sections 4.06, 4.10 and 35.01 of the Lease, except that Section 4.07 of the Lease shall not apply to such payments. Such payments specified for said S games shall not in any way affect the computation of additional rent pursuant to Section 4.03 of the Lease. Further, pazking revenues derived from said 8 games shall be distributed in accordance with paragraph 14 of this Amended Lease. CtR(1VAI I F.YAA\VBCLE45 E~6/30/99 Additional Space Rent. The parties acknowledge that Tenant has utilized and continues to utilize additional space consisting of one, 157 squaze foot room on the third floor of the Stadium and one room on the concourse level of the Staditun totaling 189 square feet (collectively referred to in the Lease and herein as "the Additional Space'. The Additional Space is depicted on Exhibit "B" to this Amended Lease. Through 1999 the Additional Space has borne and will beaz rent in the amount of $1.00 per square foot per month, payable in advance on the first day of each month. Such Additional Space rental is reconsidered and shall continue to be reconsidered annually, provided that commencing during 2000, should the rental of the Additional Space continue, the monthly rental rate shall increase annually based upon the increase in the Consumer Price Index for the San Bemazdino/ Riverside azea. All provisions of this Amended Lease applicable to rent payments shall apply to the Additional Space rent payments including, but not limited to, the second and third sentences of Section 4.05 and Sections 4.10 and 35.01 hereof, except that Section 4.07 shall not apply to Tenant's obligation to pay Additional Space rent. 4.10 Charges on Past Due Payn ents. A late fee shall be imposed on any rent payment not made by Tenant to City within ten (10) days after said payment is due. Said late fee shall be equal to an interest rate of ten percent (10%) per annum ofthe unpaid rent. ~L Remittance Report. All rrnt and other rernittances paid here by Tenant shall-be tender~- together with a form substantially similaz to that attached to this Amended Lease as Exhibit "C," thereby identifying the amounts and types of rent and other remittances paid by Tenant's checks. 5. Quality of Operations of Tenant, 5.01 In its Class A baseball operations at the Stadium hereunder P130 Tenant shall use its best efforts to maintain the highest degree and standards of quality of P131 products and courteous, polite and inoffensive conduct and demeanor on the pact of its representatives, agents, servants and employees. Each yeaz during the term hereof at least forty-five (45) days prior to the opening game of the Class A season, Tenant shall provide to City's City Manager, or his designee, Tenant's annual mazketing plan. ,5~ Manager and Responsible Representative. Tenant shall select and appoint its manager and inform City thereof. The manager shall be vested with full power and authority with respect to the conduct of the operations of Tenant at the Stadium. Such manager shall be generally available at his office in the Stadium or by telephone during regulaz business hours. Office Hours. Tenant shall keep its offices at the Stadium open during normal business hours. 5.04 Conduct and demeanor ofemplovees. euests, patrons. etc. Tenant shall use its best efforts to control the conduct, demeanor and appeazance of its officers, agents, employees, representatives, customers, guests, invitees, contractors and others doing business with it upon the Premises. Tenant shall have employees at the Stadium capable of communicating instructions to persons occupying the Stadium during events provided for in this Lease to reasonably provide safety to those occupants, including, but not limited to, the direction of an evacuarion in the event of an emergency. 6. nd'sc ' ati p b Tenant. 6~. ,~, Tenant shall not discriminate against any employee or applicant for employment because of sex, race, color, creed, religion, marital status or national origin, and shall not discriminate in the provision of service hereunder against any person on the basis of sex, race, color, creed, religion, marital status or national origin. C\R(IV AI I FVRA\VACLEASE\FJ30/99 P132 Tenant's Riehts and Status. 7.01 Tenant, its agents, contractors, and employees shall be at all times independent contractors and shalt not be considered agents or employees of City. 8. AssiPnment Prohibited. 8.01 The rights and privileges given to Tenant aze not assignable in whole or in part or by operation of law and any such attempted assignment shall be invalid and of no legal force or effect. This provision may be waived only with the express written consent of the Council of the City of Rancho Cucamonga, which consent shall not be withheld unreasonably. 9. Subleases. Cancesslons. Licenses. Contracts. 9~0 The provisions of Paragraph 8 above shall not~prohibit Tenant from entering into concessions, licenses or contracts for any portion of its Class A baseball operations conducted on the premises. Each concession, license of contract that is entered into by Tenant shall be subject to the provisions of this Lease. A copy of any concession license or contract shall be placed on file with City's City Manager or his designee. 10. Advertisia$. 10.01 Tenant shall have the right to sell, display and maintain advertising on the inside of the Staditun, including, but not limited to, the inside of the outfield fence of the Stadium, scoreboazd and concession areas. The advertising of alcaholic-beveragesahalFbeTermitted-underthis Lease. Tenant shall submit-to City's -- City Manager, or his designee, proposed copy for advertising. City shall have tea (10) days in which to reasonably object thereto and state the reason for such objection. If City does not object, in writing, within the ten (t0) day period, then the advertising shall be deemed approved by City. 11. Access to the Stadium. 1 I.O1 Tenant shall have full and unimpaired access to the Stadium, other than third floor City office azeas and other space used solely by City (e.g., S`RC.vA LLEYBAwBCLEAS E~N30i99 P133 janitorial storage areas) at all times between April 1 and September 30 of each calendaz yeaz during the term hereof. 11_02 Tenant shall use the Stadium for all of its home games [approximately seventy (70) ]plus any home play-off and championship games to be scheduled during the California League Season, commencing in April of each yeaz and ending approximately in mid-September of the same yeaz, plus the necessary days for practice ("the Season"). Tenant shall famish City its schedule of play, practice games and practice for each Season as soon as the playing schedule is established by the California League. City shall forthwith schedule the home games and the times and dates set for practice games and practice in the annual schedule for the Stadium with reserved time for any play-off and championship games. City may schedule other uses or events at the Stadium during the Season, provided that such uses and events shall be scheduled so as to not adversely affect the condition of the Stadium nor conflict or interfere with the practices, home games, play- off orchampionship games of Tenant. It is the intent of the parties that, to accommodate the Season, Tenant shall have priority for practice, regulaz season games, play-off and championship games. 11.03 During the term hereof, Tenant shall have the tight to the exclusive use, on a yeaz-round basis, of the office space in the Stadium as described in Exhibit "D" hereto (approximately 4,900 square feet) (the'7eam Office Space'. Unless the context other~yise rtquires, various provisions herein which apply to the Stadium sh-la l also apply to the Team Office Space. 11.04 It is understood by both parties that the Premises, including, but not limited to, the Team Office Space, and press boxes, have been constructed and are tenantable and in good condition. Tenant may, however, remodel and improve the Team Office Space and press boxes. Said remodeling and improvements shall not be deemed to include interior decor and may take place during Tenant's occupancy under this Lease subject to the fallowing conditions: P134 11.04.1 Prior to any remodeling of the Premises, Tenant shall, at its sole cost and expense, prepaze detailed plans and specifications therefor. Such plans and specifications shall be submitted to City for its approval before Tenant undertakes any such construction or remodeling or enters into or awazds a contract or contracts therefor. Upon obtaining such approval, Tenant shall forthwith cause the work called for as approved to be commenced and completed with reasonable dispatch. No substantial change, addition or alteration shall be made in the scope of the work as so approved by City without fast obtaining its approval in writing. Upon completion of the remodeling, Tenant shall furnish City, without change, two complete sets of "as built" drawings covering all work done and showing the location and detail of installation of all equipment, utility lines, heating, ventilating, air conditioning ducts and related matters. 11.04.2 All improvements, equipment and interior design and decor, constructed or installed by Tenant in the Premises, as aforesaid, including the plans and specifications therefor, shall conform in all respects to the applicable statutes, ordinances, building codes, rules and regulations of City and any other public authority which has jurisdicrion over the same. The approval above referred to shall not constitute representations or warranties as to such conformity, but responsibility therefor shat] at all times remain tn`Tenaa~- Tenant, at its-so-la cost and expense; shall prootrre, in .. _ connection with any contract that it awards or lets, all building, fire, safety and other permits necessary for the construction of the improvements, installation of the equipment and the interior design and decor. Tenant shall require, by any contract that it awazds, or lets, in connection with the improvement, the installation of any and all equipment and the inferior designing and decor, that the contractor doing, performing or famishing the same shall comply with all applicable statutes, ordinances, Bodes, rules and regulations. C\RfIV 41 I' FYR A\VRr'I FASF\NNlN99 1 h P135 1 1.04. All work done and equipment supplied and installed by Tenant pursuant to this section shall be at its sole cost and expense, including, without limitation, fees and chazges for the services of architects, designers, engineers and decorators and including, without Limitation, the repair of any damages to the Stadium or Team Office Space or any part thereof resulting from such work and installation, and shall be free and clear of liens for labor and material and Tenant shall indemnify, defend and hold City, Team Office Space and the Stadium harmless from any liability in respect thereof. Tenant shall discharge any and ali of such liens as provided in paragraph 22 of this Lease. 11.04.4 Upon the completion of remodeling by Tenant provided for herein, including, but not limited to, interior walls, ceilings, floor covering, finished flooring, electrical wiring, water pipes, plumbing, air conditioning ducts and equipment of such nature as cannot be removed without structural damage to the office space, and ail interior decoration and furishing erected or installed by Tenant upon said space, title thereto shall vest in City. 11.04. City and its authorized representatives shaft have the right to enter the Stadium and Team Office Space at all reasonable times for any of the following proposes: 11 04.5.1 To determine whether -- the premises aze in-goad condition-and~vhether Tenant is-complying with its obligations under this Amended Lease, Tenant shall be given twenty- four (24) hours' written notice of the intent of City to enter the premises for the purposes specified in this paragraph. City further agrees not to enter the premises for the purposes specified in this paragraph at such times and in such manner as to unreasonably interfere with Tenant's use of the premises, and to otherwise refrain from making an unreasonable number of such entrances. S\Rr]V ALLEYBA\vBCLEAS E\63Q'49 1 1 P136 11. 4.5. To do any necessary acts, not inconsistent with the provisions of this Amended Lease, including maintenance, and any restoration to the facilities that City has the right or obligation to perform. 12. [Intentionally Omitted.) 13. Tenant's Use of the Stadium. Tenant shall not use the Stadium, or any part thereof, or permit them to be used for any purpose or purposes other than as specified herein. Tenant shall not do or permit any act or thing to be done upon the premises which constitutes a nuisance or which may unreasonably disturb the quiet enjoyment of City or any substantial number of residents of City on adjacent or neighboring property. Tenant further agrees,~within seventy-two (72) hotus from receiving written notice by the City that a nuisance exists, to abate or otherwise cause said nuisance to be cured. 14. Parkin~Lot Rates and Revenues. Tenant may chazge patrons of baseball games conducted by Tenant at the Stadium delineated by Tenant for use of that portion of the Stadium pazkiag lot described in Exhibit "A" hereto ("the preferred parking area" hereinafter) a sum not to exceed Four Dollars ($4.00) per vehicle. Revenues derived from preferred parking azea chazges shall be included in the definition of gross revenues set forth is section 4.04 hereof. Tenant also may charge other persons for use of other areas of the Stadium parlring lot in - accordance with-the provisions of-Resolutions-passed and of ameaded~om time_tosime _ by City's Council Revenues derived therefrom, after deducting only those costs duectiy associated witli chazged parking operations, shall be divided.equally between Tenant and City and calculated and distributed by the first day of each month subsequent to a month where parking charges have been collected. The provisions of sections 4.05, 4.06, and 4.08 of this Lease shall apply to the payment of and accounting for City's equal share of such revenues. The Tenant is responsible for all personnel necessary to administer and supervise the collection of all pazking chazges. The cost of the pazking passes for City 5`.RC~V ALLEYBAIVBCLEASE~!/30/99 12 P137 league players and league officials are considered to be a cost of the chazged pazking operation and shall be paid for by the Tenant. 15. Indemnification and Hoid Harmless. Each party shall and hereby agrees to defend, indemnify, save and hold harmless the other party, its agents, officers, employees, contractors and invitees from any and all losses or damage and from any and all liability, suits, actions or claims brought or made by any person or persons, arising or resulting from any and all activities and operations of the particular party, that patty's agents, employees, contractors or invitees in and about the Stadium and/or arising out of the use of the Stadium, the Team Office Space, or any part thereof by the applicable party, that party's agents, employees, contractors or invitees and for injury or damage to persons or property about`or within the Stadium while the applicable party or its agents, employees,_contractors or invitees are occupying the Stadium, the Team Office Space, or any part thereof, for any reason or in any fashion to the maximum extent permitted by law. 16. Liability Insurance Coveraee. 16_Ol Tenant, at Tenant's sole cost and expense, shall maintain through the term of this Amended Lease: 16.01.1 A policy or policies of Comprehensive Liability insurance with a minimum limit of liability of One Million Dollars ($1,000,000) Combined Single Limit for bodily injury and property damage with as aggregate minimum limitation liability of Five Million Dollars ($5,000,000) and including (a) Premises Operations Including Alterations (for sports events and stadiums). The only exclusion which City shall accept to this coverage is that which excludes bodily injury to athletic participants only and which in no way excludes spectators. This coverage shall also provide coverage for the continual use of the Team Office Space. S~ RCN ALLEY BAwBCLEAS E~NJ W99 13 P138 (b) Broad Form Contractual Liability. (c) Broad Form Property Damage. (d) Products Liability (for the sale of souvenirs, athletic equipment and for the sale of food and drink). (e) Personal Injury and Coverages a, b and c listed above. (fJ In the event Tenant engages or subcontracts any advertising or broadcasting, then a policy of advertising and broadcasters liability insurance shall be provided either by Tenant or by said subcontractor with minimum limits of One Million Dollars (31,000,000). (g) Open Air Parking (for which a ehazge is made). m) of One Million Dollars ($1,000,000). (i) One Million Dollars ($1,000,000). ~) Liquor Legal Liability with a minimum limit Fire Legal Liability with a minimum limit of Vendors' Coverage (provided as an "if any" basis as commonly used in the insurance industry; that is, if there is any exposure to the risk during~the policy period). 16.01.2 A policy or policies of Comprehensive Vehiculaz Liability insuratrce with a minimum limit of liability of One Million Dollars ($1,000,000) Combined Single Limit for bodily injury and property damage with _,__--.an-aggregate.minimum-limit of-liability-of Five Million Dollars ($5,000,000).and- ---- which includes coverage for non-owned and hired vehicles and which provides Uninsured Motorist coverage according to minimum state requirements. In the event Tenant acquires owned or leased vehicles, then Tenant shall immediately obtain equivalent coverage for such vehicles. 16 02 Each policy providing coverage as required by subpazagraph 16.01 above must have endorsements providing: 5\RC1vALLEYBA\VBCLEASE\d30/99 l Q P139 16.02.1 That City, its officers, agents, employees, contractors and invitees aze additional insured as respects the use of the facilities. 16.02.2 That the insurance provided by the policy shall be primary insurance as respects any other valid and collectible insurance which City may possess and that any other insurance which City does possess will be considered excess only. 16.02.3 That the policy will act to cover each insured and each additional insured as though a separate policy were written for each. 16.02.4 That no less than thirty (30) days' written notice will be given to City's Director of Administrative Services at 10500 Civic Center Drive, Rancho Cucamonga, California, before cancellation or reduction in coverage for any reason. 16_03 If Tenant engages another party to provide the operation of refreshment, souvenir and/or other concessions, as permitted hereinabove, such other party shall also cause that party or parties so engaged, at said party's or parties' own cost and expense, to obtain and to keep in force throughout the term of this Amended Lease, a policy or policies of public liability insurance (including products liability coverage) separately providing limits and coverage as aforesaid arising out of each such concessionaire's operations. Before any person other than Tenant operates any refreshment, souvenir or other concession, Tenant shall notify City of the name and business addresses of such concessionaire's polity~rrd'or certificates as-are herein- specified. 17. Workers' Compensation Insurance Coverage. 17.01 Tenant, a[ Tenant's sole cost and expense, shall provide, pay for and maintain through the term hereof, a policy providing workers' compensation insurance coverage with the statutory limits of liability as set forth by the laws of the State of California, and including not less than Five Hundred Thousand Dollars ($500,000) Employer's Liability, applicable to employees, agents, and volunteers of Tenant or assignees. r onv•r ~ cvo •,vorr F•cF1lJl0100 1 C P140 17.0 The policy shall be endorsed to waive the right of subrogation against City. The policy also shall be endorsed to provide that not less than thirty (30) days' written notice shall be given to the Director of Administrative Services, 10500 Civic Center Drive, Rancho Cucamonga, California, before cancellation or reduction in coverage of any nature or for any reason. 18. Evidence of Coveraee. 18_01 Except az otherwise provided herein, each policy obtained by Tenant to comply with the provisions of this Amended Lease must have an effective date no later thao- the commencing date of this Amended Lease and the named insured on each policy must be identical to Tenant herein. Tenant agrees to furnish evidence, acceptable to City, that the insurance requirements of this Leaze have been fiilfiiled. Such evidence is to be placed on file by the Tenant with City's Director of Administrative Services. 1 B.0 No occupancy or use of the Stadium shall be made by Tenant or its agents, contractors, employees or invitees, under the provisions of this Amended Lease until evidence acceptable to City's Director of Administrative Services that the aforesaid insurance requiremenu have been fulfilled haz been received by the said Director. Each policy, binder or certificate of instuance is subject to the approval of City's Drrector of Administrative Services as to content, form and issuing company. Should any of the insurance requirements set forth in this Amended Lease not be fulfilled - by Tenant in a marmer-acceptableto-said-1irector as provided-in-this-Lease; said-Director- - may purchase any or all of the insurance required to correct such deficiencies and the Tenant agrees that the premium incurred therefor shall constitute an additional fee Lo be paid by Tenant to City upon demand. 18_03 During the first thirty (30) days of coverage of any policy obtained by Tenant to fulfill requirements of this Lease, evidence may be in the form of an insurance binder; provided that any such binder must include language to fulfill the requirements, including endorsement requirements, in addition to the normally accepted items in a binder, such az, but not limited to, coverage, limiu of liability, date coverage S~RCIVALLEYBA~YBCLEASE~N330/99 t (~ P141 was effective, expiration date of binder, name of insuring company and signature of authorized company representative. 19. Citv Not A Bailee. It is further hereby understood and agreed that City in no way purports to be a bailee hereunder and is in no way responsible for Tenant's lost, stolen or damaged property unless City or any of City's agents take possession of Tenant's. 20. Possessory Interest Tax. Tenant hereby acknowledges that this Amended Lease may create a possessory interest subject to property taxation pursuant to California Revenue and Taxation Code Section 107 and that Tenant may be subject to payment of property taxes levied on such interest, and that such tax payment shall not reduce any monies due to City hereunder and any such tax shall be the liability of and be paid by Tenant. 21. Compliance with Orders Ordinances and Laws. Tenant shall fully comply with all Federal, State and local laws, statutes and ordinances. 22. Discharee of Claims. Liens. Taxes. Tenant shall dischazge or provide for the dischazge of all claims which it has authorized or incuaed for labor, materials and supplies famished for or in connection with the Stadium and games and other events produced or presented by Tenant therein and pay all taxes, assessments or other governmental charges lawfiilly levied or assessed upon or in iespect ofthe Stadium or any part thereoforuponanyof~he revenues therefrom. Tenant agrees to keep and shall keep the Stadium and Team Office Space free and cleaz of any mechanic's or materialmen's liens or other liens of any kind or nature for any work done, labor performed, or material furnished thereon at the instance or occasion of Tenant; and Tenant further agrees to indemnify and save harmless City and its assignees from and against any and all claims, liens, demands, costs and expenses of whatsoever nature for any such work done, tabor performed, or materials famished. Tenant shall pay all taxes (real, personal or whatever other character) that may be levied or chazged upon the rights of Tenant to occupy the Stadium, the luxury boxes and/or the P.xnv.~I I FVAAw RC1.EA5E\N3W99 17 Team Office Space, or upon Tenant's improvements, fixtures, equipment, or the property thereon, or upon Tenant's operations hereunder. Tenant shall also obtain and pay for all other licenses or permits necessary or required by law for the conduct of its operations hereunder. 23. Stadium Name. The parties acknowledge that the Stadium is referred to by the parties and the general public as the Epicenter and that Tenant has putported to register the phrase "the Epicenter" under federal statutes. In that regard, City shall have the right, title and ticense to use the phrase "the Epicentet" is reference to the Stadium in any and all ways and contexts whatsoever without charge or interference by Trnant. 24. Staffine and Concessions. Trnant shall provide all event personnel, including, without limitation, ticket sellers, ticket takers, ushers, clubhouse matrons, clubhouse janitors, medical persons, switchboazd, sound and scoreboazd persons, and other supervisory personnel, and all other personnel reasonably necessary for the operation of the Stadium for its Class A baseball games. Tenant shall also provide at each Class A baseball game medical support staff consisting of a mirtimum of two persons who may be a Medical Doctor, a Registered Nurse or a Certified Emergency Medical Technician (EMT). Further, Tenant shall staff and operate all concessions during all of its Class A baseball games at the Stadium and at all times subsequent to Apri130, 1993 when the three softba115elds adjacent to the Stadium are simultaneously operating, provided tfiaf nova coholic beverages shall be sold to any person located on the exterior of the Stadium. Tenant agrees that organized sports leagues may operate or allow the operation of other concessions on or in proximity to said adjacent fields. 25. Securi City shall provide security for the Stadium during the following time periods: A. From the completion of any event conducted at the Stadium P142 until dawn of the following day; P143 8. From dusk of a weekday upon which no event is conducted at the Stadium until dawn of the following day; and C. For all twenty-four (24) hours of each Saturday, Sunday and Holiday during which no event is conducted at the Stadium. The parties understand that City may contract with an independent security service to dischazge its above-stated obligations. In addition, City shall provide a vehicle and radio transmission capacity on an as-needed basis in providing for the above- described security. In aid of providing security for the Stadium, Tenant shall pay to City the following total sums in five (5) equal installments, payable on or before the first day of each successive month commencing in January in each of the following years: 1999 - $60,000 2000 - $62,500 2001 - $65,000 2002 - $67,500 2003 - $70,000 2004 - $72,500 2005 - $75,000 2006 - $77,500 2007 - $80,000 2008 - $82,500 2009 = $BS,Oa --- 2010 - $87,500 2011 - $9Q,000 -~ - _---~ 2012 - $92,500 Tenant shall be responsible for providing all necessary security for the Stadium and each and every Class A baseball game held at the Stadium. Tenant agrees to use such security officers in type and amount described in Exhibit "E" hereto. It is anticipated that four (4) police officers shall be requued for forty-seven (47) weekday games, five (5) police officers for twenty-three (23) weekend games and seven (7) police CtC(1V L(ICVA•\VR('1 F~CF\lJWOO ~/\ ____:_..a~::,.....,~_.c...:. ,. _.._ .. t_:. P144 officers for the July 4 game. During each year dCthe term hereof, Tenant shall pay for security costs calculated in accordance with Exhibit "E"hereto in five (5) equal installments at the same time as minimum annual rent shall be paid. Notwithstanding any other term or provision contained in this Section 25, security shall be provided in accordance with the above-referenced criteria, and should attendance compel the employment of officers in addition to those referred to above, Tenant shall reimburse City for the cost of providing such additional officers within thirty (30) days of City providing to Tenant a statement reflecting such additional costs. 26. Maintenance and Reuair. 26.01 Except as specifically provided in subparagraph 26.02 below, City shall, at City's sole cost and expense, and at all times keep the Premises and every part thereof in good order, condition and repair, structural and nonstructural, whether or not such portion of the Premises requiring repair, or the means of repairing the same, are reasonably or readily accessible to City and whether or not the need for such repairs occurs as a result of Tenant's use, any prior use, the elements or the age of such portion of the Premises. Said maintenance and repair shall be at a level which meets the Major League Baseball standards for Class A facilities and any changes which may occur in those standards from time to time. Without limiting the generality of the foregoing, maintenance and repair shall include all equipment or facilities serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, fire -- tv~kl~~nd/or~ts an- t e andhose or otficr automah'c five extiu 'shin st - -- sp dp'p gut g sy em, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exterior), foundations, ceilings, roofs, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways totaled in, on, about, or adjacent to rho Premises. 26_02 City's routine maintenance shall include maintenance of lighting, cleaning of the parking lot, grandstand and bleachers, cleaning public restrooms, landscape maintenance, including playing field maintenance and repairs required far operation of the Stadium such as repair of asphalt surface, irrigation system repairs, nn P145 plumbing repairs, electrical repairs and painting for cosmetic purposes. In addition, immediately following each game, Ciry shall remove debris from seats, walkways, the playing field and the pazking lots. 26,03 Notwithstanding anything to the contrary stated herein, Tenant shall be responsible to repair, at Tenant's sole cost and expense, any damage to the Stadium and/or equipment contained therein caused by Tenant or its officers, agents, licensees or employees. 26_04 Tenant shall perform the fol]owing maintenance activities: 26.04.1 Immediately following each game, Tenant shall cause to be stored and secured all equipment, laundry items and any and all other materials to be placed in lockers and other service areas. 26.04.2 Tenant shall maintain inoperable condition and clean all equipment related to the operation of concessions in the Stadium. 26.04.3 Tenant shall maintain, clean and repair [he Team Office Space and the ticket booth 26.04.4 Trnant shall maintain in operable condition and clean any and all equipment and items of personal property which Tenant owns and uses pursuant to this Lease. 26.04. Tenant shall repair and replace as deemed necessary by Tenant the backstop netting behind homeplate of the playing field in the Stadium. 26.04.6 Tenant shall replace the field tarp at its expense with a tarp equal in quality to that in use when this Amended Lease is executed, such replacement to occur when City and Tenant reasonably agree that the same is necessary. P146 27. Alterations. 27_01 Except as otherwise specifically provided herein, Tenant shall not make any structural or nonstructttral alterations to the Stadium without first obtaining the City's written consent. 28. Construction Bond Requirements. 28.01 In the event that alterations to the Stadium aze made by Tenant in excess of One Hundred Thousand Dollars ($100,000) gross cost per alteration, in accordance with the provisions of this Lease, Tenant shall provide such faithful performance bonds, payment bonds and labor and material bonds as City may reasonably demand and the terms and provisions of the construction or maintenance contract to accomplish any such alterations, maintenance or repairs to the facility shall be subject to the reasonable approval of the City Manager or his designee and the City Attorney. 29. Destruction. 29.01 If, during the term of this Amended Lease, the Stadium is totally or partially destroyed from any cause, rendering the facility totally or partially inaccessible or unusable and, if under the existing laws, the restoration can be completed within one hundred eighty (180} woridng days after the date of destruction, City shall restore the facility to substantially the same condition as it was in immediately before destruction, and such destruction shall not terminate this Lease. 29.0 If the restoration cannot be made in the time stated above -in susu p6~29.01,-then within fifteen (15) days after the parh~eferm3ue that-the restoration cannot be made in said time,. Tenant tray terminate this Amended Lease immediately by giving notice to City. If Tenant fails to terminate this Lease, City, at its election, may either terminate this Lease, or restore the facility within a reasonable time, and this Lease shall continue is full force and effect. 29.03 When such destruction occurs within ninety (90) days of the last day of the then current baseball season, Tenant may conduct the remainder of its home games during that season within some other facility without impairment of any of its rights hereunder and the rent for that season due hereunder shall be equitably adjusted. cw~w„vvv. wnr, v.cntnnroo .,q P147 30. Alcoholic Beveraees. 30.01 Attached hereto as Exhibit "F" is a policy controlling the sale and consumption of alcoholic beverages in the Stadium adopted by City's City Council. Said policy shall apply to events in the Stadium operated hereunder by Tenant. Tenant will comply in all respects with that policy in operating hereunder. 30_02 Tenant will designate a family section in the Stadium consisting of a minimum of l00 contiguous seats where the consumption of alcoholic beverages and the smoking of tobacco will be prohibited during any and all Class A baseball games which occur hereunder. 31. Utilities. 31_01 City shall provide, or cause to be provided, all utilities, including water, gas, refuse and electricity, necessary for all games at the Stadium, except for telephone and cable service to the Team Office Space and excepting electricity for the Lefr Field Scoreboazd. Tenant shall provide telephone and cable service to the Team Office Space at its sole cost and expense. 32. Scoreboard. 32.01 Tenant, pursuant to an agreement with Fairtron, Inc. obtained a Fairplay Baseball Scoreboazd, Model #AZ38 (the "scoreboard's at the expense of Tenant and Fairtron, Inc. which has bees installed at the Staditurt. Subject to the provisions of paragraph 32.02 below, Tenant shall control, operate and maintain (other ltiart paying electrical costs)-the scoreboard during-tlrz~erm of this Amended Lease.- At - -- the conclusion of the term hereof, title to the scoreboard shall vest in City. 32.02 Tenant shall cause the message center on the Scoreboazd to include up to five (5) public service messages per game, each ten (10) seconds in duration during each Class A baseball game which occurs at the Stadium to be available to the City, when requested, at least three (3) days in advance of each game, in writing, by City's City Manager or his designee. 32_03 Tenant, at its sole cost and expense, shall maintain, operate and repair the Left Field Scoreboazd during the term of this Amended Lease. S\R(1VA1 f FYRA'•VRCIFASE~6/30/99 1Z __... P148 Such maintenance, operation and repair responsibility shall include, but not be limited to, electrical chazges, repair of damage caused by wind, cleaning, painting, and bulb replacement. In specific regard to electrical chazges, City shall calculate the amount of such chazges by reading the meter attached to the circuit servicing the Left Field Scoreboazd and then shall pay such chazges and invoice Tenant for reimbursement thereof. All such reimbursement payments shall be due and payable from Tenant to City within fifteen (I S) days from the date of invoice. At the conclusion of the term of this Amended Lease, title to the Left Field Scoreboard shall vest in City. 33. Name of Team. 33.01 The name of the Class A baseball team which plays at the Stadium pursuant to this Lease shall include the name "Rancho Cucamonga." 34. City Luxury Box, Preferred ParkinE Passes, Seats and Community Events. In order to involve the community of Rancho Cucamonga in its operation of a Class A baseball franchise at the Stadium, Tenant shall provide the following: 34_01 Tenant shall provide to City the exclusive use of the luxury box now being utilized by City (two combined boxes) and two prefen-ed parking passes for each Class A baseball game and other event operated by Tenant hereunder, 34.02 Annually, the City will receive 7,000 tickets for the season, to be used at the City's discretion to recognize achievements by community organizations, businesses, aad/ot-citizens, to promote interest in thcCity of Rancho Cucamonga. The tickets shall be evenly distributed amongst the games played in each season, but they are not required to include game dates such as opening day, closing day, Fourth of Tuly, or other dates that aze traditionally sold out. The tickets shall be provided to the City at least thirty (30) days prior to the first game of each season. Tenant agrees that ticket holders groups will have the opportunity to upgrade tickets at the holders groups expense. Handicap seating shall be included in these tickets. The City will provide Tenant with criteria for distribution of the tickets. 4~R("•V Ai.LF.VBAIVRCLFI.S E~6O0/99 7d P149 34_03 Tenant's Class A baseball team will host at the Stadium, at Tenant's cost, up to a total of five (5) events for City, school districts iocated within City, and youth sports groups operating within City during each calendaz yeaz doting the term hereof. Such events shall involve themes such as "say no to drugs" and "stay in school" as well as others mutually agreed to by City through the City Manager, or his designee, and Tenant. 34_04 Annually, Tenant shall provide to City the use of one or both mascots (Tremor and Aftershock) for a maximum of six (6) community events at no cost to City. 34_05 If a handicap seat is requested in a certain section, but none is available, and a seat is available in an adjacrnt section, the handicap seat shall be obtained at the lower of the two prices chazged for the two sections. 35. Events of Default by Tenant and Ciri's Remedies. 35_01 The following events aze hereinafter referred to as "events of default by Tenant": 35.01.1 Tenant shall fail to duly and punctually make any payments to City as required hereunder, including, but not limited to, any rent payment when due to City within thirty (30) days after written notice from City for nonpayment thereof. 35.01.2 The happening of any act which results in the suspension vrrevocation of-the tights, powers,_licenses, permits and. authorization, including, without limitation, Tenant's franchise from the --California-Leagued necessary-for the conducYof Trnant operations authorized herein which causes an interruption in the playing of games for a period of thirty (30) days or more. 35.01.3 The interest or estate of Tenant under this Amended Lease shall, by operation of law, be assigned or transferred to, passed to or revolve upon, any other person, fu-m or corporation, except as specifically permitted hereunder. S'.RCWALLEYBAwBCLEASEWp0/99 ZS P150 35.01.4 Tenant shall, without the prior written approval of City, become a participant corporation in a merger (whether or not surviving), a constituent corporation in a consolidation, or a corporation in dissolution, except as specifically permitted hereunder. 35.01.5 The levy of any attachment or execution, or the appointment of any receiver, or the execution of any other process of any court of competent jurisdiction which does or as a consequence of such process will prevent Tenant's use and occupancy hereunder or otherwise interfere with its operations hereunder, and which attachment, execution, receivership, or other process of such court is not vacated, dismissed, or set aside within a period of sixty (60) days. 35.01.6 Tenant shall become insolvent, or shall take the benefit of any present or future insolvency statute, or shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy, or a petition or answer seeking an arrangement for its reorganization, or the readjustment of its indebtedness under the federal bankruptcy laws or under any other law or statute of the Uttited States, or of any state law, or consent to the appointment of a receiver, ttvstce, or liquidator, and such act prevents Tenant from conducting games at the Stadium for a period of thirty (30) days or more. 35 0 ] ,7 By order or decree of a court, Tenant shall be adjudged bankrupt, or an order shall be made approving a petition filed y of the creditors seeking its reorganization or the readjustment of its indebtedness under the federal bankruptcy laws, or under any ]aw or statute of the United States, of arty state thereof and such act prevents Tenant from conducting games at the Stadium for a period of thirty (30) days or more. 35.01.8 A petition under any part of the federal bankruptcy laws, or an action under any present or future solvency law or statute shall be filed against Tenant and shall not be dismissed within ninety (90) days P151 after the filing thereof and such act prevents Tenant from conducting games at the Stadium for a period of thirty (30) days or more. 35.01.9 By or pursuant to, or under authority of any legislative act, resolution or rule or any order or decree of any court, governmental boazd, agency, or officer having jurisdiction, a receiver, trustee, or liquidator shall take possession or control of all or substantially all of the property of Tenant, and such possession or control shall continue in effect for a period of ninety (90) days and prevents Tenant from conducting games at the Stadium for a period of thirty (30) days or more. 53 01.10 Any lien (including, without limitation, mechanic's and materialmen's liens) is filed against the Stadium because of any act or omission of Tenant and is not removed within ninety (90) days. 35.01.11 Tenant shall voluntarily abandon, deser, vacate or discontinue its operation herein authorized. 53 01.12 Nothing in this section shall require Tenant to monitor, observe or pay any tax, lien, claim, chazge or demand so long as the validity or enforceability thereof shall be contested in good faith to the extent appropnate. 1 35.02 No acceptance by City of rent or other payments, for any period or periods after a default of any of the terms, covenants and conditions to be p- ear 'ormed, kept or o~iserve~ by Tenant shall be deemed-a waver of atiy right arrthe part of City to terminate this Amended Lease on account of sucfi default. .03 No waiver by City of any default on the part of Tenant in the performance of any of the terms, covenants, or conditions hereof to be performed, kept or observed by Tenant shall be or be construed to be a waiver by City of any other or subsequent default in performance of any of said terms, covenants and conditions. 35_04 If any of the events of default enumerated in subsection 35.01 of this section occur subsequent to Tenant's entering into use and occupancy of the Stadium or team Office Space or any part thereof, and after due notice as provided herein, S'~Rf1V 411 FYRA WR('f FASF\NlfU94 77 P152 Tenant has failed to cure or correct such default, then, in addition to any and all rights and remedies of City hereunder and/or by law provided, City shall have the right: 35.04.1 To declare the term hereof ended as to the Stadium and Team office Space leased hereunder and to re-enter such Stadium and Team office Space and take possession thereof and remove all persons connected with Tenant therefrom and Tenant shall have no further claim thereon or hereunder; and 35.04.2 To request in writing a written report from Tenant concerning all of its debts and obligations, financial status and prospective income. If such report is not delivered to City within one month thereafter, prepazed by Tenant's accountants, it shall be the right of City's representatives and accountants to inspect all books of accotmts and records of Tenant for the purpose of obtaining such information. From the date of such request, Tenant shall not make any further arrangements for the presentation of any event in the Stadium unless authorized in writing by City to do so. Tenant shall be permitted to continue to present any event that is at such time taking place in the Stadium if, in the opinion of City, it will be of advantage to City for Tenant to so continue. Tenant shall also be permitted to finish out all or part of the remainder of its Season if, in the opinion of City, it will be of advantage to City for Tenant to do so. Upon receiving the financial information above specified and examining the same,-it shall-be the right, but not the-obligation,-ofCity to declare the term-hereof - - ended, to specify the termination date, and on said temvnation date to re-enter the Stadium and remove all persons connected with Trnant therefirorn and Tenant shall have no fiuther claim thereon or hereunder. 53 04.3 The remedies given to City in this section shall be in addition and supplement to all other rights or remedies which City may have under the laws then in force. 35.04.4 Tenant hereby waives any and all rights of redemption granted by or under any present or future law, or statute, arising in the S\RC•VALLEYBA\vBCLEASE~NJO/99 ~R P153 event it is evicted or dispossessed for any cause or in the event City obtains or retains possession of the Stadium or any part thereof in any lawful manner. 35.04.5 [f City claims that a default by Tenant has occurred hereunder which is not an "event ofdefault" enumerated in Section 35.01 hereof, the provisions of paragraph 39 hereof shall apply. 36. Events of Default by Cit~and Tenant's Remedies. 36.01 The following events aze hereinafter referred tows "events of default by City": 36.01.1 City shall fail to keep, perform and observe each and every promise, covenant, condition and agreement set forth in this Amended Lease on its part to be kept, performed or observed within thirty (30)~days after written notice of default thereunder from Tenant except where fulfillment of City's obligation requires activity over a period of time and City shall have " commenced to perform whatever may be required to cure the particulaz default within ten (10) days after such nonce and continues such performance diligently and without interruption except for causes beyond its control. 36.01.2 No waiver by Tenant of any default on the part of Ciry in the performance of any of the terms, covenants, or conditions hereof to be performed, kept or observed by City shall be or be construed to be a waiver by Tenant of any other or subsequent default in performance of any of said terms, covcnanu and~onditions- - - -- 36.01.3 If any of the events of default enumerated in subsection 36:01 of this Lease occur subsequent to Tenant's entering into the use- and occupancy of the Staditun or Team Office Space,, or any part thereof, and after notice as provided herein, City has failed to cure or correct, then in addition to any and all tights and remedies of Tenant hereunder and/or by law provided, it shall be the right of Tenant to dectaze the term hereof terminated by written notice to City and to surrender the Stadium and the Team Office Space and City shall have no further claim upon Tenant thereon or hereunder; provided, however, S~RC~VALLEYBA~VBCLEASE~N30/99 29 . P154 Tenant shall remove all of its equipment, supplies, furnishings, inventories, removable fixtures and other personal property at its own expense and without damage to the Stadium or the Team Office Space. 36.01.4 The remedies given to Tenant in this section shall be in addition to and supplemental to all other tights or remedies which Tenant may have under the laws then in force. 37. [Intentionally Omitted. 38. Personal Guarantee. 38_Ol This Amended Leasc is contingent upon and shall not be deemed effective until Tenant has supplied the personal guazantee of Mr. Henry E. Sticlmey securing the dischazge of Tenant's minimum annual rent payment obligations and Improvement Rent payment obligations (as provided in paragraphs 4.01 and 4.08 of this Amended Lease) for the entire term hereof in form and content substantially identical to Exhibit "G" hereto. 39. Arbitration of Disputes. Disputes between the parties of this Amended Lease as to matters not defined as an "event of default" shall be arbitrated as follows: 39_01 If at any time doting the continuance of this Amended Lease any dispute, which is subject to arbitration under the terms of this Lease, arise and the differences cannot be satisfactorily resolved, it shat! be referred to arbitration in the - - City of Rancho C-ucamonga, County of San Bernardino,-State of California, to-a-Panel _ _ - deternuned as follows: --- 39.01.1- Each patty shalh within ten (10) days after either -- -- party's election to arbitrate, appoint one disinterested individual and the persons so appointed shall, if they are unable to arrive at a decision within.five (5) days, appoint a third arbitrator. If either party neglects or refuses to appoint an azbitrator, then the single arbitrator shall resolve the dispute. 39.01.2 The Panel shall then determine the matter in dispute by a determination arrived ai by a majority of the azbitrators or by both S\RPVALLEYBA\VBCLEASE\N30/99 30 P155 azbitrators, as the case may be, and such determination shall be final and binding upon the parties hereto, their respective successors and assigns. 39.01.3 The Panel shall fix their own compensation and shall assess the costs and charges upon either or both parties. 39.01.4 The Panel, in hearing evidence and arriving at their decision, may, if they so elect, use the rules of evidence in effect at the time of the arbitration in the State of California. 39.01.5 Judgment on any arbitration awazd maybe entered into a court of competent jurisdiction. 39 01.6 The issues that aze subject to azbitntion should, if at all possible, be decided by the arbitration determining a remedy, other than termination of this lease. 40. jIntentionally Omitted] 41. Attorneys' Fees/LeQal Costs. As between Tenant and City, if any action at law or in equity or any azbitration shall be brought to enforce or interpret the terms of this Lease, the prevailing party shall be entitled to recover Crom the other party as part of the prevailing party's costs reasonable attorneys' fees, the amount of which shall be fixed by the court or azbitrator and shall be made a part of any decision, judgment or decree rendered. 42. Severabilitv. The invalidity of any provision of this Amended Lease, as deterettined by-a - - court of competent jurisdiction, shall in no way affect the validity of any other provision 43. Captions. Paragraph headings in this Amended Lease aze used solely for convenience and shall be wholly disregazded in the construction of this Lease. 44. Covenant and Conditions. Each provision of this Amended Lease performable by Tenant shall be deemed both a covenant and a condition. c\a(".VAI LFYRA\VBCLEASE\N70/99 71 P156 45. Notice. Except as otherwise provided herein, any notice, statement, demand, request, consent, approval, authorization, offer, agreement or communication, that either party hereto desires, or is required to give to the other party, shall be in writing and shall be sufficiently given and served upon the other party if delivered personally, or if sent by United States postal service, first-class postage prepaid, and addressed as specified below. Either party hereto may change its address for purposes of this Amended Lease by giving the other parry appropriate written notice of the change of address. Notice shall be deemed to be communicated forty-eight (48) hours of the time of mailing, if mailed to the following, so long as at the time of deposit in the U. S. Mail a true and correct copy of the -notice is sent to the other party by facsimile machine, the facsimile number to be designated in writing by each party: City Manager City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Valley Baseball Club, Inc. do Henry E. Sticlmey 8408 Rochester Avenue P,O. Box 4139 Rancho Cucamonga, CA 91730 46. NoTfllyd Party Beneficiaries of Lease. Any insurance coverage required herein is for the protection of City, its officers, agents, employees, contiactocs, and invitees. No third party beneficiaries othei----- than as specifically named herein are contemplated under any provision of this Lease, nor is it the intent of this Amended Lease to create any tight in same. 47. Assignment Tenant shall not assign this Amended Lease in whole or in part without first ob[aining City's written consent thereto. S~RCIVALLEYBA\VBCLEASIil6~J0/99 'j2 P157 48. Surrender of Possession. 48.01 Tenant shall yield and deliver peaceably to City the possession of all premises occupied by it in the Stadium and Team Office Space promptly and in good condition on the date of the expiration or sooner termination or cancellation of this Amended Lease, whether such termination is by cancellation, expiration or otherwise. 48.0 Subject to the provisions ofthe foregoing sections hereof, Tenant shall have the right during the term hereof to remove its equipment, supplies, Cumishings, inventories, removable fixtures and other personal property from the Stadium and Team Office Space at its own expense and without damage to the Stadium and Team Office Space. If Tenant fails to remove such property on or before the termiriation or expiration of this Amended Lease, Ciry may remove such property to a public warehouse for depositor retain the same in its own possession and sell the same at public auction, the proceeds of which shall be applied first to the expenses of removal, storage and sale, and second, to any sums owned by Tenant to City, with any balance remaining to be paid to Tenant. If the expenses of such removal, storage and sale shall exceed the proceeds of sale, then Tenant shall pay such excess to City upon demand. 48_03 No agreement of suaender or to accept a surrender of possession of the Team Office Space andlor Stadium shall be valid unless and until the same shall have been reduced to writing and signed by the duly authorized representatives of Ciry and of Tenant. Except as expressly provided in this section, neither the doing of, nor otttission of, any act or thing, by any of the officers, agents, or employees of City shall be deemed an acceptance of a sunrender of possession of the premises under this Amended Lease. Dated:_~~ 1999 -~ a~orwai i cVRANRfI FASE\fJ70l99 77 ATT T: C~~,,~ City C rk Dated: n V (~ ~ y , 1999 Dated: , 1999 VALLEY BASEBALL CLUB, INC. ~' ~~ S By:. C\R(".VAf I FYpA\VR('LFASF\N30/99 2A P158 '` f i j f ~ ;~ f N m ~~ °z i i ;: j~ sl f ;~ f! ;ii ~: .. _. { ~ ~ - ! ~~ ~+ D ~ 1' i~ ,:~a., . . :: Z J~.'V. ~ ` aJ~~-f L~• ~~I~ _ . ~.._. r ~^ .r+ ~ ,~~„ . ` / ~~:~ '- `~Ea ~-"~ 1 ~ BASEBALL STADIUM asE ror+s"s ~ ~ ~fiQl GIC11I. pt. SPORTS COMPLEX ~"~ -~_ ~~° CITY OF RANCHO CUCAMONGA i ~ i ~ ~. - _- - . -~! P159 r~ x x H a1 H y 0 EXHIBIT "A" ~ ri ` ..aa ~ II S' 1 %~~ i% !c. . _,~''' -. :`. ~'// ~A _ ~~ f - - i _ ~ ~ I 1 1 ~ .- • ' '' 1 ` n~ 1i ~~ °. ~~ ' ~ i ~ It 1 1' Y Y 1~ ~ •e• ~ `` 'l~ m ~ i ~ 1 111 •• ,~ it ~~~L~ N1110N ~ONTF. P160 sraD~uM ANp pREFEQQE pARK~NEr fAYY SIC =~~~~M .SPORTS C ~MPLEX _ _ ~; ~.° C oTY BOF~RANDCHO HoUCA MoONGA ~ ~ ~ %'., , , 11 `~ s ~ ~~ 0 ~ i ulu ._ ,.. ~r ,• :.~ 'I .: ,,., / I', ~' 111 / . % llli I'I n•I •. /~ •• ' .,l I' Ib~~. • Ir; / 11 ,I l~'ll I I`•'/r I' "/ III/II 11 / /I Il/I ,l -1,1. l,..,......,.... I.,,:. LEGEND ,. . ~~ .~ I~ ~~ f l =_r~ w afd' ~YWw~IA F~ sir _~r r~~ i. r ..~ ~s P161 • r1.yj. ~ y..•~i~`. R¢itti' 7_ I *: :'~•'?:.-` ..~ i~,t r ..,, ~~ r.r. ..F':, ~I -~` ~ „.,: 7 .~' lAl;~. ~. ' \rf /r ~r.. sl!'fS i' <: ":L. I ~,%,~ ' _ -T . ~..•.':S~. .i • I ~'~ r~t `+'M M-r"~~\lIG ~)"~. ... "•~f~ 1,~ /I LT• a- t ~ •I ~ . 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W~ ~~ /:1•..~ ~•~ :'. ^ •, .~~ ryy-d:a,rL.+r -a~Sy.~+ ~ 'C. /.,~t.{~`~ !{. {~.~ it ~'~y . -• ::•., ~~, , ~ :`:.~-'_. +~:1rt~i.~ .'~.J A:.a:k.~:C' G~•'ay.:>FrF.!.u.~•.~. t'"17~".~i`•f~-l•wf':'..'c.~~' :'r~'. ~t~ .~:'. ..r.? P162 \t~: , ~ , rr ` rah}}w} ~.Q-~•~~'~ ~_~ I aI ~I'/~~ 1~1~ I Vic' h 1\ ..;"Y 77`~~1 ~, ... .pry fir` sa f., `\-'Si~1'f j ' a;'• V' t 'r. Sr\~'{.• .ddfl• '~l ;2ir. ~t'3F VWw ~ •L'.~ti N -~ t•~ c •F~YI .Zilyt 1•I+I. ` FLT( u. 'f ~, ~` ~ rx J ~'iy``~ \. 7 1 n ~ t~ r \ /M1:~j. (l t RAF ~ \ \ ..~. tl. .ra U ~'~ ~' '; ^ Q .~ •1 c .. ,- -;~ N C] F H m H x x w *~ ~~..~ ...~ ~,~:;~~,.. ~;<~~" ; rte.' ~'. 1' ~r ~ ::: :.1:.1:::. ~ f ~" to x,~%,rs.*%. ,~• .„iti;\'Y . l'ti. ;:;~ 5 - ;:: '_` ..... y •k'~~'t;'-~1h\•~~I`) rc': r~fli ~''~sr iT!-. 'l' ::.. ':~~ ~ i' f... tea: _ ~ ~~' J•i ~'~: ~• .... - i i` .:. P163 . --~,--*-:. ~- Ira' . 4_ '- . ~ .. i' 'l. ~ f~ i~, "fir.?.~ ~ ~,~. .•. ~<'(: ' .' '. ~.. ...- :•~., ...~f.:,•~... ~ ,.rte .,~. .:.~ ~.. ~ p~~s vei.u.M CORRIDOR ~.,.:, ;'~:": ss.` : - ~r~~~,c~cuP - ie4 .~ ~ ,~ ~, 3 . ~j,~ h ~ b!. r, { • I ,pUG-ouT ~ - •. I - IZ ~1M. ~ is3 •' ' . SHEAF ~ :. ~' SCI I ' o ~ ~,.. ~• A8, ~o ~_ - " l8 • Dl.1C,Olff G ~ DUGO • • 12 • • ~ . DAT ~ ..~. 0'~ ~ .:.. e~+cw.: 8•.i - ~~ SNP.:: e ` 4 ' :`JAN. ~ ~ ~°,~ ~~~3 ~1D:~ `" :o. • .. a.si .y . ~.. . 'i~- ~~ • ~_.:::.= h, f, ~ J.N. .. - , • 1 • ~ .~ ..i. t: ~ t • e • f--~• ~~ - ---. y ^ 4 3.1 ~' Co ? .;~:' Z~ ,. •. :.: u: ~~~ . _. .; ~: S :.~= 4 i• T. ~ ._ .' ~ i ~!.'t. ' 1 .. P164 Descnohon Base rent (April through August) (Due by the 10th o/the month) Baseball security payment (April Through Augusq (Due by the 10(fr of 71re month) Baseball security payment (playoffs - September) (Due 30 days agar Cify billing dale) Parking lot reimoursement (Due by fhe 10th o/the month) Office rent (Due by the 10th of The month) Preseason games (Due 30 days eller fhe evenQ Admissbns tax (Due by the 10tH of the subsoquent nrontfQ Baseball concessbns percentage payment (Due by fhe 10th of fhe subsequent month) Baseball barking percentage payment (Due by the 10th o/the subsoquent month) Stadium security payment (January Through ~Y) (Due by the 10th of the month) Other (please describe) Exhibit "C" Remittance Report Form MonlhlYear Amount Total payment P165 EXHIBIT "E" Parameters of Security Services Only San Bernardino County Deputy Sheriffs, or San Bernardino County Deputy Sheriff s Reserve, personnel shall be used at each and every home game played at the Epicenter by the Tenant. The Tenant shall pay for any and ail necessary security personnel for each game based on the following ratio of attendance to officers: gstendance yumbsr of Sheriffs Officers 1-4000 4 4001 - to maximum 6 plus 1 Supervisor seating capacity P166 EXHIBIT "F" ALCOHOL BEVERAGE POLICY The following policy relates to alcohol beverage {beer and wine only) sales at the stadium concession and cafe facilities located in the sports complex. The policy is to be adhered to by the stadium tenant and concessionaire for all stadium related events. 1. Beer is sold !n up to 16 oz. cups. The cup is to be of a different color and/or material so as to be readily distinguishable from all other beverage containers and cups. Pttchers may be used to the cafe azea only and may not be removed from the cafe area. 2. No patron shall be sold more than two cups of an alcoholic beverage at any one time. 3. Age verification will be required for all patrons at the time of sale. 4. Na alcoholic beverage will be served from the concession/cafe areas during the two final innings of an game -after the seveath inning of a regular game ar the fifth inning of the second game of a double header. In the case of anon-baseball event, no alcoholic beverage will be sold 30 minutes or less prior to the scheduled ending of the event. 5. No discounted sales of alcoholic beverage will be used for promotional Purposes. 6. No promotional items carrytng marks of alcoholic beverage suppliers will be given to fans under 21 years of age. 7. Ali staff, particularly ushers, concession/cafe sales personnel and _ _ security. will be knowledgeable of this alcohol beverage policy. 8. If a atron is recognized by security staff as being Intoxicated. security staff wtll detain the patron. 9. No alcoholic beverages will be sold from the concession facilities to any person located on the exterior of the stadium building. Consumpudn of an alcoholic beverage outstde of the stadium building is not permitted under section 12.04.010 B of the Rancho Cucamonga Municipal Code. ~o9a-v~Pis~ r AMENDMENT NO. 1 TO AMENDED AND RESTATED LEASE BETWEEN THE CITY OF RANCHO CUCAMONGA ("CITY" HEREINAFTER) AND VALLEY BASEBALL CLUB, INC. ("TENAN'T" HEREINAFTER) A. Recitals (i) During August 1999, City and Tenant entered into the above-referenced Amended and Restated Lease ("the Lease" hereinafter). (ii) Pazagraph 25 of the Lease requires that City provide security for the Stadium during certain time periods and City now does so by contracting with a private company which provides such services to the Stadium and adjoining playing fields, pazking lots, maintenance building, and animal shelter. (iii) Tenant currently reimburses City for a portion of City's costs incurred in supplying the security services referred to in Recital (ii) above. (iv) The parties desire to provide for Tenant's input in establishing the plan for providing such security and to modify a payment schedule related to security. B. Amendment No. 1. NOW, THEREFORE, the parties hereto agee as follows: 1. Paragraph 25 of the Lease hereby.is amended as follows: " 25. Securi "City shall provide security for the' Stadium during the following time periods: "A. From the completion of any event conducted at the Stadium until dawn of the following day; _ __ "B. From dusk of a weekday upon which no event is conducted at the Stadium until dawn of the following day; and _"C.-_Fora11 twenty-four_(24).hours of each Saturday, Sunday__ and Holiday during which no event is conducted at the Stadium. "The parties understand that City may contract with an independent security service to dischazge its above-stated obligations. City and Tenant shall confer in establishing a security management plan to implement City's obligation to provide security statcd herein. In addition, City shall provide a vehicle and SUtC W M EN D I \01 / i 3 /2000 P168 radio transmission capacity on an as-needed basis in providing for the above- described security. In aid of providing security for the Stadium, Tenant shall pay to City the following total sums in ten (10) equal installments, payable on or before the first day of each successive month commencing in January in each of the following yeazs: 1999 - $60,000 2000 - $62,500 2001 - $65,000 2002 - $67,500 2003 - $7Q000 2004 - $72,500 2005 - $75,000 2006 - $77,500 2007 - $80,000 2008 - $82,500 2009 - $85,000 2010 - $87,500 2011 - $90,000 2012 - $92,500 "Tenant shall be responsible for providing all necessary security for the Stadium and each and every Class A baseball game held at the Stadium. Tenant agrees to use such security officers in type and amount described ir. Exhibit "E" hereto. It is anticipated that four (4) police officers shall be required for forty- -- - - seven (47) weekdaygames, five (5) police officers for twenty-three (23) weekend - - - - -- games and seven (7) police officers for the July 4 game. During each yeaz of the -------term-hereof, Tenantshall pay for security costs calculated-in-accordance with -- - Exhibit "E" hereto in five (5) equal installments at the same time as minimum annual rent shall be paid. Notwithstanding any other term or provision contained in this Section 25, security shall be provided in accordance with the above- referenced criteria, and should attendance compel the employment of officers in addition to those referred to above, Tenant shall reimburse City for the cost of SVLCWMENDI\01/132000 2 Y providing such additional officers within thirty (30) days of City providing to Tenant a statement reflecting such additional costs." 2. Other than as expressly amended hereby, the Lease and each and every term and provision thereof shall remain in full force and effect. IN WITNESS THEREOF, the parties hereto have entered into this Amendment No. 1 as of the dates stated below as to each such party. Dated: ~%-~`}~ Dated: ,,.2-d /~ Dated: ~ ~~ VALLEY BASEBALL CLUB, INC. ~QC e $ i 17-x' N ± P169 S1RCIAMEND1101/138000 3 CITY OF RANCHO CUCAMONGA ' ' ' ~Z-DC~~ Pilo AMENDMENT N0.2 TO AMENDED AND RESTATED LEASE BETWEEN THE CITY OF RANCHO CUCAMONGA ("CITY" HEREINAFTER) AND VALLEY BASEBALL CLUB, INC. ("TENANT" HEREINAFTER) A. Recitals. (i) During August, 1999, City and Tenant entered into the above-referenced Amended and Restated Lease ("the Lease" hereinafter) which has been amended once before. (ii) Paragraph 25 of the Lease requires that City provide security for the Stadium during certain time periods and City now does so by contracting with a private company which provides such services to the Stadium and adjoining playing fields, parking lots, maintenance building, and animal shelter. (iii) Tenant currently reimburses City for a portion of City's costs incurred in supplying the security services referred to in Recital (ii) above. {iv) The parties desire to again modify a payment schedule related to security. B. Amendment No. 2. NOW, THEREFORE, the parties hereto agree as follows: Paragraph 25 of the Lease hereby is amended to read as follows: " 25. Security. "City shall provide security for the Stadium during the following time periods: "A. From the completion of any event conducted at the Stadium until dawn of the following day; "B. From dusk of a weekday upon which no event is conducted -- - at the Stadium until dawn of the following day; and - "C. For al] twenty-four (24) hours of each Saturday, Sunday and-Holidayduring which no event is conducted aYthe Stadium --- ---'- _ ""-- "The parties understand that City may contract with an independent security service to dischazge its above-stated obligations. City and Tenant shall confer in establishing a security management plan to implement City's obligation to provide security stated herein. In addition, City shall provide a vehicle and radio transmission capacity on an as-needed basis in providing for the above- 11231\0001\676368 P171 • . described security. In aid of providing security for the Stadium, Tenant shall pay to City the following total sums in ten (10) equal installments, payable on or before the first day of each successive month commencing in January in each of the following yeazs: 1999 - $60,000 2000 - $62,500 2001 - $65,000 2002 - $67,500 2003 - $70,000 2004 - $72,500 2005 - $75,000 2006 - $77,500 2007 - $80,000 2008 - $82,500 2009 - $85,000 2010 - $87,500 ZOI 1 - $90,000 2012 - $92,500 "Tenant shall be responsible for providing all necessary security for the Stadium and each and every Class A baseball game held at the Stadium. Tenant agrees to use such security officers in type and amount described in Exhibit "E" hereto. It is anticipated that three (3) police officers shall be required for forty- seven (47} weekday games, four (4) police officers for twenty-three (23) weekend games and seven (7) police officers for the July 4 or other sellout games. During each yeaz of the term hereof, Tenant shall pay for security costs calculated in _ __ __accordance with Exhibit "E" hereto in five (5) equal installments at the same time as minimum annual rent shall be paid. Notwithstanding any other term or provision contained in this Section 25, security shall be provided in accordance with the above-referenced criteria, and should attendance compel the employment of officers in addition to those referred to above, Tenant shall reimburse City for 11231\0001\676368 2 P172 the cost of providing such additional officers within thirty (30) days of City providing to Tenant a statement reflecting such additional costs." Exhibit "E" attached to this Amendment No. 2 shall replace and supersede Exhibit "E" attached to the Lease. 3. Other than as expressly amended hereby, the Lease and each and every term and provision thereof shall remain in full force and effect. IN WITNESS TI-~12EOF, the parties hereto have entered into this Amendment No. 2 as of the dates stated below as to each such party. Dated: ~ ` ~ 7-O Z Dated /-~7~Z VALLEY BASEBALL CLUB, INC. Dated: ~ a O ` ~~~ President 11231\00011676368 3 EXIiIBIT "E" Parameters of Security Services Only San Bernardino County Deputy Sheriffs or San Bernazdino County Deputy Sheriffs Reserve personnel shall be used at each and every home game played at the Epicenter by the Tenant. The Tenant shall pay for any and all necessary security personnel for each game based on the following ratio of attendance to officers: Attendance Number of Sheriff s Officers 1 - 2,000 3 2,001 - 4,000 3 plus 1 supervisor 4,001 -Maximum 6 plus 1 supervisor seating capacity P173 11231\0001\676371 CD ~a ~~P174 •, ~, AMENDMEI\"I' N0.3 TO AMENDED AND RESTATED LEASE BETWEEN THE CITY OF RANCHO CUCAMONGA ("CITY" HEREINAFTER) AND VALLEY BASEBALL CLLR, INC. ("TENANT" HEREINAFTER) A. Recitals. (i) During Augus[, 1999, City and Tenant entered into the above-referenced Amended and Restated Lease which has been amended twice before. Said Lease as so amended twice hereinafter is referred to as "the Lease." (ii) The parties wish to again amend the Lease in reference [o rental payments. B. Amendment No. 3. NOW, THEREFORE, the parties hereto agree as follows: Subsections 4.01(ii) and (iii) of the Lease hereby aze amended to read as follows: "(ii) The amount of $74,000 for each of calendaz years 2003 through 2007, inclusive; and "(iii) The amount of $84,000 for each of calendar years 2008 through 2012, inclusive." 2. Section 4.04 of the Lease hereby is amended to read as follows: "4_04 For the purposes of this Amended Lease, the phrase 'gross revenues' shall mean all revenues related to Tenant's Class A baseball operation at the Stadium, including, but not limited to, ticket sales, concessions (excluding revenues derived from the sale of alcoholic beverages), baseball pazaphemalia, batting cage revenues, parking fees, luxury box revenues, sign (advertising) revenues, excluding revenues derived from scoreboard use, media revenues, and program sales. However, 'gross revenues' do not include tradeouts." 3. ~ Other than as expressly amended hereby, Mire Lease, grid each grid every term and provision thereof shall remain in full force and effect. . , P175 IN WITNESS WHEREOF, the parties hereto have entered into this Amendment No. 3 as of the dates stated below as to each such party. Dated: ~o /l9/li3 Dated: ~ ~(~ lCJ VALLEY BASEBALL CLUB, INC. Dated: ~ ~- 5 v3 ~~~ President ~ 9~ -d~v~ AMENDMENT N0.4 TO AMENDED AND RESTATED LEASE BETWEEN THE CITY OF RANCHO CUCAMONGA ("CITY" HEREINAFTER) AND VALLEY BASEBALL CLUB, INC. ("TENANT" HEREINAFTER) A. Recitals. (i) During August, 1999, City and Tenant entered into the above-referenced Amended and Restated Lease which has been amended three times prior to this Amendment No. 4. Said Lease as so amended three times hereinafter is referred to as "the Lease." (ii) The parties wish to again amend the Lease in reference to the reduction of Improvement Rent provided for in Section 4.08 of the Lease because of the loss ofsixty-three (63) parking spaces in the Expanded Parking Lot due to City's construction of an electrical substation. B. Amendment No. 4. NOW, THEREFORE, the parties hereto agree as follows: I. Section 4.08 of the Lease hereby is amended by replacing the sum of Six Thousand Dollars ($6,000.00) provided for in the first sentence thereof with the sum of Five Thousand Five Hundred Dollazs ($5,500.00), effective as of October 1, 2003. 2. Other than as expressly amended hereby, the Lease, and each and every term and provision thereof, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have entered into this Amendment No. 4 as of the dates stated below as to each such party. Dated: September 21, 2005 Dated: September 21, 2005 Dated: g Z-`l of VALLEY BASEBALL CLUB, INC. ~~ - Presiden[ P176 11231-0001\753804v1.doc CC) C~z -6,P177 AMENDMENT NO.S TO AMENDED AND RESTATED LEASE BETWEEN THE CITY OF RANCHO CUCAMONGA ("CITY" HEREINAFTER) AND VALLEY BASEBALL CLUB, INC. ("TENANT" HEREINAFTER) A. Recitals. (i) During August, 1999, City and Tenant entered into the above-referenced Amended and Restated Lease which has been amended four times prior to this Amendment No. 5. Said Lease as so amended four times hereinaRer is referred to as "the Lease." (ii) The parties wish to again amend the Lease to provide for a new right field scoreboard. B. Amendment No. 5. NOW, THEREFORE, the parties hereto agree as follows: 1. Section 32.01 of the Lease hereby is amended to replace the scoreboard referred to in the Lease with a new right field scoreboard which will include the following: 13.3' x 23.6' 23mm ProStaz Video Display 3.6' x 2l .7' 46mm Galaxy Matrix Display Custom scoreboazd retrofit with LED amber digits and two (2) LED amber 10.6' x 5.3' 34mm Team Name Message Centers 6' x 34.6' LED Identification Display -dual sided 2. Other than as expressly amended hereby, the Lease, and each and every term and provision thereof, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have entered into this Amendment No. 5 as of the dates stated below as to each such party. Dated: ~ ~ ~~. Z06Y' Dated: y ~ 2 -~ T ____ Dated: to ~ VALLEY BASEBALL CLUB, INC. President 11231-0001 \769467r I .dac . -- ~o pz o~ y P, ~8 -r' '~_~ AMENDMENT NO. 6 TO AMENDED AND RESTATED LEASE BETWEEN THE CITY OF RANCHO CUCAMONGA ("CITY" HEREINAFTER) AND VALLEY BASEBALL CLUB, INC. ("TENANT" HEREINAFTER) A. Recitals. (i) During August, 1999, City and Tenant entered into the above-referenced Amended and Restated Lease which has been amended five times prior to this Amendment No. 6. Said Lease as so amended five times hereinafter is referred to as "the Lease." (ii) The parties wish to again amend the Lease to provide for City sponsored 7uly 4 events at the Stadium. B. Amendment Nn. ti. NOW, THEREFORE, the parties hereto agree as follows: Ncw subparagraphs hereby are added to Section 11.02 of the Lease to read as follows: Notwithstanding anything to the contrary stated in this Section 11.02, there shall be no practice or baseball game conducted by Tenant at the Stadium on atny July 4 during the remainder oi~the term hereof On each such July 4, City shall sponsor a fireworks show at the Stadium and Tenant shall have the right to provide all concessions for each such fireworks show and Tenant's management may participate in all meetings pertaining to each such event, Further, Tenant shall be provided up to 200 tickets to each such July 4 event for tenant's employees and management and Tenant shall be provided three (3)no charge dates per year for Quakes events such as corporate outings/picnics, celebrity softball games and baseball clitilcs to occur at the Stadium without charge. Each such Quakes event shall be approved by City's Community Services Director, which aoproval shall not be unreasonably withheld. 'tenant shall proy?de all box office services, concessions, video board and camera capabilities, pazking lot managers and attendants at normal hourly rates, ATM access and, if requested by City, merchandise store access during each July 4_event. Tenant shall-pa}~ to_City_15% of Tenant's.net_revenues_received_from_ , concessions during each July 4 event. 2. Other than as expressly amended hereby, the Lease, and each and every term and prrn~ision thereof, shall remain in full force and effect. 1[237-0001\916941v1.doc ` ~,, - ~ .. P179 .., IN WITNESS WHEREOF, the parties hereto have entered into this Amendment No. 6 as ' of the dates stated below as to each such party. CIT ~ CHO CUCAA NGA Dated: '7/757 B : Ma or ~ Dated: 7~'I~Z Attes : ~ ~~~ ~~.f~ ~. City Clerk VALLEY BASEBALL CLUB, INC. Dated: ~ G ©L~ 1 ~~ - President ]1231-OOOI~918941vl.doc P180 EXHIBIT B Current Guaranty 6 P181 EXHIBIT "G" FORM OF PERSONAL GUARANTY THIS PERSONAL GUARAIVT'1' (this "Guazanty") is dated, for reference purposes only, as of , 1999, and is made by the CITY OF RANCHO CUCAMONGA (the "City's and HENRY E. STICKNEY ("Guarantor"), with reference to the following facts: WHEREAS, the City and VALLEY BASEBALL CLUB, INC., A California Corporation (`"I'enant'~ aze parties to that certain Amended and Restated Lease ("the Amended Lease" hereinafter), dated , 1999, providing for the operation of Tenant's Class A baseball team at City's facility referred to therein as "the Stadium"; and WHEREAS, this Personal Guaranty is made in implementation of the Amended Lease and the Amended Lease is incorporated herein by reference; and WHEREAS, as an inducement to the City's execution of the Amended Lease, the undersigned Guarantor has agreed to guarantee during the term of the Amended Lease futl performance of the minimum annual rent and improvement rent payment obligations therein of Tenant to City under the Amended Lease. NOW, THEREFORE, in consideration of the execution of the Amended Lease by City, the undersigned hereby agree with City as follows: 1. Guarantor hereby unconditionally covenants and guarantees to City that Tenant shall make all minimum annual reef and improvement rent (as provided is paragraphs 4.01 and 4.08 of the Amended Lease), payment obligations ascribed to it in the Amended Lease and thaYif thcAmended Lease is terminated due to an event of---- default of Tenant, Guarantor will pay to City the total of minimum annual rent and improvement rent which would have been due from Tenant to City for the entire remainder of the term of the Amended Lease. 2. If Tenant's minimum annual rent and improvement rent payment obligations guazanteed hereunder aze not paid in full by Tenant by the times and as provided in the Amended Lease, Guarantor covenants and agrees that it shalt, within sixty (60) days of receipt of a written demand from City and in accordance with the terms and conditions of the Amended Lease fully pay and discharge such obligations. Further, if the Amended Lease is terminated due to an event of default of Tenant, Guarantor agrees C~Gf1V•11 FYR A\YRf F.XHG P182 that he shall pay to City the total of minimum annual rent and improvement rent which would have been due from Tenant to City for the entire remainder of the term of the Amended Lease, within sixty (60) days of a written demand therefor from City. 3. If Guarantor fails to promptly perform its obligations under this Guaranty, City may bring any action at law or in equity or both to compel Guazantor to perform its obligations hereunder, and to collect in any such action compensation for all loss, cost, damage, injury, attorneys' fees and other expenses sustained or incurred by City as a direct or induect consequence of the failure of Guarantor to perform any of its obligations hereunder. 4. Unless or until expressly released by the City in writing, the covenants and agreements on the part of Guarantor shall continue in favor of the City notwithstanding any extension, modification, or alteration of the Amended Lease entered into by and between City and Tenant, or their successors or assigns, or any assignment of the Amended Lease provided Guarantor has received prior written notice of and has approved any such extension modification or alteration or assignment of the Amended Lease. 5. The terms and provisions of this Guaranty shall be binding upon Guarantor's estate and Guarantor's successors and assigns. 6. This Guaranty will continue unchanged by any bankruptcy, reorganization or insolvency of Tenant or any successor or assignee thereof or by any disaffirmance or abandomnent by a trustee or Tenant. 7. Guarantor warrants and acknowledges that: (a) City would not enter into the Amended Lease but for this Guaranty; (b) Guazaator has reviewed all of the terms and provisions of the Amended Lease; and (c) Guarantor has estabiishcd adequate means of obtaining fivm soumxs other than City, on a continuing basis, financial and other information pertaining to Tenant's financial condition, and the status of Tenant's -- performance.of.its.obligations tmder_the-Amended Lease,.and City has_not made_aay representations to Guarantor as to any such matters. 8. City may, without nonce, assign this Guaranty in whole or in part, and no assignment or transfer of the Amended Lease by City shall operate to extinguish or diminish the liability of Guarantor hereunder. 9. The obligations of Guarantor hereunder shall be in addition to and shall not limit or in any way affect the obligations of Guarantor under any other existing or future guazanties unless said other guaranties are expressly modified or revoked in writing. This Guaranty is not intended, nor shall it be deemed to amend, modify, limit, ARQVALLEYBA~VBCEXHG supersede or affect any other guazanty previously, now or hereafter made by Guarantor in favor of City whether or not such guaranty relates to the transaction or transactions from which this Guaranty arises. This Guaranty is independent of the other obligations of Tenant under the Amended Lease. City may bring a sepazate action to enforce the provisions hereof against Guarantor without taking action against Tenant or any other party or joining Tenant or any other party as a party to such action. 10. The word "Tenant" as used herein shall include both the named Tenant and any other person ai any time assuming or otherwise becoming primarily liable for all or any part of the obligations of the named Tenant under the Amended Lease. The term "person" as used herein shall include any individual, company, trust or other legal entity of any kind whatsoever. When the wntext and construction so require, all words used in the singulaz herein shall be deemed to have been used in the plural and vice versa. 11. This Guaranty shall be governed by, and construed in`accordance with, the laws of the State of California, except to the extent preempted by Federal law_ Guarantor and all persons and entities in any manner obligated to City under this Guaranty consent to the jurisdiction of any Federal or State Court within the State of California having proper venue and also consent to service of process by any means authorized by California or Federal law. 12. This Guaranty may not be revoked by Guarantor or any successor or successors of Guarantor, and any attempted revocation by Guarantor or any such successor shall be null and void and shall not in any manner release or discharge Guarantor or such successor from liability under this Guaranty. 13. No assignment of the Amended Lease shall in any manner release or dischazge Guarantor or any successor of Guarantor from liability under this Guaranty whether or not such successor has notice of or consents to such assignment, and such successor does hereby consent thereto. -14: The terms and provisions ofthis Guaranty-shall be-binding upon- the successors and assignees of Guarantor and the successors and assignees of City and shall inure to the benefit of the respective successors and assignees of Guarantor and City. This Guaranty may not be modified or canceled except by a writing signed by City. I5. If any provision of this Guazanty shall be determined to be void by any Court of competent jurisdiction, then such determination shall not affect any other provision of this Guazanty and all such other provisions shall remain in full force and effect. It is the intention of the parties hereto that if any provision of this Guaranty is capable of two constructions, only one of which would render the provision valid, then the provision shall have the meaning which renders it valid. P183 S~RC~V ALLEYBAwBCEXHG P184 16. The obligations of Guazantor hereunder shall remain in full force and effect notwithstanding any assignment, sale, encumbrance, conveyance or transfer of the Amended Lease and/or the property subject to the Amended Lease. 17. Written notices, demands and communications between or among Guarantor and City shall be in writing and shall be deemed to be sufficiently given if delivered by hand (and a receipt thereof is obtained or is refused to be given) or if dispatched by registered or certified U. S. mail, postage prepaid, return receipt requested. Notices shall be addressed to: Mr. Henry E. Stickney 8408 Rochester Avenue P.O. Box 4139 Rancho Cucamonga, California 91730 City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 Attention: City Manager or to such other addresses as the above parties may designate by written notice. Any written notice, demand or communication shall be deemed received immediately if delivered by hand and shall be deemed received on the tenth day from the date it is postmarked in California if delivered by registered or certiSed U. S. mail. 18. Should legal action be brought by either party for bteach of this Guaranty to enforce any provision, the prevailing party in such action shall be entitled to reasonable attorneys' fees, court costs, and other litigation expenses including, without limitation, expenses incurred for preparation and discovery. The entitlement to recover such fees, costs and expenses shall accrue upon the commencement of the action regardless of whether thaaction is prosecuted-to-final_judgment._ - - 5\RCwALLEYBANBCEXHG P185 1N WITNESS WHEREOF, the Guarantor and City have executed this Guaranty as of the date first written above. J HENRY E. STICKNEY CITY OF RANCHO ATTEST: i'~'~-~i City C rk 5\RC~V ALLEYBA\ V BCEXHG P186 EXHIBIT C New Guaranty P187 EXHIBIT "G" FORM OF PERSONAL GUARANTY THIS PERSONAL GUARANTY (this "Guaranty") is dated, for reference purposes only, as of , 2009, and is made by the CITY OF RANCHO CUCAMONGA (the "City") and ROBERT A. BRETT ("Guarantor"), with reference to the following facts: WITNESSETH WHEREAS, the City and Rancho Baseball, LLC, a Washington limited liability company ("Tenant") are parties to that certain Amended and Restated Lease dated August 18, 1999, as amended six (6) times (the "Amended Lease" hereafter) providing for the operation of Tenant's Class A baseball team at City's facility referred to therein as the "Stadium"; and WHEREAS, this Personal Guaranty is made in implementation of the Assignment and Assumption and Consent to Lease Assignment dated , 2009, pursuant to which the tenant's interest under the Amended Lease has been assigned to Tenant, effective as of 2009 (the "Assignment Effective Date"); WHEREAS, the Amended Lease is incorporated herein by reference; and WHEREAS, as an inducement to the City's approval of the above referenced assignment, the undersigned Guarantor has agreed to guarantee to the City Tenant's full performance of the minimum annual rent and improvement rent payment obligations that arise under the Amended Lease subsequent to the Assignment Effective Date. NOW, THEREFORE, in consideration of the execution of the Amended Lease by City, the undersigned hereby agree with City as follows: 1. Guarantor hereby unconditionally covenants and guarantees to City that Tenant shall make all minimum annual rent and improvement rent (as provided in paragraphs 4.01 and 4.08 of the Amended Lease), payment obligations ascribed to Tenant under the Amended Lease for periods subsequent to the Assignment Effective Date and that if the Amended Lease is terminated due to an event of default of Tenant, Guarantor will pay to City the total of minimum annual rent and improvement rent which would have been due from Tenant to - City for the entire remainder of the term of the Amended Lease. 2. If Tenant's minimum annual rent and improvement rent payment obligations guaranteed hereunder are not paid in full by Tenant by the times and as provided in the Amended Lease, Guarantor covenants and agrees that it shall, within sixty (60) days of receipt of a written demand from City and in accordance with the terms and conditions of the Amended Lease fully pay and discharge such obligations. Further, if the Amended Lease is terminated due to an event of default of Tenant, Guarantor agrees that he shall pay to City the P188 total of minimum annual rent and improvement rent which would have been due from Tenant to City for the entire remainder of the term of the Amended Lease, within sixty (60) days of a written demand therefore from City. 3. If Guarantor fails to promptly perform its obligations under this Guaranty, City may bring any action at law or in equity or both to compel Guarantor to perform its obligations hereunder, and to collect in any such action compensation for all loss, cost, damage, injury attorney's fees and other expenses sustained or incurred by City as a direct or indirect consequence of the failure of Guarantor to perform any of its obligations hereunder. 4. Unless or until expressly released by the City in writing, the covenants and agreements on the part of Guarantor shall continue in favor of the City notwithstanding any extension, modification, or alteration of the Amended Lease entered into by and between City and Tenant, or their successors or assigns, or any assigmment of the Amended Lease provided Guarantor has received prior written notice of and has approved any such extension, modification or alteration of assignment of the Amended Lease. 5. The terms and provisions of this Guaranty shall be binding upon Guarantor's estate and Guarantor's successors and assigns. 6. This Guaranty will continue unchanged by any bankruptcy, reorganization or insolvency of Tenant or any successor or assignee thereof or by any disaffirmance or abandonment by a trustee or Tenant. 7. Guarantor warrants and acknowledges that: (a) City would not approve the above referenced assignment of the Amended Lease but for this Guaranty; (b) Guarantor has reviewed all of the terms and provisions of the Amended Lease; and (c) Guarantor has established adequate means of obtaining from sources other than City, on a continuing basis, financial and other information pertaining to Tenant's financial condition, and the status of Tenant's performance of its obligations under the Amended Lease, and City has not made any representations to Guarantor as to any such matters. 8. City may, without notice, assign this Guaranty in whole or in part, and no assignment or transfer of the Amended Lease by City shall operate to extinguish or diminish the liability of Guarantor hereunder. 9. The obligations of Guarantor hereunder shall be in addition to and shall not limit or in any way affect the oobligations of Guarantor under any other existing or future guaranties unless said other guaranties are expressly modified or revoked in writing. This Guaranty is not intended, nor shall it be deemed to amend, modify, limit, supersede or affect any other guaranty previously, now or hereafter made by Guarantor in favor of City whether or not such guaranty relates to the transaction or transactions from which this Guaranty arises. This Guaranty is independent of the other obligations of Tenant under the Amended Lease. City may bring a separate action to enforce the provisions hereof against Guarantor without taking action against Tenant or any other party or joining Tenant or any other party as a party to such action. 2- P189 10. The word "Tenant" as used herein shall include both the named Tenant and any other person at any time assuming or otherwise becoming primarily liable for all or any part of the obligations of the named Tenant under the Amended Lease. The term "person" as used herein shall include any individual, company, trust or other legal entity of any kind whatsoever. When the context and construction so require, all words used in the singulaz herein shall be deemed to have been used in the plural and vice versa. 11. This Guaranty shall be governed by, and construed in accordance with, the laws of the State of California, except to the extent preempted by Federal law. Guarantor and all persons and entities in any manner obligated to City under this Guazanty consent to the jurisdiction of any Federal or State Court within the State of California having proper venue and also consent to service of process by any means authorized by California or Federal law. 12. This Guaranty may not be revoked by Guarantor or any successor or successors of Guarantor, and any attempted revocation by Guazantor or any such successor shall be null and void and shall not in any manner release or discharge Guarantor or such successor from liability under this Guaranty. 13. No assignment of the Amended Lease shall in any manner release or discharge Guarantor or any successor of Guarantor from liability under this Guaranty whether or not such successor has notice of or consents to such assignment, and such successor does hereby consent thereto. 14. The terms and provisions of this Guaranty shall be binding upon the successors and assignees of Guarantor and the successors and assignees of City shall inure to the benefit of the respective successors and assignees of Guazantor and City. This Guaranty may not be modified or canceled except by a writing signed by City and Guarantor. 15. If any provisions of this Guaranty shall be determined to be void by any Court of competent jurisdiction, then such determination shall not affect any other provision of this Guaranty and all such other provisions shall remain in full force and effect. It is the intention of the parties hereto that if any provision of this Guaranty is capable of two constructions, only one of which would render the provision valid, then the provision shall have the meaning which renders it valid. 16. The obligations of Guarantor hereunder shall remain in full force and effect notwithstanding any assignment, sale, encumbrance, conveyance or transfer of the Amended Lease and7or the property subject to the Amended Lease. 17. Written notices, demands and communications between or among Guarantor and City shall be writing and shall be deemed to be sufficiently given if delivered by hand (and a receipt thereof is obtained or is refused to be given) or if dispatched by registered or certified U.S. mail, postage prepaid, return receipt requested. Notices shall be addressed to: -3- P190 Mr, Robert A. Brett 700 W. Mallon Spokane, WA 99201 City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attention: City Manager or to such other addresses as the above parties may designate by written notice Any written notice, demand or' communication shall be deemed received immediately if delivered by hand and shall be deemed received on the tenth day from the date it is postmarked in California if delivered by registered or certified U.S. mail. 18. Should legal action be brought by either party for breach of this Guaranty to enforce any provision, the prevailing party in such action shall be entitled to reasonable attorneys' fees, court costs, and other litigation expenses including, without limitation, expenses incurred for preparation and discovery. The entitlement to recover such fees, costs and expenses shall accrue upon the commencement of the action regardless of whether the action is prosecuted to final judgment. IN W[TNESS THEREOF, the Guarantor and City have executed this Guaranty as of the date first written above. GUARANTOR: ROBERT A. BRETT CITY OF RANCHO CUCAMONGA ATTEST: City Clerk Mayor -4- ATTACHMENT ll2 P191 SPORTS & ENTERTAINMENT Company Overview Brett Sports & Entertainment operates minor league sports teams and produces radio and television broadcasts for a variety of sports properties. Brett Sports and Entertainment strives to contribute to the communities we serve through quality events and exceptional customer service. Current Teams and Affiliates The Spokane Indians Baseball Club High Desert Mavericks Baseball Club Bellingham Bells Baseball Club --- - - Spokane Chiefs-Hockey Club - Gonzaga University Spokane Public Facilities District/Spokane Arena Brett Brothers Sports International 700 West Mallon Spokane, WA 99201 (509)324-2014 Fax: (509)328-7608 P192 Brett Sports & Entertainment Key Personnel Bobby Brett is the President and Managing Partner of Brett Sports & Entertainment. A former high school biology teacher and coach, Bobby is also the Managing Partner of the Spokane Indians Baseball Club, Spokane Chiefs Hockey Club, High Desert Mavericks Baseball Club and Bel]ingham Bells Baseball Club. Through Bobby's leadership the Brett Sports teams have been extraordinarily successful in terms of community involvement, employee development, customer service and financial results. In addition to his ownership of minor league sports teams, Bobby has, had a successful career in real estate investment. Bobby is active in the community in many ways. Based on Bobby's leadership in community involvement, Brett Sports in 2004 was awarded the prestigious Spokane Chamber of Commerce Agora Award for outstanding community service. George BCett is an investor in all Brett Sports companies, except the Spokane Indians. In addition, George is the majority owner of the Tri-City Dust Devils Baseball Club. George is also the Kansas City Royals Vice President-Baseball Operations, continuing his long-time association with the organization. The Hall of Famer, who was selected by the Royals in the 2nd round of the 1971 June Free Agent Draft, spent his entire big league playing career in Kansas City before moving into the front office following his retirement in 1993. Brett was inducted into Baseball's Hall of Fame in July of 1999 after receiving 98 percent of the votes, the fourth-highest mark in history. He played 21 seasons for the Royals, collecting 3,154 hits, 3 batting titles (1976, 1980 and 1990) and a Most Valuable Player award (1980). The Royals retired George's number 5 and inducted him into the club's Hall of Fame on May 14, 1994. Brett is involved in numerous charitable causes, including the Keith Worthington ALS Chapter. He serves as the Honorary Fund Raising Chairman and has hosted such events as the George Brett Golf Tournament, the annual ALS Auction, and Lou Gehrig Night at Kauffman Stadium. Andrew Billig is the Chief Operating Officer and part-owner of Brett Sports. Andy is also the President of ---the Spokane-Indians Baseball team-ln his capacitywith-Brett Sports, Andy oversees the day-to-day operations of the Brett Sports teams. Andy has been honored as the Northwest League of Professional Baseball Executive of the Year in 1994 and 2004...won Northwest League Award for Promotional Excellence in 1994, 1995, 1996, 1997, 1998, 1999, 2000...has served as Vice President of the Northwest League, chair of the Northwest League Marketing Committee and currently serves on the league's executive committee. Andy graduated cum laude from Georgetown University in Washington, DC. P193 STAFF REPORT ~ - ENGINEERING DEPARTMENT RANCHO Date: July 15, 2009 G'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: Carlo Cambare, Engineering Technician Subject: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE IRREVOCABLE STANDBY LETTER OF CREDIT, ACCEPT A MAINTENANCE CASH DEPOSIT AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR DRC2003-01085 LOCATED SOUTH SIDE OF 7TH STREET AT THE CUL-DE-SAC TERMINUS EAST OF ARCHIBALD AVENUE, SUBMITTED BY SCHEU MANAGEMENT RECOMMENDATION The required improvements for DRC2003-01085 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Irrevocable Standby Letter of Credit and accept a Maintenance Cash Deposit. BACKGROUND/ANALYSIS As a condition of approval of completion of DRC2003-01085, located south side of 7th street at the cul- de-sac terminus east of Archibald Avenue, the applicant was required to complete improvements. The improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Irrevocable Standby Letter of Credit and accept the Maintenance Cash Deposit. Developer: P.O Box 250 Upland, CA 91785 Release: Irrevocable Standby Letter of Credit # 3086666 $18,900.00 (Letter of Credit No.) Accept: Maintenance Cash Deposit #CR131301 1,890.00 (Receipt No.) Respectfully submitted, er Director of Engineering Services/City Engineer MAS:CC:alrw Attachment(s) Vicinity Map N. T S. ' f 1 ' 400m 0~ 200fY ~ ' ~ Call Pna e Velar nt St ~ j & ~ ~, I Bayberry Dr nrrow Roue 3 ~ I ~. .a........- a ~_.u- Arrow RoutE -._._.__ ._.___.:__. .____- .._.-___.._. ___._ . -_.__ __._-- -_~ .._... -__-..~.. __.. ~ ..._a-. .._ __r I ~ !~ ~ I~ ~ Saftna St rv y ~ „^ ' I ~ , ! `.K " 9th St ~ Rne Crast PI 26th St ~ ~ i '' > I 1 ° ' ! )else BNd Y i ~~ ~ ¢ ~4 25th St c c I E = _ _ Feron Blvd 24th St !' TI ` ~ _ r - ° ritau+ $t ttumtroldtAVe t^ ~ _._. 4tchisun, jopclaa 8 Sanfa,r e Bth St_, ~ .., ,, _ .. ,.. v oiI = ~ ' :; o ~ z ~ ~ , I Aram SC I 1 ~ o ~ _ .... _ ; < f ~ _ ~ ~ N Y~ ; Y O~ -J n lSfr nth St ~ ~ ~ Edebvelss St ~-- ~ - y n x j m o °' Cameron $r ~~ ~ ~ i ~ E Deodar $t,'a, s t)Eerbrook Stj ~ ~ ~ Mradovr5t, pRCZ003-0J085 ~ ~ ~ E Gth St 6th St j ~ ~ . ~ i ~~ ~ 2 p po _ o'~ j. .. _~ ' _ - I E tlavrtnorne Ct- ~ - ~ ' d ~ 5 ' ° `g ! Havrthome Dr ~ j E 6onnte Brac Ct a a iL ~ S ~ ~ ; ~' ~ . ! ' E 5th $t a ._ a ti " z ~y 5th S[ p e a ~ I ,~ Trademark St ~ ' . ~ ~ Arborgkn a ~ I .~ Lnterprlse St z ~ a - a R ~ $hadovrgrovc Dr ~~ , ~ ' 'a C 9[h S[ n y . 9th SC _, 1`v_- - --- -- - Z . ___ :.z_.. ..._ .. 3 i;o j ~ ~ i 3 , i :m ~ `ry S Cucamonga-GUasU y ~ x. .i .Reg7onalfiarq ,ten Con[ours Sty < m ti ITEM: DRC2003-01085 TITLE: Vicinity Map EXHIBIT "A" City of Rancho Cucamonga P194 ro P195 RESOLUTION NO. 07-~y3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2003-01085 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for DRC2003-01085 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. P196 STAFF REPORT ENGIIV EEWNG DEP.~IRTT\[ENT RANCHO Date: July 15, 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: Carlo Cambare, Engineering Technician Subject: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR DRC2005-00703 LOCATED 8578 PECAN AVENUE, SUBMITTED BY GORDON TRUCKING, INC. RECOMMENDATION The required improvements for DRC2005-00703 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond and accept a Maintenance Bond. BACKGROUND/ANALYSIS As a condition of approval of completion of DRC2005-00703, located 8578 Pecan Avenue, the applicant was required to complete improvements. The improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Bond and accept the Maintenance Bond. Developer: 151 Stewart Road, Seattle, WA 98047 Release: Faithful Performance Bond # 105124485 $38,880.00 (Bond No.) Accept: Maintenance Bond # 105124485m $3,880.00 (Bond No.) Respectfully submitted, ~~~~~.~ uer Director of Engineering Services/City Engineer MAS:CC:alrw r . Attachment(s) P197 VICINITY MAP (Not to Scale) CITY OF RANCHO CUCAMONGA ENGINEERING SERVICES DEPARTMENT J~I w~ r ". ITEM: DRC2005-00703 TITLE: Vicinity Map F,xhibit: A P198 RESOLUTION NO. O~I-~y7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2005-00703 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for DRC2005-00703 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. P199 STAFF REPORT ENGINEERING DEPARTT3ENT Date: July 15, 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: Carlo Cambare, Engineering Technician . . RANCHO CUCAMONGA Subject: RELEASE OF MAINTENANCE GUARANTEE BOND FOR PARCEL MAP 17077, LOCATED SOUTHEAST CORNER OF DAY CREEK BOULEVARD AND FOOTHILL BOULEVARD, SUBMITTED BY FOOTHILL CROSSING RANCHO, LLC RECOMMENDATION It is recommended that City Council authorize the City Clerk to release the Maintenance Guarantee Bond, for Parcel Map 17077, located southeast corner of Day Creek Boulevard and Foothill Boulevard, submitted by Foothill Crossing Rancho, LLC BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. DEVELOPER FOOTHILL CROSSING RANCHO, LLC 301 Shipyard Way Newport Beach, CA 92663 Release: Maintenance Guarantee Cash Deposit #CR110520 $1,730.00 Respectfully submitted, .._..~ /~~ Director of Engineering Services/City Engineer ___ _ __ _ ._ ______ _ __ MAS:CC:alrw Attachment(s) CITY OF RANCHO CUCAMONGA ENGINEERING DEPT ITEM: PM 17077 d~ TITLE: VICINITY MAP d ~ EXHIBIT: A VICINITY MAP (Not to Scale) P200 P201 STAFF REPORT ENGINEERING DEPARTMEI~'T RANCHO Date: July 15, 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: Carlo Cambare, Engineering Technician Subject: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR TRACT 16716 LOCATED EAST SIDE OF ETIWANDA AVENUE BETWEEN ETIWANDA INTERMEDIATE SCHOOL AND ETIWANDA RAILWAY STATION, SUBMITTED BY MONTE SAN SAVINO, LLC RECOMMENDATION The required improvements for TRACT 16716 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond and accept a Maintenance Bond. BACKGROUND/ANALYSIS As a condition of approval of completion of Tract 16716, located on the east side of Etiwanda Avenue between Etiwanda Intermediate School and Etiwanda Railway Station, the applicant was required to complete improvements. The improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Bond and accept the Maintenance Bond. Developer: Monte San Savino, LLC P.O. Box 2428 Rancho Cucamonga, CA 91729 Release: Faithful Performance Bond # 839507S (Bond No.) Accept: Maintenance Bond # 839507S (Bond No.) --Respectfully submitted, _ ;.Ste' e~~~/v~ Director of Engineering Services/City Engineer MAS:CC:alnv $1,108,900.00 $110,890.00 Attachment(s) P202 VIC9NITY MAP NOT TO SCALE ~~ City of Rancho Cucamonga ENGINEERING Item: Tract No. 16716 Title: VICINITY MAP EXHIBIT: 1 DIVISION P203 RESOLUTION NO. Og-/yS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16716 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for TRACT 16716 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. P204 STAFF REPORT 12ANCH0 CUCAT`40NGA FIRE PROTECTION DISTRICT Date: July 15, 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 OF A RESOLUTION ADOPTING THE FIRE DISTRICT'S GENERAL FUND FINAL BUDGET FOR FISCAL YEAR 2009/10 IN THE AMOUNT OF $22,146,750 RECOMMENDATION Consideration of approval of a resolution adopting the Fire District's General Fund Final Budget for Fiscal Year 2009/10 in the amount of $22,146,750. BACKGROUND The Health' and Safety Code, commencing with Section 13890, requires that Fire Protection Districts: 1. adopt a preliminary budget; 2. publish notice regarding a public hearing for final budget adoption; and 3. that on or before October 15~ of each year the Board shall adopt its final budget. In compliance with the above requirements, the Fire District Board of Directors has: 1. conducted a public budget workshop on June 4, 2009 and adopted the preliminary budget on June 15, 2009; 2. published on two occasions in the Inland Valley Daily Bulletin notices regarding the public hearing for consideration of final budget adoption; and 3. submitted for consideration of approval a resolution adopting the General Fund Final Budget during the Board meeting scheduled-for July"15-2009. The preliminary budget has been available for public inspection in accordance with the Health and Safety Code. The final budget is hereby presented for your consideration of approval. Respectfully submitted, Peter . Bry Fire Chief P205 RESOLUTION NO. FD 09-D37 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FIXING A FINAL BUDGET FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30,2010 WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District adopted its General Fund Preliminary Budget on June 15, 2009, and made said preliminary budget available for inspection by interested taxpayers; and WHEREAS, the Board of Directors noticed a time and place for a public hearing regarding the preliminary budget; and WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District conducted said hearing in accordance with requirements set forth in the Health and Safety Code of the State of California. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby adopt the General Fund Fihal Budget for the District for fiscal year 2009/10 and is hereby fixed and established as set forth and attached hereto and incorporated herein by reference. PASSED, APPROVED, and ADOPTED this day of , 2009. AYES: NOES: ABSENT: ABSTAINED: Donald J. Kurth. M.D.. President _ ATTEST: Janice C. Reynolds, Secretary P206 Resolution No. 09- Page 2 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 I:\Clerical\Word Processing DocsV2esolutions and Ordinances\BudgeflResoGFBUd09-10.doc P207 STAFF REPORT ~~~' RANCHO CUCAMONGA FIRE PROTECTION DISTRICT , RANCHO Date: July 15, 2009 C,UCAMONGA 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 Subject: ADOPTION OF A RESOLUTION MAKING DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (SAN SEVAINE VILLAS -APN 0229- 041-10 -ANNEXATION NO. 09-5) TO AN EXISTING COMMUNITY FACILITIES DISTRICT, CALLING A SPECIAL ELECTION AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS RECOMMENDATION Consideration of adoption of a.resolution making determinations and authorizing the submittal of the levy of special taxes to the qualified electors of territory proposed to be annexed (Alta Loma Animal Hospital -Annexation No. 09-5) to existing Community Facilities District No. 85-1 ("CFD No. 85-1") and calling a special election for such purpose. BACKGROUND Northtown Housing Development Corporation, a California Nonprofit Public Benefit Corporation has submitted a proposal to develop a 225 multi-family apartment complex on 12.87 acres identified as APN 0229-041-10 (the "Annexation Area") and is conditioned by the City and Fire District to annex to the existing Community Facilities District (CFD) 85-1 in order to mitigate the development's impact upon fire protection services. On June 3, 2009, the Board initiated formal annexation proceedings pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (the "Mello-Roos Act") by adopting a resoiution approving an annexation map (Exhibit "A") of the territory proposed to be-annexed-and the-Resolution-of Intention-to Annex-AP-N-0229-041-10-into-the-existing - CFD 85-1. This resolution, among other things, declared the intention of the Board of Directors to levy a special tax within the Annexation Area to finance fire protection and suppression services and setting a public hearing regarding the proposed annexation to be held on July 15, 2009. P208 Annexation of Territory to an existing CFD 85-1 July 15, 2009 Through adoption of this resolution before the Board this evening, the Board will accomplish the following: • Make certain determinations as set forth in the resolution • Call for a special election to be conducted on July 22, 2009 • Authorize submittal of the levy of the special tax to qualified electors of the Annexation Area at such special election ANALYSIS The annexation of the Annexation Area into CFD No. 85-1 will satisfy the conditions of development relating to mitigating impacts upon fire protection services. Northtown Housing Development Corporation, property owner, is in full support of the annexation of the property being annexed. The Registrar of Voters has certified there are no registered voters residing within the Annexation Area. Pursuant to the Mello-Roos Act, whenever there have been less than 12 persons registered to vote within the Annexation Area for each of the 90 days preceding the public hearing pertaining to such annexation, the vote shall be by the landowners within the Annexation Area. Therefore, in the current circumstances, the election will be a landowner's vote, the landowner having one vote per acre or portion thereof of land within the Annexation Area. Nacho Gracia, Chief Administrative Officer for Northtown Housing Development Corporation, owner of the property within the Annexation Area, has executed a "Consent and Waiver" of time frames relating to the election. Exhibit "A" of the Resolution sets forth the rate and method of apportionment of the special tax proposed to be levied within the Annexation Area which is consistent with the special tax levied upon all territory currently within CFD No. 85-1. At the special election to be held on July 22, 2009, the landowner(s) will be entitled to cast its ballot. The Board Secretary will then canvas the ballot, if received. At the next Board meeting, the Board will consider adopting the resolution declaring the election results and the annexation of the Annexation Area to CFD No. 85-1. If 2/3 of the votes are cast in favor of the levy of the special tax, the Board may declare the property to be annexed. A representative for the property owner will questions arise regarding these proceedinc Hearing has been advertised in the Inland be present during the meeting should any s. The Public Notice regarding the Public 'alley Daily Bulletin. Respectfully submitted, Peter ryan Fire C ~f Attachments P209 RESOLUTION NO. FD 09- 0.38 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, MAKING CERTAIN DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (ANNEXATION NO. 09-5) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85-1) AND CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF SUCH TERRITORY WHEREAS, the BOARD OF DIRECTORS (the "Board of Directors") of the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT (the "Fire Protection District"), RANCHO CUCAMONGA, CALIFORNIA, has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing community facilities district pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof (the "Act"). The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District"); and, WHEREAS, notice of a public hearing relating to the annexation of territory to the District, the extent of the territory to be annexed (the "Annexation Area"), the furnishing of certain public services and all other related matters has been given; and, WHEREAS, it has now been determined that written protests have not been received by 50% or more of the registered voters residing either within the Annexation Area or the District and/or property owners representing more than one-half (1/2) or more of the area of land within the Annexed Area or within District; and, W HEREAS, inasmuch as there have been less than twelve (12) persons registered to vote within the Annexation Area for each of the 90 preceding days, this legislative body desires to submit the levy of the required special tax to the landowners of±he Annexation Area, said landowners being the qualified electors as authorized by law. NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: SECTION 1. RECITALS The above recitals are all true and correct. - SECTION-2-DETERMINATIONS -Itis determined by this Board of-Directors A. all proceedings prior hereto were valid and taken in conformity with the requirements of law, and specifically the provisions of the Act; B. less than twelve (12) registered voters have resided within the Annexation Area for each of the ninety (90) days preceding the close of the public hearing and, consequently, the qualified electors shall be the landowners of the Annexation Area and each landowner who is the owner of record as of the close of the public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within the Annexation Area; P210 Resolution No. FD 09- Page -2- C. the time limit specified by the Act for conducting an election to submit the levy of the special taxes to the qualified electors of the Annexation Area and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the Annexation Area; D. the Secretary, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of this resolution; and E. the public services proposed to be financed from the proceeds of special taxes to be levied within the Annexation Area are necessary to meet increased demands placed upon the Fire Protection District as a result of development and/or rehabilitation occurring in the Annexation Area. SECTION 3. BOUNDARIES OF ANNEXED AREA The boundaries and parcels of land in the Annexation Area and on which special taxes are proposed to be levied in order to pay the costs and expenses for the public services described in Section 4 below are generally described as follows: All that property and territory proposed to be annexed to the District, as said property is shown on a map as previously approved by this legislative body, said map entitled "Annexation Map No. 09-5 of Community Facilities District No. 85-1 of the Rancho Cucamonga Fire Protection District, County Of San Bernardino, State Of California" (the "Annexation Map"), a copy of which is on file in the Office of the Secretary and shall remain open for public inspection. SECTION 4. DESCRIPTION OF SERVICES The services that are authorized to be financed from the proceeds of special taxes levied within the District are certain services which are in addition to those services required for the territory within the District and will not be replacing services already available. A general description of the services authorized to be financed by the District is as follows: The performance by employees of functions, operations, maintenance and repair activities in order to provide fire protection and suppression services. The District shall finance all direct, administrative and incidental annual costs and expenses necessary to provide such services. The same types of services which are authorized to be financed by the District from the proceeds of special taxes levied within the District are the types of services proposed to be financed from the special taxes proposed to be levied within the Annexation Area. If and to the extent possible such services shall be provided in common with District and the Annexation Area __ SECTION 5. SPECIAL TAX Except where funds are otherwise available and subject to the approval of the qualified electors of the Annexation Area, a special tax sufficient to pay for the services described in Section 4 that are required for the Annexation Area, secured by recordation of a continuing lien against all non-exempt real property in the Annexation Area will be levied annually within the boundaries of the Annexation Area. For particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit "A" which sets forth insufficient detail the method of apportionment to allow each landowner or resident within the Annexation Area to clearly estimate the maximum amount of the special tax that such person will have to pay. P211 Resolution No. FD 09- Page -3- The special taxes 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 Board of Directors 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. SECTION 6. SPECIAL TAX ACCOUNTABILITY MEASURES Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this Board of Directors hereby establishes the following accountability measures pertaining to the levy by the District of the special taxes within the Annexation Area as described in Section 5 above: A. Each such special tax shall be levied for the specific purposes section in Section 5. above. B. The proceeds of the levy of each such special tax shall be applied only to the specific applicable purposes set forth in Section 5. above. C. The District shall establish a separate account into which the proceeds of the special taxes levied within the District shall be deposited. D. The Fire Chief or his or her designee, acting for and on behalf of the District, shall annually file a report with the Board of Directors as required pursuant to Government Code Section 50075.3. SECTION 7. ELECTION The proposition related to the levy of the special tax shall be submitted to the qualified electors of the Annexation Area, said electors being the landowners, with each landowner having one (1) vote for each acre or portion thereof of land which he or she owns within said annexed territory. The special election shall be held on the 22nd day of JULY 2009, and said election shall be a special election to be conducted by the Secretary (hereinafter "Election Official"). If the proposition for the levy of the special tax receives the approval of more than two-thirds (2/3) of the votes cast on the proposition, the special tax may be levied as provided for in this Resolution and the Board of Directors may determine that the Annexation Area is added to and part of the District. SECTION 8. BALLOT The ballot proposal to be submitted to the qualified voters at the election shall generally be as follows: PROPOSITION A -----RANCRO-000AMONGA FIRE PROTECTION-DISTRI COMMUNITY FACILITIES DISTRICT NO. 85-1, AUTHORIZATION FOR SPECIAL TAX LEVY Shall Community Facilities District No. 85-1 of the Rancho Cucamonga Fire Protection District be authorized to levy special taxes within the territory shown on "Annexation Map No. 09-5 of Community Facilities District No. 85-1 of the Rancho Cucamonga Fire Protection District, County Of San Bernardino, State Of California" (the "Annexation Map") pursuant to P212 Resolution No. FD 09- Page -4- the rate and method of apportionment of special taxes (the "Special Tax Formula")set forth in Ordinance No. FD 48 to finance fire suppression and protection services and administrative expenses? SECTION 9. VOTE The appropriate mark placed in the voting square after the word "YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the voting square after the word "NO" in the manner as authorized, shall be counted against the adoption of said proposition. SECTION 10. ELECTION PROCEDURE The Election Official is hereby authorized to take any and all steps necessary for the holding of said election. Said Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of said election, and said services shall include, but not be limited to the following: A. Prepare and furnish to the election officers necessary election supplies for the conduct of the election. B. Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms. C. Furnish and address official ballots for the qualified electors of the Annexation Area. D. Cause the official ballots to be mailed and/or delivered, as required by law. E. Receive the returns of the election. F. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. G. Canvass the returns of the election. H. Furnish a tabulation of the number of votes given in the election. Make all arrangements and take the necessary steps to pay all costs of the election incurred as a result of services performed for the District and pay costs and expenses of all election officials. J. Conduct and handle all other matters relating to the proceedings and conduct ofthe election in the manner and form as required by law. P213 Resolution No. FD 09- Page -5- PASSED, APPROVED, AND ADOPTED this day of 2009. AYES: NOES: ABSENT: ABSTAINED: Donald J. Kurth, M.D., President ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the day of 2009. Executed this day of 2009 at Rancho Cucamonga, California. Janice C. Reynolds, Secretary P214 Resolution No. FD 09- Page -6- EXHIBIT "A" COMMUNITY FACILITIES DISTRICT NO. 85-1 ANNEXATION NO. 09-5 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, the Maximum Special Tax in Community Facilities District No. 85-1, Annexation No. 09-5 for Fiscal Year 2009-2010 shall be: Structures Residential Multi-Family Commercial Industrial Maximum Annual Special Tax 1 DU 2 DU: 1.75 3 DU: 2.25 4 DU: 2.65 5-14 DU: 2.65 15-30 DU: 6.15 31-80 DU: 10.65 81 - up DU: 23.15 ($146.56) per acre + $.079 per SF ($146.56) per acre + $.097 per SF Note: DU =Dwelling Unit TU =Total Units SF =Square Foot _ ($146.56) _ ($146.56) _ ($146.56) _ ($146.56) _ ($146.56) + {.35 (TU-4) ($146.56)} _ ($146.56) + {.30 (TU-14) ($146.56)} _ ($146.56) + {.25 (TU-30) ($146.56)} _ ($146.56) + {.20 (TU-80) ($146.56)} ANNUAL ADJUSTMENT The maximum Special Tax shall be annually adjusted commencing on July 1, 2009 and each --- July 15' thereafter fdr (a) changes in the cost of living or (b) changes in cost of living and changes in population as defned in Section 7901 of the Government Code, as amended, whichever is lesser. P215 Resolution No. FD 09- Page -7- REDUCTION IN SPECIAL TAX Commercial and industrial structures shall be granted a reduction in the Special Tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall be granted a reduction 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. STAFF REPORT PL.iNNiNG DEP.1 RTb4ENT Date: July 15, 2009 P216 RANCHO CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: James R. Troyer, AICP, Planning Director By: Tabe van der Zwaag, Associate Planner Subject: CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION 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 MARCH 4, 2009 RECOMMENDATION: Staff recommends that the City Council overturn the Planning Commission's revocation of Conditional Use Permit CUP87-06, and approve the applicant's appeal. BACKGROUND: On October 22, 2008, the Planning Commission .approved the revocation of Pepper's Mexican Restaurant's Conditional Use Permit (CUP87-06) and Entertainment Permit (EP89-04). The applicant appealed the Planning Commission's decision on November 3, 2008. The City Council appeal hearing was scheduled for December 3, 2009, but was continued to January 21, 2009, at the request of the applicant's attorney. The rescheduled January 21, 2009, City Council appeal hearing was continued to March 4, 2009, due to a scheduling conflict with the City Attorney. At the City Council meeting of March 4, 2009, the City Council determined that the applicant had corrected the majority of the issues which brought about the Planning Commission's revocation of Pepper's Conditional Use Permit. The City Council continued the revocation appeal to the July 15, 2009, meeting in order to give the applicant the opportunity to demonstrate that they could continue operating the business in full compliance with the approved Conditions of Approval and eliminate the previous heavy reliance on Police and Fire-Department-services-lt-should be noted that-the-City-Council-did uphold-the Planning Commission's revocation of Entertainment Permit EP89-04 at the meeting held on March 4, 2009. UPDATE: Since the City Council meeting on March 4, 2009, the applicant has operated the business in full compliance with the Conditions of Approval. Staff received a memorandum on June 30, 2009 (Exhibit C) from Chief of Police, Joe Cusimano, outlining the Police Department's recent actions subject to Pepper's. Those actions include conducting two undercover operations, periodic compliance checks and discussions with Pepper's customers. A review of these actions found that the business was being operated in full compliance with the approved CUP. A review of calls- for-service to Pepper's for the P217 CITY COUNCIL STAFF REPORT CUP87-06R -PEPPER'S MEXICAN RESTAURANT July 15, 2009 Page 2 previous 6 months found 1 arrest for Drunk-in-Public which occurred on June 5, 2009 at 10:47 p. m. Per the discussion with the California Department of Alcoholic Beverage Control (ABC), the ABC sent the applicant a 24200(e) notice because of the issues raised at an August 8, 2008, compliance check. This notice is meant to advise the license holder of the violations found during the compliance check and give them a time to correct those issues. The applicant has corrected the outstanding ABC violations and is currently in full compliance. Resolution of Approval: Staff has reviewed the original Conditions of Approval related to the Conditional Use Permit (CUP87-06) and has added new conditions and strengthened the existing conditions in order to better assure that Pepper's operates as a restaurant rather than a bar. Additionally, the applicant has submitted an updated Floor Plan showing Pepper's current layout (Exhibit B) and a new Condition of Approval has been added which requires that any modification to the existing Floor Plan be approved by the Planning Director. Conclusion: The applicant has fully cooperated with staff in correcting all violations of the approved Conditions of Approval and is presently operating the business in a manner that does not require on-going police supervision. Staff concludes that the present operation of Pepper's is in full compliance and that the City Council would be justified in permitting the applicant to retain the right to serve distilled spirits by approving the attached Resolution of Approval and overturning the Planning Commissions revocation of Conditional Use Permit CUP87-06R. Respectfully submitted, PLA NING DEPARTME T ~2. Jam R. Troyer, AICP Planning Director JT:TV/ds Attachments: Exhibit A -City Council Staff Report, dated March _4, 2009 _ _ - -- Ezhibif B =-Floor Plan --~ - Exhibit C -Memorandum from Joe Cusimano dated June 30, 2009 Draft Resolution overturning the Planning Commission's Revocation of Conditional Use Permit CUP87-06 STAFF REPORT PL.~NNING DEP.~IRTMENT Date: March 4, 2009 P218 RANCHO CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: James R. Troyer, AICP, Planning Director By: Tabe van der Zwaag, Associate Planner Subject: CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION 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 974019th Street - APN: 1076-011-10. Related File: Entertainment Permit 89-04R. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION FOR THE REVOCATION OF ENTERTAINMENT PERMIT 89-04R -PEPPER'S MEXICAN 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. RECOMMENDATION: Staff recommends Commission's revocation of Conditional Use EP89-04, and deny the applicant's appeal. that the City Council uphold the Planning Permit CUP87-06 and Entertainment Permit BACKGROUND: The applicant's appeal was originally scheduled for the January 21, 2009 City Council meeting. The appeal was continued until the March 4, 2009 meeting due to a scheduling conflict with the City Attorney. UPDATE: Since the Planning Commission hearing of October 22, 2008, the applicant has corrected a number of outstanding deficiencies in which Pepper's Mexican Restaurant was in violation of City regulations, as well as Conditional Use Permit CUP87-06 and Entertainment Permit EP89-04. Corrections made by the applicant include: 1-FIoorPlan-- The-applicant-has removed the-high bartables-and barstools-from-the dining room and replaced them with dining tables and chairs. Hours of Operation -Periodic Police Department visual inspections have found that the applicant has mostly limited the hours of operation to those approved by the Conditional Use Permit which are from 11:00 a.m. to 11:00 p.m. As noted in the December 3, 2008 City Council Staff Report, the Rancho Cucamonga Police Department did an undercover compliance October 31, 2008, and found that they 11:00 p.m. The Police Department has no that date. and there have been no addition attributable to the business. check at the applicant's business on were open and serving alcohol after t done another compliance check since al calls-for-service by the police directly P219 CITY COUNCIL STAFF REPORT CUP87-06R AND EP89-04R -PEPPER'S MEXICAN RESTAURANT March 4, 2009 Page 2 3. Business License -The Planning Department has approved a business license for a restaurant and the applicant has paid delinquent fees. 4. Entertainment -The applicant has informed staff that Pepper's Mexican Restaurant no longer offers entertainment in the form of live music or a disc jockey. The California Department of Alcoholic Beverage Control (ABC) is in the process of reviewing the applicant's Type 47 liquor license (On-Sale General for Bona Fide Public Eating Place) in response to their compliance check on August 8, 2008, and the large number of calls-for-service to Pepper's by the Rancho Cucamonga Police Department. Staff has been informed by ABC that a report is in the process of being written that will result in possible action against the applicant's liquor license. Staff visited Pepper's on January 27, 2009, and found that they were out of compliance with the approved Conditional Use Permit (CUP 87-06). Staff counted 11 video games (approximately 9 were newly installed), which is 8 over the maximum permitted without being considered an arcade as defined in Section 17.10.030 of the Development Code. A Conditional Use Permit is required to operate an arcade within the Neighborhood Commercial District. A letter dated February 4, 2009 was sent to the applicant requiring the reduction of video games to a maximum of three games. On February 24, 2009 Staff visited the site and verified that the additional video games have been removed and only three remain. Conclusion: Staff continues to believe that the Planning Commission's revocation of the applicant's Conditional Use Permit and Entertainment Permit is justified. Staff concludes that while Pepper's serves food, the atmosphere is more in keeping with that of a sports bar rather than a restaurant. There are a large number of beer advertising signs on all of the walls, electronic dart boards and a number of wall-mounted televisions. Pepper's Mexican Restaurant is located within the Neighborhood Commercial District which permits restaurants to sell distilled spirits with a Conditional Use Permit, but does not permit stand alone bars. Upholding the Planning Commission's revocation of the applicant's Conditional Use Permit will result in the applicant being able to continue operating the business as a restaurant that is permitted to serve beer and wine (depending on results of the ABC disciplinary hearing which may result in revocation of the applicant's alcohol license). The only changes will be -that P_eppera_Mexican_Restaurant will not_be_permitted_to_sell_distilled spirits._Staff_believes that the elimination of the applicant's ability to serve distilled spirits will move Pepper's closer to operating as a restaurant and reduces the potential need for future police intervention. The Planning Commission Staff report of October 22, 2008 details each of Pepper's City Code violations. In closing, revocation of the applicant's Conditional Use Permit and Entertainment Permit will help ensure that the business operates in compliance with all city regulations and reduces their dependence on City services. Staff believes that by eliminating the applicant's ability to sell distilled spirits there will be a greater likelihood that they will operate as a restaurant as intended by their Conditions of Approval. P220 CITY COUNCIL STAFF REPORT CUP87-06R AND EP89-04R-PEPPER'S MEXICAN RESTAURANT March 4, 2009 Page 3 Respectfully submitted, ~. Jame .Troyer, AICP Planning Director JT:TV/ds Attachments: Exhibit A -City Council Staff Report dated January 21, 2009 Exhibit B -City Council Staff Report dated December 3, 2008 Exhibit C -Planning Commission Staff Report dated October 22, 2008 Exhibit D -Signed Planning Commission Resolutions OS-60 and 08-61 Exhibit E -Approved Planning Commission Minutes dated October 22, 2008 Exhibit F -Appellant's Letter of Appeal dated November 3, 2008 Exhibit G -Letter from the Law Offices of Bruce Allen dated November 19, 2008 Exhibit H - Letter to Applicant regarding video games dated February 3, 2009 Draft Resolution Upholding the Planning Commission's- Revocation of Conditional Use Permit CUP87-06 Draft Resolution Upholding the Planning Commission's Revocation o1 Entertainment Permit EP89-04 P221 STAFF REPORT l {' PLANNING DEPARTMENT RANCHO C,UCAMONGA Date: January 21, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: James R. Troyer, AICP, Planning Director By: Tabe van der Zwaag, Associate Planner Subject: CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION 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. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION FOR THE REVOCATION OF ENTERTAINMENT PERMIT 89-04R - PEPPER'S MEXICAN 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. RECOMMENDATION: Staff recommends that the City Council uphold the Planning Commission's revocation of Conditional Use Permit EP87-06, and Entertainment Permit EP89-04 and deny the applicant's appeal. BACKGROUND: On November 20, 2008 staff received a letter from the applicant's attorney, D. LaBruce Allen, requesting that the hearing for Conditional Use Permit CUP87-06R and Entertainment Permit EP89-04R be continued from the December 3, 2008 City Council meeting to the City Council meeting on January 21, 2009. The continuance was requested in order to give the applicant's attorney time to review and prepare for the City Council hearing. Since the Planning Commission staff report on October 22, 2008, the applicant has applied for and the Planning Department has approved a business license for a restaurant and the applicant has paid all back fees. Beyond this change, staff has not received any additionaFinformation-regarding the-appealand-does not wish-to-make any additional changes to the original Staff Report dated December 3, 2008. Respectfully submitted,. James R. Troyer, AICP Plarwfiing Director JT:TV/ds/Is J., ~--~ E~ ~ I ~ iT A ~J,ac~ rr ~ ~: ~- P222 CITY COUNCIL STAFF REPORT CUP87-06R AND EP89-04R-PEPPER'S MEXICAN RESTAURANT January 21, 2009 Page 2 Attachments: Exhibit A -City Council Staff Report dated December 3, 2008 Exhibit B -Planning Commission Staff Report dated October 22, 2008 Exhibit C -Signed Planning Commission Resolutions 08-60 and 08-61 Exhibit D -Approved Planning Commission Minutes dated October 22, 2008 Exhibit E -Appellant's Letter of Appeal dated November 3, 2008 Exhibit F -Letter from the Law Offices of Bruce Allen dated November 19, 2008 Draft Resolution Upholding the Planning Commission's Revocation of Conditional Use Permit CUP87-06 Draft Resolution Upholding the Planning Commission's Revocation of Entertainment Permit EP89-04 P223 STAFF REPORT PLANNING DEPARTMENT Date: December 3, 2008 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: James R. Troyer, AICP, Planning Director By: Tabe van der Zwaag, Associate Planner RANCHO C,,UCAMONGA Subject: CONSIDERATION OF_ AN APPEAL OF A PLANNING COMMISSSION DECISION FOR THE REVOCATION OF CONDITIONAL USE PERMIT 87-O6R -PEPPER'S MEXICAN RESTAURANT - To consider revocation of a Conditional Use Permit for the serving of alcoholic beverages in conjunction with a restaurant use, located at 9740 19th Street -APN: 1076-011-10. Related File: Entertainment Permit 89-04R. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSSION DECISION FOR THE REVOCATION OF ENTERTAINMENT PERMIT 89-04R - PEPPER'S MEXICAN 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. RECOMMENDATION: Staff recommends that the Council approve the applicant's attorney's written request to continue this item to the January 21, 2009, City Council meeting. Staff also recommends that the public hearing be opened in order to allow for anyone unable to attend the rescheduled meeting to voice their opinion regarding the subject matter. BACKGROUND: On October 22, 2008, the Planning Commission approved the revocation of Pepper's Mexican Restaurant's Conditional Use Permit and Entertainment Permit. The applicant appealed the Planning Commission's decision on November 3, 2008. In their letter of appeal, the applicant outlined their intention to operate Pepper's Mexican Restaurant in conformance with the conditions described in the existing Conditional Use Permit and Entertainment Permit, including ceasing the sale of alcohol after 11:00 p.m. ANALYSIS: Staff recommended denial to the Planning Commission at its regularly scheduled meeting on October 22, 2008, for the following reasons: Pepper's Mexican Restaurant is located within the Neighborhood Commercial District which only permits bars or cocktail lounges when they operate in conjunction with a restaurant and always requires a Conditional Use Permit for the sale of distilled spirits. Pepper's Mexican Restaurant is in violation of the Municipal Code, the Development Code, the approved Conditions of Approval outlined in the Conditional Use Permit, and the approved Entertainment Permit for the following reasons: a. Their floor plan is more indicative of a bar rather than a restaurant and is in violation of the floor plan approved under the Entertainment. Permit. ~ ` ~. V~UuCr1n 1 ~~~. P224 CITY COUNCIL STAFF REPORT CUP87-06R AND EP89-04R-PEPPER'S MEXICAN RESTAURANT December 3, 2008 Page 2 b. The Conditional Use Permit requires that the service of alcohol must be in conjunction with a restaurant and with the availability of a full menu. Additionally, it stipulates that the service of alcoholic beverages must cease when the full menu is not available to customers and limits the hours that the bar may operate to, for example, between 11:00 a.m. and 11:00 p.m. The applicant is offering the sale of alcoholic beverages after 11:00 p.m. c. The Entertainment Permit limits entertainment to a live band with up to four members and dancing. They are currently offering music provided by a disk jockey (DJ) and have table top video games. Any intensification of the type or quantity of entertainment being offered is grounds for revocation of the permit fee. d. The Municipal Code (Section 5.12.115) requires that all holders of an Entertainment Permit must file and pay a yearly renewal permit fee. The applicant has not filed a renewal for the years of 2007 or 2008. e. The Municipal Code requires that businesses have a valid business license and . that they pay business license taxes. Pepper's Mexican Restaurant has not had a valid business license or paid their license taxes since January 1, 2005. - 2. The Rancho Cucamonga Police Department made 42 calls-for-service for the year 2007 and 43 calls-for-service for the year 2008 (up to the month of June) and the Rancho Cucamonga Fire Department made 26 calls-for-service for 2007 through June 2008. Just prior to the Planning Commission meeting on October 22, 2008, the Police Department reported that they made an additional 18 calls to the site for the months of July through the second week of October. These calls-for-service included physical assaults, the serving of intoxicated persons, and public drunkenness. 3. Pepper's Mexican Restaurant is in violation of the provisions outlined in the Development Code which require that they operate in a way that is not detrimental to the public health, safety or welfare and/or are materially injurious to properties in the vicinity. With the large number of Police Department and Fire Department calls-for-service to the business over the last two years, one can only conclude that their business is detrimentally affecting the safety and welfare of the residents living in the surrounding neighborhood and of the business owners and customers of the commercial center-in-which-they-are-located-Moreover,-the extensive calls-for-service are a drain on the City's budget and divert valuable City resources away from other residents and businesses that may need them. CORRESPONDENCE: Notice of this item was legally published in the Inland Vallev Dailv Bulletin. Property owners within a 660-foot radius of the property were mailed notices and the property was posted. On Ndvember 19, 2008, a letter was received from the Law Offices of Bruce Allen (Exhibit E) requesting a continuance of the hearing to either the City Council meeting of January 14, 2009 or January 21, 2009 because of a scheduling conflict and for additional time to prepare their case. P225 CITY COUNCIL STAFF REPORT CUP87-06R AND EP89-04R-PEPPER'S MEXICAN RESTAURANT December 3, 2008 Page 3 CONCLUSION: It is staffs judgment that the extensive number of violations detailed above and in the Planning Commission Staff Report dated October 22, 2008, can not be mitigated with the addition of new Conditions of Approval to the existing Conditional Use Permit or through the modification of the types of entertainment permitted by the Entertainment Permit. Additionally, on Thursday October 30, 2008, the Rancho Cucamonga Police Department did an undercover compliance check at Pepper's Mexican Restaurant to verify conformity with the approved Conditional Use Permit. The undercover operation resulted in the Police citing the bartender and restaurant owner for violating Pepper's Mexican Restaurant's Conditional Use Permit by selling alcohol after 11:00 p.m. and arresting three restaurant patrons for being intoxicated in public. Taken together, staff believes that the revocation of Pepper's Mexican Restaurant's Conditional Use Permit and Entertainment Permit is not only justified, but is necessary to protect the health safety and welfare of the City's residents. Respectfully submitted, - ~~~ Ja R. Troyer, AICP Pla ing Director JT:TV/ge Attachments: Exhibit A -Planning Commission Staff Report dated October 22, 2008 Exhibit B -Signed Planning Commission Resolutions 08-60 and OS-61 Exhibit C -Approved Planning Commission Minutes dated October 22, 2008 Exhibit D -Appellant's Letter of Appeal dated November 3, 2008 Exhibit E -Letter from the Law Offices of Bruce Allen dated November 19, 2008 Draft Resolution to Uphold the Planning Commission's Revocation of Conditional Use Permit CUP87-06 Draft Resolution to Uphold the Planning Commission's Revocation of Entertainment Permit EP89-04 P226 ~~, . ~ ~. ~* ~ ~' ,; „ ~,~ ` ~:,. T H E C I T Y O F RANCHO C O C A M O N G A Staff Report DATE: October 22, 2008 TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Tabe van der Zwaag, Associate Planner SUBJECT: REVOCATION OF ENTERTAINMENT PERMIT 89-04R -PEPPER'S MEXICAN 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: Entertainment Permit 87-06R. REVOCATION OF CONDITIONAL USE PERMIT 87-06R -PEPPER'S MEXICAN RESTAURANT - To consider revocation of a Conditional Use Permit for the serving of alcoholic Beverages in conjunction with a restaurant use, located at 9740 19th Street -APN: 1076-011-10. Related File: Entertainment Permit 89-04R. BACKGROUND: On August 8, 2008, deputies from the Rancho Cucamonga Police Department, along with the Alcohol Beverage Control (ABC), conducted an ABC compliance check of multiple bars in the City including Pepper's Mexican Restaurant. The compliance check resulted in one patron's arrest for public intoxication, the bartender being cited for serving alcohol to an intoxicated person, and' Pepper's manager being cited for having an expired business license. The Police Department contacted the City and informed them of the results of the compliance check including Pepper's expired business license and the extensive history of police calls-for-service to the business. The City sent the applicant a letter requiring that Pepper's Mexican Restaurant bring their business license current and pay back fees. The applicant brought the business license application form to the Planning Department for zoning compliance verification. The application listed-the_business.name-as-P-epper's Sports-Bar-and-described-the-business as-being a sports bar and grill with live entertainment and televised sporting events. The Planning Department staff sent the applicant a letter on August 14, 2008, (Exhibit A) informing him that a sports bar is not permitted in the Neighborhood Commercial District and that the approved Conditional Use Permit for the location was for a restaurant with a bar. The applicant was advised in the letter to cease the sports bar use within 10 days from the date on the letter. The applicant contacted Planning Department staff and informed them that they were in the process of reopening the restaurant's kitchen and that they would remove the "Sports Bar" sign. Staff visited the site a few weeks later and found that the applicant had removed the "Sports Bar" sign and that the kitchen appeared to be in operation, but that the floor plan for the dining P227 PLANNING COMMISSION STAFF REPORT CUP86-07 and EP89-04 -PEPPER'S MEXICAN RESTAURANT October 22, 2008 Page 2 room was no longer in compliance with the approved entertainment permit. Instead, the dining room had a layout that is more commonly found in a spprts bar, including a low bar table around the dance floor with table top video games facing a large screen television, high bar tables and chairs and small cocktail tables. Staff researched the improvements and found that the improvements were never reviewed by the Planning Department. A follow up letter was sent to the applicant on September 17, 2008, (Exhibit B), informing him that staff had visited the business and found that Pepper's Mexican Restaurant was in violation with the approved Conditional Use Permit (CUP87-10) and the approved Entertainment Permit (EP90-36). The applicant was given 30 days to bring the business back into compliance with the approved entitlements and listed a series of changes that were required to gain compliance. On September 24, 2008, a detective from the Rancho Cucamonga Police Department came to the Planning Department and delivered a report compiling all the calls-for-service that the Police Department and the Rancho Cucamonga Fire Department have made to the site. This includes 42 calls-for-service for the year 2007 and 43 calls-for-service far the year 2008 (up to the month of June) by the Police Department and 26 calls-for-service for 2007 through June 2008 by the Fire Department. Included for review is a letter written by Sergeant Jeffrey Notaro of the Rancho Cucamonga Police Department summarizing the results of their investigation (Exhibit C). Also included is a pie chart breaking down the types of calls-for-service to the location for 2007 and 2008 (Exhibit D). Because of the large number of calls-for-service and the applicant's lack of compliance with the approved entitlements, staff scheduled a public hearing for the Planning Commission to consider the revocation of the applicant's Conditional Use Permit and Entertainment Permit. Planning Department Entitlements: On March 10, 1987, the Planning Commission approved Conditional Use Permit CUP87-06 (Resolution 87-70) (Exhibit E) permitting Amici's Pizza N Stuff Restaurant to expand their existing restaurant by 900 square feet (for a total 3,700 square feet) and to serve alcoholic beverages. The Conditions of Approval limited the service of alcoholic beverages to be between the hours of 11:00 a.m. and 11:00 p.m. and required that a full menu be provided when alcoholic beverages were served. On March 28, 1990, the Planning Commission approved Entertainment Permit EP89-04, Resolution 90-36, (Exhibit F), allowing Pepper's Mexican Restaurant to have live entertainment from Tuesday through Saturday, between the hours of 8:30 p.m. and 1:00 a.m. Permitted entertainment was limited to a "single musician or small combo (3-4 piece) to play jazz or soft _ -pop music." They were also permitted to allow dancing on a dance floor not to exceed 146 square feet. The approval stipulated that any intensification or type of entertainment would require the modification of the Entertainment Permit. Entertainment Permits are required to be renewed on a yearly basis. The last renewal on file for Pepper's Mexican Restaurant was for the year 2006. ANALYSIS: The premise of a Conditional Use Permit is to create the flexibility necessary to achieve the objectives of the Development Code and the General Plan, while at the same time allowing uses whose unique operating characteristics requiring special consideration in order to operate in a manner that is compatible with the surrounding uses and to mitigate any potentially adverse impacts. The Conditional Use Permit sets forth Conditions of Approval judged P228 PLANNING COMMISSION STAFF REPORT CUP86-07 and EP89-04 -PEPPER'S MEXICAN RESTAURANT October 22, 2008 Page 3 necessary in order to meet the goals set forth in the Development Code for the district in which the business operates. Once approved, the Planning Commission has the authority to review a Conditional Use Permit at any time in the future in order to verify that the business is in compliance with the Conditions of Approval set forth in the Conditional Use Permit and that its operation is not detrimental to the public health, safety or welfare or materially injurious to the other properties in the vicinity. If the Planning Commission finds that the use violates the Conditions of Approval or is detrimental to the other property owners in the vicinity, and that modifications are not available to mitigate the impacts, the Commission has the authority to revoke the Conditional Use Permit, which will require the business to cease and desist the use in the time allotted by the Commission. Following the revocation of the Conditional Use Permit, no application for a Conditional Use Permit for the same or substantially the same use on the same site may be filed within one year of the date of the revocation. Pepper's Mexican Restaurant is located within the Neighborhood Commercial District which only permits bars or cocktail lounges when they are operated in conjunction with a restaurant and always requires a Conditional Use Permit for the sale of distilled spirits. Pepper's Mexican Restaurant is in violation of the Municipal Code, the Development Code, the approved Conditions of Approval outlined in the Conditional Use Permit and the approved Entertainment Permit for the following reasons: The current floor plan is more indicative of a bar rather than a restaurant and is in violation of the floor plan approved under the Entertainment Permit. 2. The Conditional Use Permit requires that the service of alcohol must be in conjunction with a restaurant and with the availability of a full menu. Additionally, it stipulates that the service of alcoholic beverages must cease when the full menu is not available to customers and limits the hours that the bar may be operated which is between 11:00 a. m. and 11:00 p.m. According to the applicant and police reports, the applicant is offering the sale of alcoholic beverages after 11:00 p.m. 3. The Entertainment Permit limits entertainment to a live band with up to four members and dancing. They are currently offering music provided by a disk jockey (DJ) and have table top video games. Any intensification of the type or quantity of entertainment being offered is grounds for revocation of the Entertainment Permit. 4. The Municipal Code (Section 6.12.115) requires that all holders of an Entertainment Permit must file and pay a yearly renewal of their Entertainment Permit. The applicant has not filed a renewal for the years 2007 or 2008. 5. The Municipal Code requires that businesses have a valid business license and that they pay business license taxes. Pepper's Mexican Restaurant has not had a valid business license orpaid their license taxes since January 1, 2005. In addition to the above violations, Pepper's Mexican Restaurant is in violation of the provisions outlined in the Development Code which require that they operate in a way that is not detrimental to the public health, safety or welfare and/or are materially injurious to properties in the vicinity. With the large number of Police Department and Fire Department calls-for-service P229 PLANNING COMMISSION STAFF REPORT CUP86-07 and EP89-04 -PEPPER'S MEXICAN RESTAURANT October 22, 2008 Page 4 to the business over the last two years, one can only conclude that their business is detrimentally affecting the safety and welfare of the residents living in the surrounding neighborhood and of the business owners and customers of the commercial center in which they are located. Moreover, the extensive calls-for service are a drain on the City's budget and divert valuable City resources away from other residents and businesses that may need them. In conclusion, it is staff's judgment that the extensive number of violations outlined in this report can not be mitigated with the addition of new Conditions of Approval to the existing Conditional Use Permit or through the modification of the types of entertainment permitted by the Entertainment Permit. Additionally, the data provided by the Sheriff's Department shows that calls-for-service for the year 2008 (43 as of June 2008) are on track to greatly surpass the already large number of calls in 2007 (42). Taken together, staff believes that the revocation of Pepper's Mexican Restaurant's Conditional Use Permit and Entertainment Permit is not only justified, but is necessary to protect the health safety and welfare of the City's residents. Environmental Assessment: The 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 21 exemption under State CEQA Guidelines Section 15321 which covers actions by regulatory agencies including the revocation of entitlements adopted by the regulatory agency. Because the action is to deny an existing Conditional Use permit and Entertainment Permit because of violations of the agency's regulations and of the approved Conditions of Approval and that no construction is proposed, staff finds that there is no substantial evidence that the revocation may have a significant effect on the environment. RECOMMENDATION: Staff recommends that the Planning Commission approve the revocation of Conditional Use Permit CUP87-06 and Entertainment Permit EP89-04 by adoption of the attached Resolutions of Revocation. Respectfully submitted, Ja s R. Troyer, AICP Planning Director JT:TV/ge Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Resolutio - Letter to Applicant dated August 14, 2008 - Letter to Applicant dated September 17, 2008 - Letter from the Rancho Cucamonga Police Department - Pie Charts Summarizing Calls-for-Service for 2007 and 2008 - Conditional Use Permit CUP87-06 (Resolution 87-70) - Entertainment Permit EP89-04 (Resolution 90-36) ns of Revocation for CUP87-06 and EP-89-04 ~~ ;~, ~ !~ DONALD J. KuRTH, MP230 Mayor Pro Trm L.~DENNIS MICHAEL Caunailmcmbers Rnc GLTIIERREZ SAM SPAGNOLO DIANE W[LLIAMs City Manage THE CITY OF RANCHO CUCAMONGA JACK I,AM, AICP RANCHO CUCAMONGA August 14, 2008 Frank Frias 9754 Balaton Street Rancho Cucamonga, CA 91737 Dear Mr. Frias: The. Planning Department has received your application fora Business License (location 9740 19t Street). Af this time the application cannot be approved by the Planning Department for the following reason: The proposed activity (Sports Bar) is not permitted in the Neighborhood Commercial Zone. For reference purposes, a Conditional Use Permit for a restaurant with a bar was previously approved per the attached resolutions: however, the current use is not in compliance and must cease immediately. Please cease the Sports Bar use within 10 days from the date of this letter. If compliance is not received by that time, the Planning Department will forward the matter to the Code Enforcement Division for compliance processing and may include forwarding the matter to the City prosecutor. If you have any questions or need further assistance, please feel free to contact this office at (909) 477-2750. Sincerely, (I1 ~~~ -- Corkran-N ~ollso~~ Assistant Planning Director Attachment: Resolutions of Approval C: Business Licenses Code Enforcement CA Department of Alcoholic Beverage Control ~~ ~ ~ ~ ~ ~ 07 • Rancho Cucamonga, CA 91729-0807 • Tel 909-477-2700 • Faz 909-477-2849 • www.ciryofrcus PC l b ~3-o~~c ~ 3 ~a ~~ ,~ 3® THE CITY OF RANCHO CUCAMONGA ...,, DONALD J. KURTH, M.D. Mayor Pro zP231 L. DENNIS MICHAEL Counalmrmbrm REx GUTIERREZ SAM $PAGNOLO DIANE WILLIAMS City Manager JACK LAna, AICP RANCHO C,'UCAMONGA September 17, 2008 Frank Frias 9754 Balaton Street Rancho Cucamonga, CA 91737 SUBJECT: ENTERTAINMENT PERMIT #89-04 AND CONDITIONAL USE PERMIT #87-06 FOR PEPPER'S RESTAURANT LOCATED AT 9740 19TH STREET Dear Mr. Frias: This letter is a follow-up to our earlier communications regarding the operation of Pepper's Restaurant. As was previously discussed, Pepper's Restaurant must operate in conformance with the conditions outlined in Resolution Numbers 87-70 and 90-36 (see attached) and the regulations outlined in the Development Code pertaining to businesses located in the Neighborhood Commercial (NC) District. Staff visited your business and found that it is not in complian Development Code. Conditional Use Permit #87-06 permits ~ conjunction with asit-down restaurant that serves a full menu, permits the restaurant to have live entertainment including a band floor not to exceed 146 square feet. The Development Code only in conjunction with asit-down restaurant (full-table service). ~e with the approved permits or the you to serve alcoholic beverages in and Entertainment Permit #EP89-04 with up to four members and a dance permits bars when they are operated Staff's visit found that the dining room has been converted into a bar area. The approved dance floor is now surrounded by a low bar table with table top video .games facing a large screen television. Additionally, the reception area and booths have been replaced with high tables along one wall and a long bench seat with small tables along another wall. This floor plan is not in compliance with the approved Entertainment Permit (see enclosed) or with the common layout of a sit-down restaurant. To regain compliance with the originally approved permits, the following changes must be made: Return the floor plan to that approved under Entertainment Permit EP89-04. This includes providing areception/waiting area and an eating area with booths and low tables. 2 Provide table service with a full menu at all times that the business is open. Remove the bar surrounding the dance floor, the video games, large screen television and, all high tables from the dining area. 4. Limit the entertainment to a live band with up to four members playing jazz or soft pop music. Music provided by a disk jockey is not permitted under the current Entertainment Permit. The maximum hours that alcoholic beverages may be served are, between the hours of 11:00 a.m. and 11:00 p.m. 6. Remove the alcohol advertising signs from the windows. 1000 Civic Cenccr Dc • I'.O. Bnx 30i • Rancho Cucamonga, CA 917_'9-0307 • Tel 909-477-'_700 • Pnc 909-477-2349 • vnvw.cicvofrcus FRANK FRIAS EP69-04 AND CUP87-06 -PEPPER'S RESTAURANT September 18, 2008 Page 2 P232 The above changes must take place within 30 days of this letter. If compliance in not obtained by that time, the Planning Department will begin the revocation process of your Conditional Use Permit and Entertainment Permit. If you have any questions or need further assistance, please feel free to contact at (909) 477-2750, Monday through Thursday from 7:00 a.m. to 6:00 p.m. Sincerely, ~~~ ~. ~-~ Corkran W. Nicholson Assistant Planning Director c: Business Licenses Kurt Keating, Code Enforcement California Department of Alcoholic Beverage Control R A N C H O C U C A M O N G ,q P233 To: James Troyer, Planning Director City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, Ca 91730 On August 8, 2008, deputies from the San Bernardino Sheriff's Department, along with a combined effort from ABC (Alcohol Beverage Control) conducted an ABC compliance check in the city of Rancho Cucamonga. The team inspected approximately eight locations throughout the city of Rancho Cucamonga, which included the following: Yard House, Buffalo Wild Wings, Peppers Bar, Knockers Bar, Mc Alan's, Dean's of Cucamonga, Gilbertos, and Hide-a-While. Approximately eight subjects were arrested for various crimes. Peppers Bar was cited for B&P 25602(a) (Sales to Intoxicated Person), PC 647(f) (Public Intoxication), and the on-site managerwas cited for violation RCMC 5.04.030 (Licenses Required) after the business was identified as having a business license expired on 08/31/05. After reviewing previous calls for service, the biggest problem found is the violence that ensues at Peppers Bar. These violent acts pose a threat to the public and to law enforcement. The number of calls for service and the types of calls being handled illustrates the necessity that Peppers Bar be identified as a nuisance establishment in the city of Rancho Cucamonga. The following data shows the calls for service for 2007 and January through June of 2008 for Rancho Cucamonga Police Department. -January through December 2007: Total calls for service - 42 -January through June 2008: Total calls for service - 43 Calls for service were gathered from the Rancho Cucamonga Fire Department related to the following types of medical responses: assaults, medical aids, and unknown medical problems. The data was collected from actual calls to Peppers Bar located at 9740 19t" Street and calls for service to the area of Archibald Avenue / 19t" Street. -2007 through 2008: Total calls for service - 26 If you have any questions, please contact me at (909) 477-2865, Tuesday through Friday, between 9:00 a.m. and 7:00 p.m. Sincerely, _ _ `i MET Divi h- ergeant Jeffrey Notaro Rancho Cucamonga Police Department rv, Rnnclio CUCAAfONGA Ln~~~ ~,~<.~~ ~~ ~ ~ ~ ~~ ~ RANCHO CUCAMONGA, CA 91 i 3D • (909) 477-2800 • FAX (909) 477-2863 4~C (.D aa-og f r .~ ~- :.l -o~, i ~` ~n .~ N ~ II '~ ~ O ~ ~ Q ctc ~ d N .~ ® '~ ~ ~ ~ 'Q y V ~ ~ . V yO A A I\ O ' O ~ CV ~ ~ ~ ~ ~ ~ ~ ''~ ~ ` ~ ~ (,~ (Q ~ U ~~~O~I~ D ~. ~o ' ~ . 0 Ln m a 0 a 0 ~ = N N y ~ ~ ~ N Q L L ~ ~ '' V ~_ ` _~ O ~ ~ ~ ~ G1 N y d ~ ~ ~ n- = N r a~ L Q = O L a ~ = L ~ O ~ ~ N m ~ O ~ O ~ , N ~ N ~ N N V V V O N ~ N M r o ^ ^ ^ ^ •~ .~ M II L Q ~ ~ '~ ~ .i ~ ~ ~ ~ ~ ~ ~ ' ~ Q @ .~ > 1 y ~ ~ ~ o U ,A p ,C) O L ~ ~ ~ ~ ~ V ~ > ' Q ` ~ _ ~ (~ ~ Y.r c V ,o 0 LCD 0 a 0 a 0 J t/1 =~ ~ ~ O v ~ F- ~ ~ N N ~ ~ ~ L C L ~ ~ Q (Q '^ V O N ~ ~ ~ N ~ V ~ ~ ~ '' L d d ~ ~ ~ i C L y ~ a Y ~ Q C ~ 7 0 1 m ~ L v N ~ ~ ~ N N N _ v v as co ~ ~, ~ ~ ~ ~ r to M ~- r ' RESOLUTION N0. 87-70 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT N0. 87-06 FOR THE SERVING OF ALCOHOLIC .BEVERAGES IN CONJUNCTION WITH AMICI'S PIZZA N STUFF RESTAURANT LOCATED AT 9740 19TH STREET IN THE NEIGHBORHOOD COMMERCIAL DISTRICT - APN: 202-271-57 WHEREAS, on the 10th day of March, 1987, a complete application was filed by Rancho Cucamonga Realty Properties II, Ltd. for review of the above- described project; and WHEREAS, on the 13th day of May, 1987, the Rancho Cucamonga Planning Commission held a public hearing to consider the above-described project. follows: NOW, THEREFORE, the Rancho Cucamonga Planning Commission resolved as SECTION_1: That the following findings can be met: 1. That 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. 2. That 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. 3. That the proposed use complies with each of the applicable provisions of the Development Code. SECTION 2: .That this project will not create adverse impacts on the environment and that a Negative Declaration is issued on May 13th, 1987. SECTION 3: That Conditional Use Permit No. 87-06 is approved subject to the following conditions: 1. This approval shall apply to both the serving of alcoholic beverages and the 900 square foot expansion of the existing facility. 2. ,Approval of this request shall not waive compliance with all sections of the Development Code, all applicable City Ordinances, Foothill Fire District requirements and Public Health codes. 3. Any modification, expansion or other change in operation will require a revision to the Conditional Use Permit. P236 RESOLUTION N0. CUP 87-06 - Rancho Cucamonga Realty May 13, 1987 Page 2 4. All signage shall be designed in conformance with the Comprehensive Sign Ordinance and shall require review and approval by the Planning Division. 5. The serving of alcoholic beverages must be in conjunction with restaurant usage and the availability of full listed menu items. The sale and serving of alcoholic beverages shall cease when such menu items are not available to customers. 6. The Conditional Use Permit is granted for an indefinite time period. However, in the event that this use causes adverse effects on adjacent businesses or properties, the Commission may consider revisions or additions to any of the conditions stated hereon. 7. The bar in conjunction with restaurant usage may operate between the hours of 11:00 a.m. and 11:00 p.m. 8. Approval of the 900 square foot expansion is contingent upon preparation of a written agreement, assuring the continued availability of the number of stalls designated for joint use, as required by Development Code Section 17.12.040D.1. APPROVED AND ADOPTED THIS 13TH DAY OF MAY, 1987. PLAIdNI NG BY: ATTEST: ISSION OF THE CITY OF RANCHO CUCAMONGA ei, er, ~~~ 7 ` .~ irman ;~~_ l eputy 5ecre~,ary I, Brad Buller, Deputy Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly ahd 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 13th day of May, 1987, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, BLAKESLEY, EMERICK, MCNIEL, TOLSTOY P237 NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE . P238 RESOLUTION N0. 90-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MODIFICATION TO ENTERTAINMENT PERMIT 89-04 TO ADD ADDITIONAL NIGHTS AND EXTEND THE HOURS ALLOWED TO OPERATE AND CONDUCT ENTERTAINMENT WITHIN PEPPER'S MEXICAN RESTAURANT, LOCATED AT 9740 19TH STREET, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1076-011-10. A. Recitals. (i) On May 21, 1986, the City Council of the City of Rancho Cucamonga adopted Ordinance No. 290 providing for the regulation of entertainment. (ii) On August 15, 1989, Jeanne Bhatnagar filed for an application for the issuance of an Entertainment Permit (EP 89-04). (iii) On the 27th day of. September, 1989, the Rancho Cucamonga Planning Commission held a public hearing and approved the Entertainment Permit. (iv) On February 28, 1990, Jeanne Bhatnagar filed an application for a modification to Entertainment Permit 89-04. (v) On the 28th day of March, 1990, the Rancho Cucamonga Planning Commission held a public hearing to consider the above-described modification. (vi) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, the City of Ranchq Cucamonga Planning Commission resolves as follows: 1. This Commission hereby specifically finds that all the facts set forth in the recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced March 28, 1990 hearing, including written and oral staff reports, and the written, signed and verified application of the___ - applicant; together-with-pub Tic testimony, this Commission hereby specifically finds as follows: (a) The application applies to property located on the northeast corner of 19th Street and Archibald Avenue on a lot presently improved with structures and parking which constitute a Neighborhood Commercial Center; and EXHIBIT F PLANNING COMMISSIO' 3ESOLUTION N0. 90- 36 ' EP 89-04 - PEPPER 4EXICAN RESTAURANT MARCH 28, 1990 Page 2 P239 (b) The property to the north of the subject site is a vacant parcel, to-the south is a banking facility and a fast food restaurant, to the east is a Medium-High Residential use, and to the west is a vacant parcel and a Low-Medium Residential use.' (c) Pepper's Mexican Restaurant is a full service restaurant serving alcoholic beverages such as beer and wine. The proposed entertainment will be provided five nights a week, from Tuesday to Saturday evenings, from 8:30 p.m, to 1:00 a.m. All entertainment will be centrally located within the facility and no admission fee will be charged. Dancing will be permitted in a dance area which totals 146 square feet. 3. Based upon the substantial- evidence presented to this Commission during the above-referenced March 28, 1990 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 conduct of the establishment or the granting of the application would not be contrary to the public health, safety, morals, or welfare; and (b) That the premises or establishment are not likely to be operated in an illegal, improper, or disorderly manner; and (c) That the applicant had not has any approval, permit, or license issued in conjunction with the sale of alcohol or the provision of entertainment revoked within the preceding five years; and (d) That granting the application would not create a public nuisance; and (e) That the normal operation of the premises would not interfere with the peace and quiet of the surrounding Neighborhood Commercial Center; and (f) That the applicant has not made any false, misleading or fraudulent statement of material fact in the required application. 4. Based upon the findings and conclusions set forth in paragraphs 1,-2, and 3 above, this Commission hereby approves the application subject to the following conditions: (1) This approval is for a single musician or small combo (3-4 piece) to play jazz or soft pop music. Any change of intensity of type of entertainment shall require application for modification of this permit. (2) Dancing is permitted on a dance floor area which does not exceed 146 square feet. PLANNING COMMISSIOP' SOLUTION N0. 90-36 EP 89-04 - PEPPER'S ~XICAN RESTAURANT MARCH 28, 1990 Page 3 (3) If the operation of this Entertainment Permit causes any adverse effects upon adjacent businesses or operations, the Entertainment Permit shall be brought before the Planning Commission for the consideration and possible suspension or revocation of the permit. (4) When entertainment is being conducted, doors shall remain closed for noise attenuation purposes. (5) Hours of operation of the entertainment use shall be Tuesday through Saturday, from 8:30 p.m. to 1:00 a.m. (6) Entertainment shall be conducted inside the building unless written consent is obtained from all adjoining tenants in conjunction with the Temporary Use Permit application process. (1) Any signs proposed shall be designed in conformance with the Uniform Sign Program and the City's Sign Ordinance. P240 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF MARCH, 1990. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: arry~~Nlel , ~C1sa-~rman ATTEST: ', ~ecre I, Brad Buller, 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 28th day of March, 1990, by the following vote-to-wit: AYES: COMMISSIONERS: BLAKESLEY, CHITIEA, MCNIEL, TOLSTOY, WEINBERGER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ~~ ~~~ 1- ~ }}} ~ ~ ~ ~ ~ i ._ ~ ,~~ I. 1; I~ `mil ~ ~~~ ,~ ~~z ~ ~ I ~ ~ I ~( i ~~q ;; ~ ~ v 'p. f ~: I V 4p I ;w r 1_ • ~ ~ ~ ~~ ' ~, I I i ~~~ I II _ii I' 'MU~lG1ih.1 .. i ~~.. -'-' n.._-__ _ _ ._ ' ~ __ ,I I -. ~.. ... ~'. . -"~ DA rJ G E ~ ~'~ I ~ FL oorL, .~. i 4 ~- . I Co ~- ~ ~• -1 ~ -~ ~, ~ (~ i ~. ---, ~ ;. s~ i - ~~:.. - ,~a -- _ _ ~:~ r- i ''• ~ 1 I -- -'-, ~-- r, 4 i ^ ~. CITY OF RANCIHO CUCAMONGA ITEM: Modification to EP 89-04 PLANNING DIVISION '~7'[,E: Flonr elan EXHIBIT: B SCALE: N/A N P241 P242 RESOLUTION NO. 08-60 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REVOKING ENTERTAINMENT PERMIT NO. EP89-04, WHICH PERMITS ENTERTAINMENT IN CONJUNCTION WITH A RESTAURANT, LOCATED IN THE NEIGHBORHOOD COMMERCIAL DISTRICT AT 974019TH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1076-011-10. A. Recitals. 1. On May 21, 1986, the City Council of the City of Rancho Cucamonga adopted Ordinance No. 290 providing for the regulation of entertainment. 2. Pepper's Mexican Restaurant filed an application for the issuance of Entertainment Permit No. EP89-04, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit request is referred to as "the application." 3. On the 22nd day of October 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on October 22, 2008, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the existing restaurant and bar located in a commercial center at 9740 19th Street; b. The property to the north of the subject site is the I-210 Freeway; the properties to the south consist of existing single-family residences; the property to the east is an existing multi=family develdpment; and the property to the west is an existing multi-family development; and c. On August 8, 2008, deputies from the Rancho Cucamonga Police Department, along with the Alcohol Beverage Control (ABC), conducted an ABC compliance check of multiple bars in the City, including Pepper's Mexican Restaurant. The compliance check resulted in one patron being arrested for public intoxication, the bartender being cited for serving alcohol to an intoxicated person and Pepper's Mexican Restaurant manager being cited for having an expired business license. The Police Department contacted the City and informed them of the results of the compliance check including Pepper's expired business license and the extensive history of police calls-for-service to the business; and ~~~~~~ i PLANNING COMMISSION RESOLUTION NO. 08-60 EP89-04 -PEPPER'S MEXICAN RESTAURANT October 22, 2008 Page 2 d. The Development Code requires that businesses operate in a way that is not detrimental to the public health, safety or welfare and/or are materially injurious to properties in the vicinity. There have been more than 80 calls-for-service by the Police Department and Fire Department to the subject business over the last.two years; and e. The approved Entertainment Permit limits entertainment to a live band with up to four members and dancing. The business currently offers music provided by a disk jockey (DJ) and has table top video games in violation of the approved Entertainment Permit; and f. The existing Entertainment Permit prohibits the intensification of the type or quantity of entertainment without modification of the existing permit with failure to do so is grounds for revocation of the Entertainment Permit; and g. The Municipal Code (Section 5.12.115) requires that all holders of an Entertainment Permit must file and pay a yearly renewal of their Entertainment Permit. The applicant has not filed a renewal for the years 2007 or 2008; and h. The Municipal Code requires that all businesses have a valid business license and that they pay business license taxes. Pepper's Mexican Restaurant has not had a valid business license or paid their license taxes since January 1, 2005. 3. Based upon the substantial evidence presented to this Commission during the above-referericed 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 conduct of the establishment and the granting of the application has been contrary to the public health, safety, morals or welfare in that overthe last two years there have been extensive calls-for-service to the applicant's business for crimes including assaults and public drunkenness; and b. That the establishment has been operating in an illegal, improper, and disorderly manner in that the applicant has been operating the business without a business license and there have been have been extensive calls-for-service to the business by the Police Department; the applicant has violated the Conditions of Approval of the existing Entertainment Permit by offering entertainment not covered by that approval; and, the applicant has not renewed their entertainment permit on a yearly bases as required by the Municipal Code; and -- -c.That-granting the-application will-create a public nuisance in that the Police Department have made extensive calls-for-service to the site for criminal activity on both the inside and outside of the applicant's business. 4. The 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 21 exemption under State CEQA Guidelines Section 15321 which covers actions by regulatory agencies including the revocation of entitlements adopted by the regulatory agency. Since the action is to deny an existing Entertainment Permit because of violations of the agencies regulations and the approved Conditions of Approval, there is no substantial evidence that the revocation may have a significant effect on the environment. The P243 PLANNING COMMISSIC iESOLUTION N0.08-60 EP89-04 -PEPPER'S MEXICAN RESTAURANT October 22, 2008 Page 3 Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs with the staff's determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby revokes Entertainment Permit EP89-04. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 22ND DAY OF OCTOBER 2008. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA Richard B. Fletcher, Chairman ATTEST: ~ IL• Ja es R. Troyer, AICP, Secr tary 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 Cityof Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 22nd day of October 2008, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MUNOZ, WIMBERLY NOES: COMMISSIONERS: NONE P244 ABSENT: COMMISSIONERS: HOWDYSHELL ABSTAIN: COMMISSIONERS: STEWART P245 RESOLUTION NO. 08-61 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REVOKING CONDITIONAL USE PERMIT NO. CUP87-06 FOR THE SERVING OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH A RESTAURANT, LOCATED IN THE.NEIGHBORHOODCOMMERClAL DISTRICTAT 9740 19TH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 1076-011-10. A. Recitals. 1. Pepper's Mexican Restaurant filed an application for the issuance of Conditional Use Permit No. CUP87-O6, 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 22nd day of October 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals; Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on October 22, 2008, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the existing restaurant and bar located ih a commercial center at 9740 19th Street. b. The property to the north of the subject site is the I-210 Freeway; the properties to the south consists existing single-family residences; the property to the east is an existing multi-family development; and the property to the west is an existing multi-family development; and c. On August 8, 2008, deputies from the Rancho Cucamonga Police Department, along with the Alcohol Beverage Control (ABC), conducted an ABC compliance check of multiple --bars in the City,-including Pepper's-Mexican Restaurant-The compliance chedk resulted-in one - patron be arrested for public intoxication, the bartender being cited for serving alcohol to an intoxicated person and Pepper's Mexican Restaurant manager being cited for having an expired business license. The Police Department contacted the City and informed them of the results of the compliance check, including Pepper's Mexican Restaurant expired business license and the extensive history of police calls-for-service to the business; and d. The Rancho Cucamonga Police Department reports that they have made 42 calls-for-service for the year 2007 and 43 calls-for-service for the year 2008 (through the month of June). Additionally, Rancho Cucamonga Fire Department has made 26 calls-for-service to the site for the year 2007 through the month of June 2008. PLANNING COMMISSION riESOLUTION NO. 08-61 CUP87-06 -PEPPER'S MEXICAN RESTAURANT October 22, 2008 Page 2 e. The applicant's business is located within the Neighborhood Commercial District which only permits bars or cocktail lounges when they are operated in conjunction with a restaurant and always requires a Conditional Use Permit for the sale of distilled spirits. The approved Conditional Use Permit requires that the service of alcohol must be in conjunction with a restaurant and with the availability of a full menu. Additionally, it stipulates that the service of alcoholic beverages must cease when the full menu is not available to customers and limits the hours that the bar may be operated between 11:00 a.m. and 11 :00 p.m. The applicant is offering the sale of alcoholic beverages after 11:00 p.m. f. The current floor plan is more indicative of a bar rather than a restaurant and is in violation of the floor plan approved under the Entertainment Permit. g. The Municipal Code requires that businesses have a valid business license and that they pay business license taxes. Pepper's Mexican Restaurant has not had a valid business license or paid their license taxes since January 1, 2005. 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. The proposed use is not in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located in that a stand alone bar is not permitted in the Neighborhood Commercial District. The district was created to be a low intensity land use area designed to serve the day to day needs of the local residential neighborhoods surrounding the district. The use regulations for the Neighborhood Commercial District were designed with the goal of allowing businesses that attract a local rather than a regional clientele, such as restaurants with a small bar area rather than a stand alone bar. b. The proposed use, together with the conditions applicable thereto, will be detrimental to the public health, safety, or vyelfare or materially injurious to properties or improvements in the vicinity in that the City's Police Department and Fire Department have made extensive calls-for-service to the business over the last two years which is detrimentally affecting the safety and welfare of the residents living in the surrounding neighborhood and of the business owners and customers of the commercial center in which they are located. c. The proposed use does not comply with each of the applicable provisions of the Development Code in that the subject business has been converted from afull-service restaurant to a sports bar in violation of the Development Code which only permits bars within the Neighborhood Commercial District when they are operated in conjunction with afull-service restaurant. Additionally,-the applicant is selling alcoholic beverages after 11:00 p.m. in violation of the Conditions of Approval. 4. The 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 21 exemption under State CEQA Guidelines Section 15321 which covers actions by regulatory agencies including the revocation of entitlements adopted by the regulatory agency. Because the action is to deny an existing Conditional Use Permit because of violations of the agencies regulations and the approved Conditions of Approval, there is no substantial evidence that the revocation may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs with staff's determination of exemption. P246 PLANNING COMMISSION. ,iESOLUTION NO.08-61 CUP87-06 -PEPPER'S MEXICAN RESTAURANT October 22, 2008 Page 3 ' 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby revokes Conditional Use Permit CUP87-06. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 22ND DAY OF OCTOBER 2008. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ~~'~S`r~'~r/~ Richard B. Fletcher, Chairman ATTEST: 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 22nd day of October 2008, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: FLETCHER, MUNOZ, WIMBERLY NONE HOWDYSHELL P247 ABSTAIN:COMMISSIONERS: STEWART AYES: FLETCHER, MUNOZ ART, WIMBERLY NOES: NONE ABSENT: HO LL • w Commissioner Stewart recused herself from hearing Items G and H for reasons of possible conflict G. REVOCATION OF ENTERTAINMENT PERMIT 89-04R PEPPER'S MEXICAN 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: Entertainment Permit 87-06R H. REVOCATION OF CONDITIONAL USE PERMIT 87-06R - PEPPER'S MEXICAN RESTAURANT -To consider revocation of a Conditional Use Permitforthe serving of alcoholic Beverages in conjunction with a restaurant use, located at 9740 19th Street-APN: 1076-011- 10. Related File: Entertainment Permit 89-04R of interest Tabe van der Zwaag, Associate Planner, presented the staff report. He gave a brief history and chronology of events noting that numerous calls for service had occurred and that a new report from the Police Department had been received covering the time period of June 6 to October 21. He noted that there were more calls in the first 6 months of 2008 than for all of 2007. He highlighted the issues addressed in the staff report. He noted that the calls for service have continued even since the time of staffs visits to the site. He said the applicant has made some of the changes that staff has requested. He introduced the officer that had worked on the case. Deputy Alex Contieff stated he has been with the Police Department for 3 years and that he has experience in responding to calls for service to the location. He said he has been part of a special task force that deals with problems with bars in Rancho Cucamonga. He said the Sheriffs joined with the Alcoholic Beverage Control (ABC) and they did a compliance check on the business (and other similar businesses in Rancho Cucamonga), which resulted in a citation for serving alcohol to someone already intoxicated. He noted that several incidents were related to their bouncer(s) being involved in fights in that they would ask a patron to leave, and then the bouncer or another employee followed them out of the bar and instigated a fight or assaulted them, and sometimes were beaten to the point of unconsciousness. The officer noted 7 incidents of this type last year, and 5 this year and he noted that some incidents go unreported because victims do not want to be victims. He said there have been times where victims would come to the police station to make a report the following day and that the report is then difficult to follow up on because at that point, the details of the incident may be lost. He said recently since July of this year there have been 9 assaults, 1 DUI, 5 charges of drunkenness in public and 2 other incidents. P248 Chairman Fletcher commented that the business is being operated as a bar and it should not be -operatedas.a-bar._He.asked.ifahe-owner_is-on.the.premises.and if the bartender that.was.cited_was the owner. Officer Contieff indicated that he personally was not there when the ABC did the compliance check. Chairman Fletcher asked if the altercations were occurring with City residents or people from outside of the City. Officer Contieff stated that it has been a mixture, that some regular patrons are residents that have become good friends with the bouncers and other employees. He said sometimes the regular patrons join in the fight and then people scatter when the deputies arrive. He said people do not Planning Commission Minutes -6- October 22, 2008 EXHIBIT E " ~-~ ~~ P249 want to point fingers, but it becomes a vicious circle because some are frightened and do not want o make a report. He said it is a major problem to constantly respond to their calls for the PD, Fire and ambulance services. He said there have been multiple victims and thatthe problem has been going on for 3 years. Chairman Fletcher commented that when his wife has gone to the grocery store there late at night, she has observed motorcycles parked on the sidewalk. He asked if it is referred to as a "biker bar.." Officer Contieff stated that he does not classify the business as such. Chairman Fletcher opened the public hearing. Michael Patton stated he is the landlord and owner of the building. He said he was unaware of most of these issues. He thanked staff for their assistance. He said motorcycles on the sidewalk have been a big problem for 20 years along with skateboarders. Chairman Fletcher said the staff report indicates the business has been operating without a license for 3 years. He asked Mr. Patton if he would normally Pease to a tenant without seeing their business license. Mr. Patton stated the lease agreement is 29 pages and the businesses are obligated to comply with all.the laws. He said he normally leaves it to the business owner to comply with City rules. He admitted he should have asked to see the business license. Bonnie Mason stated she has been a resident since 1982 and a patron of Pepper's for many years. She said the business has a more mature aged clientele and that the owners are quick to handle situations and they ask problem customers to leave. She said they manage and are responsible neighbors and they made the requested changes to the business in only a couple of weeks. She noted the poor economy and resulting problems if there is an empty building and the business should be given a chance to comply. She said in the later evening hours, some patrons come in already intoxicated and that many incidents involve off-duty police officers. She said she believes there is a vendetta towards the business because some of the altercations involving the off-duty officers. Mark Michau stated he takes his family there, he thinks it is a nice environment and that he is the one with the motorcycle mentioned earlier. Jennifer Stafford said she has been employed there for 7 years and that she believes the number of fights have decreased. She said she never felt threatened in any way while there, that it is not like a club and no bandanas or "colors" are allowed. Jessica Larena said she is a resident and a bartender at Pepper's on the day shift. She said before the current owners took over she felt very uncomfortable there. She said it is now a safe place with family clientele. She said the owners treat the customers an_d employees with respect and __ ___ understanding. She said hey shift is from 11:00 a.m. - 6:30 p.m. Chairman Fletcher asked what the night shift is. Ms. Larena said she was not sure when the night shift ends but she thought that they were closing at 2:00 a.m. Robert Cruz said he has known the owners for many years. He said he frequently goes there. He said altercations are always taken outside. 'He said he has never seen friends jump in to the fight and he enjoys going there. He stated he has a motorcycle and he parks it on the sidewalk. Planning Commission Minutes -7- October 22, 2008 P250 Frank Frias stated he is one of the owners of Pepper's. He said he has been working with Mr. Nicholson and Tabe van der Zwaag regarding the problems. He produced before and after pictures of the business showing what they have done such as lowering the bar tables. He said when he purchased the business, he just followed what the previous owner did and he kept all the old employees; he tried to do everything the same. He said there were problems with the plumbing and AC but the kitchen has never been closed. He said they made alterations because of the plumbing problems by serving food in the bar area during the repairs and kept serving food. He said he did not know he had to have a permit to change tables and they just enhanced the business. He said he gets positive customer feedback and it is a family oriented business and his mom is the cook. He said he is a first time business owner and he and his partner attended the ABC class to help understand what they need to do. He said he has not done all things correctly. He said he has complied with all 6 items and they had been working on things prior to receiving the letter from staff. He produced a diagram and indicated that the dance floor is smaller and that they added a buffet table for a lunch special to promote the business. He said they are trying to comply and that they provide a full menu and they serve food until 11:00 p.m. and they close at midnight. Chairman Fletcher asked if they stay there to sober them up. Mr. Frias said they let them stay an hour to sober up, relax, enjoy their last drink because they do not want people to leave intoxicated, they give them some food before they leave. He said they removed the large TV, the video games, they do not have a band on Saturdays, they removed the beer signs from the windows and they installed security cameras. He added that people from Margarita Beach came from that business over to theirs. He said they tried to handle the situation and he asked a friend from the police department for advice. He said they would work with the City and stay within the guidelines. Chairman Fletcher asked about the ownership, if either of them has owned other restaurants, if they are on site most of the time and if they know why the number of calls doubled in the last year. Mr. Frias said he is a part owner and that Don Wright is the other partner. He said he had worked his way up in a restaurant. He said Don did not own a restaurant prior to this one but he had worked in some. He knew there would be problems with being his own boss. He said he was a bartender for JT's (a bar). He said he also worked in the insurance business for 8 years. He said he is there most days and if they are busy, he helps the other employees. He said there was overflow from Margarita Beach and McAlans and that maybe part of the reason for the additional calls; when they close, those patrons came to Pepper's. He said they have never been cited for overcrowding. Chairman Fletcher asked when they purchased the business, if they intended to run a bar. He asked how he and his partner would consider purchasing a business and not pay City fees or for a license. Mr. Frias responded they purchased it in 2004. He said it was not intended to be a bar. He said he thought the changes they made, made it look good and he was not trying to ignore the situation. He __ said_he_had no idea how the license situation was missed. He: said he assumed_the._fees and____..__-__ license had been taken care of and he was not making excuses; that when he found out, he came down to City hall to take care of it. He said the fees were minimal. Chairman Fletcher commented that it was minimal but also requires compliance. Mr. Frias said if someone had let him know he would have complied, that this has been a learning experience and he is trying to comply with everything. Tim Herbers stated he has been the maintenance contractor for Mike Patton. He said Mr. Patton asked him to monitor the situation. He drove by at night on two Monday nights and he observed the Planning Commission Minutes -8- October 22, 2008 P251 customers that were arriving at 11:00 p.m. went in and came right out ,and at about 12:00 midnight he observed several trips from a taxi cab apparently called to take people home. He said a patrol car also came by at about midnight and shortly thereafter the customers were out and the door was locked. Kevin Ironside said he has been a patron for 16 years and he sees a big difference and changes to the place. He said there used to be many more bikers there before the current ownership. He said they do not allow "colors" or bandanas and it is not like a bar, and he takes his 9 year old son there. He said it is a good place to go and it would be wrong to revoke their license. Don Wright stated he is the other owner of Pepper's. He said he manages the licensing and permits for the business and it was his oversight. He said he promotes the taxicab service and that if they observe a patron wobbling toward the door and are causing a problem, they have been directed to call the PD and to have them handle it. He said they have purchased high chairs and booster seats and they cut down the entertainment to 2 days per week (Thursday and Friday). Chairman Fletcher asked if he owns another bar and if he intends to operate the business as a restaurant or a bar. He said all the testimony heard tonight refers to the business as a bar and not a restaurant. Mr. Wright said he worked for a commercial ice machine company for 13 years. He said he makes sure his partner or one or two others are there to watch the business at night. He said they encourage patrons to bring their kids and they are gearing it as a restaurant operation. He said they have 3 cooks and a lunch and breakfast crowd and are preparing for the next level of advertising. He said it is hard to keep a good reputation. Chairman Fletcher asked why they have not applied for a business license or paid fees for 3 years. Mr. Wright said he had no excuse, that in the beginning the owners were there all the time working long hours and it got overlooked. He explained that when they took over, they had a temporary license. He said he has a calendar and notebook now. Chairman Fletcher said the item is the revocation of the CUP and EP. He said if the revocation is upheld, they could lose their right to do business. He asked if they could survive operating as a restaurant if the Entertainment Permit was revoked and the bar area was restricted. Mr. Wright said yes, but it would be very difficult. He said the transition would be tough. He thought they could operate as a restaurant and he could understand if they lost their Entertainment permit, but they would at least want the permit that allows them to operate under the conditions now. Mr. Frias explained that if that was the situation, they could operate a restaurant, and if in the worst case scenario they lost their entertainment permit he could understand, but they would at least want to stay open and in business. Chairman Fletchher remark"ed thaf they have-totallylacked-to comply with the City license and operation and that he has given them ample opportunity to explain. Mr. Frias said they already started the process and he knows it is possible and he is 100% for it and they would do anything to comply. He said they are offering a "Tequila Dinners"wherebytheywould offer different kinds of tequila with a 7 course dinner. He said they hope to do that once a month. He said they need a chance to promote it. He said his mom is in the kitchen and she has great food. Planning Commission Minutes -g- October 22, 2008 P252 Gina Frias said Pepper's offers more than the night life environment and that the kitchen has never been closed. She said their food is affordable and she sees her brothers and mom working hard to make it. She said the kitchen has never been closed. She said hopefully they can get past the nighttime issues. Chairman Fletcher closed the public hearing at 10:27 P.M. Vice Chairman Munoz asked when the business found out aboutthe expired business license and if the business is in compliance as of today. Mr. van der Zwaag stated they were notified and cited in August and that they have not signed off on a business license. They did come in and apply but we have not signed off on it because they need to be in full compliance and one has not been received that says "Pepper's Restaurant." Commissioner Wimberly expressed concern that they acquired the business in 2005 and now they are being notified. He said it has been a sports bar. He said they could condition it to go forward as a restaurant but it is not the nature of business and he has concern about that. He noted the patron control problems and that they may not be able to exist as a restaurant and that they might not be able to condition all the negative things that are occurring there. Vice Chairman Munoz said this is serious stuff. He remarked that he does not like "flip" decisions. He said the applicant validated that he does not know how to run a business but if we give him the opportunity, he'll learn. He said they want a "Mulligan" for the last few years. He said long term patrons are a great thing but he is concerned about the 22 people that were assaulted in 2007 and 15 in 2008 and then an additional 9 assaults since they found out about their permit and license problems. He said they have admitted they screwed up with mismanagement. He noted that there have been a gross number of calls for service, it must be a record, and yet the applicant is asking for another chance. He said it is "Business 101" to get a license. He said he is having trouble believing they did not know this. He said that he hears the applicant is trying but they are still not in compliance and this is mismanagement. He said his (Vice Chairman Munoz') taxes are going up (because of the service calls). He said that with respect to the CUP, the proposed use is detrimental to the public safety and welfare etc. and that the Planning Commission has the right to revoke the permits for the use. He said the applicant's business plan is no plan at all and that theyjust want a "Mulligan" for their past mistakes. He suggested he keep his mom out of that establishment because he would be concerned about his mother being there. Chairman Fletcher noted that all the references of the establishment tonight have been as a bar and they are not licensed as a bar. He said there is question as to whether there has been a full menu at all times. He said the applicant has produced a new floorplan, they have favorable comments from patrons, and they have refurnished a bar, but there is no license for the business to be a bar, that has alcohol with a full menu. He said he did not believe anyone (managing the business) looked at the use permit and what the requirements are. He said they are offering alcohol after 11:00 p.m. and one employee has indicated that the night shift ends at 2:00 a.m. He said he had patronized the restaurant himself years ago and he had a_great chili_relleno there. He said they_had__ a small bar area on the side. He went back a year ago and it was his wife's comment that it is defnitely a bar. He said this,has changed into a bar and not operating as the permit allows. He said they still do not have a paid license and that he finds it hard to believe that one could buy a business and not think to get the appropriate licensing and permits -that it was totally ignored by the owners for 3 years. He pointed out that there are safety issues, responses by staff, illegal operations, a number of service calls, and that their business operation, according to some of the testimony, has created a situation that is injurious to the residents of Rancho Cucamonga and not approved for that location. Chairman Fletcher added that he is a proponent of business but this business has totally ignored nor made any attempt for 3 years to comply or even try to comply. He said 1 owner said he was unsure if he would be successful as a restaurant, which is whatthe permit allows, but the other Planning Commission Minutes -10- October 22, 2008 P253 says he could do it but indicated he would need to sell much alcohol to do it. He asked staff if it is possible to resolve the situation by restricting the hours of operation and by changing the layout of the bar. He said he gets irritated with owners who come to Rancho who buy a restaurant and then try to run a bar in an area where that is not permitted; it is nothing but a bar serving some snacks or food. He said maybe this is a good time to send a message to bar owners, that we will not allowthis any more, that this is a drain of time and City resources to continually make them comply with their use permits. He said he is trying to find a solution. Mr. Troyer commented that they are not talking aboutjust a business just out of compliance with a couple of conditions, it is a business out of compliance with numerous conditions of approval for a CUP and EP, and they have numerous reports from the police. He said they continue to operate and they pose a threat to the public safety and welfare. He said staff does not have confidence in proposing they alter the floor plan as a solution or that the owners would be responsible and that staff is not changing their recommendation tonight. Chairman Fletcher said that at one time it was once was a nice Mexican restaurant but it certainly is not a restaurant anymore, it is a bar. Motion: Moved by Munoz, seconded by Wimberly, to adopt the Resolutions revoking Conditional Use Permit 87-06 and Entertainment Permit 89-04. Motion carried by the following vote (3-0-1-1): AYES: FLETCHER, MUNOZ, WIMBERLY NOES: NONE ABSENT: HOWDYSHELL ABSTAIN: STEWART- carried Chairman Fletcher added that if the owners of the business disagree with the Commission's decision, they have the right to appeal the decision within 10 days. ...., The Planning Commission took a brief recess at 10:45 p.m. to 10:50 p.m. Commissioner Stewart returned to the Council Chambers. CONDITIONAL USE PERMIT DRC2006-00926 - WLC ARCHITECTS - A review o t~ Master Phasing Plan for remaining phases of Lifeway Church project development ' uding a class room wing, temporary classroom modules and multi-purpose hall on 5.Q3 adres of land in the Low Residential District (2-4 dwelling units per acre), located at 747 ~Yyineyard Avenue at Calle de Prado-APN:208-921-36. Related files: Conditional Use Pe~rrii~DRC2001-00439 and Non- Construction Conditional Use Permit DRC2007-00544. Or~,?c ri124, 2002, a Mitigated Negative Declaration of environmental impacts was adopted by~he"'rvPlanning Commission for Conditional Use Permit DRC2001-00439. The California Env,~y~3n`mental Quality Act (CEQA) provides that no further environmental review or Negative - eclaration is required for subsequent projects within the scdpe of the previous Mitigate : egatiV"e Declaration Corkran Nicholson, Assistant Plann~nJ~Director, presented the staff report. He noted that a letter was received by the Planning Commission from a neighboring resident (Charles and Barbara Rich- 8930 Balsa Street) and h~ been given to the Commissioners for their review. The Commissioners confirmed that they all-.received copies of the letter. The letter was entered into the official record. The letter statedjttie project was not built as explained to the neighbors by the church. The writer cited an is~ne with the height of the street, the grading of the property, verifiable City records, building eight, the appearance of massive buildings and a wall adjacent to their property, "run a~ouncJ" experienced with his concerns voiced to the City such as dust, flooding, dead trees, lights Planning Commission Minutes -11- October 22, 2008 ~? P254 O '~ z 7[l My name is Frank Frias, owner of Peppers Restaurant. I am requesting ann a c ~ E ~ appeal for the decision made by the Planning Commission on October 22, 2008. O m c,~ Conditional Use Permit and Entertainment Permit were revoked. ~ ~ o m On Friday, August 8, 2008, the Alcoholic Beverage Control informed me that~o~ ~ ~ x City Business License was not current. Tuesday, August 12, 2008, I applied for renal of the business license. Later, I received a letter stating that the zoning was for a restau~nt and not a sports bar. I called the city and talked with Corkran Nicholson regarding the necessary changes. He asked that I change the signage from "Sports Bar" to "Restaurant." I changed the sign immediately (See Attachment 1). Then, I was notified that our Conditional Use Permit and Entertainment Permit was out of compliance. When the restaurant was purchased, I continued to function as did the previous - owners. I was unaware that the business was not in compliance to the city's guidelines. Once aware, I had a meeting with the City Planning Commission and our building's landlord. During the meeting, I informed Corky and Tago that I was willing to conform and comply with all conditions stated. Corky offered to postpone the hearing with the information that I would comply one hundred percent. The City Planning Director was against postponing the hearing due to his understanding of a report for calls for service. As a restaurant owner, I was not aware that I was responsible for instances in the parking lot, the area adjacent to, or places nearby the restaurant. I was never provided documentation supporting the allegations of calls for service. The police or fire department, prior to the hearing, did not provide me copies of alleged calls for service. I feel that I have been denied due process. I feel that I have been denied a fair opportunity to dispute the allegations. I have not been able to inquire about whether those calls were actually in relation to anything occurring at the restaurant. When I became aware of the alleged non-compliance, I took action to follow through with the six items as were requested by the Planning Commission. These items were corrected before the hearing (See Attachment 2 and 3). I was under the impression that with compliance, I would be allowed my Conditional Use Permit and Entertainment Permit to be renewed. As long as I conformed to the city's guidelines, the permits would be continued. ~~~1~~~ (~ G ~ ~'-~ ~~ i 6 ~' s10H100185k0G16D12345X CITY DFCITYCHALLUCRMONGA j FIMRNCE DEPARTMENT 10580 CIVIC CENTER DRIVE RANCHD CUCAMONGA CA 91730 909-477-200 i RECEIPT: CR123376 DATE: 11/B3/08 j CASHIER ID: CSF11031 TIME: 14:39:22 ----------------------------- ~ P/C APPEAL j Planning Fees 2,231.80 1081088 4508 CK TOTAL PAID RECEIVED FROM: FRAHX FRIAS 6 II I i , i si0H180105k0G16D12345X 2,231.08 Gt:;'i !i 4~ ~~i5~ .{ CIF '. ~'Y 'if `n laF%f iii, i Iu_h~i'•i=Cn P258 I NOV-19-2906 10:31A91 FR011-Bruce Allen, Law Office +9996246289 T-161 P 002/00t F-3T3 F259 lAW OFFICES OF D. LaBRUCE ALLEN 1334 N. Towne Avenue Claremont, CA 91711 Tel. (909) 824.8200 Faz. (909) 8248288 November 19, 2008 City of Rancho Cucamonga, Planning Commission Via Facsimile and U.S. Mail Attn: Mr. Nicholson (904)-477-2849 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729-0807 Re: Pepper's Restaurant, Frank Fazias, Conditional Use Permit 87-06, and Entertainment Permit 89-04, Appellate Process, and Appea] item for December 3, 2008 meeting. Dear Mr. Nicholson; My office has been retained by Mr. Ferias to address the appellate issues regarding the above- referenced agenda item. I contacted Ms. Lois J. Schrader on November 17, 2008, and inquired as to the status of Mr. Ferias' appeal which he filed and paid for on October 3, 2008, and she advised that the matter was set and noticed for December 3, 2008, although Mr. Ferias has not been provided the same formally. I advised her that Mr. Ferias was in my office; and I have calendar conflicts for that date and would need about 30 to 45 days beyond, i.e. early to mid January, 2009, to review and prepare for such a matter on Mr. Fatties' and Pepper's Restaurant's behalf She indicated that I would need to discuss the matter with you, and forwarded my call to your extension, where I then left a detailed voice mail message, with both my office and telephone numbers. As of this writing, you have not retunted my call. either Wednesday, January 14, 2009, or Wednesday, January 21, 2009. Please also immediately advise my office regarding this matter. There is.some hope that this matter can be resolved without the necessity of going forward on the appeal as well. Looking forward to your ptrompt and courteous response. Very tndy yours, !a-- L ;, ~~ .. ABRUCE ALLEN. Esq. cc: Mr. Ferias, Pepper's Restaurant DLA:nms EXHIBIT' ~~ ~~- 3-~-~~ THE CITY OF RANCHO CUCAMONGA M_,..,_ DONALD J. KURTH, NP260 Mayor Pro Tem L. DENNIS MICHAEL CounaLmcmberr RE% GUT[ERREZ SAM $PACNOLO DIANE WILLIAMS City Manager JACI: LAM, AICP jZANCxo cUCAMONGA February 3, 2009 Mr. Frank Frias. 9754 Balaton Street Rancho Cucamonga, CA 91737 SUBJECT: SITE COMPLIANCE INSPECTION FOR CUP87-06R AND EP89-04R Dear Mr. Frias: The Planning staff conducted a site inspection of Pepper's Restaurant on January 27, 2009, and found that the business operation has made the majority of the changes requested in the City's letter dated September 27, 2008. The City of Rancho Cucamonga appreciates your cooperation in facilitating the business toward complete compliance. There is one area of non-compliance regarding the governing Conditional Use Permit for Pepper's Restaurant (CUP 87-06). The staff counted 11 video games, which is 8 over the maximum permitted without being considered an arcade, as defined in Section 17.10.030-F-1 of the Development Code. A Conditional Use Permit is required to operate an arcade with greater than 3 devices within the Neighborhood Commercial District. As you are aware, Pepper's Restaurant is approved to operate a restaurant that offers distilled spirits. The primary operation of the business should be the sale of prepared foods rather than the sale of distilled spirits. Staff concludes that the large number of video games is more indicative of a sports bar and not that of a restaurant. Please be advised that it is in the best interest of Pepper's Restaurant to be in full compliance with all applicable City regulations prior to the March 4, 2009, City Council meeting, at which time the Council will make a decision regarding your appeal of the Planning Commission's decision to revocate your existing Conditional Use Permit and Entertainment Permit. Removal of the video games must take place within 10 days of the date of this letter or the violation will be referred to Code Enforcement for legal action. if you have any questions or need further assistance, please feel free to contact this office at (909) 477-2750. -- Sincerely -- - - - ----- - ~~~ Tabe van der Zwaag Associate Planner TV/ge c: Business Licenses Code Enforcement Department of Alcoholic Beverage Control I ~' ~ ~ o Cucamonga, CA 91729-0807 • Tel 909-477-2700 • Fax 909-477-2849 • wwiv.ciryofrc.us P261 RESOLUTION NO. 09- Ol, A RESOLUTION OF THE •CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S REVOCATION OF CONDITIONAL USE PERMIT NO. CUP87-06 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. A. Recitals. 1. Pepper's Mexican Restaurant received approval of Conditional Use Permit CUP87-06 on May 13, 1987, as described in the Recitals of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 22nd of October 2008, the Planning Commission of the City of Rancho Cucamonga conducted a public hearing on the application and concluded said hearing on that date, revoking Conditional Use Permit CUP87-06. 3. On the 22nd of October 2008, the Planning Commission Secretary of the City of Rancho Cucamonga issued the determination letter based upon the Planning Commission's revocation of Conditional Use Permit CUP87-06 on October 22, 2008, and informed the applicant of their right to appeal under prescribed procedures. 4. The decision by the Planning Commission on October 22, 2008 in their Resolution No. 08-61 was appealed in a timely manner to the City Council. 5. On the 3rd day of December 2008, the City Council of the City of Rancho Cucamonga conducted a public hearing to review said appeal and the appeal was continued to the 21 st day of January, 2009, as requested by the applicant's attorney. 6. On the 21st day of January 2009, the City Council of the City of Rancho Cucamonga conducted a public hearing to review said appeal and the appeal was continued to the 4th day of March due to a scheduling issue with the City attorney. 7. On the 4th day of March 2009, the City Council of the City of Rancho Cucamonga conducted a hearing to review said appeal prior to the adoption of this Resolution. 8. 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 4, 2009, including written and oral staff reports, this Council hereby specifically finds as follows: P262 CITY COUNCIL RESOLUTION NO. 09- CUP87-06 -PEPPER'S MEXICAN RESTAURANT March 4, 2009 Page 2 a. The application applies to Pepper's Mexican Restaurant, located in the Neighborhood Commercial District at 9740 19th Street; and b. The property to the north of the subject site is the I-210 Freeway; the properties to the south consist of existing single-family residences; the property to the east is an existing multi-family development; and the property to the west is an existing multi-family development; and c. On August 8, 2008, deputies from the Rancho Cucamonga Police Department, along with the Alcohol Beverage Control (ABC), conducted an ABC compliance check of multiple bars in the City, including Pepper's Mexican Restaurant. The compliance check resulted in one patron be arrested for public intoxication, the bartender being cited for serving alcohol to an intoxicated person, and Pepper's Mexican Restaurant's manager being cited for having an expired business license. The Police Department contacted the City of Rancho Cucamonga and informed the City of the results of the compliance check, including Pepper's Mexican Restaurant's expired business license and the extensive history of police calls-for-service to the business; and d. The Rancho Cucamonga Police Department reports that they have made 42 calls-for-service for the year 2007 and 43 calls-for-service for the year 2008 (through the month of June). Additionally, Rancho Cucamonga Fire Department has made 26 calls-for-service to the site for the year 2007 through the month of June 2008; and e. The applicant's business is located within the Neighborhood Commercial District, which only permits bars or cocktail lounges when they operate in conjunction with a restaurant and always requires a Conditional Use Permit for the sale of distilled spirits. The approved Conditional Use Permit (CUP87-06) requires that the service of alcohol must be in conjunction with a restaurant and with the availability of a full menu. Additionally, it stipulates that the service of alcoholic beverages must cease when the full menu is not available to customers and limits the hours that the bar maybe operate~to between 11:00 a.m. and 11:00 p.m. At the time of the Planning Commission hearing the applicant was selling alcoholic beverages after 11:00 p.m.; and f. On January 27, 2009, on a site inspection staff counted 11 video games, which are 8 over the maximum permitted without being considered an arcade as defined in Section 17.10.030 of the Development Code. The excess video games have since been removed and the business is now in compliance in this regard; and g. The Municipal Code requires that businesses have a valid business license and that they pay business license taxes. Pepper's Mexican Restaurant operated without a valid business license for over 3 '/z years.- ___ 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 subject business is not in accord with the General Plan or the objectives of the Development Code, which require that businesses be operated in a manner that is not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. Over the last two years there have been extensive calls-for-service to the applicant's business for crimes including assaults and public drunkenness, which is detrimentally affecting the safety and welfare of the residents living in the surrounding neighborhood, as well as the safety and welfare of the businesses, merchants and customers of the commercial center in which Pepper's Mexican Restaurant is located; and P263 CITY COUNCIL RESOLUTION NO. 09- CUP87-06 -PEPPER'S MEXICAN RESTAURANT March 4, 2009 Page 3 b. The subject business violated the Conditions of Approval of the existing Conditional. Use Permit by selling alcoholic beverages after 11:00 p.m.; and c. The subject business violated the City's Municipal Code by operating for over 31/2 years without a business license or paying the required business license taxes. 4. Based upon the findings and conclusions set forth in Paragraphs 1, 2 and 3 above, this Council upholds the Planning Commission's revocation of Conditional Use Permit CUP87-06 and denies the applicant's appeal of the Planning Commission's revocation. 5. This Council hereby provides notice to Pepper's Mexican Restaurant that the time within which judicial review of the decision represented by this Resolution must besought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certifed copy of this Resolution, by certified mail, return-receipt required, to Pepper's Mexican Restaurant at the addresses identified in City records. P264 RESOLUTION NO. 09-Q/g 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. A. Recitals. 1. Pepper's Mexican Restaurant received approval of Entertainment Permit EP89-04 on March 28, 1990, as described in the Recitals of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit request is referred to as "the application." 2. On the 22nd of October 2008, the Planning Commission of the City of Rancho Cucamonga conducted a public hearing on the application and concluded said hearing on that date, revoking Entertainment Permit EP89-04. 3. On the 22nd of October 2008, the Planning Commission Secretary of the City of Rancho Cucamonga issued the determination letter based upon the Planning Commission's revocation of Entertainment Permit EP 89-04 on October 22, 2008, and informed the applicant of their right to appeal under prescribed procedures. 4. The decision by the Planning Commission on October 22, 2008 in tfieir"F2esolution No. 08-60 was appealed in a timely manner to the City Council. 5. On the 3rd day of December 2008, the City Council of the City of Rancho Cucamonga conducted a public hearing to review said appeal and the appeal was continued to the 21 st day of January as requested by the applicant's attorney. 6. On the 21st day of January 2009, the City Council of the City of Rancho Cucamonga conducted a public hearing to review said appeal and the appeal was continued to the 4th day of March due to a scheduling issue with the City attorney. 7. On the 4th day of March 2009, the City Council of the City of Rancho Cucamonga conducted the public hearing to review said appeal prior to the adoption of this Resolution. 8. 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. tom' ? - ~~ ...L„:. .. ,~ ~_ P265 CITY COUNCIL RESOLUTION NO. 09- CUP87-04 -PEPPER'S MEXICAN RESTAURANT March 4, 2009 Page 2 a. The application applies to the existing restaurant and bar located in a commercial center at 9740 19th Street; and b. The property to the north of the subject site is the I-210 Freeway; the properties to the south consists of existing single-family residences; the property to the east is an existing multi-family development; and the property to the west is an existing multi-family development; and c. The approved Entertainment Permit limits entertainment to a live band with up to four members and dancing. At the time of the Planning Commission decision on October 22, 2009, the business was offering music provided by a disk jockey (DJ) in violation of the approved Entertainment Permit; and d. The existing Entertainment Permit prohibits the intensification of the type or quantity of entertainment without modification of the existing permit; failure to do so is grounds for revocation of the Entertainment Permit; and e. The Municipal Code (Section 5.12.115) requires that all holders of an Entertainment Permit must file and pay a yearly renewal of their Entertainment Permit. The applicant has not filed a renewal for the years of 2007, 2008 or 2009; and 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 Commission hereby finds and concludes as follows: a. That the conduct of the establishment and the granting of the application has been contrary to the public health, safety, morals or welfare in that over the last two years there have been extensive calls-for-service to the applicant's business for crimes including assaults and public drunkenness; and b. That the establishment is in violation of the City's Municipal Code, which requires that the applicant renew their Entertainment Permit on yearly bases; and c. That the applicant has violated the Conditions of Approval of the existing Entertainment Permit by offering entertainment not covered by that approval. 4. Based upon the findings and conclusions set forth in Paragraphs 1, 2 and 3 above, this Council upholds the Planning Commission's revocation of Entertainment Permit EP89-04 and denies the applicant's appeal of the Planning Commission's revocation. 5. This Council hereby provides notice to Pepper's Mexican Restaurant that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified P266 CITY COUNCIL RESOLUTION NO. EP89-04 -PEPPER'S MEXICAN RESTAURANT March 4, 2009 Page 3 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certifed mail, return-receipt required, to Pepper's Mexican Restaurant at the addresses identified in City records \~ ~DW-P(' E-eVZ~ P267 t}-- 30~ -'°~' J ~ ~r ~m k• ~~. ~^y~~ ~Ij, ll O ~~ ~ 1 O L c `~ I v~ T. E i~ '~` I~ ~ (~ :~ ~~-~--~) `/ j i i -~ '~ ~ - !~ ` . ~I !._~ j ---~ A ki ~j aJ I_z,s ~~ _ ~ :< x i xll• %~ ~, ' ~ `` ~ -- ~~~~~~~ ~ -~5-0~1 a h! _.. \~ l~' ~ ` / r _ ..I ".. ~~ .i i 1 i ..._ ' S '` J L, ;~`~.=~ _ ~ `if S ~- ~ ~ y _~~~. ~_ I i _. _'.. _ --r ;;:- `::;, . :..,:, -~_ -_. I .~ .~''ti L_ _f ~ r~ 10 ~ `____'~ x -~ ~ '~ _ I ~:_ - E .. -~-° Q ;_" __ _. _ ~ ~ ~ f., ._.. ~~ 6 _ 6 i _ , ;... --_1-_ V.~-_-- ~ ------ ----'----- ------ ---- ~ ! i ; P268 I i ~ ~ I ! 1 S~O'~~Q~ ~,a ~ ~ ~ ~ I'. ~ ~, .. ~ yJ ' q i I ~ I ~ . ~ ,~ r sl ~,, A ~ ~~ ~-~,~~' a~ ., ~= ./ + ~ x tt 1 ,i ' r+ I ; ., i I ~e I ~ ~~~l.r .T~ ~'~I ~.1 w ~~r ~ ~ ~ -~5 1 ~l ~1 I~` I ~r ' L f J Y +f f ~ I 1 /~f/~ ~.- ~{/. {f ".: `X' ' I ry 111 ~~ t I~ ~1I~s , ~ ~ .. ~r '.f rrS ~,, ~ I` NIIM1' s 'X` 1 1 /aj'r YiIF, n i ;j I ~ . n~~/.C ~ ~ i ~ , ~ 't` I ~~ ,i{y~,,,± I; f ~ ~7 I ` ..:Sj It I r~ 1^ = fi /Y > s.uy ~ ~ I ~ ~ ~ NI ~6 l~ i 's" 11 \ ~F I': :x 1 \3 ~I~ r N v.~ Il f I J " I ~~u R'{' ,.. MEMORANDUM RANCHO CUCAMONGA POLICE DEPARTMENT Date: June 30, 2009 To: James Troyer, Planning Direc r From: Joe Cusimano, Chief of Poli Subject: Pepper's Lounge Update P269 . . Y J-~ r RANCHO C,,UCAMONGA On March 4, 2009, the Rancho Cucamonga City Council held a public hearing at the regular City Council meeting. The subject of the hearing was to consider revocation of a conditional use permit for serving distilled spirits in conjunction with operating as a restaurant. The issues that prompted this hearing were reports from the Police and Fire Departments indicating a high volume of calls for service in response to patrons and employees of the business. During the investigation into a possible explanation for the increase, it was found that the business was operating outside the parameters of their conditional use permit and had not obtained a city license renewal in the past two years. Presentations were made from the Police and Fire Departments. In these presentations it was shown that there was an increase in calls for service related to the operation of a bar. A significant portion of these calls were responding to violent encounters between the patrons. Some of the encounters were actually caused by the business's security staff. The issues that were addressed were the business was not to serve alcohol after 11 p.m. along with a reduction in violent incidents related to the business. The owners were given until July 1, 2009 to conduct business in accordance with their previous license status as a restaurant. Members of the Police Departments Multi Enforcement Team (MET) developed a three part plan to guarantee compliance. The plan involved the following: __ Conduct no less than two undercover operations in which deputies would enter_the _ business and try to purchase alcohol after 11 PM • Notify patrol division and enhance their awareness of the business license stipulations. Have the Patrol Division conduct checks of the business to ensure compliance. • Monitor Fire Department calls for service and report any incidents at the business. Undercover operations of the bar have been conducted. At the conclusion it was found the business, was adhering to the order to stop serving alcohol past 11pm. Additionally we P270 PEPPER'S LOUNGE UPDATE PAGE 2 JUNE 3Q, ?009 have been given information from private citizens that the bar would not serve them alcohol after 11 pm. MET and Patrol divisions have checked on the business after 11 pm, during each check the business appears to be closed. A search through calls for service with law enforcement response has been conducted and it was found that the bar only had 2 calls for service from the time period of January 1, 2009-June 23`d, 2009. One call was an area check and the other call was a Drunk in Public arrest. The Fire Department .states there have been no recent calls for service or complaints regarding Pepper's Restaurant. P271 RESOLUTION NO. 09- ~ yd A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICANT'S APPEAL OF THE PLANNING COMMISSION'S REVOCATION OF CONDITIONAL USE PERMIT NO. CUP87-06 FOR THE SERVING OF DISTILLED SPIRITS IN CONJUNCTION WITH A RESTAURANT, LOCATED IN THE NEIGHBORHOOD COMMERCIAL DISTRICT AT 974019TH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 1076-011-10. A. Recitals. 1. Pepper's Mexican Restaurant received approval of Conditional Use Permit CUP87-06 on May 13, 1987, as described in the Recitals of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 22nd of October 2008, the Planning Commission of the City of Rancho Cucamonga conducted a public hearing on the application and concluded said hearing on that date, revoking Conditional Use Permit CUP87-06. 3. On the 22nd of October 2008, the Planning Commission Secretary of the City of Rancho Cucamonga issued the determination letter based upon the Planning Commission's revocation of Conditional Use Permit CUP87-06 on October 22, 2008, and informed the applicant of their right to appeal under prescribed procedures. ' 4. The decision by the Planning Commission on October 22, 2008, in their Resolution No. 08-61, was appealed in a timely manner to the City Council. 5. On the 3rd day of December 2008, the City Council of the City of Rancho Cucamonga conducted a public hearing to review said appeal and the appeal was continued to the 21st day of January, 2009, as requested by the applicant's attorney. 6. On the 21st day of January 2009, the City Council of the City of Rancho Cucamonga conducted a public hearing to review said appeal and the appeal was continued to the 4th day of March because of a scheduling issue with the City attorney. 7. On the 4th day of March 2009, and continued to the 15th day of July, the City Council of the City of Rancho Cucamonga conducted a public hearing to review said appeal prior to the adoption of this Resolution. 8. 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 specifcally 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 4, 2009, and July 15, 2009, including written and oral staff reports, this Council hereby specifically finds as follows: P272 CITY COUNCIL RESOLUTION NO. 09- CUP87-06 -PEPPER'S MEXICAN RESTAURANT July 15, 2009 Page 2 a. The application applies to Pepper's Mexican Restaurant, located in the Neighborhood Commercial District at 9740 19th Street; and b. The property to the north of the subject site is the I-210 Freeway; the properties to the south consist of existing single-family residences; the property to the east is an existing multi-family development; and the property to the west is an existing multi-family development (across Archibald Avenue); and c. The applicant is operating the business in conformance with the approved Conditional Use Permit, including the limitation on when alcoholic beverages may be sold; and Police calls-for-service to the business have been reduced to a negligible level; and e. The applicant has removed the high bar tables and bar stools from the dining room and replaced them with dining tables and chairs, which is more in keeping with a restaurant operation; and f. The applicant has paid all delinquent business license fees and has a current business license. 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. That the business is operating in a manner that is consistent with the objectives of the Development Code, and the purposes of the district in which the site is located. b. That the operation of the business together with the conditions applicable thereto, will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity. c. That the business is in compliance with each of the applicable provisions of the Development Code. d. That the location and operation of the business is consistent with the General Plan. 4. 'Based upon the finding and conclusions set forth in Paragraphs 1, 2, and 3 above, this Council approves the applicant's appeal. of the_ Planning_Commission's_revocation_of-__ Conditional Use Permit 87-06 for the serving of distilled spirits in conjunction with a restaurant, subject to the conditions shown below. Planning Department 1. The serving of alcoholic beverages must be in conjunction with a full-service restaurant and the availability of a full menu. The sale and serving of alcoholic beverages shall cease when the full menu is not available to customers. The bar in conjunction with the restaurant may operate between the hours of 11:00 a.m. and 11:00 pm. In no circumstance shall the bar remain open after 11:00 p.m. P273 CITY COUNCIL RESOLUTION NO. 09- CUP87-06 -PEPPER'S MEXICAN RESTAURANT July 15, 2009 Page 3 2. The applicant shall submit an on-site Security Plan to the Planning Department by August 3, 2009 that includes regular monitoring of the parking area in front of the business. The Security Plan shall be subject to review and approval by the Planning Director. 3. Any modification, expansion, or other change in the operation will require a revision of the Conditional Use Permit. 4. The restaurant and bar area shall be operated and maintained in accordance with the Floor Plan as shown as Exhibit B for the Staff Report for CUP87-06R, dated July 15, 2009, hereby referenced in the Conditions of Approval and attached to this resolution. Any changes to the approved Floor Plan shall require prior approval by the Planning Director. 5. The maximum number of video games permitted is 3. Additional video games above 3 will require modification of Conditional Use Permit 87-06. 6. Entertainment Permit EP 89-04 was revoked by the Planning Commission on October 22, 2008, and that decision was upheld by the City Council on March 4, 2009. No entertainment is permitted without prior approval of a new Entertainment Permit. Entertainment requiring an Entertainment Permit includes, but is not limited to, music provided by a disc jockey (DJ) or live entertainment performed by an individual or a group. 7. Signage shall be in conformance with the approved Sign Program forthe center (Sign Program No. 11), and the City's Sign Ordinance. Signs shall require review and approval by the Planning Department. Signage shall be limited to the name of the business and may not include the words "Bar" or "Cocktail Lounge." The Conditional Use Permit is granted for an indefinite time period. However, in the event that this causes adverse effects on adjacent businesses or properties, the Commission may consider and/or impose revisions or additions to any of the conditions stated herein. __ __ 5._ This_Council hereby_provides notice to.P_epper's Mexican.Restaurantthatthe-time within- ---- whichjudicial review of the decision represented by this Resolution must besought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt required, to Pepper's Mexican Restaurant at the addresses identified in City records. •~ ~ - -- ~ ~'~^ C ~•.~a \. i ~.: ~- .. ,~ ~" C O 4 (, "~- ~ 1 ~ ~ 0 ~y4 I ~ ~^ I ~ t IX) ~~ ,. V \~ .• L o wt r' L e v~ f P274 ti X "~*~. ` ! x ~' ~,~~ Xa ~ y` y~l.y ~r 4- ~ Fi ~ GlAte~ ~. - ~7r' ~_-' 1 ~ ~ ... ~. ~< " X X ~j M ~Y...,a= ~ ?' / X~ ~ / ,~ .. l ! ik ` _ __ ' ~'~ ~ j ~ 4 H _ ~ ~-,,Z,~ I --~~ , :: a ~ ~ T ,~_ ~ a _ -.::. N j -~' ~ 1 .t` ¢ . iF~= V 4 C`F _ i i D ~ ' ~ --~_. ~+ j m ... E. ~ ~ _. k ~ ~ _ . . X ,~ x~ ,~=-Q ct1 J ~ ,~ ,; i I _~. s ~ x x x a- ~~ a ~. ~';_, a I~~~~~^ , I~~t~°'~ih -r ~~a.chm~~_'/ ~O ~.'p1s lti fro J~ e c ~ _r~'='J E s ~ 6 q-- ~ LZ ---6? x ~ ~ '~ i x ik ,. /,, f U.1~I y _`~~1 i?4a'i _,i -. ~~ _, ~w `, r,, I .~ I .::=s ,~,=~,`_ _~' ~= c 7 1- i I 1 ~ ~ i I ~ I , i I i i I I i i i ! i i I f" e ~` F~L / ,.. ~~ I I' ~ /` F~ " ~~ ~ ~ ~ I I~ r i ' ~W .m' ~ ' .~; - ~ i ?'fi'r ~ 1~' -1 .r. ~ ~'+ 1 p 'f ,~~ _ ~v'~ d _ LL t 1` ,,,:~ ,..; :~ x ~ ..I ,, j - P'~ (i ~ ~. J I !r ~ I ~ ~. " x ~ x x' 'x - -, - ys„ ~,~~ ~ / f ~I ?I a i +~l ~~ b ~~ ~ ~,~ ~~ ~ ~ ~ ~~ ~ ', .:~<< ., , i=ro n^f' P275 ' ~U~P~C~' Z.tV2,~ f ,, .~ q :;. ~ .~ A ~C ~~~ coo ~'"~ ,~~ ~ ~~'~i t Dorn, r ~ - ~ j ll ~, ,_ ..i.. ~X ! - s ~ { y~ ~~~ ; i/ ~ r M w }ra ~ S6 '' n:~ ,: :~ ~-- i w ` 3' ` -----~i` P276 STAFF REPORT RANCHO p1gNNp,1GDII~A1rIMEnTc CjUCAMONGA Date: July 15, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: James R. Troyer, AICP, Planning Director By: Candyce Burnett, Senior Planner Subject: DEVELOPMENT CODE TEXT AMENDMENT DRC2009-00452 - CITY OF RANCHO CUCAMONGA - A proposed amendment to the Development Code, amending Section 17.14.040 to clarify that the Victoria Gardens Master Plan shall control the development process in the VGMP area for the Victoria Gardens Regional Mixed Use Lifestyle Center, located in the eastern portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the south, Church Street to the north, Day Creek Boulevard to the west and Interstate I-15 to the east. Related Files: Environmental Impact Report DRC2008-00381, General Plan Amendment DRC2008-00384, Victoria Community Plan Amendment DRC2008- 00383, Victoria Arbors Master Plan Amendment DRC2009-00146, Victoria Gardens Master Plan Amendment DRC2009-00145 and, Development Agreement Amendment DRC2008-00385. RECOMMENDATION: Staff recommends that the City Council adopt the Ordinance approving Development Code Amendment DRC2009-00452. BACKGROUND: On May 6, 2009 City Council approved a series of amendments to the planning documents that govern the development of the Victoria Gardens Regional Mixed Use Lifestyle Center requested by Forest City Commercial (applicant). After the approval of those amendments staff determined that it would be prudent to amend the Development Code to clarify that the Victoria Gardens Master Plan (VGMP) shall control the development process in the VGMP area. Development Code Amendment: The amendment would specifically clarify that the VGMP shall control the development process in the VGMP area. Staff recommends that the language in the Development Code be amended as follows: Section 17.14.040. Adopted Planned Communities, Section F is hereby amended to read as follows: "Development within the planned communities is subject to the review process as contained in Chapters 17.04 and 17.06 unless the text of the applicable community plan provides otherwise." Planning Commission Summary: On June 24, 2009 the Planning Commission conducted a public hearing to review the proposed text amendment. No public comments were made during the public hearing. The Planning Commission found the proposal appropriate and adopted the resolutions forwarding a recommendation to the City Council for approval of the Development Code Amendment. P277 CITY COUNCIL STAFF REPORT DRC2009-00452 -City of Rancho Cucamonga July 15, 2009 Page 2 ENVIRONMENTAL ASSESSMENT: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City certified a Supplemental Environmental Impact Report on May 6, 2009 in connection with the City's approval of the Victoria Gardens Master Plan Amendment. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. Staff has evaluated the Development Code Amendment and concludes that substantial changes to the project or the circumstances surrounding the project have not occurred which would create new or more severe impacts than those evaluated in the previously certified EIR. The Development Code Amendment will clarify in the Development Code that the Victoria Gardens Master Plan shall control the development process in the VGMP area. The Master Plan Amendments were approved by the City Council on May 6, 2009 for the Victoria Gardens Mixed Use Lifestyle Center. Staff further finds that the project will not have one or more significant effects not discussed in the previously certified EIR, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. The proposed amendments and impacts were thoroughly analyzed in the Supplemental Environmental Impact Report and the Development Code Amendment is to clarify in the Development Code that the Victoria Gardens Master Plan shall control the development process in the VGMP area. Therefore, pursuant to CEQA, staff recommends that the City Council concur with the staff determination that no additional environmental review is required in connection with the City's consideration of the Development Code Amendment. CORRESPONDENCE: This item was advertised with a large, 1/8th page legal ad as a public hearing in the Inland Valley Daily Bulletin newspaper and the property was posted. CONCLUSION: For clarity, staff is recommending amending the Development Code to reflect that the VGMP is the governing document for the VGMP area. Respectfully submitted, iV~ ~ e~ _ James Troyer, AICP_ _ _ Planning Director JT:CB/Is Attachments: Exhibit A -Planning Commission Staff Report dated June 24, 2009 Exhibit 8 -Planning Commission Minutes and signed resolution dated June 24, 2009 Ordinarice Approving Development Code Amendment DRC2009-00452 P278 STAFF REPORT PL~NNiNG DEPARTMENT ~~~ DATE: June 24, 2009 RANCHO CUCAMONGA TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Candyce Burnett, Senior Planner SUBJECT: DEVELOPMENT CODE TEXT AMENDMENT DRC2009-00452 -CITY OF RANCHO CUCAMONGA - A proposed amendment to the Development Code, amending Section 17.14.040 to clarify that the Victoria Gardens Master Plan shall control the development process in the VGMP area for the Victoria Gardens Regional Mixed Use Lifestyle Center, located in the eastern portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the south, Church Street to the north, Day Creek Boulevard to the west and Interstate I-15 to the east. Related Files: Environmental Impact Report DRC2008-00381, General Plan Amendment DRC2008-00384, Victoria Community Plan Amendment DRC2008-00383, Victoria Arbors Master Plan Amendment DRC2009-00146, Victoria Gardens Master Plan Amendment DRC2009-00145 and, Development Agreement Amendment DRC2008-00385. This item will be forwarded to the City Council for final action. PROJECT AND SITE DESCRIPTION: Forest City Commercial (applicant) requested a series of related amendments to the planning documents that govern the development of the Victoria Gardens Regional Mixed Use Lifestyle Center. After the approval of those amendments on May 6, 2009, staff determined that it would be prudent to amend the Development Code to clarify that the Victoria Gardens Master Plan (VGMP) shall control the development process in the VGMP area. The current project site is designated as the Victoria Planned Community on the Land Use Map and Mixed Use on the City's General Plan. A. Surrounding Land Use and Zoning: North - Residential uses designated as being within the Victoria Planned Community South - A mix of commercial/retail uses designated as being within the Victoria Planned Community --East- - --Interstate 15 (I-15) with residential-uses to the east of 1=t5 -"- West - Multiple-family residential units designated as being within the Victoria Planned Community B. General Plan Designations: North - Mixed Use South - Mixed Use ' East - I-15 Right-of-Way with Medium Residential (8-14 du's/ac) and Commercial designations to the east of I-15 West - Mixed Use EXHIBIT A P279 PLANNING COMMISSION STAFF REPORT DRC2009-00452 -CITY OF RANCHO CUCAMONGA June 24, 2009 Page 2 C. Site Characteristics: The 174 acre site is currently developed with the Victoria Gardens Regional Mixed Use Lifestyle Center consisting of approximately 1 ,413,383 square feet of Commercial/Office uses, approximately 92,000 square feet of Civic uses, and 215 dwelling units with an additional 95 dwelling units approved but not yet constructed. Current uses include an open-air mixed-use complex, compatible blend of major retail tenants, specialty commercial uses, restaurant and entertainment venues, Civic uses, office uses, residential dwellings, and community facilities. ANALYSIS: A. General: On May 6, 2009 the City Council Certified the Supplemental Environmental Impact Report and approved various text amendments to the Victoria Gardens Master Plan, Victoria Community Plan, Victoria Arbors Plan, an amendment of the Development Agreement, and a General Plan Amendment for the Victoria Gardens Regional Mixed Use Lifestyle Center. The Victoria Gardens Master Plan (VGMP) and associated Environmental Impact Report were originally approved on February 20, 2002. The applicant, Forest City, proposed the amendments to allow for greater flexibility to construct the remaining number of dwelling units and undeveloped commercial office/retail space and to allow for a more efficient use of available land within the VGMP Project area. For clarity, staff is recommehding amending the Development Code to reflect that the VGMP is the governing document for the VGMP area. B. Development Code Amendment: The amendment would specifically clarify that the VGMP shall control the development process in the VGMP area. Staff recommends that the language in the Development Code be amended as follows: Section 17.14.040. Adopted Planned Communities. Section F is hereby amended to read as follows: "Development within the planned communities is subject to the review process as contained in Chapters 17.04 and 17.06 unless the text of the applicable community plan provides otherwise. " C. Environmental Assessment: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City certified a Supplemental Environmental Impact Report on May 6, 2009 in connection with the City's approval of Victoria Gardens Master Plan Amendment. Pursuant to CEQA Guidelines Section 15162, rio subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than P280 PLANNING COMMISSION STAFF REPORT DRC2009-00452 -CITY OF RANCHO CUCAMONGA June 24, 2009 Page 3 or (iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. Staff has evaluated the Development Code Amendment and concludes that substantial changes to the project or the circumstances surrounding the project have not occurred which would create new or more severe impacts than those evaluated in the previously certified EIR. The Development Code Amendment will clarify in the Development Code that the Victoria Gardens Master Plan shall control the development process in the VGMP area. The Master Plan Amendments were approved by the City Council on May 6, 2009 for the Victoria Gardens Mixed Use Lifestyle Center. Staff further finds that the project will not have one or more significant effects not discussed in the previously certified EIR, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. The proposed amendments and impacts were thoroughly analyzed in the Supplemental Environmental Impact Report and the Development Code Amendment is to clarify in the Development Code that the Victoria Gardens Master Plan shall control the development process in the VGMP area. Therefore, pursuant to CEQA, staff recommends that the Planning Commission concur with the staff determination that no additional environmental review is required in connection with the City's consideration of the Development Code Amendment. CORRESPONDENCE: This item was advertised with a large, 1/8~" page legal ad as a public hearing in the Inland Valley Daily Bulletin newspaper and the property was posted. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached Resolution recommending that the City Council approve Development Code Text Amendment DRC2009-00452. Respectfully submitted, 1~/`~/~'/7 Ja s R. Troyer, AICP tl Planning Director JRT'CB/Is Attachments: Exhibit A -May 6, 2009_Staff report_(text only without attachments) Draft Resolution Recommending Approval of Development Code Amendment DRC2009-00452 STAFF REPORT PLANNING DEPARTMENT P281 , r~ w RANCHO G'UCAMONGA Date: May 6, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: James R. Troyer, AICP, Planning Director By: Candyce Burnett, Senior Planner Subject: SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT DRC2008-00381 AND GENERAL PLAN AMENDMENT DRC2008-00384 -FOREST CITY ENTERPRISES, INC. - A proposed amendment to the General Plan, amending Table III-4 to allow mixed uses with residential in the Victoria Gardens Regional Mixed Use Lifestyle Center, located in the eastern portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the south, Church Street to the north, Day Creek Boulevard to the west and Interstate I-15 to the east. Related Files: Environmental Impact Report DRC2008-D0381, Victoria Community Plan Amendment DRC2008-00383, Victoria Arbors Master Plan Amendment DRC2009-00146, Victoria Gardens Master Plan Amendment DRC2009-00145 and, Development Agreement Amendment DRC2008-00385. SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT DRC2008-00381 AND VICTORIA COMMUNITY PLAN AMENDMENT DRC2008-00383 -FOREST CITY ENTERPRISES, INC. - A proposed amendment to the text of the Victoria Community Plan to accommodate changes to the Victoria Gardens Master Pfan (VGMP) and to clarify that the VGMP shall control the land uses ih the VGMP area for the Victoria Gardens Regional Mixed Use Lifestyle Center, located in the eastern portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the south, Church Street to the north, Day Creek Boulevard to the west and Interstate I- 15 to the east. Related Files: Environmental Impact Report DRC2008-00361, General Plan Amendment DRC2008-00384, Victoria Arbors Master Plan Amendment DRC 2009-00146, Victoria Gardens Master Plan Amendment DRC2009-00145 and Development Agreement Amendment DRC2008-00385. SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT DRC2008-00381 AND VICTORIA ARBORS MASTER PLAN AMENDMENT DRC2009-00146 -FOREST CITY ENTERPRISES, INC - A proposed amendment to the text of the Victoria --- - ----Arbors Master Plan-to-include references to-the VGMP and- clarify that the VGMP shall control the land uses in the VGMP area for the Victoria Gardens Regional Mixed Use Lifestyle Center, located in the eastern portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the south, Church Street to the north, Day Creek Boulevard to the west and Interstate I-15 to the east. Related Files: Environmental Impact Report DRC2008-00381, General Plan Amendment DRC2008-00384, Victoria Community Plan Amendment DRC2008-00383, Victoria Gardens Master Plan Amendment DRC2009-00145, and Development Agreement Amendment DRC2008-00385. EXHIBIT A CITY COUNCIL STAFF REPORT DRC2008-00381 -FOREST CITY ENTERPRISES, INC. May 6, 2009 Page 2 SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT DRC2008-00381 AND VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2009-00145 -FOREST CITY ENTERPRISES, INC.- A proposed amendment to the Victoria Gardens Master Plan (VGMP) modifying "Permissible Building Areas" to reallocate Dwelling Unit and Commercial Office square footage, ihcrease the average building heights and change building setback requirements within the Main Street Area, and clarifying permitted and conditionally permitted uses within the VGMP, located in the eastern portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the south, Church Street to the north, Day Creek Boulevard to the west and Interstate I- 15 to the east. Related Files: Environmental Impact Report DRC2008-00361, General Plan Amendment DRC2008-00384, Development Agreement Amendment DRC2008-00385, Victoria Community Plan Amendment DRC2008-00383, Victoria Arbors Master Plan Amendment DRC 2009-00146. A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT DRC2008-00381 AND DEVELOPMENT AGREEMENT AMENDMENT DRC2008-00385 -FOREST CITY ENTERPRISES, INC. - A proposed amendment to Development Agreement DA01- 02 to incorporate General Plan Amendment DRC2008-00384; Victoria Community Plan Amendment DRC2008-00383; Victoria Arbors Master Plan Amendment DRC2009-00146 and Victoria Gardens Master Plan Amendment DRC2009-00145 into the vested rights applicable to the Victoria Gardens Regional Mixed Use Lifestyle Center, located in the eastern portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the south, Church Street to the north, Day Creek Boulevard to the west and Interstate I-15 to the east. Related Files: Environmental Impact Report DRC2008-00381, General Plan Amendment DRC2008-00384; Victoria Community Plan Amendment DRC2008-00383, Victoria Arbors Master Plan Amendment DRC 2009-00146, and Victoria Gardens Master Plan Amendment DRC2009-00145.) RECOMMENDATION: Staff recommends that the City Council take the following actions: Approve the Resolution certifying the Final Supplemental EIR for all applications, and adopting the Statements of Facts and Findings and Overriding Considerations and the Mitigation Monitoring and Reporting Program; and 2. Approve the Resolution for General Plan Amendment DRC2008-00384; and 3. Adopt the Ordinance approving Victoria Community Plan Amendment DRC2008-00363; and Adopt the Ordinance approving Victoria Arbors Master Plan Amendment DRC2009- 00146; and P282 5. Adopt the Ordinance approving Victoria Gardens Master Plan DRC2009-00145; and CITY COUNCIL STAFF REPORT DRC2008-00381 -FOREST CITY ENTERPRISES, INC. May 6, 2009 Page 3 6. Adopt the Ordinance approving the third amendment to Development Agreement (DA01- 02) DRC2008-00385. BACKGROUND: The applicant has requested a series of amendments to the Victoria Gardens Master Plan, the Victoria Arbors Master Ptan, the Victoria Community Plan, the City's General Plan, and a development agreement between the City and the applicant. The Victoria Gardens Master Plan and associated Environmental Impact Report were approved on February 20, 20D2 and allows for approximately 2.45 million square feet of retail, office, and civic uses as well as up to 600 multiple-family residential units. Approximately 52% (36% built and 16% approved but not built) of the approved residential dwelling units and 57% of the approved commercial, office, and civic uses included in the Victoria Gardens Master Plan have already been completed. The proposed amendments do not increase the total amount of allowed development, but are designed to allow for the most efficient use of available land area within the VGMP Project area, and to allow for creative and distinctive building design solutions in achieving these goals. The requested amendments are discussed in greater detail in the attached Planning Commission report dated April 8, 2009. Planning Commission Summary On April 8, 2009 the Planning Commission conducted a public hearing to review the proposed amendments. At the meeting staff presented a power point presentation to describe the proposed amendments and environmental impacts of the project. The applicant Forest City Enterprises, INC, also presented a power point presentation to illustrate how the proposed amendments will accommodate the future build out of the Victoria Gardens Lifestyle Center. No additional public comments were received during the public hearing. The Planning Commission found the proposal appropriate and adopted the resolutions forwarding a recommendation to the City Council for certification of the SEIR and approval of the associated amendments. P283 ENVIRONMENTAL ASSESSMENT: An EIR for the Victoria Gardens project was previously certified on February 20, 2002 in connection with the City's original approval of the Victoria Gardens Project. Staff evaluated the proposed amendments, and based upon the potential impacts of the project, determined that a Supplemental EIR would be necessary to evaluate the environmental issues raised by the modifications to the Victoria Gardens Master Plan and associated applications. Two major environmental categories were evaluated in the Draft SEIR; Aesthetics and Air Quality, and the other fourteen major categories were found to be insignificant in the Initial Study prepared for the project and therefore were not evaluated in the SEIR. The SEIR concludes that upon implementation of the project and all recommended mitigation_measures,_the Aesthetics and-Air-Quality-impacts- associated-with-the proposed project would remain significant. A Statement of Facts and Findings and Overriding Considerations must be adopted for the project in accordance with CEQA Section 21081. A summary of all of the project-related impacts and the recommended mitigation measures is provided in the SEIR and in Exhibit "D" attached to the April 8, 2009 Planning Commission Staff report. At the April 8, 2009 Planning Commission meeting the Commission found that the SEIR was prepared in compliance with California Environmental Quality Act (CEQA) and recommended certifying the SEIR as complete and adequate. Additionally, the Planning Commission reviewed CITY COUNCIL STAFF REPORT DRC2008-00381 -FOREST CITY ENTERPRISES, INC. May 6, 2009 Page 4 the unavoidable impacts of the project and determined that the economic and social benefits outweighed the adverse impacts and unanimously recommended that the Council adopt the Statements of Facts and Findings and Overriding Considerations. FACTS FOR FINDING: The Planning Commission recommends the City Council make the findings and conclusions as contained in the attached Resolution for Statements of Facts and Findings and Overriding Considerations. CORRESPONDENCE: This item was advertised with a large, 1/8th page legal ad 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. All tracts that were touched by the 660-foot radius were fully included in the mailing. In addition, all individuals that provided comments during the comment period received copies of the Final Supplemental EIR at least 10 days prior to the Planning Commission hearing as required by the California Quality Act. CONCLUSION: The Victoria Gardens Master Plan approved in 2002; was prepared as the governing land use and design document for the approximately 174-acre project site. The proposal to amend the approved VGMP and related documents will allow the developer flexibility to construct the remaining number of dwelling units and undeveloped square footage of office/retail space. The proposed amendments would encourage compatible residential infill development within the Main Street Area and allows for medium and high density residential and mixed-use projects. Respectfully submitted.~~ ~~~ ~ ~ U James Troyer, AICP Planning Director JT:CB/Is Attachments: Exhibit A -Final SEIR (Previously provided under separate cover) Exhibit B -Planning Commission Staff Report dated April 8, 2009 Exhibit C -Planning Commission Minutes dated April 8, 2009 Resolution Certifying the Final SEIR _ _ Resolution.Approving-General-Plan Amendment DRC2008-00384-- Ordinance Approving Victoria Community Plan Amendment DRC2008-00383 Ordinance Approving Victoria Gardens Master Plan Amendment DRC2009-00145 Ordinance Approving Victoria Arbors Master Plan Amendment DRC2009-00146 Ordinance Approving the Third Development Agreement Amendment DRC2008- 00385 P284 P285 CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting June 24, 2009 Chairman Fletcher called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:10 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: Candyce Burnett, Senior Planner, Steven Flower, Assistant City Attorney; Steve Fowler, Betty Miller, Associate Engineer; Corkran Nicholson, Assistant Planning Director; Lois Schrader, Planning Commission Secretary; James Troyer,, Planning Director; Tabe Van der Zwaag, Associate Planner Y Y h M + ANNOUNCEMENTS Nane ..._. APPROVAL OF MINUTES Motion:, Moved by Stewart, seconded by Munoz, carried 5-0, to approve the minutes of June 10, 2009. FII Fk PUBLIC HEARINGS ,L A. DEVELOPMENT CODE AMENDMENT DRC2009-00452 - CITY OF RANCHO CUCAMONGA- '/~` A proposed amendment to the Development Code, amending Section 17.14.040. to clarify that the Victoria Gardens Master Plan shall control the development process in the VGMP area for the Victoria Gardens Regional Mixed Use_Lifes_tyle_Center,_located_inthe easteraportion.of.the- City of Rancho Cucamonga bordered by Foothill Boulevard to the south, Church Street to the north, Day Creek Boulevard to the west and Interstate I-15 to the east. Related Files: Environmental Impact Report DRC2008-00381, General Plan Amendment DRC2008-00384, Victoria Community Plan Amendment DRC2008-00383, Victoria Arbors Master Plan Amendment DRC2009-00146, Victoria Gardens Master Plan Amendment DRC2009-00145 and, Development Agreement Amendment DRC2008-00385. This item will be forwarded to the City Council for final action. Candyce Burnett, Senior Planner, gave the staff report and emphasized that this minor text amendment is being made to ensure consistency between the various planning documents as they relate to the recently approved Victoria Gardens amendments. EXHIBIT B P286 Chairman Fletcher opened the public hearing and hearing and seeing no comment, closed the public hearing. Vice Chairman Munoz noted that this is a fairly routine request. Commissioner Stewart concurred that it is a housekeeping item for consistency and moved approval. Motion: Moved by Stewart, seconded by Munoz, to adopt the resolution recommending approval of Development Code Amendment DRC2009-00452 to be forwarded to the City Council for final action. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: NONE ABSENT: .NONE -carried ._._. VARIANCE - DRC2007-00396 - JALAL NOORZADY -A request to reduce the fired corner side yard setback from 27 feet to 21 feet for the purpose of building a sing ily residence. The property is located in the Low residential (L) district (2-4 dwelling~u per acre) at the southeast corner of Amethyst Avenue and 19th Street - APN: 207,x1`1 5. The project has been determined to be categorically exempt from the re~q rre ents of the California Environmental Quality Act (CEQA) as a Class 5 exemptior~ru r State CEQA Guidelines Section 15305, which covers minor alterations in land use linii ions and includes variances for side yard setbacks. ,~'~ Tabe van der Zwaag, Associate Planner, gave the sta#'' port and emphasized that the applicant has made many changes to reduce the impact of the h" se in relation to the neighboring properties. Pete Volbeda, Architect, said he hoped the Co fission liked the changes such as reducing the overall square footage, reducing the mass of ~e house, adding the French influence design and minimizing the appearance of the house for:- a adjoining neighbors. He asked for approval. Clark Bosen, 9529 19th Street and stat ' he also owns the house to the west (9517 19th Street) of the subject lot. He said some of his neighbors said they were going to send a letter opposing the project. He said that the 28 new ho ~ s on the west side of Amethyst were in the $700,000 range at the time they were purchased (2 ~ ars ago) and that with only one ingress/egress from that tract, there has been an increase in t icon Amethyst and that should be looked into with a traffic study. He said Mr. Noorzady shout ave considered the constraints of building on this particular lot when he purchased it. He maint ned that this two story house would stick out like a sore thumb next to two single-story homes. He said it is substandard, and that lot is too small for the house. He requested denial of th,~project. He added that he fears it will become a rental. _ Commissioner_Ho dyshell_commented.-that-it-appears-the-applicant-worked-hard-to-modify-and scale the house the size of the lot. She said they did everything the Design Review Committee asked for. Commiss' ner Wimberly concurred. He said his only concern is about the size of the lot and that if that wa he concern then perhaps those complaints should have been brought forward at the time of th esign Review. He said the applicant bent over backwards to comply with the requested ch ges and to create a home on the property that he was allowed to purchase and that now they work with the applicant to see that thos~gP~ ~ro hrni inht ahOUt. Planning Commission Minutes -2- June 24, 2009 P287 RESOLUTION N0.09-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT DRC2009-00452 A REQUEST TO AMEND SECTION 17.14.040.F. TO CLARIFY THAT THE VICTORIA GARDENS MASTER PLAN SHALL CONTROL THE DEVELOPMENT PROCESS IN THE VGMP AREA FOR THE VICTORIA GARDENS REGIONAL MIXED USE LIFESTYLE CENTER, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Development CodeAmendment No. DRC2009-00452, as described in the title ofthis Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the application." 2. On the 24th day of June 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. 3. 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 specifcally. finds that all of the facts set forth in the Recitals, Part A, ofthis Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commissidn during the above- referenced public hearing on June 24, 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 Development Code Text Amendment contemplates amending Section 17.14.040, Adopted Planned Communities, Section F to read: Development within the planned communities is subject to the review process as contained in Chapters 17.04 and 17.06. unless the text of the applicable community plan provides otherwise. c. The proposed amendment will not have a significant impact on the environment. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. This Development Code 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. This Development Code Text Amendment does promote the goals and objectives PLANNING COMMISSIOty .cSOLUTION NO. 09-23 DCA DRC2009-00452 -CITY OF RANCHO CUCAMONGA June 24, 2009 Page 2 of the Development Code; and c. The proposed amendment Development Code Text Amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. The subject application is consistent with the objectives the Development Code; and e. The proposed amendment is in conformance with the General Plan. 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 fnds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection 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, the City certified an Environmental Impact Report (EIR) on May 6, 2009 in connection with the City's approval of the Victoria Gardens Master Plan Amendment. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. P288 b. The Planning Commission finds, in connection with the Development Code Text Amendment that substantial changes to the project or the circumstances surrounding the project have not occurred which would create new or more severe impacts than those evaluated in the previously certified EIR. The Development Code Amendment will clarify in the Development Code that the Victoria Gardens Master Plan shall control the development process in the VGMP area. The Master .Plan Amendments were approved by the City Council on May 6, 2009 for the Victoria Gardens Mixed Use Lifestyle Center. Staff further finds that the project will not have one or more significant effects not discussed in the previously certified EIR, not have more severe effects than previously analyzed,.and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. The proposed amendments and.impacts. ___ were thoroughly analyzed in the Supplemental Environmental Impact Report and the Development Code Amendment is to clarify in the Development Code that the Victoria Gardens Master Plan shall control the development process in the VGMP area. c. Based on these findings and all evidence in the record, the Planning Commission concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of the Development Code Text Amendment. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Development Code Amendment No. DRC2009- 00452 by the adoption of the attached City Council Ordinance. PLANNING COMMISSION .SOLUTION NO. 09-23 DCA DRC2009-00452 -CITY OF RANCHO CUCAMONGA June 24, 2009 Page 3 The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF JUNE 2009. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ~''~` `: ~J~'~t/ Richard B. Fletcher, Chairman ATTEST: '~ Ja s R. Troyer, AICP, Sec tary I, James R. Troyer, AICP, Secretary of the Planning Commission ofthe 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 24th day of June 2009 by the following vote-to-wit: P289 AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUMOZ, STEWART, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE P290 ORDINANCE NO. S ~ 7 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2009-00452 A REQUEST TO AMEND SECTION 17.14.040. F. TO CLARIFY THAT THE VICTORIA GARDENS MASTER PLAN SHALL CONTROL THE DEVELOPMENT PROCESS IN THE VGMP AREA FOR THE VICTORIA GARDENS REGIONAL MIXED USE LIFESTYLE CENTER, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Development Code Amendment No. DRC2009-00452, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Text Amendment is referred to as "the application." 2. On June 24, 2009, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Development Code Text Amendment and, following the conclusion thereof, adopted its Resolution No. 09 '*, recommending that the City Council ~ of the City of Rancho Cucamonga adopt said Development Code Text Amendment DRC2009-00452. 3. On July 15, 2009, the City Council of the City. of Rancho Cucamonga conducted a duly-noticed public hearing on the application. 4. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance NOW, THEREFORE, it is hereby found, determined, and ordained by the City Council of the City of Rancho Cucamonga as follows: 1. Recitals. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Findings. Based upon substantial evidence presented to the City Council during the above- _ referenced public hearing-on July-15-2009-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. As shown and attached hereto as Exhibit "A", the application proposes changing Section 17.14.040.E of the Development Code; and c. The proposed Development Code Text Amendment will not have a significant impact on the environment. EXHIBIT C CITY COUNCIL ORDINANCE NO. DRC2009-00452 -City of Rancho Cucamonga July 15, 2009 Page 2 P291 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 Development Code 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 develooment: and b. The proposed Development Code Text Amendment does promote the goals and objectives of the Development Code, and; c. The proposed Development Code Text Amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. The subject application is consistent with the objectives the Development Code; and e. The proposed amendment is in conformance with the General Plan. 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 connection 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, the City certified an Environmental Impact Report (EIR) on May 6, 2009 in connection with the City's approval of the Victoria Gardens Master Plan Amendment. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. b. The City Council finds, in connection with the Development Code Text Amendment that substantial changes to the project or the circumstances surrounding the project have not occurred which would create new or more severe impacts than those evaluated in the previously certified EIR, The_ Development Code Amendment will clarify in the Development Code that the Victoria Gardens Master Plan shall control the development process in the VGMP area. The Master Plan Amendments were approved by the City Council on May 6, 2009 for the Victoria Gardens Mixed Use Lifestyle Center. Staff further finds that the project will not have one or more significant effects not discussed in the previously certified EIR, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. The proposed amendments and impacts were thoroughly analyzed in the Supplemental Environmental Impact Report and the Development Code Amendment is to clarify in the Development Code that the Victoria Gardens Master Plan shall control the development process in the VGMP area. c. Based on these findings and all evidence in the record, the City Council concurs with CITY COUNCIL ORDINANCE NO. DRC2009-00452 -City of Rancho Cucamonga July 15, 2009 Page 3 P292 the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of the Development Code Text Amendment. d. The custodian of records for the Initial Study, Supplemental Environmental Impact Report, 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 Development Code Text Amendment DRC2009-00452, 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. 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 Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. APPROVED AND ADOPTED THIS 15TH DAY OF JULY 2009. CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA BY: Dr. Donald J. Kurth, Mayor -- .I,-.Janice-C.-Reynolds, 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 held on the 15th day of July 2009, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 15th day of July, 2009, by the following vote: AYES: COUNCILMEMBERS: NOES. COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY COUNCIL ORDINANCE NO. DRC2009-00452 -City of Rancho Cucamonga July 15, 2009 Page 4 Exhibit A Text Amendments to the Development Code P293 Section 17.14.040 Adopted Planned Communities, Section F is hereby amended to read as follows: "Development within the planned communities is subject to the review process as contained in Chapters 17.04 and 17.06 unless the text of the applicable community plan provides otherwise. " P294 STAFF REPORT CI'n' bf 1NdGER'S OFFICE ~ RANCHO Date: July 15, 2009 CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Fabian A. Villenas, Principal Management Analyst Subject: DESIGNATION OF A VOTING REPRESENTATIVE AND ALTERNATES FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL MEETING RECOMMENDATION It is recommended that the City Council designate one Voting Delegate and two Alternates for the Business Session of the Annual League of California Cities Conference BACKGROUND This year's Annual League of California Cities Conference is scheduled for Wednesday, September 16 through Friday, September 18, 2009, in San Jose. The Business Session will take place on Friday, September 18, 2009 at 3:15 p.m. The membership will be taking action on Conference Resolutions, which establish League policy on municipal issues of statewide importance. The League of California Cities (i.e., the "League") requires that each member city designate one (1) Voting Delegate and two (2) Alternates, which according to the League bylaws must be designated by an official vote of the City Council. The designated Voting Delegate and Alternates must be registered to attend the Conference and sign in at the League Voting Desk. Only one (1) Voting Card will be provided at sign-in to be used by either the Voting Delegate OR the Alternates. The task of voting at the Business Session cannot be transferred to any other city official beyond the designated Voting Delegate and Alternates. The Voting Delegate and Alternates may be designated at the Council's discretion from Council Members or City Staff scheduled to attend the Conference. Either the Voting Delegate or the Alternates must be present with the Voting Card at the Business Session to vote. CONCLUSION For your consideration, it is offered as a recommendation that the City Council designate one Council Member to serve as the_prima_ry Delegate and another Council_Member attendee_to_serve as an Alternate; with Staff or an additional Council Member serving as the second Alternate. Respectfully Submitted, 1 abian A. Villenas Principal Management Analyst Attachment -League Annual Conference Voting Procedures and Submittal Form P295 t'~ LEAGUE ~:f~~,;~_"~- Of CALIFORNIA ~_~`~~- CITIES 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 www cacities.org Annual Conference Voting Procedures 2009 Annual Conference One City One Vote. Each member cit}~ has a right to cast one vote on matters pertaining to League policy. 2. Designating a City Voting Representative. Prior to the Annual Conference; each city council may designate a voting delegate and up to two altemates; these individuals are identified on the Voting Delegate Form provided to the League Credentials Committee. Registering with the Credentials Committee. The voting delegate, or altemates, may pick up the city's voting cazd at the Voting Delegate Desk in the conference registration area. Voting delegates and altemates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or altemates) and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk may sign petitions to initiate a resolution. Voting. To cast the city's vote; a city official must have in his or her possession the citt~'s voting cazd and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate. 6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting cazd will sit in a separate area. Admission will be limited to those individuals with a special sticker on their name badge identifi~ing them as a voting delegate or alternate. 7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a cit}~ official to vote at the Business Meeting. `'~~ ,~ oFE ALI ForL1 E ~~M..~`~,.._ C I T I E S CITY: 2009 ANNUAL CONFERENCE VOTING DELEGATE/ALTERN'ATE FORM Please complete this form and return it to the League office by Friday, August 21, 2009. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. four city council may designate one voting delegate and up to two alternates. In order to vote at the Annual Business Meeting, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Votine delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this special area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk. 1. VOTING DELEGATE Name: Title: 2. VOTING DELEGATE -ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Title: Title: PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES. OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s). -- ----Name:- Title: E-mail Phone: Date: Please complete and return by Fridav, August 2] to: League of California Cities FAX: (916) 658-8240 ATTN: Mary McCullough E-mail: mccullom@cacities.org 1400 K Street (916) 6>8=8247 Sacramento, CA 9814 V of ingDelegateLetter09.doc J,. ~ T ~, ~ o FE AEG U E ~CITIES~ CITY: Rancho Cucamonga - ,~ 2009 ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE FORM Please complete this form and return it to the League office by Friday, August 21, 2009. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates. In order to vote at the Annual Business Meeting, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this special area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk. 1. VOTING DELEGATE Name: Sam Spagnolo Title: Council Member 2. VOTING DELEGATE-ALTERNATE Name: L. Dennis Michael OR Fabian Villenas Title: t4avor Pro Tem Title: Mayor Principal Management Analyst PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES. OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate/and alternate(s). (' ~ c.~~~c•.~ M~- ~ 7/~~a 9 Name: I ` ~ Gtir /-1E-mail Debra.McNay@cityofrc.us Title: Assistant City C1 rk/Records phone: 909-477-2700 x 2005 Manager Date: 9~blo 9 Please comnlete and return by Fridav, August 21 to League of California Cities FAX: (916) 658-8240 ATTN: Mary McCullough E-mail: mccullom@cacities.org 1400 K Street (916)68-8247 Sacramento, CA 95814 3. VOTING DELEGATE -ALTERNATE Name: Don Kurth V o[ingDelepamLetteA9.doc