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HomeMy WebLinkAbout2009/07/01 - Agenda Packet-.t 'a 10500 Civic Center Drive ~ Rancho Cucamonga, CA 91730-3801 City Office: (909) 477-2700 AGENi»S REDEVELOPMENT AGENCY FIRE PROTECTION DISTRICT BOARD CITY COUNCIL REGULAR MEETINGS 1g~ and 3rd Wednesdays 4 7:00 P.M. JULY 1, Zoo9 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 ORDF,R OF BUSINESS CLOSED SESSION Tapia Conference Room............ 5:00 P.M. REGULAR MEETING Council Chambers ........................ 7:00 P.M. ;~~' ~ INFORMATION FOR THE PUBLIC ' ~~ jZnNCyo L;UCAMONGA TO ADDRESS THE REDEVELOPMENT AGENCY, FIRE BOARD AND CITY COUNCIL The Agency, Fire Board and City Council encourage free expression of all points of view. To allow all persons to speak, given the length of the Agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Agency, Fire Board or City Council by filling out a speaker card and submitting it to the City Clerk. The speaker cards are located on the wall at the back of the Chambers, at the front desk behind the staff table and at the City Clerk's desk. During "Public Communications," your name will be called to speak on any item listed or not listed on the agenda in the order in which it was received. !f as part of your presentation, you would like to display audio or visual material, please see the City Clerk before the meeting commences. If you are present to speak on an "Advertised Public Hearing" item, your name will be called when that item is being discussed. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. Any handouts for the Agency, Fire Board or City Council should be given to the City Clerk for distribution AGENDA BACK-UP MATERIALS Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter, Public Library and on the City's website. A complete copy of the agenda is also available at the desk located behind the staff table during the Council meeting. LIVE BROADCAST Agency, Fire Board and Council meetings are broadcast live on Channel 3 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 11:00 a.m. and 7:00 p.m. The City has added the option for customers without cable access to view the meetings "on-demand" from their computers. The added feature of "Streaming Video On Demand" is available on the City's website at www.ci.rancho- cucamonga.ca.us/whatsnew.htm for those with Hi-bandwidth (DSUCable Modem) or Low-bandwidth (Dial-up) Internet service. The Agency, Fire Board and City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. Members of the City Council also sit as the Redevelopment Agency and the Fire District Board. Copies of the agendas and minutes can be found at http:flwww.ci.rancho-cucamonga.ca.us If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Please turn off all cellular phones and pagers while the meeting is in session. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA _ JULY 1, 2009 A. 5:00 P.M. -CLOSED SESSION CALL TO ORDER - TAPIA ROOM 1. Roll Call: Mayor Kurth Mayor Pro Tem Michael Councilmembers Gutierrez, Spagnolo and Williams CLOSED SESSION CALLED TO ORDER AS THE REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND THE CITY COUNCIL. B. ANNOUNCEMENT OF CLOSED SESSION ITEM S C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) D. CONDUCT OF CLOSED SESSION 1. LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54954.2 TO GIVE JOHN GILLISON, DEPUTY CITY MANAGER AND PAMELA EASTER, ASSISTANT CITY MANAGER, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS -RDA, City, Fire 2. CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A) - CAMPBELL V. CITY OF RANCHO CUCAMONGA, CASE NO. CIVRS905562 -City E. CITY MANAGER ANNOUNCEMENTS F. RECESS CLOSED SESSION TO RECESS TO THE REGULAR REDEVELOPMENT AGENCY AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA JULY 1, 2009 G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. THE REGULAR MEETINGS OF THE REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL WILL BE CALLED TO ORDER. IT IS THE INTENT TO CONCLUDE THE MEETINGS BY 10:00 P.M., UNLESS EXTENDED BY CONCURRENCE OF THE AGENCY, FIRE BOARD AND COUNCIL. G1. Pledge of Allegiance G2. Roll Call: Mayor Kurth Mayor Pro Tem Michael Councilmembers Gutierrez, Spagnolo and Williams H1. Recognition of Victoria Johnson, Office Specialist II, Animal Care Services, for her fundraising efforts in conjunction with her successful completion of the LA Marathon. I. This is the time and place for the general public to address the Redevelopment Agency, Fire Protection District and City Council on any item listed or not listed on the agenda. State law prohibits the Agency, Fire Board, or City Council from addressing any issue not previously included on the Agenda. The Agency, Fire Board, or City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Agency, Fire Board or City Council, not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. 2 REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNC[L AGENDA JULY 1, 2009 J. CONSENT CALENDAR -REDEVELOPMENT AGENCY 3 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. ~~ 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. 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 3 9 REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA JULY 1, 2009 ~~ 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 Grove, 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). 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 (Equipment/Vehicle 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. 3B 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. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DRC2008-00587 4 49 87 88 89 91 93 94 REDEVELOPMENT AGENCY, - FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA 5 Rntviceo JULY 1, 2009 ~UCAMONGA L7. Approval of annual review and amendment to Medical Savings Agreement 06.247. 103 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 ~ 107 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. 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. 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. 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. M3. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING ELECTRIC RATES, FEES, AND CHARGES PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE 110 188 190 192 274 315 REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA JULY 1, 2009 RaNCHO _ _ CUCAMONtJA RESOLUTION NO. 09-140 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 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) 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. CONSIDERATION OF THE CITY COUNCIL COMMUNITY SERVICES SUBCOMMITTEE'S RECOMMENDATION FOR APPOINTMENTS TO THE COMMUNITY FOUNDATION 03. CONSIDERATION OF THE CITY COUNCIL LIBRARY SUBCOMMITTEE'S RECOMMENDATION FOR APPOINTMENTS TO THE LIBRARY BOARD OF TRUSTEES AND THE LIBRARY FOUNDATION 04. LEGISLATIVE AND REGIONAL UPDATES (oral report) P. IDENTIFICATION OF ITEMS FOR NEXT MEETING Q. ADJOURNMENT I, Debra L. McKay, Assistant City ClerklRecords Manager of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on June 25, 2009, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. 6 316 342 343 June 15, 2009 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES REDEVELOPMENT AGENCY MINUTES FIRE PROTECTION DISTRICT MINUTES SPECIAL MEETING ' `A. CALL TO ORDER A special meeting of the Rancho Cucamonga City Council, Redevelopment Agency and Fire Protection District was held on Monday, June 15, 2009, in the Council Chambers at the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Pro Tem/Vice Chairman/Vice President L. Dennis Michael called the meeting to order at 6:00 p.m. Present were Councilmembers/Agencymembers/Boardmembers: Rex Gutierrez, Sam. Spagnolo and Mayor Pro Tem/Vice Chairman/Vice President L. Dennis Michael. Mayor/Chairman/President Donald J. Kurth, M.D. and Councilmember/Agencymember/Boardmember Diane Williams were absent. Also present were: Jack Lam, City Manager/Executive Director; Linda D. Daniels, Redevelopment Director; James Frost, City Treasurer; John Gillison, Deputy City Manager/Community Development; Tamara Layne, Finance Director; Robert Karatsu, Library Director; Chief Joe Cusimano, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Mark Steuer, Director Engineering Services/City Engineer; Bill Wittkopf, Public Works Services Director; Fabian Villenas, Principal Management Analyst; Kathy Scott, Deputy City Clerk; and Debra L. McKay, Assistant City Clerk/Records Manager. B. PUBLIC COMMUNICATIONS No communication was made from the public. Jack Lam, City Manager, recommended that Agenda Item H.2. (A Resolution Authorizing the City Attorney to Cooperate with the League of California Cities, other Cities and Counties in Litigation Challenging the Constitutionality of any Seizure by State Government of the City's Street Maintenance (HUTA) Funds) be added to the agenda by urgency in light of the Joint Budget Conference Committee's endorsement of the proposed seizure of these funds. He indicated that the need to consider this Resolution arose after the posting of the June 15, 2009 agenda last week. MOTION: Moved by Spagnolo, seconded by Gutierrez, to add Item H.2. to the City Council agenda. Motion carried unanimously. Mayor Kurth and Councilmember Williams were absent. C. CONSENT CALENDAR-REDEVELOPMENT AGENCY C1. APPROVAL OF A RESOLUTION IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION 33445 WHICH AUTHORIZES THE REDEVELOPMENT AGENCY TO EXPEND FUNDS FOR LAND AND PUBLIC IMPROVEMENTS THAT ARE OF BENEFIT TO THE PROJECT AREA Special City Council/Redevelopment Agency/Fire Protection District Meeting June 15, 2009 -Page 1 of 8 RESOLUTION NO. RA 09-011 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, REGARDING PROJECTS BENEFITTING ITS RANCHO REDEVELOPMENT PROJECT AND MAKING CERTAIN FINDINGS IN REGARD C2. CONSIDERATION TO ADOPT THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY'S ANNUAL BUDGET FOR FISCAL YEAR 2009/10 RESOLUTION NO. RA 09-012 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, CALIFORNIA, ADOPTING THE AGENCY'S FISCAL YEAR 2009/10 BUDGET C3. APPROVAL OF ANNUAL LOAN TRANSACTION BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY. AND SETTING THE INTEREST RATE ON THE LOAN. AS WELL AS INTER-FUND LOANS MOTION: Moved by Spagnolo, seconded by Gutierrez to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously. Chairman Kurth and Agencymember Williams were absent. D. CONSENT CALENDAR-FIRE PROTECTION DISTRICT D1. APPROVAL OF A RESOLUTION TO REAFFIRM THE LEVEL OF FISCAL RESERVES FOR THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT RESOLUTION NO. FD 09-024 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, REAFFIRMING THE LEVEL OF FISCAL RESERVES FOR THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT D2. APPROVAL OF A RESOLUTION ADOPTING THE NEW SALARY RESOLUTION FOR FIRE DISTRICT EMPLOYEES FOR FISCAL YEARS 2009 - 2010 (P13) RESOLUTION NO. FD 09-025 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE SALARY SCHEDULE FOR FISCAL YEAR 2009 - 2010 MOTION: Moved by Spagnolo, seconded by Gutierrez to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously. President Kurth and Boardmember Williams were absent. Special City Council/Redevelopment Agency/Fire Protection District Meeting June 15, 2009 -Page 2 of 8 E.. CONSENT CALENDAR-CITY COUNCIL The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the City Council at one time without discussion. Any item may be removed by a Councilmember for discussion. E1. RESOLUTION NO. 09-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REGARDING PROJECTS BENEFITTING THE RANCHO REDEVELOPMENT PROJECT AND MAKING CERTAIN FINDINGS IN REGARD E2. APPROVAL OF A RESOLUTION TO REAFFIRM THE LEVEL OF FISCAL RESERVES FOR THE CITY OF RANCHO CUCAMONGA RESOLUTION NO. 09-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REAFFIRMING THE LEVEL OF FISCAL RESERVES FOR THE CITY OF RANCHO CUCAMONGA E3. APPROVAL OF ANNUAL LOAN TRANSACTION BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY. AND SETTING THE INTEREST RATE ON THE LOAN. AS WELL AS INTER-FUND LOANS E4. APPROVAL OF A RESOLUTION ADOPTING THE NEW SALARY RESOLUTION FOR CITY EMPLOYEES FOR FISCAL YEAR 2009 - 2010 RESOLUTION NO. 09-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE SALARY SCHEDULE FOR FISCAL YEAR 2009-2010 INCLUDING CITY COUNCIL BENEFITS. MOTION: Moved by Gutierrez, seconded by Spagnolo to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously. Mayor Kurth and Councilmember Williams were absent. -F. ADVERTISED PUBLIC HEARING' FIRE PROTECTION DISTRICT The following items have been advertised and/or posted as public hearings as required by law. F1. AND RESCINDING SECTION 2 AND 3 OF RESOLUTION NO. FD 06-015 Special City Council/Redevelopment Agency/Fire Protection District Meeting June 15, 2009 -Page 3 of 8 RESOLUTION NO. FD 09-026 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A REVISED FEE SCHEDULE FOR INSPECTION FEES AND PERMIT FEES, AND RESCINDING SECTION 2 AND SECTION 3 OF RESOLUTION NO. FD 06-015 A staff report was presented by Jack Lam, City Manager/Secretary. In response to Boardmember Gutierrez, Mr. Lam confirmed that the revised fee schedule was reflected in the proposed Fire Protection District budget for Fiscal Year 2009/10. Boardmember Gutierrez inquired about the permitting requirements for a church that uses candles in their services. In response, Chief Bryan indicated that all public assemblies are required to be inspected and receive permits. Churches are not charged for an open flame permit. Boardmember Gutierrez inquired about the fee requirement for anon-profit school district organization that holds an assembly with sparklers. In response, Chief Bryan stated that no fees are charged to a public school that wishes to hold an assembly. However, if a special event was held, there would be an inspection and the appropriate fee would be charged. Boardmember Gutierrez indicated that he understood the need for the fee; however, he expressed a concern with the impact to businesses in light of the economic crisis. Vice President Michael noted that churches may have been charged a fee for using candles in the past, but now they are not. He stressed that no fees are being increased and noted that some fees are being lowered. Chief Bryan concurred, indicating that of the 124 inspection fees, 50% will be reduced. There are some new categories in the Fire Code for which fees will be established. There are no fee increases. Boardmember Gutierrez indicated that if a business had not previously been inspected, they would believe that this is a new fee. The concern was the impact to businesses from fees which have not previously been imposed. Vice President Michael opened the public hearing. With no one wishing to speak, Vice President Michael closed the public hearing. MOTION: Moved by Gutierrez, seconded by Spagnolo to approve Resolution No. FD 09-026. Motion carried unanimously. President Kurth and Boardmember Williams were absent. G CITY MANAGER'S STAFF REPORTS-FIRE PROTECTIONDISTRICT The following items have no legal publication or posting requirements. G1. CONSIDERATION TO ADOPT THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT GENERAL FUND PRELIMINARY BUDGET IN THE AMOUNT OF $22.146.750 FOR FISCAL YEAR 2009/10 AND SET FINAL APPROVAL OF FINAL BUDGET FOR JULY 15. 2009 A staff report was presented by Jack Lam, City Manager/Secretary. In response to Vice President Michael, Mr. Lam addressed the adoption of the Fire Protection District budget as well as the Redevelopment Agency and City budgets. None of these budgets reflect a decrease in existing service levels; however, there were challenges in each of .these budgets and Special City Council/Redevelopment Agency/Fire Protection District Meeting June 15, 2009 -Page 4 of 8 everyone has done a great job in working together to identify and cut costs. Mr. Lam indicated that five of the labor groups have agreed to a 0% cost of living adjustment this year. MOTION: Moved by Spagnolo, seconded by Gutierrez to approve staffs recommendation. Motion carried unanimously. President Kurth and Boardmember Williams were absent. G2. ADOPTION OF FISCAL YEAR 2009/10 GENERAL FUND'S ARTICLE X111B APPROPRIATIONS LIMIT RESOLUTION NO.FD 09-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING APPROPRIATIONS LIMIT FOR FISCAL YEAR 2009/10 A staff report was presented by Jack Lam, City Manager/Secretary. MOTION: Moved by Gutierrez, seconded by Spagnolo to adopt Resolution FD 09-027. Motion carried unanimously. President Kurth and Boardmember Williams were absent. G3. CONSIDERATION OF APPROVAL OF A RESOLUTION ADOPTING AN ANNUAL BUDGET IN THE AMOUNT OF $5.843.540 FOR FISCAL YEAR 2009/10 IN COMMUNITIES FACILITIES DISTRICT NO. 85-1 RESOLUTION NO. FD 09-028 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, APPROVING AND ADOPTING A BUDGET FOR MELLO-RODS COMMUNITY FACILITIES DISTRICT NO. 85-1 FOR FISCAL YEAR 2009/10 A staff report was presented by Jack Lam, City Manager/Secretary. MOTION: Moved by Spagnolo, seconded by Gutierrez to adopt Resolution FD 09-028. Motion carried unanimously. President Kurth and Boardmember Williams were absent. G4. CONSIDERATION OF APPROVAL OF A RESOLUTION ESTABLISHING THE MAXIMUM TAX WHICH COULD BE LEVIED IN COMMUNITIES FACILITIES DISTRICT NO. 85-1 FOR FISCAL YEAR 2009/10 RESOLUTION NO. FD 09-029 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, ESTABLISHING THE MAXIMUM SPECIAL TAX WHICH COULD BE LEVIED IN MELLO-RODS COMMUNITY FACILITIES DISTRICT NO. 85-1 FOR FISCAL YEAR 2009/10 A staff report was presented by Jack Lam, City Manager/Secretary. MOTION: Moved by Spagnolo, seconded by Gutierrez to adopt Resolution FD 09-029. Moticn carried unanimously. President Kurth and Boardmember Williams were absent. G5. CONSIDERATION OF ADOPTION OF FISCAL YEAR 2009/10 ARTICLE XIIIB APPROPRIATIONS LIMIT FOR COMMUNITY FACILITIES DISTRICT (CFD) NO. 85-1 Special City Council/Redevelopment Agency/Fire Protection District Meeting June 15, 2009 -Page 5 of 8 RESOLUTION NO. FD 09-030 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, ADOPTING AN APPROPRIATIONS LIMIT FOR MELLO-RODS COMMUNITY FACILITIES DISTRICT NO. 85-1 FOR FISCAL YEAR 2009/10 PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION A staff report was presented by Jack Lam, City Manager/Secretary. MOTION: Moved by Gutierrez, seconded by Spagnolo to adopt Resolution FD 09-030. Motion carried unanimously. President Kurth and Boardmember Williams were absent. G6. CONSIDERATION OF ADOPTION OF RESOLUTIONS ADOPTING A BUDGET IN THE AMOUNT RESOLUTION NO. FD 09-031 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, APPROVING AND ADOPTING A BUDGET FOR COMMUNITY FACILITIES DISTRICT NO. 88-1 FOR FISCAL YEAR 2009/10 RESOLUTION NO. FD 09-032 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, APPROVING APPROPRIATIONS LIMIT FOR COMMUNITY FACILITIES DISTRICT NO. 88-1 FOR FISCAL YEAR 2009/10 A staff report was presented by Jack Lam, City Manager/Secretary. Vice President Michael indicated that the appropriations limit is more than the adopted budget. While the appropriations limit sets the amount that can legally be spent, the budget reflects the actual amount to be appropriately spent. MOTION: Moved by Gutierrez, seconded by Spagnolo to adopt Resolution FD 09-031 and FD 09-032. Motion carried unanimously. President Kurth and Boardmember Williams were absent. H. CITY MANAGER'S STAFF REPORTS-CITY COUNCIL H1. ADOPTION OF FISCAL YEAR 2009/2010 BUDGET AND ARTICLE XIII-B APPROPRIATIONS LIMIT RESOLUTION NO. 09-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE CITY'S FISCAL YEAR 2009/2010 BUDGET Special City Council/Redevelopment Agency/Fire Protection District Meeting June 15, 2009 -Page 6 of 8 RESOLUTION NO. 09-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING AN APPROPRIATIONS LIMIT PURSUANT TO ARTICLE XIII-B OF THE CALIFORNIA STATE CONSTITUTION FOR FISCAL YEAR 2009/2010 A staff report was presented by Jack Lam, City Manager Mr. Lam commented on the State budget crisis. He noted that the initial concern was the State "borrowing" $3.3 million dollars in property tax revenues. The item added by urgency as Item H.2. addresses the potential loss of $2.8 million from the Highway Users Tax Account (HUTA). There is also a concern that the initial attempt to take $6 million in Redevelopment funds that was overturned in court will resurtace. While everyone has worked hard to identify cuts and to help balance the budgets, Mr. Lam noted that our work will not be done if any of these actions comes to fruition. Councilmember Spagnolo noted that Senator Dutton and Assemblymember Emmerson understand the potential negative impact to local goyernment and are holding the line. However, he expressed a concern that some of the legislature has not learned their lesson. Mayor Pro Tem Michael thanked the City Manager and staff for their hard work. He noted that the City has a history of being frugal and careful and addressed some of the measures that have been taken to help balance the budget. He appreciated the hard work being done to hold the line. MOTION: Moved by Gutierrez, seconded by Spagnolo to approve the Resolution Nos. 09-126 and 09- 127. Motion carried unanimously. Mayor Kurth and Councilmember Williams were absent H2. A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO COOPERATE WITH THE LEAGUE OF CALIFORNIA CITIES. OTHER CITIES AND COUNTIES IN LITIGATION CHALLENGING THE CONSTITUTIONALITY OF ANY SEIZURE BY STATE GOVERNMENT OF THE CITY'S STREET MAINTENANCE (HUTA) FUNDS -Added by Urgency RESOLUTION NO. 09-137 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AUTHORZING THE CITY ATTORNEY TO COOPERATE WITH THE LEAGUE OF CALIFORNIA CITIES, OTHER CITIES AND COUNTIES IN LITIGATION CHALLENGING THE CONSTITUTIONALITY OF ANY SEIZURE BY STATE GOVERNMENT OF THE CITY'S STREET MAINTENANCE FUNDS A staff report was presented by Fabian Villenas, Principal Management Analyst Councilmember Spagnolo noted that the City is not alone in this battle, as we will be joined by numerous cities and counties who have similar concerns. In response to Councilmember Gutierrez, discussion was held regarding the timing of this action. Staff does not know when the legislature will actually adopt a budget or what the actual impact to the City might be. Councilmember Gutierrez inquired if litigation would postpone the transference of the money to the State. Mayor Pro Tem Michael noted that the California Redevelopment Association recently prevailed against the State's proposal to use local redevelopment funds. So now they are looking at a different pocket to raid. He stated that the State should recognize that they are wrong in trying to take money from local government. Special City Council/Redevelopment Agency/Fire Protection District Meeting June 15, 2009 -Page 7 of 8 In response to Councilmember Gutierrez, Mr. Lam noted that the State collects the gas tax and then distributes the funding. E. ADJOURNIvIENT The meeting adjourned at 6:50 p.m. Respectfully submitted, Debra L. McKay, MMC Assistant City Clerk/Records Manager Approved: Special City Council/Redevelopment Agency/Fire Protection District Meeting June 15, 2009 -Page 8 of 8 June 17. 2009 RANCHO CUCAMONGA REDEVELOPMENT AGENCY, FIRE DISTRICT AND CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga Redevelopment Agency, Fire District and City Council held a closed session on Wednesday, June 17, 2009, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:15 p.m. by Chairman/PresidentMayor Donald J. Kurth. 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: 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 CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY OWNED BY STERLING SAVINGS BANK, LOCATED AT 8462, 8410 AND 8318 FOOTHILL BOULEVARD AND 8345 RED HILL COUNTRY CLUB DRIVE, IDENTIFIED AS ASSESSOR PARCEL NUMBERS: 0207-101-13, 0207-101-31, 0207-101-34 AND 0207-101-41; NEGOTIATING PARTIES: DESIGNATED REPRESENTATIVE FOR PROPERTY OWNER AND MARK A. STEUER, DIRECTOR OF ENGINEERING SERVICES/CITY ENGINEER, AND CURT BILLINGS, ASSOCIATE CIVIL ENGINEER, FOR THE CITY OF RANCHO CUCAMONGA, REGARDING PRICE -CITY 3. CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A) -DAVID SCHEU V. CITY OF RANCHO CUCAMONGA, CLAIM NO. 28/29-027 -City 4. CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A) - ZELLAR V. CITY OF RANCHO CUCAMONGA, CLAIM NO. 27/28-015 -City 5. CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A) - WILLIAMS V CITY OF RANCHO CUCAMONGA, CASE NO. CIVRS805222 -City Redevelopment Agency, Fire Protection District, City Council Minutes June 17, 2009 -Page 1 of 14 a +Sts» C. PUBLIC COMMUNICATIONS:ON C0'SED SESSION ITEM S y .. , No one was present to comment on the closed session item. ._,..~ - . K:,.s D`„ CONDUCT, OE CLOSED'SESSION Closed session began at 5:15 p.m. ` E`CITYx1VhANAGERANNOi7NCE1VI~ENTS ' No announcements were made. ., , F. RECESS °.~._ ,' _....: The closed session adjourned at 6:45 p.m. with no action taken. *~:G:, REGUL'ARMEETING' ~~t= CALL TO, ORDER" ~ 7 00 P M ;. a ` _x~:'„~..~.~... _2 ~.* ~.~. _ ,'_ 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 7:04 p.m. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams, Vice ChairmanNice President/Mayor Pro Tem L. Dennis Michael and Chairman/President/Mayor Donald J. Kurth. Also-present were: Jack Lam, City Manager; James Markman, City Attorney; John Gillison, Deputy City Manager/Administrative Services; Linda Daniels, Redevelopment Agency Director; 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; Debra McKay, Records Manager/Assistant City Clerk and Shirr'I Griffin, Deputy City Clerk. ` H`,_, ANNOUNCEMENT##S/P~RESENxT~ATIONS ' H1. Announcement of the Fire District's "No Fireworks" Campaign. Kelly Donaldson, Public Education Specialist for the Fire Protection District, announced the District's "No Fireworks' Campaign. Redevelopment Agency, Fire Protection District, City Council Minutes June 17, 2009 -Page 2 of 14 H2. Presentation of Certificates to donors and sponsors of the "Ron Ives Bicycle Safety Rodec." Mayor Kurth presented certificates of appreciation to the donors and sponsors of the "Ron Ives Bicycle Safety Rodeo." H3. Announcement of the 2009/2010 Season of Performances for the Lewis Family Playhouse at the Victoria Gardens Cultural Center. Susan Sluka-Kelly, Cultural Arts Supervisor, Lewis Family Playhouse, announced the 2009/2010 season of performances for the Lewis Family Playhouse. I. PUBLIC COMMUNICATIONS l7. Josephine Or/ando addressed ltem P1 (Chaffey Co//ege Parking /mpactsJ. She noted that the co/%ge does not provide enough parking spaces and indicated that there are no longer major prob/ems on her street. She stated that she had submitted a letter to the City opposing the creation of a permit parking district. l1. Marina Reynoso commented on ltem P1 (Chaffey Col%ge Parking /mpactsJ and expressed her opposition to the creation of a permit parking district. She inquired why the curb was painted red in front of 6050 San Felipe and then sudden/y painted white and requested that Code Enforcement investigate the matter. Lastly, Ms. Reynoso opposed the posting of no parking signs that are unenforceable, a waste of money and an eyesore. /3. Mike Eldridge referred to /tem P1 (Chaffey College Parking /mpactsJ. He indicated that the parking is out of contro% there is trash on the street and people are blocking his mailbox. Mr. Eldridge supported the creation of a permit parking district. /4. Madine Kennedy commented on lfem P1 (Chaffey Col%ge Parking /mpactsJ. She noted that last Tuesday, a Fire engine was ca/led to the street and stated that the truck would not have been ab/e to navigate the corner if the col%ge had been in session. Ms. Kennedy expressed concerns with the lack of parking forguests and with the safety of the neighborhood. /5. John Kimbro addressed /tem P1 (Chaffey Col%ge Parking /mpactsJ and expressed his support with the creation of a permit parking district. He noted that this works well in other cities and suggested that the district on/y encompass San Felipe if the other residents do not believe that a permit district for their street wou/d be beneficial. /6. JoAnn Henkel referred to /tem P9 (Chaffey Col%ge Parking /mpactsJ. She distributed additional information to the City Council. Ms. Henkel was supportive of the creation of a permit parking district and indicated that misinformation might have caused some of the other residents to have concerns with the creation ofsuch a district. l7. Maria Guytan commented on ltem P1 (Chaffey Col%ge Parking /mpactsJ. She expressed concerns with traffic and parking and supported the creation of a permit parking district. /8. Ted Granger addressed /tem P1 (Chaffey Col%ge Parking /mpactsJ. He supported the establishment of a permit parking district and stated that it wou/d enhance the safety of the children in the community. 19. Dr. Rami Mowjude announced an upcoming Blood Drive at the /slamic Center of the /n/and Empire. The Blood Drive wi//be he/d on Ju/y 92, 2009 from f0 a.m, to 4 p.m. Redevelopment Agency, Fire Protection District, City Council Minutes June 17, 2009 -Page 3 of 14 /10. John Lyons commented on Item P1(Chaffey Col%ge Parking lmpactsJ and suggested that a joint meeting be he/d with the Chaffey Co/%ge Board of Directors. He referenced the Michael Burton's ongoing trial and warned residents to be careful of coyotes and rattlesnakes. Last/y, Mr. Lyons suggested that restaurants temporarily be al/owed to display advertising banners to help them through this difficu/t economy. 111. Ed Dietl referred to ltem P1 (Chaffey College Parking Impacts) and pointed out that this is the Co/%ge's prob/em. He invited the Council and the audience to the Father's Day Ce%bration on June 19, 2009 at the Epicenter. Tickets are $7 and benefit historical preservation. /12. Bi/1 Han/on expressed support of Councilmember Gutierrez. He stressed the need to start Council meetings on time. Mr. Han/on expressed concerns that the City Council members did not attend the recent Ffag Day ce%bration and felt that a veteran's memorial shou/d be p/aced in the City in honor of the armed forces. /n response, Councilmember Spagnolo commented that the Sons of Italy have placed amemoria/ at City Hal/ and noted that he had attended the F/ag Day ceremony at that memoria/. /13. Henry Stoy noted the City Counci/ meeting next week to discuss the Red Hill traffic issue. As this meeting conflicts with a scheduled Cucamonga Valley Wafer District meeting, Mr. Stoy provided his comments on the traffic issue. He supported taking no action on the matter, as he did not believe that there was a severe traffic prob/em in that area. However ifsome steps need to be taken, Mr. Stoy suggested imp/ementing the traffic management p/an. 114. Jim Moffatt stated a previous practice which provided a p/ace on the agenda for the Council to respond to public comments. He suggested that the Council either respond to all of the comments or rep/y to none of them. Mr. Moffatt referenced his suggestion on June 3rd that the meeting be adjourned in honor of veterans but noted that it hadn't been done as another suggestion had been made. if multiple suggestions are made at a meeting, all should be done. 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 3, 2009 (Regular Meeting) June 4, 2009 (Special Meeting -Proposed Budgets FY 2009/10) J2. Approval of Check Register dated May 27 through June 9, 2009, for the total amount of $857,413.87. J3. Approval to receive and file current Investment Schedule as of May 31, 2009. J4. Approval for the purchase of sixty-five (65) sets of Fire Turn-Out Gear, each set to include: one (1) turn-out pant, one (1) turn-out coat, one (1) chest strap, one (1) patch and one (1) suspender, from Fisher Scientific Co., LLC, as per Request for Quote ("RFO") #111923 and in accordance with the Houston Galveston Area Council ("HGAC") Buy Interlocal Contract for Cooperative Purchasing (#EP11-06) and authorize the expenditure of $107,303.63, to be funded from Acct. No. 2505801-5207 (Operations & Maintenance/Capital Supplies). Redevelopment Agency, Fire Protection District, City Council Minutes June 17, 2009 -Page 4 of 14 J5. Approval to accept the bids received and award an authorize the execution of the contract in the amount of $126,156.00 to the apparent low bidder, California Professional Engineering, Inc. (RA 09009), and authorize the expenditure of a 10% contingency in the amount of $12,615.60 for the Foothill Boulevard Median Lighting Project, to be funded from 2004 Tax Allocation Bonds fund, Acct. No. 2660801-5650-1353660-0. J6. Approval to award and execution of Professional Services Agreement to RGS Engineering Geology (RA 09-010) for grading control and compaction testing services for the Demens Basin Fill Project, to be funded from Acct. No. 2502801-5650/1694502-0 (Fund 502 -RDA Regional Facilities) for the amount of $96,922 ($88,122 plus contingency of $8,800). J7. Approval to accept bids received and award and authorize the execution of the contract in the amount of $495,730 to the apparent low bidder, Sukut Construction, Inc. (RA 09-011), and authorize the expenditure of a 10% contingency in the amount of $49,573 for the Demens Basin Fill Project, to be funded from RDA Regional Facilities Fund, Acct. No. 2502801- 5650/1694502-0. MOTION: Moved by Williams, seconded by Gutierrez, 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. K1. Approval of Minutes: June 3, 2009 (Regular Meeting) June 4, 2009 (Special Meeting -Proposed Budgets FY 2009/10) K2. Approval of Check Register dated May 27 through June 9, 2009, for the total amount of $304,198.61. K3. Approval to receive and file current Investment Schedule as of May 31, 2009. MOTION: Moved by Michael, seconded by Spagnolo, 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 3, 2009 (Regular Meeting) June 4, 2009 (Special Meeting -Proposed Budgets FY 2009/10) L2. Approval of Check Register dated May 27 through June 9, 2009, and payroll ending June 9, 2009, for the total amount of $4,882,321.87. L3. Approval to receive and file current Investment Schedule as of May 31, 2009 Redevelopment Agency, Fire Protection District, City Council Minutes June 17, 2009 -Page 5 of 14 L4. Approval of a resolution of the City Council of the City of Rancho Cucamonga, adopting the amended Local Measure "I" 2008/2010 Capital Improvement Program for Expenditure of Measure "I" Funds. RESOLUTION NO. 09-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE AMENDED LOCAL MEASURE "I" 2008/2010 CAPITAL IMPROVEMENT PROGRAM FOR EXPENDITURE OF MEASURE "I" FUNDS L5. Approval to accept grant revenue in the amount of $42,797 from the United States Department of Justice 2009/10 Edward Byrne Memorial Justice Assistance Grant (JAG) (CO 09-231 - Intedoca/ Agreement), and approval of the County of San Bernardino Law and Justice Group to serve as the fiscal agent/grant administrator for a fee of five percent ($2,140). L6. Approval to endorse Councilmember Spagnolo's participation on the DeVry University College of Business and Management's Industry Advisory Council. L7. Approval of a Resolution adopting a Memorandum of Understanding (CO 09-232) between the City of Rancho Cucamonga and the San Bernardino Public Employees Association for Fiscal Year2009-10. RESOLUTION NO. 09-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEAR 2009-10 L8. Approval to authorize an increase to Contract No. 08-071 in the amount of $100,000 to Hillcrest Contracting, and approve a Contract Change Order for the construction of the Foothill Boulevard/I-15 Southbound On-Ramp Widening Project, to be funded from Transportation Development Fees, Acct. No. 1124303-5650/1513124-0. L9. Approval to authorize an increase to Contract No. CO 08-072 in the amount of $80,000 to Hillcrest Contracting, and approve a Contract Change Order, for the construction of the Base Line Road/I-15 Southbound On-Ramp Widening Project to be funded from Transportation Development Fees, Account No. 11243035650/1511124-0. L10. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $312,192 to the apparent low bidder, All American Asphalt (CO 09-233), and authorize the expenditure of a 10% contingency in the amount of $31,219.20 for the Base Line Road Pavement Rehabilitation from Hellman Avenue to Ramona Avenue, to be funded from Prop 16 Funds, Acct. No. 1194303-5650/1691194-0. L11. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $304,632.50 to the apparent low bidder, All American Asphalt (CO 09-234), and authorize the expenditure of a 10% contingency in the amount of $30,463.25 for the Vineyard Avenue Pavement Rehabilitation from 8'h Street to Foothill Boulevard, to be funded from Prop 1B Funds, Acct. No. 1194303-5650/1680194-0. Redevelopment Agency, Fire Protection District, City Council Minutes June 17, 2009 -Page 6 of 14 L12. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $98,600.30 to the apparent low bidder, Crimson Marie Company (CO 09-235), and authorize the expenditure of a 10% contingency in the amount of $9,860.03 for the Heritage Park, Bull Pen project, to be funded from PD85 Redemption Fund, Acct. No. 1848303-5650/1606848-0 and appropriate $53,000 to Acct. No. 1848303-5650/1606848-0 from PD85 Redemption fund balance. L13. Approval of a Resolution renewing the Professional Services Agreements with Krazan & Associates, Inc., Ninyo & Moore, Leighton Consulting, Inc., and Salem Group, for annual soils and materials testing services for FY 2009/2010, for proposed Capital Improvement projects throughout the City, to be funded from various individual project accounts as approved in the FY 2009/2010 Budget. RESOLUTION NO. 09-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE RENEWAL OF AGREEMENTS WITH KRAZAN & ASSOCIATES, INC., NINYO & MOORE, LEIGHTON CONSULTING, INC., AND SALEM GROUP FOR ANNUAL SOILS AND MATERIALS TESTING SERVICES FOR FY 2009/2010 FOR PROPOSED CAPITAL IMPROVEMENT PROJECTS'THROUGHOUT THE CITY L14. Approval of a Resolution renewing the Professional Services Agreements with Dan Guerra & Associates, Dawson Surveying, Inc., LEH & Associates, Hall & Foreman, Inc., and Base Line Surveying, Inc., for annual survey services for FY 2009/2010 for proposed Capital Improvement projects throughout the City, to be funded from various individual project accounts as approved in the FY 2009/2010 Budget. RESOLUTION NO. 09-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE RENEWAL OF AGREEMENTS WITH DAN GUERRA & ASSOCIATES, DAWSON SURVEYING, INC., LEH & ASSOCIATES, HALL 8 FOREMAN, INC. AND BASELINE SURVEYING, INC., FOR ANNUAL SURVEY SERVICES FOR FY 2009/2010 FOR PROPOSED CAPITAL IMPROVEMENT PROJECTS THROUGHOUT THE CITY L15. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $379,972.60 to the apparent low bidder, Peterson Chase General Engineering Construction, Inc. (CO 09-236), and authorize the expenditure of a 10% contingency in -the amount of $37,997.26, for the Citywide Bridge Deck Maintenance, to be funded from Acct. No. 1112303-5650/1542112-0 (Drainage Fac/General). L16. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $60,298.06 to the apparent low bidder, Prestige Striping Services, Inc. (CO 09- 237), and authorize the expenditure of a 10% contingency in the amount of $6,029.81 for the Citywide Street Name Sign Replacement - FY 08/09, to be funded from Capital Reserve, Acct. No. 1025001-5300. L17. Approval to release the Maintenance Guarantee Bond 'for DRC2005-00683 and DRC2006- 00005, located at the cul-de-sac terminus of Hyssop Drive, north of 6`h Street, submitted by Hyssop Rancho Cucamonga Properties, LLC. Redevelopment Agency, Fire Protection District, City Council Minutes June 17, 2009 -Page 7 of 14 L18. Approval to release the Maintenance Guarantee Bond for Parcel Map 17303 (Storm Drain), located at the northwest corner of 4t" Street and Haven Avenue, submitted by TPRF/THC Havenpark, LLC. L19. Approval to release the Maintenance Guarantee Bond for Parcel Map 17303 (Street Improvements), located at the northwest corner of 4'" Street and Haven Avenue, submitted by TPRF/THC Havenpark, LLC. L20. Approval to accept landscape improvements for Tract 16592 located on the north side of Hillside Road, west of Archibald Avenue, submitted by Toll Brothers, Inc. L21. Approval to release the Faithful Performance Bond No. 7592953 retained in lieu of a Maintenance Guarantee Bond, in the amount of $182,650.00, for the Baker Avenue Grade Crossing, north of 8'" Street project, Contract No. 07-089. L22. Approval to accept the Garcia Park Construction Project, Contract No. 08-016 from C.S. Legacy Construction, Inc., as complete, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Material Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $1,934,469.00. RESOLUTION NO. 09-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE GARCIA PARK IMPROVEMENT PROJECT, CONTRACT NO. OS-016, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L23. Approval to accept the West Beryl Park Sport Light Wire Replacement Project, Contract No. 09-004 as complete, retain the Faithful Performance Bond as a Maintenance Guarantee Bond, release the Labor and Materials Bond, and authorize the Interim Public Works Director to file a Notice of Completion and approve the final contract amount of $65,189.46. RESOLUTION NO. 09-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE WEST BERYL PARK SPORT LIGHT WIRE REPLACEMENT AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Michael, seconded by Spagnolo, to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried 5-0. M. CONSENT ORDINANCES FIRE PROTECTION DISTRICT The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be routine and non-controversial. The Agency, Fire Board, or Council will act upon them at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion by an Agencymember, Boardmember, or Councilmember. Redevelopment Agency, Fire Protection District, City Council Minutes June 17, 2009 -Page 8 of 14 M1. CONSIDERATION OF SECOND READING OF AN ORDINANCE CONTINUING THE ANNUAL SPECIAL TAX RATES FOR FISCAL YEAR 2009/10 IN MELLO ROOS COMMUNITY FACILITIES DISTRICT NO. 85-1. ORDINANCE NO. FD 48 (second reading) AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE LEVY OF THE SPECIAL TAX IN MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 85-1 FOR FISCAL YEAR 2009/10 Jack Lam, City Manager/Secretary, presented the staff report. President Kurth opened the public hearing. With no one wishing to speak, President Kurth closed the public hearing. MOTION: Moved by Michael, seconded by Gutierrez, to adopt Ordinance No. FD 48 for second reading. Motion carried 5-0. N. ADVERTISED PUBLIC HEARINGS FIRE PROTECTION DISTRICT The following items have been advertised and/or posted as public hearings as required by law. The President will open the meeting to receive public testimony. N1. 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. 09-4) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85-1j AND CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF SUCH TERRITORY Jack Lam, City Manager/Secretary, presented the staff report. President Kurth opened the public hearing. With no one wishing to speak, President Kurth closed the public hearing. In response to Boardmember Williams, Chief Bryan indicated the need for the Alta Loma Animal Hospital to annex into the current Community Facilities District so that they can partially pay for some of the Fire services. He indicated that the existing structure would be torn down and rebuilt. Boardmember Williams noted that the property is a tremendous eyesore, wondered how long it was going to take Redevelopment Agency, Fire Protection District, City Council Minutes June 17, 2009 -Page 9 of 14 RESOLUTION NO. FD 09-033 before the structure was rebuilt and stated that the property owner should be encouraged to clean up the property now. MOTION: Moved by Williams, seconded by Gutierrez, to adopt Resolution No. FD 09-033. Motion carried 5-0. O. 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. 01. CONSIDERATION TO APPROVE THE RESOLUTION CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT NUMBER PD-85 FOR FISCAL YEAR 2009/2010. NO INCREASE OF ASSESSMENT RATE IS PROPOSED. (01 - 03 WERE DISCUSSED AT THE SAME TIME) RESOLUTION NO. 09-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONFIRMING THE DIAGRAM AND THE ASSESSMENT AND PROVIDING FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS WITHIN THE PARK AND RECREATION IMPROVEMENT DISTRICT NUMBER PD-85 FOR FISCAL YEAR 2009/2010 PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 02. CONSIDERATION TO APPROVE THE RESOLUTION CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICT NUMBERS 1, 2, 3, 4 5 6 7 AND 8 FOR FISCAL YEAR 2009/2010 NO INCREASE OF ASSESSMENT RATE IS PROPOSED. (01 - 03 WERE DISCUSSED AT THE SAME TIME) RESOLUTION NO. 09-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONFIRMING THE DIAGRAMS AND THE ASSESSMENTS AND PROVIDING FOR THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICT NUMBERS 1, 2, 3, 4, 5, 6, 7 AND 8 FOR THE FISCAL YEAR 2009/2010 PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 03. Redevelopment Agency, Fire Protection District, City Council Minutes June 17, 2009 -Page 10 of 14 RESOLUTION NO. 09-135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONFIRMING THE DIAGRAMS AND THE ASSESSMENTS AND PROVIDING FOR THE LEVY AND COLLECTION OF THE ANNUAL ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICT NUMBERS 1, 2, 3A, 36,4, 5, 6, 7, 8, 9, AND 10 FOR THE FISCAL YEAR 2009/2010 PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 Jack Lam, City Manager, presented the staff reports. In response to Councilmember Gutierrez, John Gillison, Deputy City Manager/Administrative Services addressed the payment of the electric bill to Edison. He indicated that the Districts pay a flat rate and stated that Gas Tax funds are used to cover the difference when there is not enough money in a fund to cover the entire cost. Councilmember Gutierrez expressed a concern with the number of street lights that are out. In response, Mr. Gillison concurred with the concern and indicated that discussions are ongoing with Edison. Councilmember Gutierrez noted that the property owners are paying for the electricity and noted that Edison needs to ensure that the street lights are operational. Mayor Pro Tem Michael referenced the current State plan to seize Gas Tax funds from the City and wondered how the difference would be paid in the future if this occurs. Mayor Kurth opened the public hearings Jerie Lee expressed a concern with the height of the weeds on Day Creek. She noted that recycled water is not being used and stated that some cities have been using recycled water for 30 years. It was noted that the assessments in some of these areas have not been raised in 13 years. Also discussed were the Proposition 218 provisions, which require an election of the property owners in each District before assessments may be increased. Jerie Lee noted the need to share this information with the property owners. She suggested that if the areas were not going to be maintained that hardscape be installed. Day Creek is right by Victoria Gardens. In response, Jack Lam, City Manager and Jim Markman, City Attorney addressed Ms. Lee's concerns. It was stated that each District used to maintain all of these Districts at an "A" level of service. Over the years, the costs rose and the level of service that could be provided based on the amount of revenue raised fell. Due to the number of Districts and the cumbersome Proposition 218 provisions, the City's policy has been to undertake this action when the level of service dropped to "C". Property owners will need to decide the appropriate level of service that they want in several of these Districts. Staff is planning several Proposition 218 elections in the fall. Mayor Pro Tem Michael noted that the voters eledted to form a Water District to provide water and sewer service for the residents. He noted that there is a water treatment plant on Etiwanda that is currently providing recycled water and stated that plans are underway to expand the recycled water system. John Lyons suggested that volunteers or community service workers be used. Jack Lam, City Manager, indicated that the use of recycled water was cost prohibitive in the past. He could not imagine that the property owners would have agreed to the cosYto put in the infrastructure when these Districts were formed. Redevelopment Agency, Fire Protection District, City Council Minutes June 17, 2009 -Page 11 of 14 Ed Dietl, inquired what the employees were doing if they haven't been laid off and they were providing the service several months ago. He noted that the property owners are paying for the electricity and stated that Edison needs to provide more employees to fix the street lights. Mayor Kurth closed the public hearings. MOTION: Moved by Gutierrez, seconded by Spagnolo, to adopt Resolution Nos. 09-133 - 09-135. Motion carried 5-0. P. CITY MANAGER'S STAFF REPORTS The following items have no legal publication or posting requirements. P1. REPORT ON CHAFFEY COLLEGE PARKING IMPACTS ON ADJACENT Jon Gillespie, Traffic Engineer, presented the staff report. He indicated the construction of a 30,000 sq. ft. office building at Chaffey College. This building was placed on an existing parking lot, displacing the parking and creating a need for 180 additional parking spaces. Mr. Gillespie displayed a map of the area and indicated that students wishing to access the new 30,000 sq. ft. administration building are being forced to use the neighborhood streets adjacent to the college when the parking lot next to the building becomes full. Mr. Gillespie noted that the division studied the use of this parking lot and has determined that it is at capacity until about 3 p.m. in the afternoon. RECESS: Mayor Kurth recessed the meeting at about 9:05 p.m. in response to a fire alarm. RECONVENE: Mayor Kurth reconvened the meeting at 9:20 p.m. Mr. Gillespie indicated that a petition was received on January 28, 2009 containing the signatures of 38 people requesting that a permit parking district be established. Since that time; however, he noted that another petition was received containing the names of 9 people who are opposed to the creation of a district. Some of these people had signed the initial petition. As the Municipal Code provides for the creation of a permit parking district if a petition is submitted with 75% of the homeowners in agreement, Mr. Gillespie stated that the staff recommendation has now changed. He recommended that the permit parking district not be created. Mr. Gillespie provided information on permit parking programs established by other cities. If the City Council wished to form a district, he recommended that permits be issued fora 3 year term. The cost would be $10 for a permit. Previously, staff had been informed that the college would enforce the permit parking program; however, this situation has changed. Mr. Gillespie indicated that the Municipal Code also requires that such districts be four blocks in size or contain at least one mile of curb. As only 58% of the homeowners were in support of creating a permit parking district, staff does not recommend permit parking at this time. Options include the installation of 30 minute or 2 hour parking signs. In response to Councilmember Gutierrez, Mr. Gillespie stated that the City Council has the ability to modify the Municipal Code. As the Code currently contains these provisions, staff recommends that these regulations be adhered to. Councilmember Gutierrez disagreed that to be efficient a district Redevelopment Agency, Fire Protection District, City Council Minutes June 17, 2009 -Page 12 of 14 needed to be four blocks in size. However, he concurred that the Police Department should not need to enforce the program. Councilmember Gutierrez suggested that a Services Specialist position be created not just for this area but for the entire City. He expected that enough tickets would be generated to fund the position. In response to Councilmember Williams, it was noted that approximately 55 homes are being impacted. Councilmember Williams indicated that she visited the area and followed students looking for a place to park. Some students are parking over in another neighborhood. She did not see students parking in front of fire hydrants but she did observe students dropping trash. Councilmember Williams noted that the district size could easily include the four blocks as contemplated in the Code. In response to Councilmember Spagnolo, Mr. Gillespie noted that he did not survey the parking situation on the other side of the campus. Councilmember Spagnolo indicated that Chaffey College has created this situation and was very disappointed that they did not appear to want to resolve it. Mayor Pro Tem Michael concurred that a Service Specialist does make sense. However, he expressed a concern that the college is not engaged in solving the problem. There is nothing in place to keep other buildings from being constructed in the future. Mayor Pro Tem Michael encouraged the Mayor to send a letter outlining the City Council's concerns. In the meantime, he suggested that the matter be referred back to the Public Works subcommittee so that a recommendation could be obtained on the use of a Service Specialist to write tickets. Also, he encouraged the audience to attend the next Chaffey College Board of Directors meeting in order to discuss these concerns. Mayor Kurth concurred that something should be done to address these concerns. He indicated that the Board's next meeting is June 25`h at 7 p.m. in the Board room. In response to Mayor Pro Tem Michael, James Troyer, Planning Director stated that the Office of the State Architect issues permits for school facilities. It was noted that while the City would not be involved in the permit issuance, there is still an environmental process which should be followed. In response to Councilmember Gutierrez, Mr. Gillespie indicated that the fine for parking citations is $30. Councilmember Gutierrez stated that the fine could be higher and was confident that the revenue received could pay for a position to write the tickets. Mayor Kurth noted that another letter would be written articulating the Council's concerns and requesting a meeting. MOTION: Moved by Michael, seconded by Gutierrez to receive and the file report and refer the matter to the Public Works subcommittee. Motion carried 5-0. MOTION: Moved by Williams, seconded by Michael to continue past 10:00 p.m. and consider the rest of the items on the agenda. Motion carried 5-0. P2. NEIGHBORHOOD CLEAN-UP PRESENTATION (Oral Report) Kurt Keating, Code Enforcement Supervisor, addressed the City's clean-up efforts on June 6, 2009. P3. PRESENTATION OF GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOAI (Oral Report) Jack Lam, City Manager, introduced Tamara Layne, Finance Director who presented the City Council with the City's Certificate of Achievement for Excellence in Financial Reporting for the Fiscal Year ended June 30, 2008. Redevelopment Agency, Fire Protection District, City Council Minutes June 17, 2009 -Page 13 of 14 ' Q. 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.) Councilmember Spagnolo stated that he had attended the grand opening of Bellasposa on June 13, 2009. He noted that the Rancho Cucamonga Family Resource Center will be having a yard sale on June 20, 2009 and invited the audience to the Firefighter's benefit car show at Red Hill Park. Councilmember Spagnolo noted that Rockapella was outstanding last weekend at the Lewis Family Playhouse. Councilmember Gutierrez indicated that he was proud to be a resident of the City and thanked everyone for their patience and understanding. He encouraged the audience to attend the Father's Day celebration on June 19, 2009 at the Epicenter. Mayor Pro Tem Michael noted that there was a special meeting on Monday to adopt the City and the Redevelopment Agency budgets as well as to receive the Fire Protection District budget. Mayor Pro Tem Michael thanked all of the employee associations for foregoing any cost-of-living increase this upcoming year and expressed concerns with the ongoing State budget crisis. Councilmember Williams noted Assemblymember Emmerson's concern that the State legislature is discussing everything but the budget. She urged the State legislature to focus exclusively on the budget. Councilmember Williams commended Mark Christopher Chevrolet for their partnership with the high schools in sponsoring a perfect attendance contest. Mayor Kurth indicated that he had just returned from Chicago where he had the opportunity to hear President Obama address the delegates of the American Medical Association regarding health care reform. Q: IDENTIFICATION OF ITEMS FOR NEXT"MEETING No items were identified. " R. ADJOURNMENT After a moment of silence in honor of D-Day veterans, Mayor Kurth adjourned the meeting at 10:28 p. m. Respectfully submitted, Debra L. McKay, MMC Assistant City Clerk/Records Manager Approved: Redevelopment Agency, Fire Protection District, City Council Minutes June 17, 2009 -Page 14 of 14 RANCHO CUCAMONGA REDEVELOPMENT AGENCY Pl Agenda Check Register 6(10/2009 through 6/23/2009 Check No. Check Date Vendor Name ~ Amount AP - 00283638 6/10/2009 A Rc I REPROGRAPHICS 147.90 AP - 00283656 6/10/2009 BASELINE SURVEYING INC 160.00 AP - 00283656 6/10/2009 BASELINE SURVEYING INC 5,256.00 AP - 00283672 6/10/2009 CHAFFEY COMMUNITY COLLEGE 526,346.00 AP - 00283674 6/10/2009 CHINO BASIN WATER CONSERVATION DISTRI( 52,266.00 AP - 00283680 6/10/2009 COUNTY SUPERINTENDENT OF SCHOOLS 113,140.00 AP - 00283688 6/10/2009 D 7 CONSULTING INC 2,112.50 AP - 00283688 6/10/2009 D 7 CONSULTING INC 3,300.00 AP - 00283693 6/10/2009 DEKRA-CITE INDUSTRIES INC 32,667.39 AP - 00283698 6/10/2009 DYNASTY SCREEN PRINTING 794.75 AP - 00283721 6/10/2009 G AND M BUSINESS INTERIORS 4,490.32 AP - 00283721 6/10/2009 G AND M BUSINESS INTERIORS 20,877.00 AP - 00283721 6/10/2009 G AND M BUSINESS INTERIORS 1,944.62 AP - 00283724 6{10/2009 GAS EQUIPMENT SYSTEMS INC 48,575.00 AP - 00283724 6/10/2009 GAS EQUIPMENT SYSTEMS INC -4,857.50 AP - 00283726 6/10/2009 GEOGRAPHICS 134.58 AP - 00283731 6/10/2009 GRAND PACIFIC CONTRACTORS INC 25,563.16 AP - 00283740 6/10/2009 HERK EDWARDS INC 70,726.11 AP - 00283742 6/10/2009 HILL AND KNOWLTON INC 9,453.58 AP - 00283742 6/10/2009 HILL AND KNOWLTON INC 1,275.00 AP - 00283742 6/10/2009 HILL AND KNOWLTON INC 866.02 AP - 00283751 6/10/2009 ICSC 3,268.25 AP - 00283752 6/10/2009 INLAND EMPIRE RESOURCE CONSERVATION L 24,277.00 AP - 00283753 6/10/2009 INLAND EMPIRE UTILITIES AGENCY 29,777.88 AP - 00283756 6/10/2009 INSIGHT PUBLIC SECTOR ],478.15 AP - 00283758 6/10/2009 INTERACTIVE DATA CORPORATION 90.00 AP - 00283758 6/10/2009 INTERACTIVE DATA CORPORATION 90.00 AP - 00283789 6/10/2009. NEC UNIFIED SOLUTIONS INC 685.64 AP - 00283797 6/10/2009 OFFICE DEPOT 48.12 AP - 00283797 6/10/2009 OFFICE DEPOT 42.41 AP - 00283797 6/10/2009 OFFICE DEPOT 21.66 AP - 00283797 6/10/2009 OFFICE DEPOT 12.13 AP - 00283797 6/10/2009 OFFICE DEPOT 102.62 AP - 00283797 6/10/2009 OFFICE DEPOT 333.91 AP - 00283825 6/10/2009 RRM DESIGN GROUP 5,348.20 AP - 00283834 6/10/2009 SAN BERNARDINO CTY DEPT OF PUB HEALTH 1.384,352.07 AP - 00283854 6/10/2009 SPAGNOLO, SAM 247.41 AP - 00283856 6/10/2009 STEWART TITLE OF CALIFORNIA 350.00 AP - 00283856 6/10/2009 STEWART TITLE OF CALIFORNIA 350.00 AP - 00283863 6/10/2009 TMAD TAYLOR & GAINES 9,800.00 AP - 00283863 6/10/2009 TMAD TAYLOR & GAINES 8,000.00 AP - 00283868 6/10/2009 URS CORPORATION 3,345.00 AP - 00283884 6/11/2009 SAN BERNARDINO COUNTY 1,384,352.07 AP - 00283920 6/17/2009 AUFBAU CORPORATION 7,832.00 AP - 00283920 6/17/2009 AUFBAU CORPORATION 15,975.50 AP - 00283924 6/17/2009 BANC OF AMERICA LEASING 221.47 AP - 00283947 6/17/2009 CALIFORNIA LIFE WITH HEATHER DAWSON LI 15,000.00 AP - 00283970 6/17/2009 COS"CAR REALTY INFORMATION INC 1,792.91 AP - 00283976 6!17/2009 DAILY JOURNAL CORPORATION 2,389.20 AP - 00284001 6/17/2009 FEDERAL EXPRESS CORP 15.16 AP - 00284001 6/17/2009 FEDERAL EXPRESS CORP 41.31 AP - 00284034 6/17/2009 HUNT CALENDARS LLC 49.95 AP - 00284035 6/17/2009 HUNT DESIGN ASSOCIATES INC 227.60 AP - 00284070 6/17/2009 LIM & NASCIMENTO ENGINEERING CORP 4,651.26 User: VLOPEZ -Veronica Lopez Pagc: 1 Current Date: 06/25/200 Report:CK_AGENDA_ REG_PORTRAI T_RC - CK: Agenda Check Register Pomait Layout Time: 07:05:1 RANCHO CUCAMONGA REDEVELOPMENT AGENCY Agenda Check Register 6/10/2009 through 6/23/2009 Check No. Check Date Vendor Name AP - 00284104 6/17/2009 PINES MOBILE HOME PARK, THE AP - 00284117 6/17/2009 RAMONA VILLA MOBILE HOME PARK AP - 00284118 6/17/2009 RANCHO CUCAMONGA CHAMBER OF COMMEI AP - 00284126 6/17/2009 RELIABLE GRAPHICS AP - 00284127 6/17/2009 RICHARDS WATSON AND GERSHON AP - 00284127 6/17/2009 RICHARDS WATSON AND GERSHON AP - 00284127 6/17/2009 RICHARDS WATSON AND GERSHON AP - 00284127 6/17/2009 RICHARDS WATSON AND GERSHON. AP - 00284127 6/17/2009 RICHARDS WATSON AND GERSHON AP - 00284127 6/17/2009 RICHARDS WATSON AND GERSHON AP - 00284127 6/17/2009 RICHARDS WATSON AND GERSHON AP - 00284129 6/17/2009 RJM DESIGN GROUP INC AP - 00284135 6/17/2009 SAFCO CAPITAL CORD AP - 00284145 6/17/2009 SECRETARY OF STATE AP - 00284175 6/17/2009 SYCAMORE VILLA MOBILE HOME PARK Amount 400.00 200.00 1,300.00 76.13 693.00 759.00 3,195.70 2,557.00 1,010.00 9,966.00 231.00 6,600.00 29,265.87 40.00 252.04 Total for Check H) AP: 3,876,353.05 Total for Entity: 3,876,353.05 P2 User: VLOPEZ -Veronica Lopez Page: 2 Current Date: 06/25/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 07:05:1 STAFF REPORT ENGINEERING SERVICES DEPARTMENT Date: July 1, 2009 To: Chairman and Redevelopment Agency Members Jack Lam, AICP, Executive Director From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Jerry A. Dyer, Senior Civil Enginee~~ Shelley Hayes, Assistant Engineer RANCHO C,UCAMONGA Subject: RELEASE OF FAITHFUL PERFORMANCE BOND NO. 0458052, RETAINED IN LIEU OF MAINTENANCE GUARANTEE BOND, IN THE AMOUNT OF $96,385.00, FOR ROOF REPAIRS AND MAINTENANCE TO FIRE STATION #4, FIRE STATION #5 AND FIRE SHOPS PROJECT, CONTRACT NO. RA07-017 RECOMMENDATION It is recommended that the Redevelopment Agency authorize the City Clerk to release Faithful Performance Bond No. 0458052, retained in lieu of Maintenance Guarantee Bond, in the amount of $96,385.00, for Roof Repairs and Maintenance to Fire Station #4, Fire Station #5 and Fire Shops project, Contract No. RA07-017. BACKGROUND/ANALYSIS. The required one-year maintenance period has ended and the improvements remain free from defects in materials and workmanship. Contractor: Best Contracting Services Inc. 19027 S. Hamilton Ave Gardena, CA 90248 Respectfully submitted, Mark A. Steuer Director of Engineering Services/City Engineer MAS/JAD/SH:/Is P3 Attachment ROOF REPAIRS AND MAINTENANCE TO FIRE STATION N0.4, FIRE STATION N0.5 AND FIRE SHOPS ~ FIRE STATION N0.5 r •~ : _ .ALMOND ~,____-~I~ ..I~ .I ~ :. ~: I ~^ HILLSI E D -I'll I ,' I I I F ILSO AVE ~~ 24TH ST ' • ~ BAN N ST ^ a EMO D ^ pytlVU~~ \I• "^~isH ~ 30 \•c¢i N ~~ IN R N i 0 (.'1 ~o~~ ~~^~ i ~ I J SUMMIT AV ~ ^ HIGH ND A a 0 30 ~ m VICTOR PARK N~ Y W w U ~ ~ ~ CENTS ARROW 66 DR. ROU W 'Y•" ~,' IUUU 6TH ST to I 4TH ST ? _ ~~ •1~.~~1_n. _ w N- I AFIRE STATION N0.4 FIRE SHOPS CITY OF RANCHO CUCAMONGA VICINITY MAP N RANCHO CUCAMONGA FIRE PROTECTION DISTRICT F5 Agenda Check Register 6/10/2009 through 6/23/2009 Check No. Check Date Vendor Name Amount AP - 00283653 6/10/2009 BAB STEERING HYDRAULICS INC 1,112.16 AP - 00283657 6/10/2009 BAUER COMPRESSORS 1,480.30 AP - 00283663 6/10/2009 BRADLEY, EB 1,002.76 AP - 00283669 6/10/2009 CARQUEST AUTO PARTS 37.83 AP - 00283670 6/10/2009 CARSON, DANIEL 400.07 AP - 00283670 6/10/2009 CARSON, DANIEL 50.00 AP - 00283675 6/10/2009 COMMERCIAL DOOR COMPANY INC 623.50 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 312.87 AP - 00283690 6/10/2009 DAPPER TIRE CO 10,334.98 AP - 00283702 6/10/2009 EIGHTH AVENUE ENTERPRISE LLC 313.89 AP - 00283707 6/10/2009 EMPLOYMENT SOLUTIONS 210.00 AP - 00283707 6/10/2009 EMPLOYMENT SOLUTIONS 280.00 AP - 00283766 6/10/2009 KUSSMAUL ELECTRONICS CO 70.16 AP - 00283767 6/10/2009 L S A ASSOCIATES INC 1,750.00 AP - 00283774 6/10/2009 LOWES COMPANIES INC. 54.59 AP - 00283774 6/10/2009 LOWES COMPANIES INC. 37.95 AP - 00283774 6/10/2009 LOWES COMPANIES INC. 82.22 AP - 00283774 6/10/2009 LOWES COMPANIES INC. 312.65 AP - 00283774 6/10/2009 LOWES COMPANIES INC. 15.56 AP - 00283778 6/10/2009 MARIPOSA HORTICULTURAL ENT INC 214.56 AP - 00283778 6/10/2009 MARIPOSA HORTICULTURAL ENT INC 1,960.66 AP - 00283778 6/10/2009 MARIPOSA HORTICULTURAL ENT INC 1,960.66 AP - 00283778 6/10/2009 MARIPOSA HORTICULTURAL ENT INC 268.19 .AP - 00283785 6/10/2009 MYERS TIRE SUPPLY 1,076.25 AP - 00283787 6/10/2009 NAPA AUTO PARTS 1,305.00 AP-00283791 6/10/2009 NEXTEL 38.60 AP - 00283801 6/10/2009 OWEN ELECTRIC INC 125.61 AP - 00283803 6/10/2009 PARKES, DR KEVIN 10,000.00 AP - 00283809 6/10/2009 PF SERVICES INC 871.84 AP - 00283819 6/10/2009 RAYNE WATER CONDITIONING INC 24.50 AP - 00283825 6/10/2009 RRM DESIGN GROUP 2,712.04 AP - 00283832 6/10/2009 SAN BERNARDINO COUNTY FIRE DEPARTMEN 200.00 AP - 00283833 6/10/2009 SAN BERNARDINO COUNTY FIRE DEPARTMEN 400.00 AP - 00283838 6/10/2009 SIGNCRAFTERS OF RANCHO CUCAMONGA 32.63 AP - 00283840 6/10/2009 SMART AND FINAL 26.23 AP - 00283843 6/10/2009 SORENSEN, SCOTT D 100.00 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 677.29 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDTSON 264.09 AP - 00283858 6/10/2009 SUN BADGE CO 791.16 AP - 00283858 6/10/2009 SUN BADGE CO -277.19 AP - 00283858 6/10/2009 SUN BADGE CO -295.39 AP - 00283871 6/10/2009 VERIZON BUSINESS 8.00 AP - 00283872 6/10/2009 VERIZON WIRELESS - LA 411.44 AP - 00283872 6/10/2009 VERIZON WIRELESS - LA 61.03 AP - 00283872 6/10/2009 VERIZON WIRELESS - LA 91.54 AP - 00283872 6/10/2009 VERIZON WIRELESS - LA 690.62 AP - 00283872 6/10/2009 VERIZON WIRELESS - LA 41.13 . AP - 00283872 6/10/2009 VERIZON WIRELESS - LA 76.27 AP - 00283872 6/10/2009 VERIZON WIRELESS - LA 76.31 AP - 00283873 6/10/2009 VERIZON 18.65 AP - 00283873 6/10/2009 VERIZON 35.04 AP - 00283881 6/10/2009 XEROX CORPORATION 99.75 AP - 00283881 6/10/2009 XEROX CORPORATION 159.00 AP - 00283895 6/17/2009 AIRGAS WEST 217.01 User: VLOPEZ -Veronica Lopez Page: 1 Current Date: 06/25/200 Report:CK_AGEA'DA_R EG_PORTRA[ T_RC - CK: Agenda Check Register Pomaii Layoui Time: 07:05:4 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P6 Aeenda Check Reeister 6/10/2009 through 6/23/2009 Check No. Check Date Vendor Name Amount AP - 00283899 6/17/2009 ALL CITIES TOOLS 2,898.97 AP - 00283928 6/17/2009 BASTIAN, DAVID 9.68 AP - 00283931 6/17/2009 BICONDOVA, JOHN 320.00 AP - 00283951 6/17/2009 CARQUEST AUTO PARTS 6.50 AP - 00283951 6/17/2009 CARQUEST AUTO PARTS 38.79 AP - 00283951 6/17/2009 CARQUEST AUTO PARTS 143.47 AP - 00283953 6/17/2009 CARSON, DANIEL 80.00 AP - 00283953 6/17/2009 CARSON, DANIEL 412.84 AP - 00283962 6/17/2009 CHINO MOWER AND ENGINE SERVICE 642.61 AP - 00283967 6/17/2009 COMEAU, CHAD 180.00 AP - 00284000 6/17/2009 . FALCON, BRIAN 124.41 AP - 00284005 6/17/2009 FLEET SERVICES INC. 311.58 AP - 00284009 6/17/2009 GANDOLFO'S NY DELI 97.86 AP - 00284031 6/17/2009 HOYT LUMBER CO., SM 46.95 AP - 00284032 6/17/2009 HSBC BUSINESS SOLUTIONS 385.50 AP - 00284032 6/17/2009 HSBC BUSINESS SOLUTIONS 436.11 AP - 00284032 6/17/2009 HSBC BUSINESS SOLUTIONS 417.35 AP - 00284045 6/17/2009 INLAND OVERHEAD DOOR COMPANY 246.25 AP - 00284078 6/17/2009 MARIPOSA HORTICULTURAL ENT INC 909.50 AP - 00284082 6/17/2009 MEDINA, BREANNA 500.00 AP - 00284088 6/17/2009 MYERS TIRE SUPPLY 38.80 AP - 00284091 6/17/2009 NOREEN, ERIC S. 80.00 AP - 00284091 6/17/2009 NOREEN, ERIC S. S 1.50 AP - 00284094 6/17/2009 OFFICE DEPOT 11.35 AP - 00284094 6/17/2009 OFFICE DEPOT 22.80 AP - 00284094 6/17/2009 OFFICE DEPOT 70.34 AP - 00284100 6/17/2009 PATTON SALES CORD 163.78 AP - 00284127 6/17/2009 RICHARDS WATSON AND GERSHON 2,442.22 AP - 00284133 6/17/2009 ROJER, IVAN M. 130.00' AP - 00284137 6/17/2009 SAN ANTONIO COMMUNITY HOSPITAL 50.00 AP - 00284142 6/17/2009 SCOTT MCLEOD PLUMBING INC 127.50 AP - 00284157 6/17/2009 SMART AND FINAL 100.06 AP - 00284157 6/17/2009 SMART AND FINAL 22.65 AP - 00284157 6/17/2009 SMART AND FINAL 77.25 AP - 00284158 6/17/2009 SNAWDER, RICK 150.00 AP - 00284165 6/17/2009 STAPLETON, JOSHUA 39.60 AP - 00284165 6/17/2009 STAPLETON, JOSHUA 102.37 AP - 00284179 6/17/2009 TERMINIX PROCESSING CENTER 42.00 AP - 00284179 6/17/2009 TERMINIX PROCESSING CENTER 79.00 AP - 00284179 6/17/2009 TERMINIX PROCESSING CENTER 67.00 AP - 00284187 6/17/2009 UNIFIRST UNIFORM SERVICE 58.72 AP - 00284]87 6/17/2009 UNIFIRS'I UNIFORM SERVICE 58.72 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 35.06 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.79 AP - 00284210 6/17/2009 WALKER, ROBERT 35.00 AP - 00284210 6/17/2009 WALKER, ROBERT 160.00 AP - 00284210 6/17/2009 WALKER, ROBERT 160.00 AP - 00284225 6/22/2009 _ MORGAN, BYRON SS9.32 Total for Check ID AP: 56,124.24 EP - 00000454 6/10/2009 BAN"CAU, VICTORIA 3,494.94 EP - 000004SS 6/]0/2009 BAZAL, SUSAN 1,163.82 EP - 00000456 6/10/2009 INTERLICCHIA, ROSALYN 2,507.73 EP - 00000457 6/10/2009 MCMILLEN. LINDA 857.64 User: VLOPEZ -Veronica Lopez Page: 2 Current Date: 06/2S/200 Report:CK_AGENDA_ REG_PORTRAI T_RC - CK: Agenda Check Register Portrait Layout Time: 07:05:4 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Re>?ister 6/10/2009 through 6/23/2009 Check No. Check Date Vendor Name Amount EP - 00000463 6/22/2009 AHUMADA, ALEXANDER R 1,324.42 EP - 00000464 6/22/2009 ALMAND, LLOYD 708.20 EP - 00000465 6/22/2009 ARTHUR, VERA .179.16 EP - 00000466 6/22/2009 BANTAU, VICTORIA 362.58 EP - 00000467 6/22/2009 BAZAL, SUSAN 1,107.12 EP - 00000468 6/22/2009 BILLINGS, ESTER 240.44 EP - 00000469 6/22/2009 CARNES, KENNETH 675.04 EP - 00000470 6/22/2009 CORCORAN, ROBERT 1,294.74 EP - 00000471 6/22/2009 COX, GEORGE 459.32 EP - 00000472 6/22/2009 COX, KARL 708.20 EP - 00000473 6/22/2009 CRANE, RALPH 1,532.30 EP - 00000474 6/22/2009 CROSSLAND, WILBUR 459.32 EP - 00000475 6/22/2009 EAGLESON, MICHAEL 1,713.46 EP - 00000476 6/22/2009 FRITCHEY, ]OHN D. 675.04 EP - 00000477 6/22/2009 HEYDE, DONALD 1,294.74 EP - 00000478 6/22/2009 INTERLICCHIA, ROSALYN 696.39 EP - 00000479 6/22/2009 KILMER, STEPHEN 1,713.46 EP - 00000480 6/22/2009 LANE, WILLIAM 1,713.46 EP - 00000481 6/22/2009 LEE, ALLAN 1,124.07 EP - 00000482 6/22/2009 LONGO, JOE 179.16 EP - 00000483 6/22/2009 LUTTRULL, DARRELL 675.04 EP - 00000484 6/22/2009 MACKALL, BENJAMIN 179.16 EP - 00000485 6/22/2009 MAYFIELD, RON 2,022.29 EP - 00000486 6/22/2009 MCKEE, JOHN 2,022.29 EP - 00000487 6/22/2009 MCMILLEN, LINDA 422.32 EP - 00000488 6/22/2009 MCNEIL, KENNETH 1,294.74 EP - 00000489 6/22/2009 MICHAEL, L. DENNIS 1,294.74 EP - 00000490 6/22/2009 MYSKOW, DENNIS 675.04 EP - 00000491 6/22/2009 NAUMAN, MICHAEL 675.04 EP - 00000492 6/22/2009 NEE, RON 2,022.29 EP - 00000493 6/22/2009 NELSON, MARY ]ANE 287.02 EP - 00000494 6/22/2009 POST, MICHAEL R 1,265.22 EP - 00000495 6/22/2009 SALISBURY, THOMAS 1,294.74 EP - 00000496 6/22/2009 SMITH, RONALD 675.04 EP - 00000497 6/22/2009 SPAGNOLO, SAM 459.32 EP - 00000498 6/22/2009 SPAIN, WILLIAM 675.04 EP - 00000499 6/22/2009 SULLIVAN, JAMES 749.22 EP - 00000500 6/22/2009 TAYLOR, STEVE 971.11 EP - 00000501 6/22/2009 TULEY, TERRY 1,294.74 EP - 00000502 6/22/2009 VANDERKALLEN, FRANCIS 1,294.74 EP - 00000503 6/22/2009 WALKER, KENNETH 303.60 EP - 00000504 6/22/2009 WOLFE, DUANE 1,532.30 EP - 00000505 6/22/2009 YOWELL, TIMOTHY A 2,022.29 Total for Check ID EP: 50.292.08 Total for Entity: 106,416.32 P7 User: VLOPEZ -Veronica Lopez Page: 3 Current Date: 06/25/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 07:05:4 STAFF REPORT ADMINISTRdTIVE SERVICES DEPdRTbiENT RANCHO Date: July 1, 2009 CUCAMONGA To: President and Members of the Board of Directors Jack Lam, AICP, City Manager . From: John R. Gillison, Deputy City Manager/Administrative Servic Subject: APPROVAL OF A RESOLUTION ADOPTING A MEMORAN M UNDERSTANDING BETWEEN THE RANCHO CUCAMONGA FIR PROTECTION DISTRICT AND THE RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 FOR FISCAL YEAR 2009-10 RECOMMENDATION It is recommended that the Rancho Cucamonga Fire Protection District Board of Directors adopt the attached Resolution, enacting the Memorandum of Understanding between the Fire District and the Rancho Cucamonga Firefighters Local 2274 (Fire Union) for the period beginning July 1, 2009 through June 30, 2010. BACKGROUND Representatives of the Fire District and the Fire Union have met and conferred in good faith and reached an agreement for a one (1) year labor contract that covers the period beginning July 1, 2009 through June 30, 2010, with an option for a second year extension (through June 20, 2011 on the same terms and conditions) that must be exercised no later than March 1, 2010. The attached Memorandum of Understanding is the aforementioned labor contract and implements the negotiated provisions for Fiscal Year 2009-10. In recognition of the current economic conditions in the State of California, and the fiscal challenges facing all local agencies, including the Rancho Cucamonga Fire Protection District, this memorandum provides for no increase in salaries or health care costs during the contract period. P8 Attachments: 1. Resolution Enacting 2009-10 Rancho Cucamonga Firefighters Local 2274 MOU 2. 2009-10 Rancho Cucamonga Firefighters Local 2274 MOU P9 RESOLUTION NO. FD Q q-O 3 ~"~ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT 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 2009-70. A. RECITALS Representatives of the Rancho Cucamonga Fire Protection District ("District": hereinafter) and the Rancho Cucamonga Firefighters Local 2274 (Union) have met and conferred pursuant to the provisions of the Meyers-Milias-Brown Act (California Government Code §3500, et seq.) with regard to wages, benefits and other terms and conditions of employment. Representatives of the District and Union have agreed upon and presented to this Board a Memorandum of Understanding pertaining to the Fire Union effective, July 1, 2009 specifying the results of said meet and confer process. All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District of the City of Rancho Cucamonga, California, does hereby find, determine and resolve as follows: 1. In all respects, as set forth in the Recitals, Part A of this Resolution. 2. The attached Memorandum of Understanding entered into by and between District representatives and the Fire Union representatives for Fiscal Year 2009-10 effective July 1, 2009 is.hereby approved and ratified by the Board of Directors. 3. The Secretary shall certify to the adoption of this resolution. PASSED, APROVED AND ADOPTED this day of , 2009. AYES: NOES: ABSENT: ABSTAINED: Donald J. Kurth, MD, President ATTEST: Janice Reynolds, Secretary P10 I, Janice Reynolds, Secretary of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Meeting of said Board held on the day of , 2009. Executed this day of , 2009 at Rancho Cucamonga, California. Janice Reynolds, Secretary P11 MEMORANDUM OFUNDERSTANDING RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 2009-2010 P12 TABLE OF CONTENTS PREAMBLE ................:................................................................................. 1 ARTICLE I RECOGNITION ..................................................................... ...... 1 ARTICLE II COMPENSATION :........................................................................ 1 § 1 Survey ............................................................................................. 1 § 2 Salary Plan ....................................................... .........:...............:...... 3 A. Salary Adjustment ...................................... ................................ 3 B. Salary Ranges .......................................... ................................. 3 C. On Call Pay .............................................. ................................ 6 § 3 Work Periods and Overtime ................................. ................................ 6 A. Work Periods ............................................ .................................6 B. Work Shifts ......................................:........ ................................ 7 C. Flex Time ................................................. ................................ 7 D. Overtime Pay ............................................ ................................ 7 E. Call Back ................................................ .................................8 F. 4/10 Schedule .....:..................................... ................................ 8 § 4 Uniform Allowance ...........................:................................................. 8 § 5 Employee Group Insurance ................................. .................................8 A. Health Insurance ....................................... .................................8 B. Dental lnsurance ....................................... .................................9 C. Vision Insurance ........................................ ................................9 D. Life Insurance ........................................... .................................9 § 6 Reimbursement for Approved College and University Courses ..................... 9 § 7 Retirement Plan ...............................................................................10 A. Benefits ..................................................................................10 B. Conversion -Union ...................................................................11 C. Military Service Buy-Back ...........................................................11 § 8 Work Related Injuries ....................................................................... 11 § 9 Carpooling ......................................................................................11 § 10 IRS 125 Plan .................................................................................11 § 11 Retiree Health Savings Account/Trust ................................................ 12 ARTICLE III LEAVES ................................................................................... 12 § 1 Holidays ..................................................:..................................... 12 § 2 Vacation Leave ................................................................................14 § 3 Sick Leave ..................................................................................... 15 Fire Union MOU 2009-10. doc P13 § 4 Conversion Factor ....................................................... .....................16 § 5 Personal Leave .......................................................... ..................... 17 § 6 Bereavement Leave .................................................... .....................18 A. 40 hour Personnel ............................................... .....................18 B. Shift Personnel ................................................... ..................... 18 C. Immediate Family is Defined as .............................. .................... 18 § 7 Compensatory Time .................................................... .....................18 § 8 Military Leave ............................................................. .....................18 § 9 Jury Duty .................................................................. ..................... 19 § 10 Civil Subpoena/Criminal Subpoena ............................... .................... 19 A. Civil Subpoena ................................................... .....................19 B. Criminal Subpoena .........:.................................... .................... 20 § 11 Leaves of Absence without Pay .................................... .................... 20 § 12 Union Leave Bank ..................................................... .....................20 § 13 Natal and Adoption Pay .............................................. .....................22 A. Natal and Adoption Leave with Pay .......................... .....................22 B. Natal and Adoption Leave without Pay ..................... .................... 22 ARTICLE IV GRIEVANCE PROCEDURE .................................... .....................22 § 1 Purpose ........................................................... ..............................22 § 2 Objectives ........................................................ ..............................22 § 3 General Provisions ............................................. ..............................23 § 4 Informal Grievance Procedure .............................. .............................. 23 § 5 Formal Grievance Procedure ............................... ...............................24 A. Step I ...................................................... ...............................24 B. Step 11 ...................................................... ..............................24 C. Step III ..................................................... ..............................24 ARTICLE V DISCIPLINARY APPEAL ................................ ..............................25 § 1 Purpose ...................................................... ...................................25 § 2 General Provisions ........................................ ...................................26 § 3 Pre-Disciplinary Notice ................................... ...................................26 § 4 Hearing Officer Appeal ................................... .................................. 28 § 5 CEO Decision .............................................. ................................... 29 Fiie Union MOU 2009-10.doc P14 ARTICLE VI SAFETY ................................................................... ................30 § 1 Compliance .................................................................... ................30 § 2 No Discrimination ............................................................. ............... 30 § 3 Safety Equipment ............................................................ ................ 30 § 4 Employee Responsibility ................................................... .............:..30 § 5 Minimum Staffing ............................................................. ................30 § 6. Smoking Policy ................................................................ ............... 31 § 7 Weather Related Mandatory Recall ..................................... ................ 31 ARTICLE VII MANAGEMENT RIGHTS ............................................ ................ 32 § 1 Scope of Rights ............................................................... ................ 32 § 2 Emergency Conditions ...................................................... ............... 32 ARTICLE VIII MAINTENANCE OF BENEFITS ................................... ............... 33 ARTICLE IX APPROVAL BY THE BOARD OF DIRECTORS ................ ............... 33 ARTICLE X PROVISIONS OF LAW ................................................. ............... 33 ARTICLE XI TERM ......:............................................................... ................34 Fire Union MOU 2009-10.doc P15 PREAMBLE This Memorandum of Understanding ("MOU" hereinafter) is made and entered into by and between the Rancho Cucamonga Fire Protection District ("District' hereinafter), and the Rancho Cucamonga Fire Fighters' Local 2274 ("Union" hereinafter). The terms and conditions contained in this MOU are applicable to all full- time employees within this unit and contain the complete results of negotiations concerning wages, hours and other terms and conditions of employment for said employees represented herein. ARTICLE I RECOGNITION Pursuant to the provisions of existing rules and regulations and applicable State law, District hereby acknowledges Union as the exclusive recognized employee organization for the representation unit, which includes non-management safety employees of District, who are employed on a full-time basis. ARTICLE II COMPENSATION § 1. Survey District will conduct a survey in accordance with the elements and procedures provided below. A. Timing: The survey will be completed and available for review by the District and Union no later than February 1 of any fiscal year in which this MOU remains in force. Survey data will be those compensation amounts known and in effect as of the February' 1 survey date. In the event a survey agency has an MOU that extends beyond the end of the fiscal year during which the survey is performed, the survey elements known and scheduled to be in force as of July 1 will also be surveyed and reported. B. Survey Agencies: (1) City of San Bernardino, (2) Chino Valley Fire District, (3) City of West Covina, (4) City of Riverside, (5) City of Pasadena, (6) City of Ontario and (7) City of Corona. C. Survey Elements: 1. Top step base pay for Firefighter, Engineer, Captain and Fire Inspector; 2. Emergency Medical Technician pay or stipend; 3. Paramedic pay or stipend; 4. Agency pick-up of member contributions to the Public Employees' Retirement System ("PERS"); 5. Uniform pay; 6. Maximum employer contribution to medical, dental, vision and long term disability plans for new employees; and 1 Fire Union MOU 2009-70. doc P16 7. Any other incentive or premium that 50% or more of the individuals in a given classification at an agency are eligible to receive, if it is also provided by more than 50% of the survey agencies, exclusive of the District. An individual is "eligible to receive" an incentive or premium if that individual can receive the item upon satisfaction of specified conditions (if any), without limits as to the number of individuals who can receive the incentive. For example, if a specialized training incentive is available to each individual who achieves the specific technical qualifications, the individual is "eligible to receive" that incentive even if he or she has not yet attained the technical certification that is required to actually receive it. Conversely, if a department offers a premium that requires training but only grants that premium to a limited number of individuals or only to individuals in a certain limited number of assignments, the number of individuals above the limit are not eligible to receive the premium. In those instances the stipends may be reviewed and discussed on an individual basis. D. Survey Procedures and Uses: Any survey element that is expressed as a percent of salary will be converted to a dollar amount using the top step base pay for the classification and agency involved. Multi-tiered survey elements involving medical benefits or other health and welfare benefits will be surveyed based on the compensation provided to new employees for that element. If applicable, other multi- tiered incentives will be surveyed at the highest amount of incentive pay obtainable, so long as the thresholds in Item C.7. are met. For comparison purposes in determining a market average, the high and low agency (of those that receive any given benefit) will be dropped for each salary element, except base salary, where all survey agencies will be used. After dropping the high and low agency, the mean average for the applicable survey element will be calculated. The resulting average numbers for each survey element will be added together to determine a cumulative average total compensation. The results may be used for comparison purposes in negotiations involving future compensation adjustments. There is no obligation to implement any salary element or to make any compensation adjustment based on the survey results and the parties acknowledge that other factors, including revenue, staffing, PERS contributions and other post employment benefit ("OPEB") costs play a significant factor in the ability of the District to implement any survey element. Example: 1. Look at a particular benefit at the maximum level achievable (in this example highlighted in yellow for each city): Cit of San Bernardino Benefit X - 7% Chino Valle Fire District N/A Cit of West Covina Benefit X - 3% or 5% Cit of Riverside Benefit X - 5%; 10% or 15% City of Pasadena Benefit X - 3% or 6% City of Ontario N/A _ _ City of Corona Benefit X - 2%_ __ _ 2 Fire Union MOU 2009-70. doc P17 2. Drop high (Riverside 15%) and low (Corona 2%) from among the five agencies that offer the benefit. 3. Average remaining three cities [(W.C 5% + Pasadena 6% + S.B 4. Thus Benefit X for market comparison purposes is assumed to be 6%. § 2. Salary Plan A. Salary Adjustment There shall be no (0%) cost of living adjustment during the term of this agreement. B. Salary Ranges The base salary ranges for all classes in the bargaining units shall consist of ranges having five (5) steps, labeled A through E, with approximately five percent (5%) between each step. Placement within the range shall be in accordance with the following: 1. Salary on Appointment New employees shall be compensated at Step "A" of the salary range to which their class is allocated. If unusual recruitment difficulties are encountered or a candidate is exceptionally well qualified, appointment at a higher step in the salary range may be authorized by the Fire Chief. 2. Merit Salary Adjustments Advancement within a salary range shall not be automatic, but shall be based upon job performance and granted only on the recommendation of the employee's supervisor and approval of the Fire Chief. Employees shall be considered for merit salary increases in accordance with the following: a. Employees who are placed at Step A upon original employment, reinstatement, or promotion are eligible for a merit salary review after six (6) months of service. Subsequent merit salary review dates shall fall upon the completion of twelve (12) month service intervals. b. Employees who are placed at Step B or above upon original employment, reinstatement, or promotion shall be eligible for a merit salary review after twelve (12) months of service. Subsequent review dates shall fall upon the completion of twelve (12) month service intervals. c. The granting of an official leave of absence of more than thirty (30) continuous calendar days, other than military leave, shall cause the_ employee's merit salary review date to be extended the number of calendar days he or she was on leave. d. If, in the supervisor's judgment, the employee's performance does not justify a salary increase on the review date, the employee shall be reevaluated before the expiration of six (6) months dating from the employee's review date. If the 3 Fire Union MOU 2009-10.doc P18 period of postponement exceeds three (3) months and the employee receives a salary increase, the employee shall be assigned a new review date based on the date the increase was granted. e. Authorized salary step increases shall become effective at the beginning of the pay period nearest the employee's review date. f. Should an employee's review date be overlooked, and upon discovery of the error, the employee is recommended for a salary increase, the employee shall receive a supplemental payment compensating him or her for the additional salary he or she would have received had the increase been granted at the appropriate time. g. The normal merit salary increase shall be one (1) step granted in accordance with the preceding. However, to reward outstanding achievement and performance, the Fire Chief may grant one (1) additional step increase not to exceed one (1) step in any (6) month period. h. In order to address a situation wherein application of this section would result in the inequitable treatment of employees and upon the recommendation of the Fire Chief and approval of the Board, an employee may be placed at any step in the salary range for his or her class. 3. Salary on Promotion An employee, who is promoted to• a position in a class with a higher salary range than the class in which he or she formerly occupied a position, shall receive the nearest higher monthly salary in the higher salary range that would constitute a minimum five percent (5%) salary increase over his or her base salary rate, provided that no employee may receive a rate in excess of Step E of the promotional class. If the promotion occurs within sixty (60) days of a scheduled merit salary review date, the employee shall receive the merit increase (if otherwise entitled to it) and the promotional increase concurrently. The employee shall be given a new merit salary review date for purposes of future salary step advancement. The new date shall be based upon the effective date of the promotion. 4. Salary on Demotion An employee who is demoted to a position in a class with a lower salary range shall receive a new merit salary review date based upon the effective date of the demotion and receive a salary in accordance with the following: a. Disciplinary demotion -any designated salary step in the lower salary range which will result in the employee's receiving at least a five (5) percent reduction in pay. b. Non-disciplinary demotion -that salary step he or she would have received in the lower class if his or her services had been continuous in said lower class. 4 Fire Union MOU 2009-70.doc P19 5. Salary on Transfer An employee who is transferred from one position to another in the same class or to another position in a similar class having the same salary range shall receive the same step in the salary range previously received and the merit salary review date shall not change. 6. Salary on Position Reclassification When an employee's position is reclassified and the employee is appointed to the position, salary shall be determined as follows: a. If the position is reclassified to a class with a higher salary range than the former class, salary and merit salary review date shall be set in the same manner as if he or she had been promoted. b. If the salary of the employee is the same or less than the maximum of the salary range of the new class and the salary range of the new class is the same as the previous class, the salary and merit salary review date shall not change. c. If the salary of the employee is greater than the maximum of the range of the new class, the salary of the employee shall be designated as a "Y-rate" and shall not change during continuous regular service until the maximum of the salary range to which the class is assigned exceeds the salary of the employee. 7. Salary on Re-employment An employee recalled after a layoff shall receive the same salary step in the range of the class which he or she was receiving upon layoff. 8. Salary on Rehire Upon rehire, an employee shall be placed at such salary step as may be recommended by the supervisor and approved by the Fire Chief. The employee's merit salary review date shall be based on the date of rehire. 9. Acting Pay Acting pay shall be one (1) step, approximately five percent (5%), above the affected employee's base salary rate. To receive acting pay the employee must: a. Be formally assigned duties appropriate to the higher class. b. Work in the higher class at least fifteen (15) consecutive work days, five (5) shifts for employees working twenty-four (24) hour shifts. Acting pay will be paid beginning with the sixteenth (16th) consecutive day worked in an acting capacity, sixth (6th) shift for employees working twenty-four (24) hours shifts. 10. Salary on Change in Range Assignment When a class is reassigned to either a higher or lower salary range by the Board, the salary of each incumbent in such class on the date the reassignment is effective shall be adjusted to the step he or she was receiving in the former range. 5 Fire Union MOU 2009-10.doc P20 11. Premium Pay -Haz-Mat The number of personnel maintained on the Haz-Mat team is determined by the needs of the District. The decision as to the number of personnel on the team is made by the District. Personnel on the team must maintain their state certification, membership in the West End Hazardous Assistance Team, attend reasonable training sessions deemed necessary by the District, and agree to remain members of the DistricCs Haz-Mat Team for a period of 3 years. Training to maintain status on the team shall be at District expense. Members who meet the above requirements shall be compensated for their involvement by being paid a dollar amount equal to five percent (5%) of Step E of the Fire Engineer class. 12. K-9 Stipend The District agrees to provide a stipend that is equivalent to five percent (5%) of Step E of the Fire Engineer class, to the Fire Inspector or the employee who is charged with the responsibility of canine care, handling and maintenance. 13. Paramedic Compensation Regardless of the classification of unit members who are eligible for paramedic compensation, said compensation shall be the equivalent of 12.13% of the unadjusted top step base salary of the Engineer classification. 14. Field Training Officer The District agrees to provide a stipend that is equivalent to 9.3% percent of Step E of the Fire Captain class, to the Field Training Officer position, or employee who is charged with these duties. C. On Call Pay Employees in a classification of Fire Prevention Inspector shall receive five percent (5%) of E step of Fire Engineer per month as full compensation for services in an on-call status. The requirements and conditions which attend on-call status shall be established by the Districf and affected employees agree to comply with said requirements and conditions. It is understood by the District and Union that the amount of on-call time (approximately one third (1/3) of required monthly on-call) to be served by each employee was instrumental in arriving at the accord noted herein. § 3. Work Periods and Overtime A. Work Periods 1. The work period for shift personnel is fourteen (14) days. Overtime is paid for time worked in excess of one hundred six (106) hours in the period. 2. The work period for forty (40) hour personnel is seven (7) days with overtime being time worked in excess of forty (40) hours in the period. 3. Newly hired, trainee firefighters who are students at the RCFD Fire Academy shall work a 48-hour per week schedule, inclusive of a paid meal period and breaks. 6 Fire Union MOU 2009-10.doc P21 B. Work Shifts 1. All twenty-four (24) hour work shifts begin at 0800 and end at 0800 the following day, twenty-four (24) hours thereafter. 2. Ten (10) hour work shifts begin at 0700 and end at 1800. C. Flex Time 1. The work schedules of employees assigned to other than fire suppression are subject to change depending on needs of the service or desires of the concerned employee(s) (see item 3). 2. The District shall not change work schedules when the sole purpose of the change is to avoid payment of time and one-half for overtime. This however, is not to be interpreted as preventing a schedule chahge upon the mutual agreement of the District and affected employee. 3. Employees may request .schedule changes to address personal interests. Whenever possible such requests will be accommodated, provided however, that needs of the service as determined by the District will take precedence over employee preferences. 4. The District will not effect schedule changes but for good and sufficient cause. D. Overtime Pay 1. The rate of pay for overtime hours worked shall be at the rate of time and one-half (1.5) the regular rate of pay, for those employees eligible for overtime. 2. Wages: The Battalion Chief in Training and suppression Battalion Chief's will be paid overtime at the fifty-six (56) hour rate for any overtime worked, at time and one-half (1.5) rate of pay. 3. For purposes of computing overtime pay under the Fair Labor Standards Act, military leave shall not be considered hours worked. Holiday, vacation, sick, and injury leave shall be considered as hours worked for purposes of computing overtime. District shall implement the inclusion of holiday and sick leave hereunder effective the first day of the first full pay period commencing after February 5, 1997. District further agrees to provide to each unit member the estimated cash value thereof (three tenths of one percent (0.3%)) from July 1, 1996 through the date of implementation thereof hereunder. 4. For the purpose of this section, work time shall not include traveling to or from the normal work site. 5. All full-time employees who are called back to work from off-duty as a result of an emergency, shall be paid at the rate of time and one-half for any hours worked, with a minimum of two (2) hours pay for each emergency recall. Employees required to work more than fifteen (15) minutes shall be compensated for a minimum of one (1) hour; any time worked over one (1) hour will be paid in one-half hour increments. (Fifteen (15) minutes work shall constitute one-half hour.) For purposes of this section, work time shall not include time spent in traveling to and from the work site. 7 Fire Union MOU 2009-10.doc P22 6. Employees required (held over) to work more than fifteen (15) minutes overtime shall be compensated for a minimum of one (1) hour. Any overtime worked in excess of one (1) hour will be paid in half hour increments. Provisions shall be made for an equitable distribution of overtime, consistent with efficient operations of the District. 7. Employees may be subject to recall to be placed on overtime to fill vacancies created by District wide training programs of a class wide nature. Employees must receive at least two (2) weeks notice of recall. 8. SPECIAL EVENT RECALL -The District and the Union will continue to discuss informally details of special event recall staffing. A mutually satisfactory agreement, once reached by the parties, shall be set forth in a written side- letter to this agreement. E. Call Back A minimum of two (2) hours of work time will be credited to an employee who responds to a District call~to come to work during off-duty hours. This section is not to be interpreted as requiring said minimum in the event of an extended work day or when the employee begins his or her regular work shift before the normal starting time. F. 4/10 Schedule With the 4/10 implementation, employees who experience hardship due to child care issues, may request alteration of their schedule by taking a 1/2 hour lunch and arriving at work 1/2 hour late or leaving work 1/2 hour early. Additionally, employees who carpool at least 60% of the pay period and 60% of the distance into their assigned workplace are eligible to leave 1/2 hour early from work or arrive 1/2 hour late. § 4. Uniform Allowance A. The District shall provide three (3) sets of work uniforms for each employee who is required to wear a uniform prior to his or her starting .date. Suppression members must buy their own class A uniforms at the completion of probation. B. The Fire District shall provide $500.00 annually to all safety members for the purchase and maintenance of uniforms required in the performance of their job duties. § 5. Employee Group Insurance District agrees to provide group insurance plans in accordance with the following: A. Health Insurance 1. District will provide medical insurance through the State of California Public Employee's Medical and Hospital Care Program. 8 Fire Union MOU 2009-10.doc P23 2. District shall provide fully paid employee and family health insurance for all existing full-time continuous and retired employees as of November 17, 1994. Such health benefits are vested for all full time continuous and retired employees as of November 17, 1994. 3. District shall provide fully paid employee and family health insurance for all full-time continuous employees hired after November 17, 1994, at the lowest, fully paid insurance plan offered by the "Public Employees Medical and Hospital Care Program." 4. All new full-time continuous employees hired after November 17, 1994, shall be responsible for paying their premiums for medical insurance through the State of California Public Employees Medical and Hospital Care Program, upon their retirement. 5. Cash compensation in lieu of medical benefits in the amounts of $200.00 for single employees or $300.00 for employee's dependents, may be provided to those employees that can verify that their spouse and/or family can provide full health insurance. Selection of compensation shall be at the employee's discretion. The employee may reenter the DistricPs health plan at any time. B. Dentallnsurance District. shall continue to provide fully paid employee and family dental insurance plan for all full-time continuous employees. C. Vision Insurance The District shall continue to provide vision care coverage for all full time continuous employees with a maximum payment of not to exceed $22.25 a month. Employees agree to contribute 0.03% of their salary adjustment to fund their contribution of .$2.00 a month for vision insurance. The above amount of $22.25 includes the employees' contribution. The employee shall pay the cost of vision insurance in excess of $22.25. D. Life Insurance All full-time continuous employees shall be provided a term life insurance policy of $30,000, paid by District. § 6. Reimbursement for Approved College and University Courses Effective July 1, 2001, (July 1 through and including the following June 30) reimbursements by the District of the following enumerated college and/or university course expenses shall not exceed two thousand three hundred dollars ($2,300.00) during any fiscal year. Eligibility for said reimbursement in an amount not to exceed $2,300.00 in any one fiscal year, shall be contingent upon a determination by the Fire Chief or his designee that all of the following conditions precedent exist: 1. Expenses shall be incurred as regards coursework undertaken at a college or university that is licensed/accredited by the State of California. 9 Fire Union MOU 2009-10.doc P24 2. The applicant for reimbursement shall present to the Fire Chief or his designee documentation prepared by the accredited/licensed college or university which evidences the applicant's receipt of a grade of "C" or better (or a "pass" in a pass/fail class) as regards each class for which reimbursement is sought. (Where an employee is simultaneously enrolled in multiple approved classes and does not receive a "C" or "pass" in any one or more of such classes, the amount of expenses subject to District reimbursement shall be reduced and/or as appropriate, pro-rated to reflect no reimbursement being made for expenses related to classes where the minimal grade was not received). 3. Eligibility for reimbursement for said expenses shall be confined to either: 1) those courses that in and of themselves consist of curriculum which is predominantly related to the development of skills reasonably anticipated by the District to enhance the applicant's job performance (by means of anon-inclusive example only; art classes would not qualify for reimbursement); or 2) where the employee has declared a major which is job-related as set forth in this § 3(1), to those classes which must be completed as a condition precedent to successful completion of the course of study in the selected major. 4. Eligibility for reimbursement upon completion of coursework shall be predicated upon the Fire Chief or his designee making a written determination prior to the affected employee's enrollment in the course(s) for which reimbursement is later sought, that.the coursework is offered by an accredited college or university and that the above-described job nexus does exist. The determination of the Fire Chief or his designee in such regards, shall be final. 5. The costs which shall be subject to reimbursement are limited to the following: 1) tuition, 2) books, 3) supplies, 4) parking and 5) laboratory. In addition to all other conditions precedent to reimbursement set forth in this section, prior to reimbursement being approved, written receipts shall be provided to the Fire Chief or designee and shall evidence each expenditure for which reimbursement is sought. §7. Retirement Plan A. Benefits 1. District is enrolled in the State of California Public Employee's Retirement System. All benefits provided District employees under the District's Plan are paid by the District. Present benefits for public safety employees include the following: § 21362.2 3% at 50 Full Formula § 21574 1959 Survivor Benefits, Fourth level § 20615 Payment of Normal Member Contributions § 20024.2 One Year Highest Compensation 2. Effective the first payroll period commencing on or after July 1, 2006, the District shall no longer deduct 56/100 percent (0.56%) from employees' paychecks. 10 Fire Union MOU 2009-f0.doc P25 B. Conversion -Union Effective July 1, 1989 employees aged 49 or over shall be permitted to convert member contributions to PERS paid by the District to salary for the purpose of establishing a higher base salary, for the last year of a pre-determined year of retirement. The employee shall then be responsible for paying said contributions. C. Military Service Buy-Back District provides for employees to buy back military service credit at the employee's own expense pursuant to PERS regulations. § 8. Work Related Injuries All management and non-management, non-safety and safety District employees are entitled to full salary and benefits when they sustain an on-the-job work related injury for up to one (1) year. (See: California Labor Code § 4850 for provisions). Although § 4850 covers only safety personnel, District is extending this same benefit to non-safety employees. Temporary disability payments received during any injury period shall be returned to District. § 9. Carpooling Those employees participating in a carpool during going to and coming from their residence and work site, shall not be in receipt of a reduced workday. Rather, those employees participating in a "carpool" shall be accorded the following benefit: Eligible carpool employees shall be regular, full-time employees who voluntarily participate in and file a "ride share application agreement." Eligibility for ride share-related benefits is conditioned upon: 1. Each affected regular and full time employee shall ride share with another person(s) in a car or vanpool. 2. In the alternative, each affected regular and full time employee shall drive to and from work other than in an automobile. For example, such transportation may include a bicycle, public transportation, walking. 3. Eligibility for ride share benefits shall be conditioned upon 1) the regular and full time employee so participating 60% of the total work days during a given month, 2) ride sharing for at least 60% of the commute distance, and 3) ride sharing between the hours of 6 and 10 a.m., Monday through Thursday. Individuals meeting the above qualifications shall earn $2 for every day that the employee ride shares, paid at the end of each quarter. Further, the City is desirous of devising some type of "drawing" to provide a singular person on a monthly basis with an item of value in recognition of ride sharing. § 10. IRS 125 Plan District shall implement authorized pre-tax payroll deduction of out-of- pocket medical contribution premiums. Said pre-tax payroll deduction shall only be used for the purpose of paying the difference between the amount of District funded 11 Fire Union MOU 2009-10. doc P26 premiums for District-provided health insurance plans, and the amount of out-of-pocket premium payments borne by the employee regarding District-provided plans. In order to allow for employee contributions to the following plans/account, during the term of this MOU, the parties shall develop and implement a Medical Savings Account to be administered by the ICMA or other entity agreed upon by the parties, with said Medical Savings Account either supplementing or replacing the IRS 125 Plan described in this Article 10. § 11. Retiree Health Savings Account/Trust During the term of this contract, the Union may elect to implement an individual, voluntary form of Trust or Retiree Health Savings Account. The District agrees to take all action reasonably necessary to assist the Union with implementing such account or trust, including, but not limited to, establishing appropriate payroll deductions. ARTICLE III LEAVES § 1. Holidays A. Holidays are those days which District designates as observed holidays. Holiday leave is a right, earned as a condition of employment, to a leave of absence with pay. The holidays designated by District are as follows: 40 Hour Personnel January 1 ............ ...... New Years Day January ............... ...... Martin Luther King's Birthday (3rd Monday) February ............. ...... President's Day (3rd Monday) May ..................... ...... Memorial Day (last Monday) July 4 .................. ...... Independence Day September .......... ...... Labor Day (1st Monday) November 11 ...... ...... Veterans Day November ........... ......Thanksgiving (4th Thursday) November ........... ...... The day following Thanksgiving December 24 ...... ...... The day preceding Christmas December 25 ...... ...... Christmas Three (3) discretionary (floating) days may be taken by an employee at his or her convenience, subject to approval by the supervisor. The thirty (30) hours for the three (3) floating holidays shall be credited to the employee at the start of pay period No. 1 of each calendar year. Whenever a holiday falls on a Sunday, the following Monday shall be observed as a holiday. Whenever a holiday falls on a Friday or Saturday, the preceding Thursday shall be observed as the holiday. 56 Hour Personnel January 1 ................New Years Day January 18 ...............hartin Luther King's Birthday 12 Fire Union MOU 2009-70.doc P27 February 12.. February 22.. May............ July 4.......... September... September 9. October 12... November 11 November.... November.... December 24 December 25 Lincoln's Birthday Washington's Birthday Memorial Day (last Monday) Independence Day Labor Day (1st Monday) Admissions Day ,Columbus Day Veterans Day ,Thanksgiving (4th Thursday) ,The day following Thanksgiving .The day preceding Christmas .Christmas B. Employees shall accrue holiday time as follows: Type of Per Maximum Personnel Holiday Annually Accrual Shift Personnel 12 hours 168 hrs 216 hours 40 Hour Personnel 10 hours 140 hrs 180 hours C. No District employee will be allowed to exceed the maximum accrual at any time. As excess holiday time is earned, it must either be taken as time off or be paid for by District. D. Effective pay period No. 1 of each year (which normally occurs mid to late December of each year), holiday time shall be accrued by the employees within the pay period in which it occurs. 1. District will buy back all or part of accrued holiday time at the then current hourly rate, if a request is made (in writing) by November 30th specifying holiday balance and exercising the option to sell back. 2. Holidays may be used as scheduled time off with the approval of the supervisor. E. District employees will be advised, in writing, within the pay period prior to the time that maximum holiday accrual is reached or that they are approaching their maximum accrual. F. Any employee who is oh vacation or sick leave when a holiday occurs will not have that holiday charged against his or her vacation or sick leave. G. Forty (40) hour personnel who obtain prior approval from their immediate supervisor to work a holiday will be allowed to bank that holiday at straight time. If a 40-hour employee who is eligible to receive overtime compensation is recalled to work on a holiday, that holiday will be banked at time and a half (1.5) for the number of hours actually worked that day. 13 Fire Union MOU 2009-70.doc P28 § 2. Vacation Leave A. Vacation leave is a right to a leave of absence with pay. It is earned as a condition of employment. All full-time employees shall, with continuous service, accrue working days of vacation monthly according to the following schedule: , 40 hour personnel Years of Annual Maximum Pay Period Completed Service Accrual Accrual Accrual Rates 1-3 years 85.72 hours 192.0 3.297 4-7 years 128.57 hours 272.0 4.945 8-10 years 171.43 hours 353.0 6.593 11-14 years 188.58 hours 353.0 7.253 15-19 years 205.72 hours 353.0 7.912 20-24 years 222.86 hours 353.0 8.572 25+ years 240.00 hours 353.0 9.231 Shift Personnel Years of Annual Maximum Pay Period Completed Service Accrual .Accrual Accrual Rates 1-3 years 120 hrs/5 shifts 288.0 4.615 4-7 years 180 hrs/7.5 shifts. 408.0 6.923 8-10 years 240 hrs/10 shifts 528.0 9.231 11-14 years 264 hrs/11 shifts 528.0 10.154 15-19 years 288 hrs/12 shifts 528.0. 11.077 20-24 years 312 hrs/13 shifts 528.00 12.002 25+ years 336 hrs/14 shifts 528.00 12.923 B. An employee who, as of July 1 of any given year, has completed 10, 15, 20 or 25 years of service shall receive a onetime credit of 24 hours of vacation, if a shift employee, or 10 hours, if a 40 hour employee. The employee shall, beginning the 11th, 15th, 20th, and 25th year, accrue vacation at the appropriate pay period accrual rate. C. The District will notify employees, in writing, within the pay period prior to the time that maximum vacation accrual will be reached that the accrual is approaching that maximum. The employee will then be required to (1) schedule time off or, (2) receive pay in lieu of time off so as to not exceed the maximum accrual. D. Any full-time employee who is about to terminate employment and has earned vacation time to his or her credit, shall be paid for such vacation time on the effective date of such termination. When separation is caused by death of an employee, payment shall be made to the estate of such employee. 14 Fire Union MOU 2009-10.doc P29 § 3. Sick Leave Sick leave is the authorized absence from duty of an employee because of physical or mental illness, injury, pregnancy, confirmed exposure to a serious contagious disease, or for a medical, optical, or dental appointment. A. Full-time Employees 1. Sick leave is that amount of leave designated by District. 2. All employees shall be entitled to sick leave as follows: Personnel Monthly Annual Accrual Max. Accrual 40 hr Personnel 10 hours 120 hours No limit Shift Personnel 12 hours 144 hours No limit (1/2 shift) (6 shifts) 3. Sick leave with pay may be used for: a. Any bona fide illness or injury. b. Quarantine due to exposure to contagious disease. c. Any treatment or examination included to, but not limited to, medical, dental, eye, or psychiatric examinations. d. Not more than twelve (12) days for 40-hour employees or six (6) shifts for shift personnel of sick leave each calendar year in case an employee's presence is required elsewhere because of sickness, disability, or child birth of a member of his/her immediate family, as defined in District Personnel Rules. B. No employee shall be entitled to sick leave with pay while absent from duty for the following causes: 1. Disability arising from sickness or injury purposely self-inflicted or caused by his or her own willful misconduct. 2. Sickness or disability sustained while on leave of absence. C. Sick leave shall not be used in lieu of or in addition to vacation. D. The Fire Chief reserves the right to require evidence in the form of a physician's certificate whenever an employee is absent and requests sick leave for the period of absence, excepting personal leave (see Section 5). E. Any employee absent from work due to illness or accident, may at the discretion of the Fire Chief, be required to submit to a physical examination before returning to active duty. Such physical examination shall be performed by a physician specified by District and shall be at District expense. F. Termination of an employee's continuous service, except by reason of retirement or lay-off for lack of work or funds shall abrogate all sick leave and no payment will be made by the District for sick leave accrued to the time of such 15 Fire Unian MOU 2009-10. doc P30 termination regardless of whether or not such employee subsequently reenters District service. G. Any employee incurring a serious injury or illness while on paid vacation leave may have those days of illness changed to sick leave with pay and vacation days restored accordingly, provided the employee has sufficient sick leave accrued and the period of illness is certified by a written doctor's statement. H. Employees with ten (10) or more years of service shall be eligible to convert unused sick leave to vacation in accordance with the following: 1. Shift employees who in the preceding calendar year have accrued 108 to 144 (90 to 120 for 40-hour week employees) unused hours of sick leave earned in that preceding calendar year, may exercise the option of having one-half (1/2) of that unused sick leave accrued in the preceding year converted to vacation leave and the remainder carried over as accrued sick leave. 2. Those members of this unit who have accrued 72 to 108 (60 to 90 for 40-hour week employees) unused hours of sick leave earned in the preceding calendar year may exercise the option of having one-fourth (1/4) of the unused sick leave accrued in the preceding calendar year converted to vacation leave and the remainder carried over as accrued sick leave. 3. Any employee who qualifies to convert sick leave to vacation leave must submit a written request to the District on or before January 15th of the year in which the conversion is to be made. I. Upon the service retirement of an employee, the employee will have the option of selling back to the District up to one-half of the total accumulated unused sick leave at his or her then current hourly rate, or the employee may apply unused accumulated sick leave toward service time for retirement, in accordance with the Public Employees' Retirement Law, California Government Code § 20862.8. Sick leave bought back by the District may not be applied for service credit, but the sick leave remaining after the "buy-back" may be credited as service time in accordance with the above- mentioned law. § 4. Conversion Factor Effective April 1, 1990, the factor used to convert the accruals for forty (40) hour per week personnel to fifty-six (56) hour per week personnel will be: Vacation, sick leave, and holiday: 16 Fire Union MOU 2009-10.doc P31 Work Week Basis Vacation 40 Hour 56 Hour Conversion Factor 1-3 years 85.72 120 1.5 4-7 years 128.57 180 1.5 8-10 years 171.43 240 1.5 11 - 19 years 188.58 264 1.57 20-24 years 196.58 288 1.57 25+ years 204.58 312 1.57 Holiday 140 168 1.5 Sick 120 144 1.5 (40 to 56) EXAMPLE (8-10 year employee) Employee Benefits Vacation = 100 hours Holiday = 72 hours Sick = 300 hours 472 total hours x 1.5 (factor) = 708 hours total Note: If an employee goes forma 56 to 40 hours basis, the conversion will be the reciprocal of 1.5 or .667. § 5. Personal Leave A. The employee shall be granted one (1) day paid personal leave to attend the funeral of a close relative not in the employee's immediate family. B. An employee required to appear before a court for other than subpoenas due to actions as a District employee or jury duty will receive the necessary time as paid personal leave, providing: 1. He or she notifies his or her supervisor or Duty Chief in advance, with adequate time remaining so that a relief may be obtained. 2. The employee must return to duty within a reasonable time after the appearance. C. Personal leave will be charged against any time the employee has accrued, such as sick leave, vacation, and compensatory time, at the employee's option. D. Employees can use up to twenty (20) hours of accrued sick leave as personal leave. These twenty (20) hours can be used incrementally (i.e., 1 hour, 1/2 hour) throughout the fiscal year. Use of this time is for emergency situations requiring the employee's attention and needs to be cleared with their supervisor when using this time. 17 Fire Union MOU 2009-10. doc P32 § 6. Bereavement Leave A. 40-hour Personnel In the event of a death in the employee's immediate family, the employee shall be granted three (3) days paid bereavement leave. A maximum of five (5) days paid bereavement leave shall be granted if there is a death in the immediate family outside the state boundaries. B. Shift Personnel In the event of a death in the employee's immediate family, the employee shall be granted two (2) shifts paid bereavement leave. A maximum of three (3) shifts paid bereavement leave shall be granted if there is a death in the immediate family outside the state boundaries and the employee attends.the services. C. Immediate Family is Defined as: Spouse, children, stepchildren, stepfather, stepmother, parents, brother, sister, grandfather, grandmother, grandchild, and the employee's mother-in law, father-in-law or grandparents-in law. § 7. Compensatory Time A. Compensatory time may be earned for required attendance at special meetings of the Board of Directors and District Committees, except when such meetings are held in lieu of a regularly scheduled meeting or when such meetings are called and/or scheduled as part of the annual budget preparation process and annual audit. B. Compensatory time may also be earned for special and/or unusual work situation not provided for in the preceding paragraphs. C. The earning and accrual of compensatory time requires the approval of the employee's supervisor. § 8. Military Leave A. Every employee who is a member of a state or federal reserve military unit shall be entitled to be absent from service with District while engaged in the performance of ordered military duty and while going to or returning from such duty in accordance with the laws of the State of California or federal government. B. Employees are entitled to thirty (30) days paid military leave in any one fiscal year, provided they have been employed by the District for one (1) year prior to this leave. Any employee with less than one (1) years', service must use accrued annual leave or compensatory time if he or she wishes to receive normal pay. C. Employees who are called or volunteer for service with the armed forces of the United States shall be entitled to reinstatement to their former positions. Upon application for reinstatement, the individual must display a certificate showing service was other than dishonorable. However, any individual possessing right of reinstatement automatically forfeits these rights upon voluntary enlistment for a second term. ~a Fire Union MOU 2009-10.doc P33 D. Any employee returning from service with the armed forces shall be entitled to such length of service seniority as would have been credited to them had they remained for that period of time with the District. E. An employee who was in a probationary. period at the time of military leave shall, upon return, complete the remaining portion of the probationary period according to the then present rules. F. An employee promoted to fill a vacancy created by a person serving in the armed forces shall hold such position subject to the return of the veteran. The employee affected by the return shall be restored to his or her former position or one of a similar nature while the returning employee resumes the position he or she previously held. § 9. Jury Duty Any member of District who is called or required to serve as a trial juror may be absent from duty with District during the period of such service or while necessarily being present in court as a result of such call. Such member on jury duty will continue to receive normal pay, provided he or she: A. Notifies his or her supervisor or Duty Chief, in advance, with adequate time remaining so that a relief may be obtained. B. Returned to duty within a reasonable time after being released with a signed certificate of service from the court stipulating the hours of service and release time. This certificate may be obtained by asking the court secretary or bailiff. The employee then forwards it to his or her supervisor or Duty Chief. C. Pay received for service while absent from District must be turned over to District; however, pay received while off duty may be kept by the employee. D. All personnel called for jury duty must abide by all of the above rules and must return to work if dismissed before the end of their regular work shift. § 10. Civil SubpoenatCriminal Subpoena A. Civil Subpoena When members of District have been served a civil subpoena to appear in court as a witness due fo actions as a District employee, the following procedure shall be followed: 1. Personnel will be paid at their regular hourly rate while they are in court. 2. District transportation will be provided when available. If the employee uses his or her own transportation, he or she will be reimbursed by District at the prevailing mileage rate. 3. If the employee is required to appear in a court that is outside the Rancho Cucamonga Fire Protection District and this appearance requires the employee to buy a meal and/or lodging, he or she will be reimbursed. 19 Fire Union MOU 2009-70.doc P34 If an extended appearance in court is necessary where lodging and meals would be required, authorization shall be obtained from the department head. B. Criminal Subpoena 1. Pursuant to California Penal Code § 1326, et. seq., if an employee is served with a criminal subpoena, the employee will be paid at the regular hourly rate while in court. 2. District transportation will be provided when available. If the employee uses their own transportation, they will be reimbursed by District at the prevailing mileage rate. 3. If the employee is required to.appear in court outside the Rancho Cucamonga Fire Protection District and this appearance requires the employee to buy a meal, he or she will be reimbursed. If an extended appearance in court is necessary where lodging and meals would be required, authorization shall be obtained from the department head. 4. A criminal subpoena need not have a court stamp affixed. § 11. Leaves of Absence Without Pay A. Upon the written request of the employee, a leave of absence may be granted for a period not to exceed thirty (30) days by the Fire Chief, or a period not to exceed one (1) year by the Board of Directors. - B. Failure of the employee to return to his or her employment upon the termination of an authorized leave of absence shall constitute a separation from service of that employee. C. Leave of absence without pay granted by the Board shall not be construed as a break in service or employment. During these periods, vacation, holiday, or sick leave credits shall not accrue. An employee reinstated after a leave of absence without pay shall receive the same step in the salary range received when he or she began the leave of absence. Time spent on such leave without pay shall not count toward service for increases within the salary range. For purposes of this section,.the employee's merit increase eligibility date shall be adjusted to the date of reinstatement. D. An employee on an approved leave of absence without pay may continue medical insurance coverage by paying the full cost to District, in advance, for each month, or portion thereof, of which he or she is absent. §12. Union Leave Bank In addition to any other paid time off provided to the Association's Board of Directors under any other provision of this MOU, existing rules, regulations or practices, there is hereby created a Union Leave Bank for the sole and exclusive use of the Union. Each active member of the Union shall have 0.9230 hours of vacation leave irrevocably deducted from his or her vacation or holiday leave accrual each biweekly pay period. The District will deduct the hours from vacation time first, and then from accrued holiday time. A member can notify the Finance Director by the first Monday in zo Fire Union MOU 2009-70.doc P35 August of each year if they want the time deducted from accrued holiday leave time first, and then accrued vacation leave time. Said hours shall be deposited into the Union Leave Bank. Each pay period the Finance Director, or his or her designee, shall furnish the Union President, or his or her designee, with an accounting of the Union Leave Barik in the form of a Leave Hours Balance Report. The report will include that pay period's beginning balance, new deposits, hours used, and the remaining balance of hours. A Union member desiring to use available Union Leave must obtain a memo authorizing the use of such leave from the President of the Union, or his or her designee. The authorization must specify the amount of time that is to be used, and the business or activity that it is to be used for. The memo authorizing the use of Union Leave time must be attached to the time card in which the Union Leave time is requested. In no event will Union Leave be used for any activity, whatsoever, related to a City of Rancho Cucamonga City Council election and/or City of Rancho Cucamonga ballot measure. Once approval is obtained, and if time is available in the Union Leave Bank, the Union member shall designate the time used on the time card for the pay period as "Union Leave" and attach the memo approving the use of the time to the time card. The Union member shall be paid at his or her regular rate of pay for each such time. Union Leave may only be used in increments of one hour. If the Union member will be absent from work on Union Leave, the member must follow the rules and procedures set forth in the Situational Staffing Policy (1-012). In the event the Union is dissolved or the Union Leave Bank is discontinued by agreement of the parties, any remaining balance shall be distributed as vacation time evenly to all active employees of the Union at the time of such distribution. The distribution of hours will occur without regard to an individual employee's regular rate of PaY At any time should the District's budget analysis indicate a need to reduce administrative overtime programs, the use of the Union Leave Bank can be temporarily suspended by the Fire Chief, or his or her designee. The Fire Chief will analyze the use of administrative overtime at the end of each quarter, using the following gauges: i) 15` Quarter no more than 24%; ii) 2"d Quarter no more than 47%; iii) 3`d Quarter no more than 74%; and iv) 4`h Quarter within the adopted budget. If at the end of any quarter the respective gauge is exceeded, the District will notify the Union President in writing of the need to temporarily suspend the use of the Union Leave Bank, except for previously approved uses. Such notification will become effective at the beginning of the next pay period following the date of the notification. The District will analyze the overtime expenditures every 60 days from the date of the written notification and will determine when the temporary suspension can be removed. The temporary suspension will automatically be removed at the beginning of the first pay period that falls into a new fiscal year. The District shall jointly administer the Union Leave Bank with the Union, as specified herein, without charge to the Union or its membership. The District will be provided, on an initial basis for all current employees, and following that on an ongoing 21 Fir= Unlon MOU 2009-10.doc P36 basis for new employees, written confirmation that the Union member(s) have agreed to subject themselves to the Union Leave Bank requirements. § 13. Natal and Adoption Pay A. Natal and Adoption Leave With Pay Employees are granted up to 2 days natal and adoption leave with pay for the birth or adoption of a child, however, use of the two paid days does not extend any time charged under FMLA or CFRA. Any paid time required beyond this initial 2 days must be charged to sick leave, vacation, compensatory or floating holiday time. B. Natal and Adoption Leave Without Pav The District shall provide employees up to four months natal and adoption leave for the birth or adoption of a child; such leave shall be pursuant to the provisions of the California Pregnancy Disability Act ("PDA"; California Government Code section 12945), if applicable. The District's PDA policy is incorporated herein by reference. Employees on this leave of absence without pay beyond the four-month period will be responsible for the payment of medical, dental and optical premiums to keep the coverage in force during the leave of absence. ARTICLE IV GRIEVANCE PROCEDURE § 1. Purpose This article is intended to provide a fair and orderly procedure for the resolution of employee grievances involving wages, hours and terms and conditions of employment. A grievance is a claimed violation, misinterpretation, misapplication, or noncompliance with existing District codes, resolutions, rules, regulations, or this document. This grievance procedure, shall not apply to disciplinary matters or to reviews of performance evaluation reports or to discharge of probationary employees. Disciplinary matters include all warnings, written reprimands, suspensions, reductions in pay, demotions, dismissal or any other action which consists of taking of property as said term is defined by the courts in the disciplinary context. § 2. Objectives The grievance procedure is established to accomplish the following objectives: A. To settle disagreements at the employee-supervisor level, informally if possible. B. To provide an orderly procedure to handle grievances. C. To resolve grievances as quickly as possible. D. To correct, if possible, the cause of grievances to prevent future similar complaints. 22 Fire Union MOU 2009-f0.tloc P37 E. To provide for atwo-way system of communication by making it possible for levels of supervision to address problems, complaints, and questions raised by employees. F. To reduce the number of grievances by allowing them to be expressed and thereby adjusted and eliminated. G. To promote harmonious relations generally among employees, their supervisors and the administrative staff. H. To assure fair and equitable treatment of all employees. § 3. General Provisions A. Preparation of a grievance will be accomplished in such a manner and at a time that will not interfere with normally required work procedures. B. Regarding a pending grievance, no individual or entity acting on behalf of the grievant shall contact any individual member of the Board of Directors, nor the Board of Directors as an entity, verbally, in writing, and/or through any other means of verbal, written or electronic communication. C. Failure of the grievant to comply with time limitations specified in the grievance procedure shall constitute a withdrawal of the grievance, except upon a showing of good cause for such failure. Failure of District supervisory or administrative staff to comply with specified time limitations shall permit the grievant to proceed to the next step in the procedure. EXCEPTION: Notwithstanding the above, an extension of time is permitted with the mutual consent of both parties. Mutually agreed upon extensions of time shall be evidenced in writing. D. In the event a grievant elects to represent himself or herself or is represented by counsel other than that provided by the employee organization, the employee organization shall be apprised of the nature and resolution of the grievance if the issues involved are within the scope of said organization's representation rights. E. If an individual named in a dispute is unavailable within the time period specified in these procedures, time limitations can be extended by mutual agreement of the representatives of the respective parties. F. Any period of time specified in this rule for the giving of notice or taking of any action exclude weekends and holidays. A "day" as used in this Article shall mean a calendar day. If the last date to take action falls on a day that administrative offices are closed, the last date for action shall be extended to the next day during which administrative offices are opened. § 4. Informal Grievance Procedure Most problems or complaints can be settled if the employee will promptly, informally and amicably discuss them with his or her immediate supervisor. Such an initial discussion shall precede any use of the formal grievance procedure. If the immediate supervisor fails to reply to the employee within three (3) days, or the 23 Fire Union MOU 2009-10. doc P38 employee is not satisfied with the decision, the employee may utilize the- Formal Grievance Procedure. § 5. Formal Grievance Procedure A. Step I The employee and/or representative shall present the grievance, in writing and signed, to his or her immediate supervisor within thirty (30) days of the date that cause for a grievance arises. An official grievance form must be used stating names, dates, times, place, and nature of grievance. The employee's supervisor shall attempt to resolve the grievance with the employee and shall submit his or her decision in writing to the employee within ten (10) days after receipt of the grievance. The employee shall have the right to appeal the decision of the supervisor to the Fire Chief. B. Step II 1. If the grievance is not resolved to the satisfaction of the employee, the grievant has ten (10) days following receipt of the written response from his or her supervisor to file a written appeal to the Fire Chief or designated representative. 2. Written appeal to the Fire Chief or designated representative shall consist of the statement of the grievance and shall include a statement by the grievant's representative setting forth the reasons why the response of the employee's supervisor did not satisfactorily resolve the grievance and an indication of the action desired by the grievant. 3. After submission of the written appeal, the Fire Chief or designee shall reply within three (3) days, in writing, to the grievant regarding the grievance. In event of rejection, reasons for so doing will be.included in the response. 4. The decision by the Fire Chief or designee shall address whether or not the grievance of the employee is grievable pursuant to the definition set forth in § 1 above and/or is timely filed or otherwise administratively prosecuted in a timely manner. In the event that the Fire Chief or designee determines that the employee's grievance is not defined as such by § 1 above and/or is not timely filed or otherwise administratively prosecuted in a timely manner, the Fire Chief or designee shall advise the employee that the matter is not grievable and the grievance shall proceed no further unless or until on application by the employee, a judgment is entered at the trial court level, indicative of the .matter being jurisdictionally grievable pursuant to the definitions set forth in § 1 above and/or pursuant to requirements of timeliness. C. Step III If the grievance is not settled in Step II, binding arbitration may be invoked in accordance with the following: 1. The request for arbitration must be submitted within either ten (10) days of receipt of the decision of the Fire Chief, or of expiration of time for the Fire Chief to render a decision. 2. A "Fact Sheet" must be submitted to the arbitrator by both parties, stating the nature of the grievance and desired action. 24 Fire Union MOU 200940. doc P39 3. The term "arbitrator," as used herein, shall refer to a single arbitrator. 4. A list of five (5) arbitrators shall be requested from the California State Conciliation Service. The hearing arbitrator shall be chosen by an initial flip of a coin, with the winning side, Board or grievant, having the first choice of either selecting the arbitrator or eliminating one (1) candidate. The turn shall then revert to the other side, who then can exercise the. same option. This procedure continues until either an arbitrator is agreed upon or there is only one (1) candidate remaining. 5. The arbitrator so selected shall hold a hearing at a time and place convenient to the parties involved. Statements of position may be made by the parties, and witnesses may be called. 6. The location and time of the hearing shall be mutually agreed upon by both parties. If an agreement cannot be achieved, each party will submit their location and time to be drawn by chance. 7. All expenses which may be involved in the arbitration proceedings shall be borne by the parties equally; however, expenses relating to the calling of witnesses or the obtaining of depositions or any other similar expenses associated with such proceedings shall be borne by the party at whose request such witnesses or depositions are required. 8. Legal counsel may be obtained by either party if they so wish. Expenses for legal counsel shall be borne by the party obtaining such counsel. 9. Failure on the part of the District's representative or grievant/grievant's representative to appear in any case before an arbitrator, without good and sufficient cause, shall result in forfeiture of the case and responsibility for payment of all costs of arbitration borne by the party failing to appear. 10. The decision of the arbitrator shall be final and binding upon District and appellant. ARTICLE V DISCIPLINARY APPEAL § 1. Purpose This article is intended to provide a fair, orderly, and due process compliant procedure whereby employees can seek review of disciplinary actions. Disciplinary actions shall be defined as: 1) oral warning, 2) written reprimand, 3) suspension without pay, 4) reduction in pay, 5) demotion, 6) dismissal. Transfers or reassignments resulting in a reduction in bonus or related compensation shall not be considered disciplinary action and shall not be action subject to review pursuant to either this MOU or any other District rules, policies and regulations. Further, oral warnings and written reprimands shall not be subject to appeal beyond the level of the Fire Chief or designee as set forth below. Performance evaluation reports and/or the discharge of probationary employees shall not be subject to review pursuant to this or any Article. 25 File Union MOU 2009-10.doc P40 § 2. General Provisions A. Preparation of an appeal will be accomplished in such a manner and at a time that will not interfere with normally required work procedures. B. The Board of Directors (or any individual member of the Board) shall not be contacted by employees or their representatives at any time that the grievance appeal is being processed. Any such contact shall result in the appeal being deemed dismissed in its entirety with prejudice. C. Failure of the appellant to comply with time limitations specified in the appeal procedure shall constitute a withdrawal of the appeal, except upon a showing of good cause for such failure. Failure of District supervisory or administrative staff to comply with specified time limitations shall permit the appellant to proceed to the next step in the procedure. EXCEPTION: Notwithstanding the above, an extension of time is permitted with the mutual consent of both parties. D. Any period of time specified in this rule for the giving of notice or taking of any action excludes weekends and holidays. A "day" as used in this Article shall mean a calendar day. If the last date to take action falls on a day that administrative offices are closed, the last date for action shall be extended to the next day during which administrative offices are opened. E. Unless otherwise specifically provided for herein, the term "days" shall mean business days of the District's Administrative offices. F. Neither a hearing officer nor the CEO shall have authority to determine if a matter is within the definition of a disciplinable appeal and/or is timely filed or otherwise administratively prosecuted in a timely manner.' § 3. Pre-Disciplinary Notice A. In those instances where a supervisor intends that a disciplinary action shall be issued consisting of the loss of property (suspension, reduction, demotion or dismissal), the supervisor intending to issue said recommendation shall provide the affected employee with a written notice prior to imposition of any such disciplinary action. Said written notice shall at a minimum, consist of the following: 1. A statement of the disciplinary action that is being proposed. 2. The proposed date of imposition of said action. 3. A statement of the basis for said proposed action. 4. The Notice shall include as attachments, the materials upon which the proposed action is based (with the exception of the employee's personnel file, which need not be attached to the Notice). 5. A statement of the method for participating in apre-disciplinary review of the proposed action. B. At the discretion of the Fire Chief, a Notice of Intended Disciplinary Action can be issued by either the Chief or his designee. 26 Fire Union MOU 2009-10.doc P41 C. Not later than fifteen (15) days after being served with the Notice of Intended Disciplinary Action, the employee shall serve the Fire Chief or designee with a written request to convene such a meeting. The pre-disciplinary review meeting shall be conducted not later than fifteen (15) days thereafter. The employee has the option of waiving participation in apre-disciplinary review meeting, and instead may respond to the Notice of Intended Disciplinary Action in writing. If the employee so elects, the employee's substantive written response to the Notice of Intended Disciplinary Action shall be served upon the Fire Chief or designee within fifteen (15) days of service of the Notice of Intended Disciplinary Action. D. The pre-disciplinary review meeting shall be a non-evidentiary, informal meeting conducted pursuant to the principles in Skelly v. State Personnel Board. There shall be no subpoena power as regards said pre-disciplinary review meeting and there shall be no examination of witnesses. Rather, the purpose of the , meeting is for the subject employee to provide the Fire Chief or designee with an informal rebuttal to the findings and conclusions set forth by the Fire Chief or designee. E. If the employee does not elect to participate in apre-disciplinary review meeting, then the Fire Chief or designee shall issue a Notice of Disciplinary Determination based upon a review of the Notice of Intended Disciplinary Action and the materials incorporated therein. F. Regardless of whether or not the Notice Intended Disciplinary Action is issued by the Chief or a designee, the Chief shall preside over any timely requested pre-disciplinary review proceeding and shall issue a determination either rejecting, modifying or sustaining the nature of the proposed action. However, the pre-disciplinary review proceeding shall not result in an increase in the severity of the proposed action without an amended Notice of Intended Action being first drafted and served and which so reflects the Fire Chief's recommendation. Any amended Notice of Intended Action as described herein shall be based on evidence, conduct or other information separate and distinct from the materials upon which the initial Notice of Intended Action was based. G. The Fire Chief shall cause the Notice of his post-review determination to be served upon the employee and/or the employee's representative. H: The decision by the Fire Chief or designee shall address whether or not the appeal of the employee is appealable pursuant to the definition set forth in § 1 above and/or is timely filed or otherwise administratively prosecuted in a timely manner. In the event that the Fire Chief or designee determines that the employee's appeal is not defined as such by § 1 above and/or is not timely filed or otherwise administratively prosecuted in a timely manner, the Fire Chief or designee shall advise the employee that the matter is not appealable and the appeal shall proceed no further unless or until on application by the employee, a judgment is entered at the trial court level, indicative of the matter being jurisdictionally appealable pursuant to the definitions set forth in § 1 above and/or pursuant to requirements of timeliness. 27 Fire Union MOU 2009-10.doc P42 § 4. Hearing Officer Appeal A. This § 4 shall only be applicable to an appeal of disciplinary actions consisting of a deprivation of property (suspension, reduction, demotion or dismissal). B. If an appeal is not resolved by the Fire Chief following a pre- disciplinary review meeting, then within fifteen (15) days of service by the Fire Chief or designee of his decision, the employee may further appeal the matter by filing with the office of the Fire Chief or his designee a written appeal to an advisory hearing officer. Said appeal shall be timely only if it is received in the office of the Fire Chief or designee not later than fifteen (15) days after service of the appealable decision by the Fire Chief or designee. C. The employee's appeal shall state with specificity the basis upon which the appeal is based, the specific relief sought, and the affirmative defenses to be offered, if any. D. Within ten (10) days after receipt of a valid appeal, the Fire Chief or his designee shall request of the California State Conciliation and Mediation Service, that it submit a list of seven (7) hearing officers for hearing of the appeal. The Fire Chief or designee shall direct that a copy of the list of hearing officers be sent to the employee and to the Fire Chief or designee, as well. E. Absent mutual selection of a hearing officer from either the submitted list or otherwise, the hearing officer shall be chosen by an initial flip of the coin, with the prevailing employee or Fire Chief/designee having the option of making the first strike or directing that the opposing party make the first strike. Following alternate striking, the one remaining hearing officer candidate shall be deemed the appointed hearing officer. F. The hearing 'officer shall conduct the hearing at a time and place mutually agreed upon by the parties. G. The hearing shall be memorialized by use of a certified shorthand reporter. The shorthand reporter shall be selected by the employee. H. All fees and expenses of the hearing officer shall be borne equally by the parties. I. All fees and expenses related to the securing of a representative andlor legal counsel, witness fees and other expenses attendant to the presentation of evidence, shall be borne by the party at whose direction said expense is incurred. J. The per diem fee of the shorthand reporter shall be borne by the District. The cost of transcription shall be borne by the party ordering the transcript. K. With the exception of statutory privileges, neither the Federal or California State Rules of Evidence shall be binding upon evidentiary issues at the hearing. However, such authorities may be considered by the hearing officer in rendering evidentiary rulings. Further, the California Administrative Procedure Act shall specifically be of no applicatioh to the hearing process. Additionally, the Fire Chief or designee shall be specifically authorized to call the employee or any other individual as a witness during his case in chief or otherwise as the Fire Chief or designee may deem 2s Fire Union MOU 2009-10.doc P43 appropriate. The employee may use the following subpoena power as regards City or District employees. L. Although the Rules of Evidence shall not be strictly adhered to, hearsay that would be inadmissible in a civil or criminal proceeding cannot in and of itself support a finding by the hearing officer without corroboration. In general, the hearing officer shall admit evidence which is of such reliability that reasonable persons rely upon it in the conduct of serious matters such as the hearing. M. The burdens of proof and production of evidence shall be borne by the Fire Chief. The standard of proof shall be by a preponderance of the evidence. N. Not later than ten (10) days prior to the date of commencement of the hearing, the parties shall exchange lists of witnesses each intends to call at the hearing, and a list of documents it intends to introduce at the hearing. Said documents shall be attached to the notifications provided for herein, and the notifications shall actually be in receipt of the opposing party on or before the tenth (10~h) day prior to commencement of the hearing. Absent a showing of good cause, failure to comply with said requirements shall result in exclusion of witness testimony and/or rejection of exhibits not designated in the submissions. Said disclosures do not apply to rebuttal witnesses. Neither party to the proceedings shall issue threats or take other action reasonably calculated to discourage an identified witness from either testifying or from testifying other than consistent with the witnesses' best recollection and honest belief as to matters within his/her knowledge. However, the act of interviewing a witness shall not in and of itself be deemed violative of this section. O. The hearing officer shall be empowered to issue subpoenas for the production of persons and documents. The hearing officer shall designate the subpoena form to be utilized in such case. The California Code of Civil Procedure, the Evidence Code and other applicable statutes shall apply to the validity and processing of subpoenas and to the method of service of the same. P. Not later than thirty (30) days after closure of the record, the hearing officer shall render a written advisory opinion regarding the issues at dispute, and shall submit the advisory opinion to the employee, to the Fire Chief and to the Chief Executive Officer of the District. § 5. CEO Decision A. Within thirty (30) days after receipt of the hearing officer's decision, the Chief Executive Officer shall advise the parties in writing of whether or not the hearing officer's recommendation is adopted. If adopted, the Chief Executive Officer need not review transcripts of the proceedings. If the Chief Executive Officer adopts the hearing officer's recommendation, then it shall be considered a final determination. B. In the event that the Chief Executive Officer determines that the hearing officer's recommendation may be subject to rejection or modification, the Chief Executive Officer shall within thirty (30) days of receipt of the appeal so notify the parties and shall order a transcript of the proceedings before the hearing officer with copies to the employee and the Fire Chief. In such case, the cost of producing the transcript of the proceedings shall be borne equally by the parties. Within thirty (30) 29 Fire Union MOU 2009-10.doc P44 days of service of the transcript, the employee and the Fire Chief may submit to the Chief Executive Officer, a written memorandum of points and authorities in support of their respective positions. C. Within thirty (30) days of receipt of the legal briefs, the Chief Executive Officer shall render a final determination either sustaining, modifying or rejecting the hearing officer's recommendation. The Chief Executive Officer's decision shall be submitted to the parties in writing and shall be final upon service being made by mail. D. Allowable judicial review of the Chief Executive Officer's decision shall be sought within the time constraints of CCP § 1094.6 (mandating that a petition for peremptory writ of mandate shall be filed not later than the ninetieth day following the date on which the Chief Executive Officer's decision is mailed by first-class mail, postage pre-paid, including a copy of the affidavit or certificate of mailing). ARTICLE VI SAFETY § 1. Compliance District and employees in the Association shall conform to and comply with all health, safety, and sanitation requirements imposed by District, state or federal law or regulations adopted under state or federal law. § 2. No Discrimination No employee shall be in any way discriminated against as a result of reporting any condition believed to be a violation of Section 1 of this Article V. § 3. Safety Equipment Should the employment duties of an employee in the unit, in the estimation of OSHA, require use of any equipment or gear to insure the safety of the employee or others, District agrees to furnish such equipment or gear. § 4. Employee Responsibility In the course of performing their normally assigned work, employees will be alert to observe unsafe practices, equipment, and conditions; as well as environmental conditions in their immediate area which represent health hazards and will report such conditions to their immediate. supervisor. All employees shall make certain that all power machinery is equipped with safety devices properly installed and in working condition and that co-workers use utmost care in the handling of tools and equipment. Employees shall report all accidents immediately to their immediate supervisors. Reports shall be submitted on forms provided by District. § 5. Minimum Staffing The District shall maintain a minimum staffing level. Staffing of companies and units with 28 personnel shall consist of the following: 30 Fi~o union nnou Zoos-fo,doc P45 A. Seven-three (3) person paramedic engine companies and two-three (3) person paramedic rescue or truck companies, consisting of 1 Captain, 1 Engineer and 1 Firefighter with any one rank being a certified paramedic. B. One (1) shift Inspector. Any reduction in these levels must be agreed upon through the meet and confer process. § 6. Smoking Policy Employees in Union have agreed to accept and abide by the District "Smoking Policy," as written and approved by the Chief in effect on July 1, 1996. § 7. Weather Related Mandatory Recall The definition of the High Wind Warning, Red Flag Warning and Flash Flood Warning shall be made by the Fire Chief or his/her designee as follows: A. High Wind Warning: winds are sustained at 40 mph or more, and/or gusts are present at 58 mph or more and are expected in less than one day (24 hours). B. Red Flag Warning: winds are sustained at 25 mph or more and relative humidity is less than 15%, with conditions persisting more than six (6) hours and expected in less than one day (24 hours). This can also be released without the wind component for weather that is less than 10% relative humidity for longer than 10 hours. C. Flash Flood Warning: rain is sustained at ''/z" an hour, for longer than 1 hour, or'/~" per hour, for longer than 4 hours. When a warning is determined, the duty Battalion Chief shall have the authority to staff additional apparatus in conjunction with consultation from the Deputy Chief or Fire Chief. Apparatus shall be utilized as best determined by the duty Battalion Chief or his/her designee. Staffing procedures shall be as follows: 1. If time permits, the on duty Battalion Chief may contact the fire stations to solicit volunteers for the staffing of units as needed. 2. If no volunteers are available or additional personnel are needed, the on duty Battalion Chief shall utilize the force hire list in Telestaff to recall personnel as staffing levels dictate. For additional staffing procedures, refer to Situational Staffing and Overtime Tracking Policy #1-012. 3. The on-duty Battalion Chief may hold off going personnel until the individuals on the force hire list are contacted and arrive at their scheduled assignment. Once relieved, the individuals held over shall be released from their assignment. 4. All personnel who are assigned for these circumstances shall remain in their assigned position until the Battalion Chief or designee dictates that the potential threat has subsided, or are relieved by personnel for the next operational period. 31 Fire Union MOU 2009-10.doc P46 5. The overtime rate and time frames shall be paid per section #3 D. in the M.O.U. ARTICLE VII MANAGEMENT RIGHTS § 1. Scope of Rights It is understood and agreed that District possesses the sole right and authority to operate and direct the employees of District in all aspects, except as modified in this Memorandum of Understanding. These rights include, but are not limited to: A. The right to determine its mission, policies, and standards of service to be provided to the public; B. To plan, direct, control, and determine the operations or services to be conducted by employees of District; C. To determine the methods, means, and number of personnel needed to carry out Districfs mission; D. To direct the working forces; E. To hire, assign, or transfer employees within District; F. To promote, suspend, discipline, or discharge employees; G. To layoff or relieve employees due to lack of work or funds or for other legitimate reasons. (Any provision within this MOU, City rules or regulations or any other policy or procedure promulgated by the City or any Department of the City which prohibits the imposition of layoffs, is deemed null and void); H. To make, publish, and enforce rules and regulations; I. To introduce new or improved methods, equipment, or facilities; J. To contract out for goods and services; K. To take any and all actions as may be necessary to carry out the mission of District in situations of civil emergency as may be declared by the Board of Directors or Fire Chief; L. To schedule and assign work; M. To establish work and productivity standards. § 2. Emergency Conditions ' If in the sole discretion of the Board of Directors or Fire Chief it is determined that extreme civil emergency conditions exist, including, but not limited to, riots, civil disorders, earthquakes, floods, or other similar catastrophes, the provisions of this MOU may be suspended during the time of the declared emergency, provided that wage rates and monetary fringe benefits shall not be suspended. 32 Fire Union MOU 2009-10.doc P47 ARTICLE VI11 MAINTENANCE OF BENEFITS All wages, hours and terms and conditions of employment specifically provided for in this memorandum of understanding, shall remain in full force and effect during the term of the MOU, unless modified pursuant to written agreement of the parties. ARTICLE IX APPROVAL BY THE BOARD OF DIRECTORS This MOU is subject to approval by the Board of Directors of District. The parties hereto agree to perform whatever acts are necessary both jointly and separately to urge the Board to approve and enforce this MOU in its entirety. Following approval of this MOU by the Board, its terms and conditions shall be implemented by appropriate ordinance, resolution, or other lawful action. ARTICLE X PROVISIONS OF LAW It is understood and agreed that this MOU and employees are subject to all current and future applicable Federal and State laws and regulations and the current provisions of District law. If any part or provisions of this MOU is in conflict or inconsistent with such applicable provisions of those Federal, State, or District enactments or is otherwise held to be invalid or unenforceable by any court of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected thereby. If any substantive part or provision of this MOU is suspended or superseded, the parties agree to re-open negotiations regarding the suspended or superseded part or provisions with the understanding that the total compensation to employees under this MOU shall not be reduced or increased as result of this Article. The District and the Union recognize that under this MOU and in personnel _ matters not covered in this contract, the current District Personnel Rules as amended and effective shall apply. The Personnel Rules applicable to the Union shall not be changed for the duration of this Agreement. 33 File Union MOU 200940. doc P48 ARTICLE XI TERM The term of this MOU shall commence on July 1, 2009 and will continue for a one year period, ending on June 30, 2010, provided that, the Rancho Cucamonga Fire Fighters Local 2274 shall have an option, which must be exercised no later than March 1, 2010, to extend the MOU on the same terms and conditions for a second year, until June 30, 2011, provided the Rancho Cucamonga Fire Protection District does not have a deficit in excess of $400,000. In the latter event, the MOU may not be extended unless by mutual agreement of the District and Union. In the event either party hereto desires to negotiate a successor MOU, such parties shall serve upon the other, its written request to commence negotiations, as well as any written proposal for such successor MOU. Upon receipt of such written proposals, negotiations shall begin no later than thirty (30) calendar days after such receipt. Union District Dated Jim Townsend, President Richard Toll, Representative Ron Seymour, Representative Dated Jack Lam. Chief Executive Officer Approved by action of the Board of Directors the 34 day of 2009. Fire Union MOU 2009-10. doc CITY OF RANCHO CUCAMONGA Agenda Check Register 6/10/2009 through 6/23/2009 Check No. Check Date Vendor Nante Amount AP-00283637 6/10/2009 909 SPORTS 1,184.29 AP - 00283639 6/10/2009 A&V SOFTBALL 2,783.00 AP - 00283640 6/10/2009 AA EQUIPMENT RENTALS CO INC 60.12 AP - 00283640 6/10/2009 AA EQUIPMENT RENTALS CO INC 332.01 AP - 00283641 6/10/2009 ABC LOCKSMITHS 151.7] AP - 00283641 6/10/2009 ABC LOCKSMITHS 68.84 AP - 00283642 6/10/2009 AFLAC 4,411.17 AP - 00283643 6/10/2009 AGAPE CHRISTIAN FELLOWSHIP 250.00 AP - 00283644 6/10/2009 AGUILERA, ISAIAH 120.00 AP - 00283645 6/10/2009 AMERICAN ROTARY BROOM CO. INC. 642.73 AP - 00283646 6/10/2009 ANDREWS, KATIE 48.00 AP - 00283647 6/10/2009 ARBOR NURSERY PLUS 230.55 AP - 00283648 6/10/2009 ARCHITERRA DESIGN GROUP 282.43 AP - 00283648 6/10/2009 ARCHITERRA DESIGN GROUP 2,983.50 AP - 00283649 6/10/2009 ARNOLD FIELDS PAIN]NTING 450.00 AP - 00283650 6/10/2009 ASSI SECURITY 841.60 AP - 00283650 6/10/2009 ASSI SECURITY 105.00 AP - 00283650 6/10/2009 ASSI SECURITY 5,932.50 AP - 00283650 6/10/2009 ASSI SECURITY 21,752.50 AP - 00283650 6/10/2009 ASSI SECURITY 4,428.00 AP - 00283650 6/10/2009 ASST SECURITY 105.00 AP - 00283650 6/10/2009 ASSI SECURITY 105.00 AP - 00283650 6/10/2009 ASSI SECURITY 105.00 AP - 00283650 6/10/2009 ASSI SECURITY 105.00 AP - 00283651 6/10/2009 ASSOCIATION OF PERFORMING ARTS PRESENT 1,375.00 AP - 00283652 6/10/2009 ASSOCIATION OF PERFORMING ARTS PRESENT 95.00 AP - 00283654 6/10/2009 BANC OF AMERICA LEASING 393.54 AP - 00283654 6/10/2009 BANC OF AMERICA LEASING 749.94 AP - 00283654 6/ 10/2009 BANC OF AMERICA LEASING 1,124.91 AP - 00283655 6/10/2009 BANC OF AMERICA LEASING/MAILCODE:MI8-9 924.12 AP - 00283656 6/10/2009 BASELINE SURVEYING INC 13,480.00 AP - 00283658 6/10/2009 BEST IIEST AND KRIEGER 612.19 AP - 00283659 6/10/2009 BICKMORE RISK SERVICES 3,500.00 AP - 00283660 6/10/2009 BLEVINS, DAVE 607.43 AP - 00283660 6/10/2009 BLEVINS, DAVE 911.14 AP - 00283660 6/10/2009 BLEVINS, DAVE 303.72 AP - 00283660 6/]0/2009 BLEVINS, DAVE 455.58 AP - 00283660 6/10/2009 BLEVINS, DAVE 759.28 AP - 00283661 6/10/2009 BONGARZONE, TOM 260.00 AP - 00283662 6/10/2009 BOPKO, CHRISTOPHER 63.25 AP - 00283665 6/10/2009 BRODART BOOKS 39.62 AP - 00283665 6/10/2009 BRODART BOOKS 9.70 AP - 00283665 6/10/2009 BRODART BOOKS 495.36 AP - 00283665 6/10/2009 BRODART BOOKS 16.60 AP - 00283665 6/10/2009 BRODART BOOKS 45.33 AP - 00283665 6/10/2009 BRODART BOOKS 14.13 AP - 00283665 6/10/2009 BRODART BOOKS 615.36 AP - 00283665 6/10/2009 BRODART BOOKS 52.53 AP - 00283665 6/10/2009 BRODART BOOKS 38.40 AP - 00283665 6/10/2009 BRODART BOOKS 14.14 AP - 00283665 6/10/2009 BRODART BOOKS > 1.42 AP - 00283665 6/10/2009 BRODART BOOKS 122.77 AP - 00283665 6/10/2009 BRODART BOOKS 15.27 AP - 00283665 6/10/2009 BRODART BOOKS t 3.56 P49 User: VLOPEZ -Veronica Lopez Page: 1 Curren[ Date: 06/2S/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 07:02:0 CITY OF RANCHO CUCAMONGA P50 Agenda Check Register 6/10/2009 through 6/23/2009 Check No. Check Date Vendor Name Amount AP - 00283665 6/10/2009 BRODART BOOKS 14.14 AP - 00283665 6/10/2009 BRODART BOOKS . , 926.03 AP - 00283665 6/10/2009 BRODART BOOKS 171.83 AP - 00283665 6/10/2009 BRODART BOOKS 12.90 AP - 00283665 6/10/2009 BRODART BOOKS 8.60 AP - 00283665 6/10/2009 BRODART BOOKS 8.59 AP - 00283665 6/10/2009 BRODART BOOKS 8.60 AP - 00283665 6/10/2009 BRODART BOOKS 12.89 AP - 00283665 6/10/2009 BRODART BOOKS 6.48 AP - 00283665 6/10/2009 BRODART BOOKS 4.30 AP - 00283665 6/10/2009 BRODART BOOKS 182.83 AP - 00283665 6/10/2009 BRODART BOOKS 19.38 AP - 00283665 6/10/2009 BRODART BOOKS 4.30 AP - 00283665 6/10/2009 BRODART BOOKS 23.68 AP - 00283665 6/10/2009 BRODART BOOKS 4.30 AP - 00283665 6/10/2009 BRODART BOOKS 4.30 AP - 00283665 6/10/2009 BRODART BOOKS 4.30 AP - 00283665 6/10/2009 BRODART BOOKS 241.40 AP - 00283665 6/10/2009 BRODART BOOKS 63.62 AP - 00283665 6/10/2009 BRODART BOOKS 34.03 AP - 00283665 6/10/2009 BRODART BOOKS 1,682.10 AP - 00283665 6/10/2009 BRODART BOOKS 6.21 AP - 00283665 6/10/2009 BRODART BOOKS 16.63 AP - 00283665 6/]0/2009 BRODART BOOKS 25.28 AP - 00283665 6/10/2009 BRODART BOOKS 26.26 AP - 00283665 6/10/2009 BRODART BOOKS 38.40 AP - 00283665 6/10/2009 BRODART BOOKS 33.23 AP - 00283665 6/10/2009 BRODART BOOKS 38.13 AP - 00283665 6/10/2009 BRODART BOOKS 36.26 AP - 00283665 6/10/2009 BRODART BOOKS 13.56 AP - 00283665 6/10/2009 BRODART BOOKS 99.13. AP - 00283665 6/10/2009 BRODART BOOKS 2952 AP - 00283665 6/10/2009 BRODART BOOKS 260.80 AP - 00283665 6/10!2009 BRODART BOOKS 74.48 AP - 00283665 6/10/2009 BRODART BOOKS 18.55 AP - 00283665 6/10/2009 BRODART BOOKS 6.41 AP - 00283665 6/10/2009 BRODART BOOKS 24.43 AP - 00283665 6/10/2009 BRODART BOOKS 41.11 AP - 00283665 6/10/2009 BRODART BOOKS 70.42 AP - 00283665 6/10/2009 BRODART BOOKS 82.21 AP - 00283665 6/10/2009 BRODART BOOKS 28.87 AP - 00283665 6/10/2009 BRODART BOOKS 357.99 AP - 00283665 6/10/2009 BRODART BOOKS 54.09 AP - 00283665 6/10/2009 BRODART BOOKS 98.90 AP - 00283665 6/10/2009 BRODART BOOKS 25.80 AP - 00283665 6/10/2009 BRODART BOOKS 8.60 AP - 00283665 6/10/2009 BRODART BOOKS 201.98 AP - 00283666 6/10/2009 BROTHERS CUSTOM POOLS & SPAS INC. 200.00 AP - 00283667 6/10/2009 CAL PERS LONG TERM CARE 480.96 AP - 00283668 6/10/2009 CALSENSE 331.85 AP - 00283671 6/10/2009 CENTRAL CITIES SIGNS INC 320.27 AP - 00283671 6/10/2009 CENTRAL CITIES SIGNS INC 456.21 AP - 00283671 6/10/2009 CENTRAL CITIES SIGNS INC 22.84 AP - 00283673 6/10/2009 CHAFFEY JOINT UNION HIGH SCHOOL DIST 278.76 User: VLOPEZ -Veronica Lopez Page: 2 Current Date: 06/28/200 Repor[:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 07:02:0 CITY OF RANCHO CUCAMONGA P51 Aeenda Check Register 6/10/2009 through 6/23/2009 Check No. Check Date Vendor Name Amount AP - 00283673 6/10/2009 CHAFFEY JOINT UNION HIGH SCHOOL DIST 240.60 AP - 00283676 6/10/2009 CONCEPT POWDER COATING 825.00 AP - 00283677 6/10/2009 CONSVEGRA, ELIZABETH ~ 58.00 AP - 00283678 6/10/2009 COPIES & INK PRINTING INC. 91.91 AP - 00283678 6/10/2009 COPIES & INK PRINTING INC. 91.91 AP - 00283678 6/10/2009 COPIES & INK PRINTING INC. 91.91 AP - 00283678 6/10/2009 COPIES & INK PRINTING INC. 53.29 AP - 00283678 6/10/2009 COPIES & EVK PRINTING INC. 59.29 AP - 00283679 6/10/2009 CORONA CLAY COMPANY INC 236.53 AP - 00283681 6/10/2009 CRIDLAND, KYLE 30.80 AP - 00283682 6/10/2009 CRUTCHFIELD, JUDY 67.00 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 548.46 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 111.25 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 438.41 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 73.60 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 1,088.38 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 452.61 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 137.90 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 429.77 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 346.69 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 101.88 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 727.01 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 7,404.30 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 1,293.71 AP - 00283654 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 44.89 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 148.73 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 3,459.90 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 3,T 8.16 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 181.04 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 74.64 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 73.60 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 73.60 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 1,226.70 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 367.59 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 73.60 AP - 00283684 6/10'2009 CUCAMONGA VALLEY WATER DISTRICT 201.93 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 384.08 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 55.20 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 1,971.36 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 89.12 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 1,827.96 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 449.86 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 70.81 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 215.89 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 87.62 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 212.75 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 1,698.77 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 859.96 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 363.17 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 169.27 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 832:04 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 598.55 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 1,269.85 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 1,329.49 User: VLOPEZ -Veronica Lopez Page: 3 Current Date: 06/25/200 Report:CK_AGENDA_R EG_PORTRAI T_RC - CK: Agenda Check Register Pomait Layout Time: 07:02:0 CITY OF RANCHO CUCAMONGA P52 Agenda Check Resister 6/10/2009 through 6/23/2009 Check No. Check Date Vendor Name Amount AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 76.39 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 196.27 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 222.33 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 80.37 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 80.37 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 47.43 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 42.15 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 55.20 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 408.20 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 470.91 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 1,400.31 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 2,004.35 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 212.18 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 193.14 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 90.35 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 384.08 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 162.01 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 698.80 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 111.08 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER'DISTRICT 106.91 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 98.03 AP - 00283684 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 56.15 AP - 00283685 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 4,730.00 AP - 00283685 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 3,500.00 AP - 00283685 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 4,500.00 AP - 00283685 6/]0/2009 CUCAMONGA VALLEY WATER DISTRICT 80.00 AP - 00283685 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 1,700.00 AP - 00283685 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 750.00 AP - 00283685 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 355.15 AP - 00283685 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 3,500.00 AP - 00283685 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 2,500.00 AP - 00283686 6/10/2009 CUCAMONGA VALLEY WATER DISTRICT 28,556.73 AP - 00283687 6/10/2009 D 3 EQUIPMENT 35.04 AP - 00283688 6/10/2009 D 7 CONSULTING INC 2,200.00 AP - 00283689 6/10/2009 D AND K CONCRETE COMPANY 60].94 AP - 00283689 6/10/2009 D AND K CONCRETE COMPANY 554.63 AP - 00283689 6/10/2009 D AND K CONCRETE COMPANY 387.15 AP - 00283691 6/10/2009 DAMS, AZIZA 25.85 AP - 00283692 6/10/2009 DAWSON SURVEYING INC. 2,055.00 AP - 00283692 6/10/2009 DAWSON SURVEYING INC. 3,340:00 AP - 00283694 6/10/2009 DELL INC 7,889.62 AP - 00283694 6/10/2009 DELL INC 3,808.00 AP - 00283695 6/10/2009 DISPENSING TECHNOLOGY CORPORATION 107.36 AP - 00283696 6/10/2009 DOYON, GARY 9.00 AP - 00283697 6/10/2009 DUMBELL MAN FITNESS EQUIPMENT, THE 249.70 AP - 00283698 6/10/2009 DYNASTY SCREEN PRINTING 453.49 AP - 00283699 6/10/2009 EASTER, PAMELA 120.19 AP - 00283700 6/10/2009 ECHO FIRE PROTECTION CO. 152.20 AP - 00283701 6/10/2009 ECOLAB INC. 157.33 AP - 00283702 6/10/2009 EIGHTH AVENUE ENTERPRISE LLC 78.48 AP - 00283703 6/10/2009 ELECTRONICS WAREHOUSE 97.88 AP - 00283704 6/10/2009 ELLIS ENTERPRISES 1,500.00 AP - 00283704 6/10/2009 ELLIS ENTERPRISES 70.00 AP - 00283704 6/10/2009 ELLIS ENTERPRISES 1,440.00 User: VLOPEZ -Veronica Lopez Page: 4 Current Date: 06/25/200 Report:CK_AGENDA_R EG_PORTRAI T_RC - CK: Agenda Check Register Pomait Layout Time: 07:02:0 CITY OF RANCHO CUCAMONGA Agenda Check Resister 6/10/2009 through 6/23/2009 Check No. Check Date Vendor Name Amount AP - 00283704 6/10/2009 ELLIS ENTERPRISES 775.00 AP - 00283705 6/10/2009 EMPIRE MOBILE HOME SERVICE 800.00 AP - 00283706 6/10/2009 EMPIRE MOBILE HOME SERVICE 12,018.75 AP - 00283708 6/10/2009 EN POINTE TECHNOLOGIES SALES INC 2,907.98 AP - 00283709 6/10/2009 ENGELKE, LINDA 1,317.00 AP - 00283710 6/10/2009 ENVISIONWARE INC. 1,127.95 AP - 00283710 6/10/2009 ENVISIONWARE INC. 1,127.95 AP - 00283711 6/10/2009 ESPALIN, ROBERT 1,500.00 AP - 00283712 6/10/2009 EWING IRRIGATION PRODUCTS 292.82 AP - 00283712 6/10/2009 EWING IRRIGATION PRODUCTS 31.76 AP - 00283712 6/10/2009 EWING IRRIGATION PRODUCTS 574.92 AP - 00283712 6/10/2009 EWING IRRIGATION PRODUCTS 29282 AP - 00283712 6/10/2009 EWING IRRIGATION PRODUCTS 581.38 AP - 00283713 6/10/2009 FASTENAL COMPANY 74.39 AP - 00283714 6/10/2009 FEDERAL EXPRESS CORD 15.16 AP - 00283714 6/10/2009 .FEDERAL EXPRESS CORP 58.81 AP - 00283715 6/10/2009 FENCE CRAFT OF UPLAND INC 1,609.50 AP - 00283716 6/10/2009 FIELDS, MICHELLE 56.00 AP - 00283717 6/10/2009 FILARSKY AND WATT 1,265.50 AP - 00283718 6/10/2009 FILIPINO MINISTRY DIOCESE OF SAN BERNARI 500.00 AP - 00283719 6/10/2009 FLYNN, JENNIFER 70.31 AP - 00283720 6/10/2009 FUTURE LIGHTING 600.00 AP - 00283722 6/10/2009 G.H.L. PACKAGING INC. 129.50 AP - 00283723 ~ 6/10/2009 GAIL MATERIALS 2,091.78 AP - 00283723 6/10/2009 GAIL MATERIALS 2,005.25 AP - 00283723 6/10/2009 GAIL MATERIALS 1,991.44 AP - 00283724 6/10/2009 GAS EQUIPMENT SYSTEMS INC 15,362.80 AP - 00283724 6!10/2009 GAS EQUIPMENT SYSTEMS INC -1,536.28 AP - 00283725 6/10/2009 GENTRY, DONALD A 1,446.25 AP - 00283726 6/10/2009 GEOGRAPHICS 2,871.00 AP - 00283727 6/10/2009 GODINEZ, MIGUEL 83-52 AP - 00283727 6/10/2009 GODINEZ, MIGUEL 118.38 AP - 00283728 6/10/2009 GOLF VENTURES WEST 20,227.50 AP - 00283729 6/10/2009 GONSALVES AND SON,JOE A 3,000.00 AP - 00283730 6/10/2009 GRAINGER 95.69 AP - 00283730 6/10/2009 GRAINGER ~ 114.97 AP - 00283730 6/10/2009 GRAINGER 43.36 AP - 00283730 6/10/2009 GRAINGER 214.33 AP - 00283731 6/10/2009 GRAND PACIFIC CONTRACTORS INC 58,600.00 AP - 00283731 6/10/2009 GRAND PACIFIC CONTRACTORS INC 18,919.65 AP - 00283731 6/10/2009 GRAND PACIFIC CONTRACTORS INC ],000.00 AP - 00283731 6/10/2009 GRAND PACIFIC CONTRACTORS INC 9,515.00 AP - 00283732 6/10/2009 GRANT III, VINCENT 450.00 AP - 00283733 6/10/2009 GREEN GENIE 1,000.00 AP - 00283733 6/10/2009 GREEN GENIE 250.00 AP - 00283733 6/10/2009 GREEN GENIE 966.25 AP - 00283733 6/10/2009 GREEN GENIE 502.50 AP - 00283733 6/] 0/2009 GREEN GENIE 250.00 AP - 00283733 6/10/2009 GREEN GENIE 250.00 AP - 00283733 6/10/2009 GREEN GENIE 751.00 AP - 00283733 6/10/2009 GREEN GENIE 250.00 AP - 00283734 6/10/2009 GREEN ROCK POWER EQUIPMENT 198.43 AP - 00283735 6/10/2009 GUARDIAN 3,352.28 AP - 00283736 6/10/2009 GUTIERREZ, REX 224.95 P53 User: VLOPEZ -Veronica Lopez Page: 5 Current Date: 06/25/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 07:02:0 CITY OF RANCHO CUCAMONGA Agenda Check Resister 6/10/2009 through 6/23/2009 Check No. Check Date Vendor Name Amount AP - 00283736 6/10/2009 GUTIERREZ, REX 232.10 AP - 00283736 6/10/2009 GUTIERREZ, REX 196.35 AP - 00283736 6/10/2009 GUTIERREZ, REX 187.55 AP - 00283737 6/10/2009 HARALAMBOS BEVERAGE COMPANY 354.95 AP-00283738 6/10/2009 HAYNES,SYLVIA 90.00 AP - 00283739 6/10/2009 HEARTSAVERS LLC 60.00 AP - 00283739 6/10/2009 HEARTSAVERS LLC 60.00 AP - 00283741 6/10/2009 HG MOTOR COMPANY LLC 34.50 AP - 00283743 6/10/2009 HILLIARD JR., DONALD G. 1,3 ] 7.00 AP - 00283744 6/10/2009 HOLLIDAY ROCK CO INC 3,590.88 AP - 00283744 6/10/2009 HOLLIDAY ROCK CO INC 4,112.03 AP - 00283745 6/10/2009 HOME DEPOT CREDIT SERVICES 241.01 AP - 00283746 6/10/2009 HOT SHOTS ATHLETIC APPAREL INC. 1,426.14 AP - 00283747 6/10/2009 HUDSON AUDIO WORKS 1,145.00 AP - 00283748 6/10/2009 HUNTLEY, ERIKA LEWIS- 113.32 AP - 00283749 6/10/2009 HYDROSCAPE PRODUCTS INC 236.49 AP - 00283749 6/10/2009 HYDROSCAPE PRODUCTS INC 5.12 AP - 00283749 6/10/2009 IIYDROSCAPE PRODUCTS INC 19.72 AP - 00283749 6/10/2009 HYDROSCAPE PRODUCTS INC 133.76 AP - 00283750 6/10/2009 I A A P . 98.00 AP - 00283754 6/10/2009 INLAND PRESORT & MAILING SERVICES 20.00 AP - 00283754 6/10/2009 INLAND PRESORT & MAILING SERVICES 76.82 AP - 00283755 6/10/2009 INLAND VALLEY DAILY BULLETIN 36.00 AP - 00283756 6/10/2009 INSIGHT PUBLIC SECTOR 226.04 AP - 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00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 20.48 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 58.92 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 116.10 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 94.62 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 21.24 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 575.06 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 11.71 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 63.06 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 198.26 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 36.56 P60 User: VLOPEZ -Veronica Lopez Page: 12 Current Date: 06/25/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 07:02:0 CITY OF RANCHO CUCAMONGA P61 Agenda Check Register 6/10/2009 through 6/23/2009 Check No. Check Date Vendor Name Amount AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 69.60 AP - 00283849 6/] 0/2009 SOUTHERN CALIFORNIA EDISON 26.80 AP - 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CK: Agenda Check Register Portrait Layout Time: 07:02:0 CITY OF RANCHO CUCAMONGA Agenda Check Register 6/10/2009 through 6/23/2009 Check No. Check Date Vendor Name Amount AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 85.44 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 35. ]3 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 21.21 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 51.96 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 19.36 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 50.15 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 19.20 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 21.41 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 20.48 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 19.36 AP - 00283849 6/]0/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 20.48 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 19.36 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 20.48 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 19.20 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 69.36 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 20.48 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 20.41 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 19.20 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 35.64 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 99.38 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 87.87 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 28.14 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 78.21 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 16.29 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 53.17 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 85.10 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 523.36 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 19.36 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 21.5 ] AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 19.17 AP - 00283849 6/10/2009 SOUTHERN CALIFORNIA EDISON 8,338.72 AP - 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00283879 6/10/2009 WARREN & CO INC, CARL 643.75 AP - 00283879 6/10/2009 WARREN & CO INC, CARL 556.88 AP - 00283879 6/10/2009 WARREN & CO INC, CARL 74.25 AP - 00283880 6/10/2009 WAXIE SANITARY SUPPLY 585.51 AP - 00283880 6/] 0/2009 WAXIE SANITARY SUPPLY 60.68 AP - 00283880 6/10/2009 WAXIE SANITARY SUPPLY 157.30 AP - 00283880 6/10/2009 WAXIE SANITARY SUPPLY 637.80 AP - 00283880 6/10/2009 WAXIE SANITARY SUPPLY 908.79 AP - 00283882 6/10/2009 YADAQ FERDINAND 500.00 AP - 00283882 6/10/2009 YADAO, FERDINAND 100.00 AP,- 00283883 6/10/2009 ZEE MEDICAL INC 693.49 AP - 00283885 6/17/2009 7 ELEVEN 1,832.00 AP - 00283885 6/17/2009 7 ELEVEN 1,870.20 Pli3 User: VLOPEZ -Veronica Lopez Page: 15 Current Date: 06/25/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 07:02:0 CITY OF RANCHO CUCAMONGA AEenda Check Register 6/10/2009 through 6/23/2009 Check No. Check Date Vendor Name Amount AP - 00283886 6/17/2009 A & I REPROGRAPHICS 50.81 AP - 00283887 6/17/2009 A AA'D R TIRE SERVICE 10.43 AP - 00283887 6/17/2009 A AND R TIRE SERVICE 71.45 AP - 00283887 6/17/2009 A AND R TIRE SERVICE 10.48 AP - 00283887 6/17/2009 A AND R TIRE SERVICE 129.23 AP - 00283887 6/17/2009 A AND R TIRE SERVICE 10.48 AP - 00283887 6/17/2009 A AND R TIRE SERVICE 664.25 AP - 00283887 6/17/2009 A AND R TIRE SERVICE 10.48 AP - 00283887 6/17/2009 A AND R TIRE SERVICE 1,627.58 AP - 00283887 6/17/2009 A AND R TIRE SERVICE 52.41 AP - 00283887 6/17/2009 A AND R TIRE SERVICE 622.13 AP - 00283887 6/17/2009 A AND R TIRE SERVICE 36.37 AP - 00283887 6/17/2009 A AND R TIRE SERVICE 10.48 AP - 00283887 6/17/2009 A AND R TIRE SERVICE 31.45 AP - 00283887 6/17/2009 A AND R TIRE SERVICE 10.48 AP - 00283887 6/17/2009 A AND R TIRE SERVICE 140.47 AP - 00283887 6/17/2009 A AND R TIRE SERVICE 579.04 AP - 00283887 6/17/2009 A AND R TIRE SERVICE 10.48 AP - 00283887 .6/17/2009 A AND R TIRE SERVICE 20.96 AP - 00283887 6/17/2009 A AND R TIRE SERVICE 359.71 AP - 00283887 6/17/2009 A AND R TIRE SERVICE 58.27 AP - 00283887 6/17/2009 A AND R TIRE SERVICE 58.27 AP - 00283887 6/17/2009 A AND R TIRE SERVICE 10.48 AP - 00283887 6/17/2009 A AND R TIRE SERVICE 25.53 AP - 00283887 6/17/2009 A AND R TIRE SERVICE 43.12 AP - 00283887 6/17/2009 A AND R TIRE SERVICE 10.48 AP - 00283887 6/17/2009 A AND R TIRE SERVICE 10.48 AP - 00283887 6/]7/2009 A AND R TIRE SERVICE ]O,qg AP - 00283887 6/17/2009 A AND R TIRE SERVICE 563.01 AP - 00283887 6/17/2009. A AND R TIRE SERVICE 20.96 AP - 00283888 6/17/2009 AA EQUIPMENT RENTALS CO INC 21.53 AP - 00283888 6/17/2009 AA EQUIPMENT RENTALS CO INC 562.53 AP - 00283889 6/17/2009 ABC LOCKSMITHS 1,214.99 AP - 00283889 6/17/2009 ABC LOCKSMITHS 70.52 AP - 00283890 6/17/2009 ABM JANITORIAL SW 51,659.69 AP - 00283890 6/17/2009 ABM JANITORIAL SW 5,125.12 AP - 00283890 6/17/2009 ABM SANITORIAL SW 352.74 AP - 00283891 6/17/2009 ACEY DECY EQUIPMENT INC. -37.15 AP - 00283891 6/17/2009 ACEY DECY EQUIPMENT INC. 170.54 AP - 00283892 6/17/2009 AECOM 8,502.30 AP - 00283893 6/17/2009 AFLAC 4,380.08 AP - 00283894 6/17/2009 AGUILERA, ISAIAH 360.00 AP - 00283895 6/17/2009 AIRGAS WEST 85 22 AP - 00283896 6/17/2009 ALBORNOZ, IMEE 13.50 AP - 00283897 6/17/2009 ALDANA, DON 10.00 AP - 00283898 6/17/2009 ALDRICH & ASSOCIATES INC. 2,500.00 AP - 00283900 6/17/2009 ALL WELDING 500.00 AP - 00283900 6/17/2009 ALL WELDING 70.40 AP - 00283901 6/17/2009 ALPERT, AMY 10.00 AP - 00283902 6/17/2009 ALPHAGRAPHICS 135.88 AP - 00283902 6/17/2009 ALPHAGRAPHICS ,55.46 AP - 00283904 6/] 7/2009 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 P64 User: VLOPEZ -Veronica Lopez Page: 16 Current Dale: 06/25/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 07:02:0 CITY OF RANCHO CUCAMONGA Aeenda Check Resister 6/10/2009 through 6/23/2009 Check No. Check Date Vendor Name Amount AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 100.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00283904 6/17/2009 ALTA.LOMA ANIMAL HOSPITAL 100.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 100.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 100.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 100.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 100.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 100.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 100.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 100.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 100.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00283904 6/17/2009 ALTA LOMA ANIMAL HOSPITAL 100.00 AP - 00283905 6/17/2009 ALTA LOMA HIGH SCHOOL 500.00 AP - 00283906 6/17/2009 AMERICAN BODY ARMOR & EQUIPMENT INC. 108.75 AP - 00283907 6/17/2009 AMERICAN MATERIAL HANDLING 1,281.08 AP - 00283908 6/17/2009 AMERICAN ROTARY BROOM CO. INC. 1.143.90 AP - 00283908 6/17/2009 AMERICAN ROTARY BROOM CO. INC. 642.73 AP - 00283909 6/17/2009 AMO RECOVERIES INC. 140.00 AP - 00283910 6/17/2009 AMTECH ELEVATOR SERVICES 241.44 AP - 00283910 6/17/2009 AMTECH ELEVATOR SERVICES 207.68 AP - 00283910 6/17/2009 AMTECH ELEVATOR SERVICES 233.71 AP - 00283911 ' 6/17/2009 ANTECH DIAGNOSTICS 1,020.67 AP - 00283912 6/17/2009 APG COMPANY 454.00 AP - 00283913 6/17/2009 ARAMARK UNIFORM SERVICES 6.70 AP - 00283913 6/17/2009 ARAMARK UNIFORM SERVICES 6.70 AP - 00283914 6/17/2009 ARCHIBALD PET HOSPITAL 500.00 AP - 00283915 6/17/2009 ARCHITERRA DESIGN GROUP 1,081.25 AP - 00283915 6/17/2009 ARCHITERRA DESIGN GROUP 1,340.75 AP - 00283915 6/17/2009 ARCHITERRA DESIGN GROUP 145.79 AP - 00283915 6/] 7/2009 ARCHITERRA DESIGN GROUP 25.00 P65 User: VLOPEZ -Veronica Lopez Page: 17 Current Date: 06/25/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 07:02:0 CITY OF RANCHO CUCAMONGA Agenda Check Resister 6/10/2009 through 6/23/2009 Check No. Check Date Vendor Name Amount AP - 00283916 6/17/2009 ARNOLD, RICHARD 250.00 AP - 00283917 6/17/2009 ARROW TRAILER SUPPLIES INC 18.43 AP - 00283918 6/17/2009 ASTRUM UTILITY SERVICES 8,000.00 AP - 00283919 6/17/2009 AT&T 61.43 AP - 00283919 6/17/2009 AT&T 5,848.70 AP - 00283921 6/17/2009 AUTO BODY 2000 1,631.07 AP - 00283921 6/17/2009 AUTO BODY 2000 1,005.34 AP - 00283921 6/17/2009 AUTO BODY 2000 637.08 AP - 00283922 6/17/2009 B AND K ELECTRIC WHOLESALE 57.99 AP - 00283923 6/17/2009 B.A.H.S. 1,443.34 AP - 00283923 6/17/2009 B.A.H.S. -11.40 AP -00283923 6/17/2009 B.A.H.S. -14.34 AP - 00283923 6/17/2009 B.A.H.S. q.sg AP - 00283923 6/17/2009 B.A.H.S. 431.52 AP-00283923 6/17/2009 B.A.H.S. 16.29 AP - 00283923 6/17/2009 B.A.H.S. 124.92 AP-00283923 6/17/2009 B.A.H.S. 25.74 AP-00283923 6/17/2009 B.A.H.S. 427.37 AP-00283923 6/17/2009 B.A.H.S. 444.25 AP - 00283924 6/17/2009 BANC OF AMERICA LEASING 8,948.44 AP - 00283924 6/17/2009 BANC OF AMERICA LEASING 1,295.68 AP - 00283925 6/17/2009 BANC OF AMERICA LEASING 390.82 AP - 00283925 6/17/2009 BANC OF AMERICA LEASING 195.03 AP - 00283926 6/17/2009 BARNES AND NOBLE 26.08 AP - 00283927 6/17/2009 BASELINE SURVEYING INC 537.00 AP - 00283929 6/17/2009 BEARD PROVENCHER AND ASSOC INC 3,078.00 AP - 00283929 6/17/2009 BEARD PROVENCHER AND ASSOC INC 2,394.00 AP - 00283930 6/17/2009 BEE REMOVERS 195.00 AP - 00283938 6/17/2009 BRODART BOOKS 52.40 AP - 00283938 6/17/2009 BRODART BOOKS 621 AP - 00283938 6/17/2009 BRODART BOOKS 5.83 AP - 00283938 6/17/2009 BRODART BOOKS 28.30 AP - 00283938 6/17/2009 BRODART BOOKS 14 64 AP - 00283938 6/17/2009 BRODART BOOKS ~ 4.30 AP - 00283938 6/17/2009 BRODART BOOKS 8.60 AP - 00283938 6/17/2009 BRODART BOOKS q.30 AP - 00283938 6/17/2009 BRODART BOOKS 102.23 AP - 00283938 6/17/2009 BRODART BOOKS 19.53 AP - 00283938 6/17/2009 BRODART BOOKS 19.24 AP - 00283938 6/17/2009 BRODART BOOKS 15.80 AP - 00283938 6/17/2009 BRODART BOOKS 118.39 AP - 00283938 6/17/2009 BRODART BOOKS 15.80 AP - 00283938 6/17/2009 BRODART BOOKS 26.75 AP - 00283938 6/17/2009 BRODART BOOKS 31.06 AP - 00283938 6/17/2009 BRODART BOOKS 15.27 AP - 00283938 6/17/2009 BRODART BOOKS 94.23 AP - 00283938 6/17/2009 BRODART BOOKS 22.87 AP - 00283938 6/17/2009 BRODART BOOKS 10.18 AP - 00283938 6/17/2009 BRODART BOOKS 36.18 AP - 00283938 6/17/2009 BRODART BOOKS 67.75 AP - 00283938 6/17/2009 BRODART BOOKS 47.91 AP - 00283938 6/17/2009 BRODART BOOKS 63.60 AP - 00283938 6/17/2009 BRODART BOOKS 13.69 AP - 00283938 6/17/2009 BRODART BOOKS 12.43 P66 User: VLOPEZ -Veronica Lopez Page: 18 Current Date: 06/25/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 07:02:0 CITY OF RANCHO CUCAMONGA Agenda Check Register 6/10/2009 through 6/23/2009 Check No. Check Date Vendor Name Amount AP - 00283938 6/17/2009 BRODART BOOKS 6.48 AP - 00283938 6/17/2009 BRODART BOOKS 6 qg AP - 00283938 6/17/2009 BRODART BOOKS 23 21 AP - 00283938 6/17/2009 BRODART BOOKS 177.91 AP - 00283938 6/17/2009 BRODART BOOKS 151.04 AP - 00283938 6/17/2009 BRODART BOOKS 14.67 AP - 00283938 6/17/2009 BRODART BOOKS 14.13 AP - 00283938 6/17/2009 BRODART BOOKS 1 g 70 AP - 00283938 6/17/2009 BRODART BOOKS 298.22 AP - 00283938 6/17/2009 BRODART BOOKS 73.34 AP - 00283938 6/17/2009 BRODART BOOKS 6 qg AP - 00283938 6/17/2009 BRODART BOOKS 28.04 AP - 00283938 6/17/2009 BRODART BOOKS 4.30 AP - 00283938 6/17/2009 BRODART BOOKS 4.30 AP - 00283938 6/17/2009 BRODART BOOKS 4.30 AP - 00283938 6/] 7/2009 BRODART BOOKS 17.19 AP - 00283938 6/17/2009 BRODART BOOKS 12.90 AP - 00283938 6/17/2009 BRODART BOOKS 19.38 AP - 00283938 6/17/2009 BRODART BOOKS 27.36 AP - 00283938 6/17/2009 BRODART BOOKS 34.26 AP - 00283938 6/17/2009 BRODART BOOKS 14 70 AP - 00283938 6/17/2009 BRODART BOOKS 14 14 AP - 00283938 6/] 7/2009 BRODART BOOKS 16.63 AP - 00283938 6/17/2009 BRODART BOOKS 33.08 AP - 00283938 6/17/2009 BRODART BOOKS 249.36 AP - 00283938 6/17/2009 BRODART BOOKS 25.64 AP - 00283938 6/17/2009 BRODART BOOKS 81.10 AP - 00283938 6/17/2009 BRODART BOOKS 15.26 AP - 00283938 6/17/2009 BRODART BOOKS 15.62 AP - 00283938 6/17/2009 BRODART BOOKS 29.35 AP - 00283938 6/17/2009 BRODART BOOKS 49.79 AP - 00283938 6/17/2009 BRODART BOOKS 49.79 AP - 00283938 6/17/2009 BRODART BOOKS 15.66 AP - 00283938 6/17/2009 BRODART BOOKS 4.30 AP - 00283938 6/17/2009 BRODART BOOKS 4.30 AP - 00283938 6/17/2009 BRODART BOOKS 4.30 AP - 00253938 6/17/2009 BRODART BOOKS 4.30 AP - 00283938 6/17/2009 BRODART BOOKS 4.30 AP - 00283938 6/17/2009 BRODART BOOKS 30.16 AP - 00283938 6/17/2009 BRODART BOOKS 15.08 AP - 00283938 6/17/2009 BRODART BOOKS ] 2.96 AP - 00283938 6/17/2009 BRODART BOOKS 112.28 AP - 00283938 6/17/2009 BRODART BOOKS 4.30 AP - 00283938 6/17/2009 BRODART BOOKS 4.30 AP - 00283938 6/17/2009 BRODART BOOKS 12 89 AP - 00283938 6/17/2009 BRODART BOOKS 12.96 AP - 00283938 6/17/2009 BRODART BOOKS ] 0 78 AP - 00283938 6/17/2009 BRODART BOOKS 34.46 AP - 00283938 6/17/2009 BRODART BOOKS 4.30 AP - 00283938 6/17/2009 BRODART BOOKS 4.30 AP - 00283938 6/17/2009 BRODART BOOKS 6.48 AP - 00283938 6/17/2009 BRODART BOOKS 4.30 AP - 00283938 6/17/2009 BRODART BOOKS 32.34 AP - 00283938 6/17/2009 BRODART BOOKS 4.30 P67 User: VLOPEZ -Veronica Lopez Page: 19 Current Date: 06/25/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 07:02:0 CITY OF RANCHO CUCAMONGA Agenda Check Resister 6/10/2009 through 6/23/2009 Check No. Check Date Vendor Name Amoun[ AP - 00283938 6/17/2009 BRODART BOOKS 4.30 AP - 00283938 6/17/2009 BRODART BOOKS 4.30 AP - 00283938 6/17/2009 BRODART BOOKS 12.96 AP - 00283938 6/17/2009 BRODART BOOKS 21.56 AP - 00283938 6/17/2009 BRODART BOOKS 6.48 AP - 00283938 6/17/2009 BRODART BOOKS 4.30 AP - 00283938 6/17/2009 BRODART BOOKS 8.60 AP - 00283938 6/17/2009 BRODART BOOKS 18.97 AP - 00283938 6/17/2009 BRODART BOOKS 107.18 AP - 00283938 6/17/2009 BRODART BOOKS 45.32 AP - 00283938 6/17/2009 BRODART BOOKS 22.32 AP - 00283938 6/17/2009 BRODART BOOKS 32.10 AP - 00283938 6/17/2009 BRODART BOOKS 464.23 AP - 00283938 6/17/2009 BRODART BOOKS 412.93 AP - 00283938 6/17/2009 BRODART BOOKS 17.13 AP - 00283938 6/17/2009 BRODART BOOKS 43.51 AP - 00283938 6/17/2009 BRODART BOOKS 481.00 AP - 00283938 6/17/2009 BRODART BOOKS 27,71 AP - 00283938 6/17/2009 BRODART BOOKS 15.65 AP - 00283938 6/17/2009 BRODART BOOKS 34.25 AP - 00283938 6/17/2009 BRODART BOOKS 14.10 AP - 00283938 6/17/2009 BRODART BOOKS 24.84 AP - 00283938 6/] 7/2009 BRODART BOOKS 22.50 AP - 00283938 6/17/2009 BRODART BOOKS 980.43 AP - 00283938 6/17/2009 BRODART BOOKS 1,182.99 AP - 00283938 6/17/2009 BRODART BOOKS 20,16 AP - 00283938 6/17/2009 BRODART BOOKS 14.10 AP - 00283938 6/17/2009 BRODART BOOKS 51.79 AP - 00283938 6/17/2009 BRODART BOOKS 91.72 AP - 00283938 6/17/2009 BRODART BOOKS 196.55 AP - 00283938 6/17/2009 BRODART BOOKS 41.06 AP - 00283938 6/17/2009 BRODART BOOKS 41.06 AP - 00283938 6/17/2009 BRODART BOOKS ~ 85.97 AP - 00283938 6/17/2009 BRODART BOOKS 38.96 AP - 00283938 6/17/2009 BRODART BOOKS 126,77 AP - 00283938 6/17/2009 BRODART BOOKS 43.47 AP - 00283938 6/17/2009 BRODART BOOKS 34.45 AP - 00283938 6/17/2009 BRODART BOOKS 1,181.52. AP - 00283938 6/17/2009 BRODART BOOKS 14.67 AP - 00283938 6/17/2009 BRODART BOOKS 27,1 g AP - 00283938 6/17/2009 BRODART BOOKS 14.10 AP - 00283938 6/17/2009 BRODART BOOKS 14.10 AP - 00283938 6/17/2009 BRODART BOOKS 45.17 AP - 00283938 6/17/2009 BRODART BOOKS 14.70 AP - 00283938 6/17/2009 BRODART BOOKS 1,503.20 . AP - 00283938 6/17/2009 BRODART BOOKS 71.63 AP - 00283938 6/17/2009 BRODART BOOKS 9.70 AP - 00283938 6/17/2009 BRODART BOOKS 499.49 AP - 00283938 6/17/2009 BRODART BOOKS 564.33 AP - 00283938 6/17/2009 BRODART BOOKS 88.55 AP - 00283938 6/17/2009 BRODART BOOKS 26.80 AP - 00283938 6/17/2009 BRODART BOOKS 33. ] 9 AP - 00283938 6/17/2009 BRODART BOOKS 35.56 AP - 00283938 6/17/2009 BRODART BOOKS 27.10 P68 User: VLOPEZ -Veronica Lopez Page: 20 Current Date: 06/25/200 Report:CK_AGEA'DA_REG_PORTRAIT RC - CK: Agenda Check Register Pomait Layout Time: 07:02:0 CITY OF RANCHO CUCAMONGA P69 A_Qenda Check Resister 6/10/2009 through 6/23/2009 Check No. Check Date Vendor Name - Amoun[ AP - 00283938 6/17/2009 BRODART BOOKS 31.65 AP - 00283938 6/17/2009 BRODART BOOKS 118 81 AP - 00283938 6/17/2009 BRODART BOOKS 38.32 AP - 00283938 6/17/2009 BRODART BOOKS 135.47 AP - 00283938 6/17/2009 BRODART BOOKS 4.30 AP - 00283938 6/17/2009 BRODART BOOKS 172.56 AP - 00283938 6/17/2009 BRODART BOOKS 56.72 AP - 00283938 6/] 7/2009 BRODART BOOKS 15.62 AP - 00283938 6/17/2009 BRODART BOOKS 463.25 AP - 00283938 6/17/2009 BRODART BOOKS 36.60 AP - 00283938 6/17/2009 BRODART BOOKS 14.14 AP - 00283938 6/17/2009 BRODART BOOKS 8 77 AP - 00283938 6/17/2009 BRODART BOOKS 14.10 AP - 00253938 6/17/2009 BRODART BOOKS 42.41 AP - 00283938 6/17/2009 BRODART BOOKS 672.18 AP - 00283938 6/17/2009 BRODART BOOKS 1,048.60 AP - 00283938 6/17/2009 BRODART BOOKS 376.57 AP - 00283938 6/17/2009 BRODART BOOKS 14. ] 0 AP - 00283938 6/17/2009 BRODART BOOKS 14.13 AP - 00283938 6/17/2009 BRODART BOOKS 28 20 AP - 00283938 6/17/2009 BRODART BOOKS 38.86 AP - 00283938 6/17/2009 BRODART BOOKS 523.45 AP - 00283938 6/17/2009 BRODART BOOKS 115.32 AP - 00283938 6/17/2009 BRODART BOOKS 34.60 AP - 00283938 6/17/2009 BRODART BOOKS 1,025.06 AP - 00283938 6/17/2009 BRODART BOOKS 22.50 AP - 00283938 6/17/2009 BRODART BOOKS 15 27 AP - 00283938 6/17/2009 BRODART BOOKS 116.59 AP - 00283938 6/17/2009 BRODART BOOKS 3,277.04 AP - 00283938 6/17/2009 BRODART BOOKS 533.65 AP - 00283938 6/17/2009 BRODART BOOKS 15.55 AP - 00283938 6/17/2009 BRODART BOOKS 13.27 AP - 00283938 6/17/2009 BRODART BOOKS 72.16 AP - 00283938 6/17/2009 BRODART BOOKS 10.27 AP - 00283938 6/17/2009 BRODART BOOKS 236.52 AP - 00283938 6/17/2009 BRODART BOOKS 19.53 AP - 00283938 6/17/2009 BRODART BOOKS 19.24 AP - 00283938 6/17/2009 BRODART BOOKS 14.10 AP - 00283938 6/17/2009 BRODART BOOKS 15.80 AP - 00283938 6/17/2009 BRODART BOOKS 25.43 AP - 00283938 6/17/2009 BRODART BOOKS 701.24 AP - 00283938 6/17/2009 BRODART BOOKS 146.51 AP - 00283938 6/17/2009 BRODART BOOKS 969.48 AP - 00283938 6/17/2009 BRODART BOOKS 6.48 AP - 00283938 6/17/2009 BRODART BOOKS 4.30 AP - 00283938 6/17/2009 BRODART BOOKS 15.08 AP - 00283938 6/17/2009 BRODART BOOKS 8.60 AP - 00283938 6/17/2009 BRODART BOOKS 4.30 AP - 00283938 6/17/2009 BRODART BOOKS 27 97 AP - 00283938 6/17/2009 BRODART BOOKS 8.60 AP - 00283938 6/17/2009 BRODART BOOKS 32 38 AP - 00283938 6/17/2009 BRODART BOOKS 10.78 AP - 00283938 6/17/2009 BRODART BOOKS 6.48 AP - 00283938 6/17/2009 BRODART BOOKS SR 14 User: VLOPEZ -Veronica Lopez Page: 21 Current Date: 06/25/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 07:02:0 CITY OF RANCHO CUCAMONGA Agenda Check Register 6/10/2009 through 6/23/2009 Check No. Check Date Vendor Name ~ Amount AP - 00283938 6/17/2009 BRODART BOOKS 6.48 AP - 00283938 6/17/2009 BRODART BOOKS 45.36 AP - 00283938 6/17/2009 BRODART BOOKS 10.78 AP - 00283938 6/17/2009 BRODART BOOKS 12.89 AP - 00283938 6/17/2009 BRODART BOOKS 17.18 AP - 00283938 6/17/2009 BRODART BOOKS 4.30 AP - 00283938 6/17/2009 BRODART BOOKS 73 32 AP - 00283938 6/17/2009 BRODART BOOKS 4.30 AP - 00283938 6/17/2009 BRODART BOOKS 12.89 AP - 00283938 6/17/2009 BRODART BOOKS 4.30 AP - 00283938 6/17/2009 BRODART BOOKS 386.95 AP - 00283938 6/17/2009 BRODART BOOKS 4.30 AP - 00283938 6/17/2009 BRODART BOOKS 30.07 AP - 00283938 6/17/2009 BRODART BOOKS 8.59 AP - 00283938 6/17/2009 BRODART BOOKS 8.60 AP - 00283938 6/17/2009 BRODART BOOKS 99.08 AP - 00283938 6/17/2009 BRODART BOOKS 12.90 AP - 00283938 6/17/2009 BRODART BOOKS 15.66 AP - 00283938 6/17/2009 BRODART BOOKS 4.30 AP - 00283938 6/17/2009 BRODART BOOKS 6.48 AP - 00283938 6/17/2009 BRODART BOOKS 4.30 AP - 00283938 6/17/2009 BRODART BOOKS 144.50 AP - 00283938 6/17/2009 BRODART BOOKS 4.30 AP - 00283938 6/17/2009 BRODART BOOKS 286.21 AP - 00283938 6/17/2009 BRODART BOOKS 4.30 AP - 00283938 6/17/2009 BRODART BOOKS 4.30 AP - 00283938 6/17/2009 BRODART BOOKS 21.56 AP - 00283938 6/17/2009 BRODART BOOKS 8.60 AP - 00283938 6/17/2009 BRODART BOOKS 25.92 AP - 00283938 6/17/2009 BRODART BOOKS 215.30 AP - 00283938 6/17/2009 BRODART BOOKS 951.18 AP - 00283938 6/17/2009 BRODART BOOKS 8.60 AP - 00283938 6/17/2009 BRODART BOOKS 4.30 AP - 00283938 6/17/2009 BRODART BOOKS 137 78 AP - 00283938 6/17/2009 BRODART BOOKS 17.26 AP - 00283938 6/17/2009 BRODART BOOKS 118.45 AP - 00283938 6/17/2009 BRODART BOOKS 4.30 AP - 00283938 6/17/2009 BRODART BOOKS 4.30 AP - 00283938 6/17/2009 BRODART BOOKS 8.59 AP - 00283938 6/17/2009 BRODART BOOKS 4.30 AP - 00283938 6/17/2009 BRODART BOOKS 8 60 AP - 00283938 6/17/2009 BRODART BOOKS 8.60 AP - 00283938 6/17/2009 BRODART BOOKS 8 sg AP - 00283938 6/17/2009 BRODART BOOKS 12.89 AP - 00283938 6/17/2009 BRODART BOOKS 55.86 AP - 00283938 6/17/2009 BRODART BOOKS 51.60 AP - 00283938 6/17/2009 BRODART BOOKS _ 47.48 AP - 00283938 6/17/2009 BRODART BOOKS 34.46 AP - 00283938 6/17/2009 BRODART BOOKS 6.48 AP - 00283938 6/17/2009 BRODART BOOKS 4.30 AP - 00283938 6/17/2009 BRODART BOOKS 6 48 AP - 00283938 6/17/2009 BRODART BOOKS 6.48 AP - 00283938 6/17/2009 BRODART BOOKS 4.30 AP - 00283938 6/17/2009 BRODART BOOKS 21 48 P70 User: VLOPEZ -Veronica Lopez Page: 22 Current Date: 06/25/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 07:02:0 CITY OF RANCHO CUCAMONGA Agenda Check Resister 6/10/2009 through 6/23/2009 Check No. Check Date Vendor Name Amount AP - 00283938 6/17/2009 BRODART BOOKS 8.60 AP - 00283938 6/17/2009 BRODART BOOKS 196.28 AP - 00283938 6/17/2009 BRODART BOOKS 282.64 AP - 00283938 6/17/2009 BRODART BOOKS 6.48 AP - 00283938 6/17/2009 BRODART BOOKS 15.08 AP - 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00283971 6/17/2009 COVENANT STAFFING INC. 333.38 AP - 00283971 6/17/2009 COVENANT STAFFING INC. 142.24 AP-00283972 6/]7/2009 CROWN T. V. 89.00 AP - 00283973 6/17/2009 CRRA 1,980.00 AP - 00283974 6/17/2009 D 3 EQUIPMENT 253.39 AP - 00283975 6/17/2009 D AND K CONCRETE COMPANY 973.32 AP - 00283977 6/17/2009 DAPPER TIRE CO 693.30 AP - 00283977 6/17/2009 DAPPER TIRE CO 3,086.30 AP - 00283978 6/17/2009 DATA QUICK 130.50 AP - 00283979 6/17/2009 DEER CREEK CAR CARE CENTER 19.69 AP - 00283979 6/17/2009 DEER CREEK CAR CARE CENTER 19.69 P71 User: VLOPEZ -Veronica Lopez Page: 23 Current Date: 06/25/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Aoenda Check Register Portrait Layout Time: 07:02:0 CITY OF RANCHO CUCAMONGA Asenda Check Resister 6/10/2009 through 6/23/2009 Check No. Check Dale Vendor Name Amount AP - 00283980 6/17/2009 DELTA DENTAL 39,391.38 AP - 00283981 6/17/2009 DEPARTMENT OF JUSTICE 2,172.00 AP - 00283982 6/17/2009 DERAS, BEN 60.00 AP - 00283983 6/17/2009 DIAMONDBACK DRUGS 267.00 AP - 00283983 6/17/2009 DIAMONDBACK DRUGS 30.00 AP - 00283984 6/17/2009 DICKEY, SHANNON 150.00 AP - 00283985 6/17/2009 DOLLAR CLEANERS 40.00 AP - 00283986 6/17/2009 DOVE LIGHTING SYSTEMS 197.33 AP - 00283987 6/17/2009 DYNASTY SCREEN PRINTING 4,693.32 AP - 00283988 6/17/2009 EAST WEST BANK 15,000.00 AP - 00283989 6/17/2009 EDFUND 164.91 AP - 00283990 6/17/2009 ELLIS ENTERPRISES 1,888.00 AP - 00283990 6/17/2009 ELLIS ENTERPRISES ],670.00 AP - 00283990 6/17/2009 ELLIS ENTERPRISES 140.00 AP - 00283991 6/17/2009 ELLISON EDUCATIONAL EQUIPMENT INC SS.47 AP - 00283992 6/17/2009 EMCOR SERVICE 17, I86.S7 AP - 00283992 6/17/2009 EMCOR SERVICE 17,186.57 AP - 00283992 6/17/2009 EMCOR SERVICE - 6,455.73 AP - 00283993 6/17/2009 EMPIRE MOBILE HOME SERVICE 325.00 AP - 00283994 6/17/2009 EMPLOYMENT DEVELOPMENT DEPT. 409.02 AP - 00283995 6/17/2009 EN POINTE TECHNOLOGIES SALES INC 1,637.79 AP - 00283995 6/17/2009 EN POINTE TECHNOLOGIES SALES INC 1,896.63 AP - 00283996 6/17/2009 ENGELKE, LINDA 1,317.00 AP - 00283997 6/17/2009 EWING IRRIGATION PRODUCTS 137.44 AP - 00283997 6/17/2009 EWING IRRIGATION PRODUCTS 317.30 AP - 00283998 6/17/2009 EXPERIAN 75.00 AP - 00283999 6/17/2009 EXPRESS BRAKE SUPPLY 229.16 AP - 00284001 6/17/2009 FEDERAL EXPRESS CORP 19.67 AP - 00284001 6/17/2009 FEDERAL EXPRESS CORP 16.88 AP - 00284001 6/17/2009 FEDERAL EXPRESS CORP 18.31 AP - 00284001 6/17/2009 FEDERAL EXPRESS CORP 15.16 AP - 00284001 6/17/2009 FEDERAL EXPRESS CORP ] 2.02 AP - 00284001 6/17/2009 FEDERAL EXPRESS CORP 18.31 AP - 00284001 6/17/2009 FEDERAL EXPRESS CORP 23.97 AP - 00284001 6/17/2009 FEDERAL EXPRESS CORP 16.92 AP - 00284001 6/17/2009 FEDERAL EXPRESS CORP 13.64 AP - 00284001 6/17/2009 FEDERAL EXPRESS CORP 58.08 AP - 00284002 6/17/2009 FELICIANO, ANTHONY 200.00 AP - 00284003 6/17/2009 FENCE CRAFT OF UPLAND INC 2,748.25 AP - 00284004 6/17/2009 FLAG SYSTEMS INC. 1,750.00 AP - 00284004 6/17/2009 FLAG SYSTEMS INC. 1,500.00 AP - 00284004 6/17/2009 FLAG SYSTEMS INC. 1,500.00 AP - 00284004 6/17/2009 FLAG SYSTEMS INC. 40.00 AP - 00284005 6/17/2009 FLEET SERVICES INC. 1.93 AP - 00284005 6/17/2009 FLEET SERVICES INC. 27.99 AP - 00284006 6/17/2009 FOOTCHESTER PARTNERS LLC. 70,000.00 AP - 00284007 6/17/2009 FORD OF UPLAND INC 126.65 AP - 00284007 6/17/2009 FORD OF UPLAND INC 108.22 AP - 00284007 6/17/2009 FORD OF UPLAND INC 43.92 AP - 00284008 6/17/2009 GAIL MATERIALS 4,999.95 AP - 00284010 6/17/2009 GARCIA, MARIO 15.00 AP - 00284011 6/17/2009 GILLISON, JOHN ~ 31.05 AP - 00284012 6/17/2009 GIORDANO, MARIANNA 300.00 AP - 002840]3 6/17/2009 GIRON, SABINO 25.00 P72 User: VLOPEZ -Veronica Lopez Page: 24 Current Date: 06/28/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Timc: 07:02:0 CITY OF RANCHO CUCAMONGA Aeenda Check Resister 6/10/2009 through 6/23/2009 Check No. Check Date Vendor Name Amount AP - 00284014 6/17/2009 GOLF VENTURES WEST 308.52 AP - 00284015 6/17/2009 GRAINGER 121.58 AP - 00284015 6/17/2009 GRAINGER 474.15 AP - 00284015 6/17/2009 GRAINGER 255.81 AP - 00284015 6/17/2009 GRAINGER 92.49 AP - 00284015 6/17/2009 GRAINGER 271.1 I AP - 00284015 6/17/2009 GRAINGER 147.44 AP - 00284015 6/17/2009 GRAINGER 71.64 AP - 00284016 6/17/2009 GRANT III, VINCENT 468.00 AP - 00284017 6/17/2009 GRAPHICS FACTORY PRINTING INC. 353.44 AP - 00284018 6/] 7/2009 GREEN ROCK POWER EQUIPMENT 151.07 AP - 00284018 6/17/2009 GREEN ROCK POWER EQUIPMENT 184.86 AP - 00284018 6/17/2009 GREEN ROCK POWER EQUIPMENT 339.20 AP - 00284019 6/17/2009 GUZMAN, ISABEL ],756.00 AP - 00284020 6/17/2009 HARPER COLLINS PUBLISHERS 1,500.00 AP - 00284021 6/17/2009 HARTMAN, RICHARD 35.00 AP - 00284022 6/17/2009 HAVENHILL, CHRISTA 500.00 AP - 00284023 6/17/2009 HEARTSAVERS LLC 180.00 AP - 00284024 6/17/2009 HIGHLAND VILLAGE PET HOSPITAL 75.00 AP - 00284025 6/17/2009 HILLS PET NUTRITION SALES INC 382.32 AP - 00284026 6/17/2009 HIRAYAMA, KEIICHIRO 500.00 AP - 00284027 6/17/2009 HOLLIDAY ROCK CO INC 121.20 AP - 00284027 6/17/2009 HOLLIDAY ROCK CO INC 61.39 AP - 00284028 6/17/2009 HOME DEPOT CREDIT SERVICES 17.33 AP - 00284028 6/17/2009 HOME DEPOT CREDIT SERVICES 121.69 AP - 00284028 6/17/2009 HOME DEPOT CREDIT SERVICES 137.19 AP - 00284029. 6/17/2009 HOSE MAN INC 14.01 AP - 00284030 6/] 7/2009 HOUSE OF RUTH 848.36 AP - 00284032 6/17/2009 HSBC BUSINESS SOLUTIONS 644.31 AP - 00284032 6/17/2009 HSBC BUSINESS SOLUTIONS 65.76 AP - 00284032 6/17/2009 HSBC BUSINESS SOLUTIONS 79.70 AP - 00284032 6/17/2009 HSBC BUSINESS SOLUTIONS 83.02 AP - 00284032 6/17/2009 HSBC BUSINESS SOLUTIONS 332.72 AP - 00284032 6/17/2009 HSBC BUSINESS SOLUTIONS 6.14 AP - 00284032 6/17/2009 HSBC BUSINESS SOLUTIONS 1,411.51 AP - 00284032 6/17/2009 HSBC BUSINESS SOLUTIONS 188.38 AP - 00284032 6/17/2009 HSBC BUSINESS SOLUTIONS 97.87 AP - 00284032 6/17/2009 HSBC BUSINESS SOLUTIONS 409.56 AP - 00284033 6/17/2009 HUGHES, RANCE 51.70 AP - 00284036 6/17/2009 HUNTER, TASHA 639.46 AP - 00284037 6/17/2009 HYDROSCAPE PRODUCTS INC 53.84 AP - 00284037 6/17/2009 HYDROSCAPE PRODUCTS INC 7.45 AP - 00284037 6/17/2009 HYDROSCAPE PRODUCTS INC 106.35 AP - 00284037 6/17/2009 HYDROSCAPE PRODUCTS INC 6.63 AP - 00284038 6/17/2009 IBM CORPORATION 45.00 AP - 00284038 6/17/2009 IBM CORPORATION 555.08 AP - 00284039 6/17/2009 IMPERIAL SPRINKLER SUPPLY INC 1,218.00 AP - 00284040 6/17/2009 IMPERIAL WOODPECKER 559.00 AP - 00284041 6/17/2009 INLAND CUSTOM PUBLISHING GROUP 187.50 AP - 00284041 6/17/2009 INLAND CUSTOM PUBLISHING GROUP 187.50 AP - 00284041 6/17/2009 INLAND CUSTOM PUBLISHING GROUP 187.50 AP - 00284041 6/17/2009 INLAND CUSTOM PUBLISHING GROUP 187.50 AP - 00284042 6/17/2009 INLAND EMPIRE FAMILY 270.00 AP - 00284042 6/17/2009 INLAND EMPIRE FAMILY 270.00 P73 User: VLOPEZ -Veronica Lopez Page: 25 Current Date: 06/25/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 07:02:0 CITY OF RANCHO CUCAMONGA Agenda Check ReP-ister 6/10/2009 through 6/23/2009 Check No. Check Date Vendor Name Amount AP - 00284042 6/17/2009 INLAND EMPIRE FAMILY 270.00 AP - 00284042 6/17/2009 INLAND EMPIRE FAMILY 270.00 AP - 00284043 6/17/2009 INLAND EMPIRE WEEKLY 328.00 AP - 00284043 6/17/2009 INLAND EMPIRE WEEKLY 328.00 AP - 00284044 6/17/2009 INLAND FAIR HOUSING AND MEDIATION BOAT 871.09 AP - 00284044 6/17/2009 INLAND FAIR HOUSING AND MEDIATION BOA] 875.22 AP - 00284046 6/17/2009 INLAND PRESORT & MAILING SERVICES 59.17 AP - 00284047 6/17/2009 INLAND VALLEY DAILY BULLETIN 770.00 AP - 00284048 6/17/2009 INTERSTATE BATTERIES 166.42 AP - 00284048 6/17/2009 INTERSTATE BATTERIES 127.35 AP - 00284049 6/17/2009 INTERSTATE BATTERIES 3,566.41 AP - 00284049 6/17/2009 INTERSTATE BATTERIES 13.01 AP - 00284050 6/17/2009 INTERWEST CONSULTING GROUP INC 2,565.00 AP - 00284051 6/17/2009 INVESTWEST PARTNERS 66 LLC 13.31 AP - 00284052 6/17/2009 IRON MOUNTAIN OSDP 907.55 AP - 00284053 6/17/2009 J J KELLER AND ASSOC INC 191.45 AP - 00284054 6/17/2009 JAMES HOWELL CONSULTING 943.36 AP - 00284054 6/17/2009 JAMES HOWELL CONSULTING 1,179.20 AP - 00284054 6/17/2009 _ JAMES FIOWELL CONSULTING 707.52 AP - 00284054 6/17/2009 JAMES HOWELL CONSULTING 1,415.04 AP - 00284054 6/17/2009 TAMES HOWELL CONSULTING 471.68 AP - 00284055 6/17/2009 JIMENEZ, PATRICIA g.gg AP - 00284056 6/17/2009 JOHN DEERE LANDSCAPES 711.62 AP - 00284057 6/17/2009 JOHNSON, VICTORIA 65.39 AP - 00284058 6/17/2009 JONES AND MAYER, LAW OFFICES OF 2,465.00 AP - 00284059 6/17/2009 JOSHUACASEY CORPORATE TRAINING 1,850.00 AP - 00284059 6/17/2009 JOSHUACASEY CORPORATE TRAINING 1,850.00 AP - 00284060 6/17/2009 JS CONSULTING 1,000.00 AP - 00284061 6/17/2009 K K WOODWORKING 173.91 AP - 00284062 6/17/2009 KC PRINTING & GRAPHICS INC 74,7g AP - 00284063 6/17/2009 KREIDER, JESSE 130.49 AP - 00284064 6/17/2009 L E H AND ASSOCIATES 7,375.00 AP - 00284065 6/] 7/2009 L S A ASSOCIATES INC 1,304.09 AP - 00284066 6/17/2009 LAB SAFETY SUPPLY IN'C 100.71 AP - 00284067 6/17/2009 LAMOUREUX, JULIE 52.50 AP - 00284068 6/17/2009 LANCE SOLL AND LUNGHARD 16,800.00 AP - 00284069 6/] 7/2009 LEE, ELAII~~E 276.00 AP - 0028407] 6/17/2009 LIMS AUTO INC 609.41 AP - 00284071 6/17/2009 LJMS AUTO INC 243.47 AP - 00284072 6/17/2009 LINDSEY, DEBORAH 250.00 AP - 00284073 6/17/2009 LITTLE BEAR PRODUCTIONS 725.00 AP - 00284073 6/17/2009 LITTLE BEAR PRODUCTIONS 150.00 AP - 00284073 6/17/2009 LITTLE BEAR PRODUCTIONS 250.00 AP - 00284073 6/17/2009 LITTLE BEAR PRODUCTIONS 56.25 AP - 00284073 6/17/2009 LITTLE BEAR PRODUCTIONS 56.25 AP - 00284073 6/17/2009 LITTLE BEAR PRODUCTIONS 56.25 AP - 00284073 6/] 7/2009 LITTLE BEAR PRODUCTIONS 56.25 AP - 00284074 6/17/2009 LONG BEACH SOCCER REFEREE ASSOC 725.00 AP - 00284075 6/17/2009 MACIAS, VERNA 500.00 AP - 00284076 6/17/2009 MAIN STREET SIGNS 48.94 AP - 00284076 6/17/2009 MAIN STREET SIGNS 251.06 AP - 00284076 6/17/2009 MAIN STREET SIGNS 282.45 AP - 00284076 6/17/2009 MAIN STREET SIGNS 300.00 AP - 00284076 6/17/2009 MAIN STREET SIGNS 100.00 P74 User: VLOPEZ -Veronica Lopez Page: 26 Current Date: 06/25/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 07:02:0 CITY OF RANCHO CUCAMONGA P75 Asenda Check Resister 6/10/2009 through 6/23/2009 Check No. Check Date Vendor Name Amount AP - 00284076 6/17/2009 MAIN STREET SIGNS 266.00 AP - 00284077 6/17/2009 MARCARELLQ KAREN 272.00 AP - 00284077 6/17/2009 MARCARELLO, KAREN 2,300.00 AP - 00284078 6/17/2009 MARIPOSA HORTICULTURAL ENT INC 459.96 AP - 00284078 6/17/2009 MARIPOSA HORTICULTURAL ENT INC 279.25 AP - 00284078 6/17/2009 MARIPOSA HORTICULTURAL ENT INC 457.47 AP - 00284078 6/17/2009 MARIPOSA HORTICULTURAL ENT INC 144.47 AP - 00284078 6/17/2009 MARIPOSA HORTICULTURAL ENT INC 2,073.67 AP - 00284078 6/17/2009 MARIPOSA HORTICULTURAL ENT INC 288.94 AP - 00284078 6/17/2009 MARIPOSA HORTICULTURAL ENT INC 2,203.14 AP - 00284078 6/17/2009 MARIPOSA HORTICULTURAL ENT INC 288.94 AP - 00284078 6/17/2009 MARIPOSA HORTICULTURAL ENT INC 2,738.22 AP - 00284078 6/17/2009 MARIPOSA HORTICULTURAL ENT INC 428.97 AP - 00284078 6/17/2009 MARIPOSA HORTICULTURAL ENT INC 577.88 AP - 00284078 6/17/2009 MARIPOSA HORTICULTURAL ENT INC 2,440.30 AP - 00284079 6/17/2009 MARK CHRISTOPHER INC 382.22 AP - 00284079 6/17/2009 MARK CHRISTOPHER INC 4.71 AP - 00284080 6/17/2009 MATERIAL SALES UNLIMITED 1,213.29 AP - 00284080 6/17/2009 MATERIAL SALES UNLIMITED 661.20 AP - 00284081 6/17/2009 MCGOWAN, LAURA 150.00 AP - 00284083 6/17/2009 MITSUBISHI ELECTRIC & ELECTRONICS USA R 515.07 AP - 00284084 6/] 7/2009 MOTOROLA 57,438.10 AP - 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CK: Agenda Check Register Pomait Layout Time: 07:02:0 CITY OF RANCHO CUCAMONGA P79 Agenda Check Resister 6/10/2009 through 6/23/2009 Check No. Check Date Vendor Name Amount AP - 00284160 6/17/2009 SOUTHERN CALIFORNIA EDISON 4,634.02 AP - 00284]60 6/17/2009 SOUTHERN CALIFORNIA EDISON 5,266.67 AP - 00284160 6/17/2009 SOUTHERN CALIFORNIA EDISON 1,360.35 AP - 00284160 6/17/2009 SOUTHERN CALIFORNIA EDISON 22,088.19 AP - 00284160 6/17/2009 SOUTHERN CALIFORNIA EDISON 4,750.59 AP - 00284160 6/17/2009 SOUTHERN CALIFORNIA EDISON 0.00 AP - 00284160 6/17/2009 SOUTHERN CALIFORNIA EDISON 28,774.20 AP - 00284160 6/17/2009 SOUTHERN CALIFORNIA EDISON 15,334.51 AP - 00284161 6/17/2009 SOUTHERN CALIFORNIA EDISON 7,728.20 AP - 00284162 6/] 7/2009 SOUTHLAND SPORTS OFFICIALS 230.00 AP - 00284163 6/17/2009 SPECIALIZED BUILDER'S HARDWARE INC 2,459.93 AP - 00284163 6/17/2009 SPECIALIZED BUILDER'S HARDWARE INC 1,202.70 AP - 00284164 6/17/2009 SPOONFACTORY 70.00 AP - 00284164 6/17/2009 SPOONFACTORY 3,500.00 AP - 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LA 44.66 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 0.00 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 44.66 AP-00284205 6/]7/2009 VERIZONWIRELESS-LA 44.70 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.79 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 30.89 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 30.89 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.79 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 30.93 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.79 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 0.00 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 72.90 P80 User: VLOPEZ -Veronica Lopez Page: 32 Current Date: 06/25/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 07:02:0 CITY OF RANCHO CUCAMONGA Agenda Check Register 6/10/2009 through 6/23/2009 Check No. Check Date Vendor_Name Amount AP - 00284205 6/17/2009 VERIZON WIRELESS - LA -2720 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 0.00 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA -21.84 AP - 00284205 6/]7/2009 VERIZON WIRELESS - LA -16.37 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.79 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 65.36 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.79 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.79 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.79 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA -16.37 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA -27.20 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.79 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 75.26 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 61.78 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 62.53 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 61.78 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA -27.20 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 0.00 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 0.00 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 61.78 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 39.87 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 41.93 AP - 00284205 6/] 7/2009 VERIZON WIRELESS - LA 53.98 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 39.87 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 3987 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 39.83 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.79 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 37.08 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 39.87 AP.- 00284205 6/17/2009 VERIZON WIRELESS - LA 47.91 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 45.86 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 48.16 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 33.97 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 38.48 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 46.10 AP - 00284205 G/17/2009 VERIZON WIRELESS - LA 56.92 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 39.87 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 40.12 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.93 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 33.97 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 33.97 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 45.86 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 73.73 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 40.17 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 39.06 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 42.78 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 42.78 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 0.00 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 41.78 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 0.00 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.79 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA -16.37 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA -16.37 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.79 P81 User: VLOPEZ -Veronica Lopez Page: 33 Current Date: 06/25/200 Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agcnda Check Register Portrait Layout Time: 07:02:0 CITY OF RANCHO CUCAMONGA Agenda Check Register 6/10/2009 through 6/23/2009 Check No. Check Date Vendor Name AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - L•A AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS -LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VER[ZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP-00284205 6/17/2009 VERIZON WIRELESS-LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA AP - 00284205 6/17/2009 VERIZON WIRELESS - LA P82 Amount 38.56 0.00 0.00 36.79 47.05 30.89 39.42 41.78 15.36 41.78 0.00 50.41 50.41 36.79 -16.37 0.00 50.41 38.09 0.00 0.00 31.01 0.00 0.00 0.00 38.09 50.41 50.41 5229 36.97 68.39 44.72 62.93 18.93 18.93 50.41 36.79 36.81 36.79 62.04 36.79 36.79 20.06 0.07 0.00 36.79 36.91 36.03 38.81 59.07 36.03 36.03 36.79 41.93 36.03 User: VLOPEZ -Veronica Lopez Page: 34 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Current Date: 06/25/200 Time: 07:02:0 CITY OF RANCHO CUCAMONGA P83 Agenda Check Register 6/10/2009 through 6/23/2009 Check No. Check Date Vendor Name Amoun[ AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.03 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.03 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.89 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 37.33 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.03 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 42.60 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.03 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 43.25 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 52.15 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 40.12 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 39.87 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 40.12 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 0.00 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.79 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 0.00 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 0.00 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.79 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 0.00 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.79 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 54.39 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.81 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.79 AP - 00284205 6/] 7/2009 VERIZON WIRELESS - LA 38.05 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA _ 104.59 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.79 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 39.87 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 78.97 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 46.44 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 43.23 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 39.87 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 62.92 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 33.44 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 42.78 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 42.78 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 4278 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 42.78 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 51.76 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 47.16 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 54.62 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 47.39 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 39.87 AP - 00284205 6/17/2009 VERIZOA' WIRELESS - LA 42.96 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 42.75 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 40.12 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 39.87 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 40.63 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 42.50 AP - 00284205 6/] 7/2009 VERIZON WIRELESS - LA 40.12 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 41.94 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.93 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 51.92 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 43.96 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 80.79 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 50.41 User: VLOPEZ -Veronica Lopez Page: 35 Current Date: 06/25/200 Report:CK_AGENDA_REG_PORTRAI T_RC - CK: Agenda Check Register Portrait Layout _ Time: 07:02:0 CITY OF RANCHO CUCAMONGA P84 Agenda Check Register 6/10/2009 through 6/23/2009 Check No. Check Date Vendor Name Amount AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 41.78 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 50.41 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 0.00 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 0.00 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA -16.37 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 72.78 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 61.78 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 61.78 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 107.86 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 46.79 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA -27.20 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 37.09 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA -13.74 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA -13.74 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA -13.74 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA -13.74 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA -13.74 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 0.00 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.79 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.79 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.79 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.79 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.79 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.79 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 30.89 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.79 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 68.70 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.79 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 63.96 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 0.00 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 66.51 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 74.05 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 45.84 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 0.00 AP - 00284205 6/] 7/2009 VERIZON WIRELESS - LA 36.79 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 0.00 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 0.00 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 0.00 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.79 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 0.00 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 44.66 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 41.78 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 0.00 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 38.12 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 0.00 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.79 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.97 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.79 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.79 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 39.52 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.79 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 47.71 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.79 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 50.41 User: VLOPEZ -Veronica Lopez Page: 36 Current Date: 06/25/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 07:02:0 CITY OF RANCHO CUCAMONGA Aeenda Check Register 6/10/2009 through 6/23/2009 P85 Check No. Check Date Vendor Name Amount AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 36.85 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA -4.45 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 30.89 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA -16.37 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 50.41 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 55.81 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 61.80 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 45.01 AP - 00284205 6/17/2009 VERIZON WIRELESS - LA 50.41 AP - 00284206 6/17/2009 VIASYN INC 3,000.00 AP - 00284207 6/17/2009 VILLAGE NURSERIES WHOLESALE LLC -11.65 AP - 00284207 6/17/2009 VILLAGE NURSERIES WHOLESALE LLC 239.83 AP - 00284207 6/17/2009 VILLAGE NURSERIES WHOLESALE LLC 750.00 AP - 00284208 6/17/2009 VISTA PAINT 166.80 AP - 00284208 6/17/2009 VISTA PAINT 24.18 AP - 00284209 6/17/2009 VOLVO CONSTRUCTION EQUIPMENT 115.03 AP - 00284209 6/17/2009 VOLVO CONSTRUCTION EQUIPMENT 140.27 AP - 00284211 6/17/2009 WARMINGTON RESIDENTIAL CALIFORNIA 36.82 AP - 00284211 6/17/2009 WARMINGTON RESIDENTIAL CALIFORNIA 48.81 AP - 00284212 6/17/2009 WATERS, JIM 20.00 AP - 00284213 6/17/2009 WAXIE SANITARY SUPPLY 2,644.54 AP - 00284213 6/17/2009 WAXIE SANITARY SUPPLY 20.62 AP - 00284213 6/17/2009 WAXIE SANITARY SUPPLY 802.70 AP - 002842 ] 3 6/17/2009 WAXIE SANITARY SUPPLY 88.45 AP - 00284213 6/17/2009 WAXIE SANITARY SUPPLY 53.72 AP - 00284213 6/17/2009 WAXIE SANITARY SUPPLY 2,025.16 AP - 00284213 6/17/2009 WAXIE SANITARY SUPPLY 154.26 AP - 00284213 6/17/2009 WAXIE SANITARY SUPPLY 23.28 AP - 00284213 6/17/2009 WAXIE SANITARY SUPPLY 599.71 AP - 00284213 6/17/2009 WAXIE SANITARY SUPPLY 10.77 AP - 00284214 6/17/2009 WEST END MATERIAL SUPPLY 13.05 AP - 00284214 6/17/2009 WEST END MATERIAL SUPPLY 18.15 AP - 00284215 6/17/2009 WEST PAYMENT CENTER 225.16 AP - 002842]6 6/17/2009 WEST SANITATION SERVICES INC 370.10 AP - 00284217 6/17/2009 WESTERN HIGHWAY PRODUCTS INC 531.73 AP - 00284218 6/17/2009 WESTERN UNIVERSITY 43.00 AP - 00284218 6/17/2009 WESTERN UNIVERSITY 35.00 AP - 00284218 6/17/2009 WESTERN UNIVERSITY 43.00 AP - 00284218 6/17/2009 WESTERN UNIVERSITY 43.00 AP - 00284218 6/17/2009 WESTERN UNIVERSITY 35.00 AP - 00284218 6/17/2009 WESTERN UNIVERSITY 35.00 AP - 00284218 6/17/2009 WESTERN UNIVERSITY 43.00 AP - 00284218 6/17/2009 WESTERN UNIVERSITY 43.00 AP - 00284218 6/17/2009 WESTERN UNIVERSITY 20.00 AP - 00284218 6/17/2009 WESTERN UNIVERSITY 20.00 AP - 00284219 6/17/2009 WHITE CAP CONSTRUCTION SUPPLY 42.73 AP - 00284220 6/17/2009 WILSON AND BELL 705.02 AP - 00284221 6/17/2009 YORK INDUSTRIES 522.00 AP - 00284222 6/17/2009 YOUNG, ANDREA 120.00 AP - 00284223 6/17/2009 ZEE MEDICAL INC 296?6 AP - 00284223 6/17/2009 ZEE MEDICAL INC 298.26 AP - 00284224 6/17/2009 ZOHO CORPORATION 1,999.00 Total for Check ID AP: 3,286,169.38 User: VLOPEZ -Veronica Lopez Page: 37 Current Date: 06/25/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 07:02:0 CITY OF RANCHO CUCAMONGA Agenda Check Register 6/10/2009 through 6/23/2009 Check No. Check Date Vendor Name Amount EP - 00000458 6/10/2009 MICHAEL, L. DENNIS 163.35 EP - 00000459 6/10/2009 SHELL ENERGY NORTH AMERICA 4,500.00 EP - 00000459 6/10/2009 SHELL ENERGY NORTH AMERICA 166,136.59 EP - 00000460 6/17/2009 FORTISTAR METHANE GROUP LLC 106,248.98 EP - 00000460 6/17/2009 FORTISTAR METHANE GROUP LLC 102,799.00 EP - 00000461 6/17/2009 SAN BERNARDINO CTY SHERIFFS DEPT 208.00 EP - 00000462 6/17/2009 VERNON, CITY OF 180,823.00 Total for Check ID EP: 560,878.92 -Total for Entity: 3,847,048.30 P86 User: VLOPEZ -Veronica Lopez Page: 38 Current Date: 06/25/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 07:02:0 P87 .- ~ ~ STAFF REPORT PUBLIC WORKS SERVICES DEPARTMENT RANCHO. Date: July 1, 2009 C,UCAMONGA To:. Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William Wittkopf, Public Works Services Director By: Ernest Ruiz, Streets, Storm Drains and Fleet Superintendent Greg Gunski, Fleet Maintenance and Warehouse Supervisor Keri Hinojos, Senior Buyer Subject: APPROVAL FOR THE PURCHASE OF ONE (1) FORD F550 GRAFFITI TRUCK FROM ROADLINE PRODUCTS INC., U.S.A., IN DOWNEY, CALIFORNIA, UTILIZING A PIGGY-BACK OPPORTUNITY THROUGH A COMPETITIVELY BID CONTRACT FROM THE CITY OF GARDEN GROVE, CONTRACT #S-1018, IN THE AMOUNT OF $80,257.42 TO BE FUNDED FROM ACCOUNT NUMBER 1712001-5604 (CAPITAL OUTLAY-VEHICLES) RECOMMENDATION It is recommended that the City Council authorize the purchase of one (1) Ford F-550 Graffiti truck from Roadline Products Inc., U.S.A., in Downey, California, utilizing apiggy-back opportunity through a competitively bid contract from the City of Garden Grove, Contract #S-1018, in the amount of $80,257.42 to be funded from account number 1712001-5604 (Capital Outlay-Vehicles). BACKGROUND ANALYSIS City Council approved the purchase of One (1) F-550 Graffiti truck in the adopted FY 09/10 budget as apart of the Vehicle and Equipment Replacement Fund and the purchase will have no impact on the General Fund. The City of Rancho Cucamonga is required by law to comply with the Air Quality Managemerit District ("AQMD") regulations which require the Public Works Services Department to retire and sell all diesel equipmenUvehicles that are above the 14,400 Gross Vehicle Weight Rating ("GVWR") by December 31, 2009. In an effort to expedite the process and meet the AQMD requirement, the Public Works Services Department provided a piggyback opportunity from the City of Garden Grove, Contract #S-1018, in the amount of $80,257.42 and which meet the specifications required by the Public Works Services Department, to the Purchasing Division for the graffiti truck. Purchasing reviewed the City of Garden Grove contract and it has been determined that utilizing said contract as a piggyback is the most advantageous, expedient method of procurement at this time and is considered to be in the City's best interest to approve an award to Roadline Products Inc., U.S.A., in Downey California for the purchase of one (1) Ford F-550 Graffiti truck. The budget line item description is: Replace SR #1633 w/Graffiti Truck Res c ully Su mitted, William Wittkopf Public Works Services Director WW:ER:gg P88 STAFF REPORT ADMI_NISTRATI~%E SERVICES DEPdRTil~fE~TT Date: July 1, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: John Gillison, Deputy City Manager/Administrative Services Director By: Keri Hinojos, Senior Buyer ;. r RANCHO C',UCAMONCA Subject: 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 ACCOUNT NUMBER 1712 001- 5604. RECOMMENDATION It is recommended that City Council authorize 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 account number 1712001-5604 (Vehicle and Equipment Replacement Fund). BACKGROUND ANALYSIS City Council approved the purchase of three (3) Hybrid SUVs in the adopted FY 09/10 budget as a part of the Vehicle and Equipment Replacement Fund.. In the midst. of the volatile car industry activity an opportunity presented itself to the City of Rancho Cucamonga to obtain three (3) Saturn Hybrid VUES from Saturn of Riverside. The three (3) vehicles meet the specifications of the Public Works Services Department and are being offered at the same bid price from a previous bid, process. The Saturn Hybrid VUE model is being discontinued and all manufacturing for the 2009 / 2010 models has been cancelled. The risk factor for vehicle repair is mitigated by the following factors; 1) Saturn Hybrid VUE replacement parts will be readily available through numerous General Motors dealers; and 2) The City's Public Works Fleet Division conducts all of its own vehicle maintenance in-house Therefore, in an effort to comply with the City's requirements to purchase Hybrid vehicles in lieu of standard vehicles it has been determined to be in the City's best interest to approve an award for the purchase of the three (3) standard Saturn Hybrid VUES to Saturn of Riverside. All related quote information is on file in the Purchasing Department. Budget Line Items: Replace SR #0590/1119 w/Hybrid SUV $31,038.45 Replace SR #0800 w/Hybrid SUV $31,038.45 Replace SR #0804 w/Hybrid SUV $31,038.45 e .u u ~mitted, John illi Deputy City Manager/Administrative Services Director STAFF REPORT ~~'~~.,, J;_Y ADMINISTRATIVE SERVICES DEPARTMENT - ' 4\ ~_. RANCHO Date: July 1, 2009 C,UCAMONOA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: John Gillison, Deputy City Manager/Administrative rvices Director By: Manuel Pilonieta, Information Services Manager Keri Hinojos, Acting Purchasing Manag~ Subject: APPROVAL TO AWARD AN EXTENSION OF AN ANNUAL MULTIFUNCTION 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 ACCOUNT 1712001-5300 (EQUIPMENTNEHICAL REPLACEMENT FUND - CONTRACT SERVICES), $7,000 FROM 1001701-5300 (POLICE DEPARTMENT - CONTRACT SERVICES), $1,000 FROM 3281501-5300 (FIRE PROTECTION DISTRICT - CONTRACT SERVICES), $500 FROM 2620801-5300 (REDEVELOPMENT AGENCY -CONTRACT SERVICES), AND $12,500 FROM THE FOLLOWING LIBRARY -CONTRACT SERVICES ACCOUNTS: $5,675 (ACCT. 1290601-5300), $1,200 (ACCT. 290606-5300), $5,425 (ACCT. 129607-5300), $200 (ACCT. 1298601-5300) RECOMMENDATION It is recommended that the City Council approve the award of an extension of an annual multifunction 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 account 1712001-5300 (Equipment/Vehicle Replacement Fund -Contract Services), $7,000 from 1001701-5300 (Police Department -Contract Services), $1,000 from 3281501-5300 (Fire Protection District -Contract Services), $500 from 2620801-5300 (Redevelopment Agency - Contract Services), and $12,500 from the following Library -Contract Services accounts: $5,675 (Acct. 1290601-5300), $1,200 (Acct. 290606-5300), $5,425 (Acct. 129607-5300), $200 (Acct. 1298601- 5300). BACKGROUND The Information Services Division (ISD) oversees the management of multifunction copiers for the City. The Purchasing Division issued a formal request for quote for multifunction copiers, including service and supplies in fiscal year 2006/2007. Council approved the award of a contract to Konica Minolta (the lowest, most responsive, responsible vendor) for service and supplies, along with a three year .lease contracts for the equipment. As we approach the end of the three year lease contracts, the City will exercise the option to purchase these multifunction copiers. P89 P90 APPROVAL TO AWARD AN EXTENSION OF ANNUAL 11ULTI-FUNCTION COPIER SERVICE AND SUPPLIES CONTRACT WITH KONICA DfINOLTA BUSINESS SOLUTIONS PAGE 2 Therefore, ISD and Purchasing recommend that utilizing the existing equipment and extending the service contract for one (1) additional year to be in the City's best interest for fiscal year 2009/2010. ISD in cooperation with Purchasing met with Konica Minolta and requested a contract extension under the same terms, conditions, and pricing. Both the City and Konica Minolta are in agreement to accept the current contract with no changes and, therefore, recommend approving the renewal of the existing service contract. STAFF REPORT ENGINEERING DEPARTMENT Date: July 1, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Willie Valbuena, Assistant Engineer RANCHO CUCAMONGA Subject: APPROVAL OF IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHT MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DRC2008-00587, LOCATED AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND VINEYARD AVENUE, SUBMITTED BY CRE 7, LLC RECOMMENDATION It is recommended that the City Council adopt the attached resolutions approving DRC2008-00587, accepting the subject improvement agreement, improvement securities and ordering the annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District Nos.1 and 6 for DRC2008-00587 and authorizing the Mayor to sign said agreement. .BACKGROUND/ANALYSIS DRC2008-00587, located at the northeast corner of Foothill Boulevard and Vineyard Avenue, in the Specialty Commercial District of the Foothill Boulevard Districts (Subarea 2), was approved by the Planning Commission on October 22, 2008. This project is for the addition of a 13,969 square foot commercial/grocery building and demolition of two non-historic commercial buildings of 13,828 square feet with additional site, landscaping and signage changes. The Developer, CRE 7, LLC, is submitting agreement and securities to guarantee the construction of the public street improvements in the following amounts: Faithful Performance Bond Labor and Material Bond $ 94,300.00 $ 94,300.00 Copies of the agreements and securities are available in the City Clerk's Office. The Consent and Waiver to Annexation forms signed by the Developer are on file in the City Clerk's Office. Respectt II submitted, Mark A. Steuer Director of Engineering Services/City Engineer P91 MAB:WV;akt P92 City of Rancho Cucamonga Engineering Division Vicinity Map N W ~' E S Item :1~/ P C 20 0 8- 00 5 8 7 Title: V/C/N/Tr MAP P93 RESOLUTION NO. O q- I.3 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DRC2008-00587 WHEREAS, DRC2008-00587, submitted by CRE 7, LLC and consisting of a subdivision of 11.06 acres of land into one parcel, located at the northeast corner of Foothill Boulevard and Vineyard Avenue, in the Specialty Commercial District of the Foothill Boulevard Districts (Subarea 2), was approved by the Planning Commission of the City of Rancho Cucamonga on October 22, 2008; and WHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient Improvement Securities, which are identified in said Improvement • Agreement. NOW, THEREFORE,' THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES as follows: 1. That said Improvement Agreement, be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto; and 2. That said Improvement Securities are accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney P94 RESOLUTION NO. O9-~.37 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 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No. 3B, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 6 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation resolutions, an assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the 1972 Act related to the annexation of territory to the Maintenance District, Article XIIID of the Constitution of the State of California ("Article XIIID") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the Maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the "Territory") be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and RESOLUTION NO. DRC2008-00587 - CRE7, LLC July 1, 2009 Page 2 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XIIID applicable to the authorization to the levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization of levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts-and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation of the Territory to the Maintenance Districts, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B. P95 SECTION 4: All future proceedings of the Maintenance Districts, including the levy of all assessments, shall be applicable to the Territory. P96 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: CRE 7, LLC The legal description of the Property is: CERTIFICATE OF COMPLIANCE NO. 668 FOR LOT MERGER PARCEL "A" PARCELS 1 THROUGH 4 INCLUSIVE OF PARCEL MAP NO. 12596 IN THE CITY OF RANCHO CUCAMONGA; COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 164 OF PARCEL MAPS, PAGES 73 THROUGH 75, INCLUSIVE OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. The above-described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. A-1 ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 3iB 0 ro a N] ~o STREET LIGHTING MAINTENANCE DISTRICT NOS. / AND F SAN BERNARDNO ROAD _~ S88'06~00"E 590.27' 0 N88'05'59"W 337.64' L9 V __ - 1 ~- I .., of zl I =_ j I rTInrlTllrlrm.~ I I EXISTING ~ J1111111 S-I 1111 11 ~f~b uNE BE = ITITITITITI~EI I I II i - P I I ICI ~ 3 ITITI ITITI~I I I i Il _ IIIIIiII~ illllllllldllll - ~ -P~R C E L~'~ = IIi~ 9 5 8 I _ _ ~ _ _1111 1. Ili I I I L6 ~'I ~0~ 1II I I -~- -~ ~ I-JI~I~ ~ ~ -_ ~ a ~° ~ _ - Q ~_ - ~ ~~~~\ ~9V I I ITl RIB )LISTING n ~~+I T LINE rWi f~E-1 r ~ ~ ~ ~ I -R MOVED ° L 1_ I o z II II~ITI I = ~ ~I~ITITI I oN Pq~Cp~, ~_111111111 VIII ~~~ °o~~JIIIIIIIIIIII~III~I IPRCF3 VIII r~ ~ -' EXI ING VIII L~ ~//// REMOVED 11.LL1 VIII PAF I /~IIIIIIIIIIIIiIII Illilllillll k~2 ~~ 589'47'43"E 379.02' -~ N89'47'43"W 590:00' FOOTHI BOULEVARD - STJeEEj L I GNT S_ . ~ EA. - s7~EET Tf_iEES _ .. ._ 26 EA. 1 L I NI 1 JI I - -~- - A P97 Item: d//~?C 2ooe- oos8~ Title: EXH/B/T A-Q P98 Exhibit B To Description of the District Improvements Fiscal Year 2008 / 2009 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAUINDUSTRIAL): Landscape Maintenance District No. 3B (LMD #36) represents landscape sites throughout the Commercial/Industrial Maintenance District. These sites are associated with areas within that district and as such any benefit derived from the landscape installation can be directly attributed to those parcels within that district. Because of this, assessments required for this district are charged to those parcels within that district. The various landscape sites that are maintained by this district consist of median islands, parkways, street trees, entry monuments, the landscaping within the Metrolink Station and 22.87 acres associated with the Adult Sports Park (not including the stadium, parking lots or the maintenance building). STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): Street Light Maintenance District. No. 1 (SLD #1) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district, being located on arterial streets, have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAUINDUSTRIAL): Street Light Maintenance District No. 6 (SLD #6) is used to fund the maintenance and/or installation of street lights and traffic signals located on commercial and' industrial streets throughout the City but excluding those areas already in a local maintenance district. Generally, this area encompasses the industrial area of the City south of Foothill Boulevard. It has been determined that the facilities in this district benefit the properties within this area of the City. The sites maintained by the district consist of street lights on ihdustrial or commercial streets and traffic signals (or a portion thereof) on industrial or commercial streets generally south of Foothill Boulevard. B-1 P99 Proposed additions to Work Program (Fiscal Year 2008 (2009) For Project: DRC2008-00587 N Street Lights 5800E 9500E 16,OC SLD # 1 --- --- 4, E SLD # 6 --- --- --- 27,500E 4 Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA LMD # 36 --- --- --- 25 'Existing items installed with original project Assessment Units by District Parcel Acres S 1 S 6 L 3B 1 9.5 1 9.0 9.5 9.5 B-1 Exhibit C Proposed Annual Assessment Fiscal Year 2008 / 2009 LANDSCAPE MAINTENANCE DISTRICT NO. 36 (COMMERCIAUINDUSTRIAL): The rate per assessment unit (A.U.) is $352.80 for the fiscal year 2008/09. The following table summarizes the assessment , rate for Landscape Maintenance District . No. 3B (Commercial/Industrial): P100 # of # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Comm/Ind Acre 2,775.62 1.0 2,775.62 $352.80 $979,238.73 The Proposed Annual Assessment against the Property (DRC2008-00587) is: 9.50 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. _ $3,351.60 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (Arterial Streets): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2008/09. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets): # of # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Single Family Parcel 23,640 1.00 23,640 $17.77 $420,082.80 Multi-Family Unit 11,154 1.00 11,154 $17.77 $198,206.58 Commercial Acre 2985.85 2.00 5971.70 $17.77 $106,117.10 TOTAL $724,406.48 The Proposed Annual Assessment against the Property (DRC2008-00587) is: 9.50 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. _ $337.63 Annual Assessment C-1 STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL): The rate per assessment unit (A.U.) is $51.40 for the Fiscal Year 2008/09. The following table summarizes the assessment rate for Street Light Maintenance District No. 6 (Commercial/Industrial): P101 # of # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Comm/Ind Acre 2596.71 1.00 2596.71 $51.40 $133,470.89 The Proposed Annual Assessment against the Property (DRC2008-00587) is: 9.50 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. _ $488.30 Annual Assessment C-2 P102 CERTIFICATE OF SUFFICIENCY CONSENT AND WAIVER TO ANNEXATION FOR DRC2008-00587 LANDSCAPE MAINTENANCE DISTRICT NO. 3B, STREET LIGHTING MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT N0. 6 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF RANCHO CUCAMONGA MARK A. STEUER, the undersigned, hereby certifies as follows: That I am the CITY ENGINEER of the CITY OF RANCHO CUCAMONGA, CALIFORNIA. That on the 1st day of July 2009, I reviewed a Consent and Waiver to Annexation pertaining to the annexation of certain property to the Maintenance District, a copy of which is on file in the Office of the City Clerk. That I caused said Consent and Waiver to Annexation to be examined and my examination revealed that said Consent and Waiver to Annexation has been signed by the owners of all of the property within the territory proposed to be annexed to the Maintenance District. That said Consent and Waiver to Annexation meets the requirements of Section 22608.1 of the Streets and Highways Code of the State of California. EXECUTED this 1st day of July 2009, at Rancho Cucamonga, California. _~ euer, Director of Engineering Services/City Engineer CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA STAFF REPORT ADD-IINISTR~ITIVE SERVICES DEP ~RTDIENT Date: July 1, 2009 P103 RANCHO CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: John R. Gillison, Deputy City Manager/Administrative Servi Subject: APPROVAL OF ANNUAL REVIEW AND AMENDMENT T DIC AVINGS AGREEMENT 06-247 RECOMMENDATION Approve the annual review and amendment to Medical Savings Agreement 06-247 for FY 2009-10 between the Rancho Cucamonga Executive Management Group and the City of Rancho Cucamonga. BACKGROUND As provided for in the 2009-10 Memorandum of Understanding, the Rancho Cucamonga Executive Management Group has entered into a Medical Savings Agreement, otherwise known as a Post Employment Health Plan, that allows members of the group to contribute the cash value of their accumulated eligible leave time to the Retiree Health Savings Account, upon separation from the City. In May of every fiscal year, the members of the Executive Management Group review the provisions of the Retiree Health Savings Account and notify the City of any changes that are desired in the contribution values of their collective accounts on or before July 1 of the following fiscal year. The Retiree Health Savings Account is administered for the participants by Nationwide Retirement Solutions and all costs related to the ongoing administration thereof are borne by plan participants, based on the fees and charges established by Nationwide Retirement Solutions, and not the City. CONCLUSION Approve the annual review and amendment to Medical Savings Agreement 06-247 for FY 2009-10 between the Rancho Cucamonga Executive Management Group and the City of Rancho Cucamonga. Attachment: FY 2009-10 Post Employment Health Plan Agreement for Executive Management P104 AGREEMENT BETWEEN REPRESENTATIVES OF THE RANCHO CUCAMONGA EXECUTIVE MANAGEMENT GROUP AND THE CITY OF RANCHO CUCAMONGA The purpose of this Agreement between representatives of the City of Rancho Cucamonga ("City") and the Rancho Cucamonga Executive Management Group ("Executive Management"), is to constitute a binding agreement between the City and Executive Management documenting the implementation provisions for a Retiree Health Savings Account, also known as a Post Employment Health Plan, as provided for in the July 1, 2009 -June 30, 2010 Memorandum of Understanding between the City and Executive Management. Retiree Health Savinus Account Upon separation from the City, the members of each employee group of the Executive Management Group have agreed to implement a Retiree Health Savings Account as follows: A. Pre-1994 Emglovees 1. All Executive Management employees hired prior to 1994, in the priorities listed below, will: contribute the cash value of $45,000 of accumulated vacation and eligible sick leave time which will be deposited into the Universal Reimbursement Sub-account of the Retiree Health Savings Account. It is understood that the funds contributed are available to reimburse for any qualified health care expenses. .receive the cash value of up to $10,000 of accumulated vacation and eligible sick leave time contribute one hundred percent (100%) of the cash value of any remaining accumulated vacation and eligible sick leave time which will be deposited into an Insurance Premium Reimbursement Sub-account of the Retiree Health Savings Account. It is understood that the funds contributed are limited to paying for qualified medical premiums. 2. Pre-1994 Employees will review the provisions of the Retiree Health Savings Account on a yearly basis, in June of every fiscal year, and notify the,City of any changes that are desired in the contribution values of their collective accounts on or before July 1 of the following fiscal year. Any changes must be approved by a simple majority of the Pre-1994 participants, prior 'to implementation. 3. The Retiree Health Savings Account will be administered for the participants by Nationwide Retirement Solutions and all costs related to the ongoing administration thereof will be borne by plan participants, based on the fees and charges established by Nationwide Retirement Solutions, which may change from time to time, and not the City. B. Post-1994 Emglovees All Executive Management employees hired subsequent to 1994 will contribute one hundred percent (100%) of the cash value of their accumulated vacation P105 and eligible sick leave time to the Insurance Premium Reimbursement Sub- account of the Retiree Health Savings Account. It is understood that the funds contributed are limited to paying for qualified medical premiums. 2. Post-1994 Employees will review the provisions of the Retiree Health Savings Account on a yearly basis, in June of every fiscal year, and notify the City of any changes that are desired in the contribution values of their collective accounts on or before July 1 of the following fiscal year. Any changes must be approved by a simple majority of the Post-1994 participants, prior to implementation. 3. The Retiree Health Savings Account will be administered for the participants by Nationwide Retirement Solutions and all costs related to the ongoing administration thereof will be borne by plan participants, based on the fees and charges established by Nationwide Retirement Solutions, which may change from time to time, and not the City. C. Fire Chief The Fire Chief will contribute in the priorities listed below: contribute the cash value of $60,000 of accumulated vacation, administrative, holiday and sick leave time which will be deposited into the Universal Reimbursement Sub-account of the Retiree Health Savings Account. It is understood that the funds contributed are available to reimburse for any qualified health care expenses. • contribute one hundred percent (100%) of the cash value of any remaining accumulated vacation and sick leave time which will be deposited into an Insurance Premium Reimbursement Sub-account of the Retiree Health Savings Account. It is understood that the funds contributed are limited to paying for qualified medical premiums. 2. The Fire Chief will review the provisions of the Retiree Health Savings Account on a yearly basis, in June of every fiscal year, and notify the City of any changes that are desired in the contribution value of his/her account on or before July 1 of the following fiscal year. 3. The Retiree Health Savings Account will be administered for the participants by Nationwide. Retirement Solutions and all costs related to the ongoing administration thereof will be borne by plan participants, based on the fees and charges established by Nationwide Retirement Solutions, which may change from time to time, and not the City. 2. Implementation Date of Agreement The above Agreement shall be effective as of July 1, 2009. P106 IT IS AGREED: EXECUTIVE MANAGEMENT PRE-1994 Date Linda Daniels Redevelopment Agency Director EXECUTIVE MANAGEMENT FIRE CHIEF Date Peter M. Bryan Fire Chief APPROVED AS TO FORM Date James Markman City Attorney EXECUTIVE MANAGEMENT POST-1994 Date Tamara Layne Finance Director CITY OF RANCHO CUCAMONGA Date Jack Lam City Manager ATTEST Date Jan Reynolds City Clerk P107 STAFF REPORT ENGINEERING SERVICES DEPARTMENT RANCxo Date: July 1, 2009 cUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Romeo M. David, Associate Engineer ~~ Shelley Hayes, Assistant Engineer Subject: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $281,154:75, TO THE APPARENT LOW BIDDER, AMERICAN ASPHALT SOUTH, INC., AND 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 TO BE FUNDED FROM PROPOSITION 42 TRAFFIC RELIEF FUNDS, ACCOUNT NO. 11903035650/ 1022190-0 RECOMMENDATION It is recommended that the City Council accept the bids received and award and authorize the execution of the contract in the amount of $281,154.75, to the apparent low bidder, American Asphalt South, Inc., and 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 to be funded from Prop 16 Funds, Account No. 119030356 50/ 1022190-0. BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on June 9, 2009, for the subject project. The Engineer's estimate for the base bid was $374,886.60. Staff has reviewed all bids received and found them to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds the apparent low bidder meets the requirements of the bid documents. The scope of work consists of crack sealing, slurry sealing, seal coating, protection and/or adjustment of valve covers, protection of existing survey monuments, and manholes, re-striping and pavement markings. The contract documents call for fifty (50) working days to complete this construction. Respectfully submitted, ar euer , Director of Engineering Services/City Engineer MAS/RMD/SH:Is Attachments r~ P108 r~ ~_ ~ t ~ !~ ~ ~ ~ . ~+ IdDDEN i'ARM . ~ ~ ~ oot ~aa .~ a lANYA11 ST. ~q e ~ AK ~~ •~ I~ ~ I~ 1~ AVE 19th ST~~ .- s IOtTE .KSTA IT. ~ ST. URLANI) . ~ ~ III f g~ a 3 4~ R c + ~ `® ti 9Sh IT. ~ ~ ~~ I I ~I 11 STRS~'TS. FO `URRY S pars FOR s~ coaT J ~~- Y DEVW ST -ERDI R ~.~ .- ~ PARK W S P R ' iAIE LGE ROAD . ~ ~n ~i ! I r- ~ ) yFyFS~ y 4tl1 STREET ~~ ONTARIO ~-EO rRttvAr ~~ t~ DV AM[ ti EY BLVn A T L I F R R P.4RK~: Pf -HE'RJTi1Gd PARK PY-IrdST BdIiYL PdRK P9 iEAST BdRYL PARK P4-RCDSILL COHMIXITY PS-CHURCX PARK ~, ~ P6=Ri6LPlf LS'lIIS PARK P7-OLD TOIIJJ PARK I CITY OF RANCHO CUCAMONGA _. ; r ~, `'i. ~--~ 2009-2010 PAVEMENT REHABILITATION-(SLURRY SEAL} .AND ., '~-~ PARHING LOT RESURFACING (SEAL COAT} VICINITY MAP N.T.S. ~ n ~ n a o o f ~' z ~ p ~o U~1 0 O o ~ O V m a ~ ~ ~ is b y z ~' 6 - - ~ 'a W m rn °o N ~ m ~ ~ °o O 7 U ~ a ~ ~ 8 W W E" ~ chi ~ rn o °o ~ ~ N !W`f o ~ - N y3 rn fR (9 M ~rNj y. N a V O O O ~ N N O ~ .H. N ~ ~ vo0i ra.~ 7 U D ~ v'~i ° o n W p F E' Z ° m of M °o o upi w p ~ 0Oj ri ~ o ~ n ~ ,~ C1 3 w a i `" ~. W U O P v O K ~ ~ W W ~., F i y .. ea .. e+ O o Q ~ , O ~ .N. N a O o O e W C [.. q p C ~ N M O O ~ ~ ~ O ~ ~ O 7 '~ OJ N t!J V3 M fR M N fR W W O O ~ p. F Z N In ~ N ~ ~ O C7 p U .y .r W O ¢ ~ = w z W Z (/J O j z ~ ~ Q w 's] ~y "~ Q J~QJ~~fn V7 (n d'F.. ZO W ~7 `~ U -~,. W Z ;.. W C7 uWizcnF~~~z OOpFZ~W ~ U~" '~ d z W R: ~• Y-1m Q~~ ~'vOX~~ ¢U VOOQ~ OZ ~~~w F-' ~ O ~ Q F zQ ~ Cw~a w J~ JQ Z Y-aYQ> w a J~ J ' . 4 4 O F A U~ ~ W V p~ Z a~w W ^(~ ~~p?~az Q Z ~ Ui Z O ~ ~ .] Q o N~Q~z~~?w aOf'wcnt-¢ ra .a^WV ce Q ..? ~ O ~ ~~UVWw¢> ~a zw~ ~~a~nc7wU o~ Y? ? 0 ~ ~ "~ ~ w: Q ~ J O W ~ ~ % Zjwo mQ~ a~ ¢~?>~ = O a y ~ "~ y ~ a ~~~a~aa¢ ~Uwau~i c 7w ~ e+ G ~ ~ d J N iii~~~ ~ Z .~. (n (/7 WW ~ N ~ ~ a m M M ~ _ " w O N M x P109 P110 STAFF REPORT- CONIMUNITY $ERVICES DEPARTMENT Date: July 1, 2009 RANCHO To: Mayor and Members of the City Council C,UCAMONGA 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. Since the Epicenter opened in Rancho Cucamonga and the Quakes began playing in the stadium, Henry E. Stickney has been the majority owner of the team. In March, 2009 the 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. 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 P111 REQUEST FORAPPROVAL OFASSIGNMENT/ASSUMPTION OF LEASE BETIY~EEN CITYAIVD VALLEY PAGE2 BASEBALL CLUB INC. H. STICKNEY, R. BRETT AND TRANSFER OF,QUAKES BASEBALL TEAM ~uLY 1, 2009 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 N1cArdle~ Community Services Director Attachments: #1 -Assignment and Assumption of Lease and Consent to Lease Agreement #2 - Information regarding Brett Sports and Entertainment, Inc ATTACHMENTP~72 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, California 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 upon the assignment of the Lease pursuant to this agreement. 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: RV BUSH-]HOSKING\734028.3 P113 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 Guazantor 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. 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 occurring 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 existing or occurring after the Effective Date. 7. This Assignment 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. 8. This Assignment shall be construed under the laws of the State of California without regard to conflicts of law provisions. 9. This Agreement may be modified only in writing, signed by Assignor, Assignee, Guarantor and Landlord or their respective successors or assigns. 10. This Assignment shall be binding upon and inure to the benefit of Assignor, Assignee, Guarantor and Landlord and their respective successors and assigns. RVBUSVNHOSKINGV34028.3 2 P`114 11. 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. 12. This Assignment maybe recorded or a memorandum of this Assignment maybe recorded at the request of any party hereto. [SIGNATURE PAGE TO FOLLOW) RV BUSU-1HOSKING\734028.3 P115 IN WITNESS WHEREOF, Assignor, Assignee, 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 R v: Donald J. Kurth, Mayor RVBUSU4HOSKINGV34028.3 4 P116 EXHIBIT A Lease - - _ co 9a-oar ~ AMENDED AND RESTATED LEASE BETWEEN CITY OF .RANCHO CUCAMONGA ~lALLEY BASEBALL CLUB, INC. . P118 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 10. 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 '' 15. Indemnification and Hold Harmless ........................... ...........13 16. Liability Insurance Coverage ...................................... ...........13 17. Workers' Compensation Insurance Coverage ............. :.......... l5 18. Evidence of Covenge ................................................. ...........16 19. City Not a Bailee ...................................................:..... ...........17 20. Possessory Interest Tax ............................................... ...........17 21. Compliance with Orders, 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 and Repair .............................................. ...........20 27. Alterations ................................................................... ...........22 28. Construction Bond Requrrements ............................... ...........22 29. Destruction .................................................................. ...........22 30. Alcoholic Beverages ................................................... ...........23 31. Utilities .............:.......................................................... ...........23 32. Scoreboazd .................................................................. ...........23 33. Name of Team ............................................................. ...........24 34. Ciry Luxury Box, Preferred Parking 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. Intentionall Omitted .................. ( Y ~ ............................. ...........30 38. Personal Guarantee ..................................................... ...........30 - ~ P119 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 Parry 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" - Form 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 ,~ AMENDED AND RESTATED LEASE THIS AMENDED AND RESTATED LEASE is executed at Rancho Cucamonga, California, this ~ day of LL , 1999, by and between the CITY OF RANCHO CUCAMONGA (her ' after "City") and VALLEY BASEBALL CLUB, INC., a California corporation (hereinafter "Tenant"). A. Recitals. (i) City constructed a baseball field, stadium and ancillary pazking facilities which comply with major league baseball requirements for use by a Class A baseball team ("the Stadium" hereinafter). (ii) Tenant owns a ~artchise 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, 1992 regarding the use of the Stadium, being a portion of a public recreation azea (sports complex) owned by the City of Rancho Cucamonga for the purpose of conducting and carrying on a Class A professional baseball franchise 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. Premises. 1_Ol City, for and in consideration 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. -P120 -- P121 2. Lease Granted. 2.01 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 term hereof commenced on October 1, 1992 and shall terminate on September 30, 2012, unless eazlier 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 subparagraph 11 below, the following: 4.01 Minimum annual rent as follows: (i) The amount of $60,000 for each of calendar years 1999 through 2002, inclusive; (ii) The amount of $70,000 for each of calendaz years 2003 through 2007, inclusive; and (iii) The aznount of $80,000 for each of calendaz years 2008 through 2012, inclusive. The minimum annual rent shall be paid in Eve equal installments. An installment shall be due on the first day of April, May, June, July and August of each caleadaz year during the tetra hereof Each payment shall be made at the offices of City's City Manager at 10500 Civic Center 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": P122 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 ~~FC~~~o~~o Stadium, including, but not limited to, ticket sales, concessions (including revenues_ derived from the sale of alcoholic beverages), baseball pazaphemalia, batting cage revenues, pazking fees, luxury box revenues, sign (advertising) revenues, excluding revenues derived from scoreboazd use, media revenues, and program sales. However, "gross revenues" do not include tndeouts. 4.05 Additional rent shall be payable from Tenant to Ciry 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 $ I million. Each payment of additional rent shall be made at the offices of City's City Manager at 10500 Civic Center IJrive, Rancho Cucamonga, California. Each payment shall be made without withhold, abatement, setoff or deduction, except as specifically provided in this Lease. 4.06 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 hours, audit the books and records of Tenant to determine the accuracy of the statement of Gross Revenues and -- - P123 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. It 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. Ciry and Tenant agree that the cosu 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. Ciry 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 [he 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 requtred 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 I~rovement 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 any other payments due from Tenant to City pursuant to this Amended Lease, 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, [he 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 P124 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 year 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 Piayoff 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 8 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 calendaz yeaz be less than Twenty Thousand 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 sum of Twenty Thousand 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 senteaces 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 8 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. - - P125 4.09 Additional Space Rent. The parties acknowledge that Tenant has utilized and continues to utilize additional space consisting of one 157 square foot room on the third floor of the Stadium and one room on the concourse level of the Stadium 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 bear 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 far [he San Bernardino/ Riverside area. 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 C'hazees on Past Due Pa~rttents. 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 of the unpaid rent. 4.11 Remittance Re~rt. All rent and other remittances paid hereunder by Tenant shall be tendered together with a form substantially similar 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. Oualitv of Operations of Tenant 5.01 In its Class A baseball operations at the Stadium hereunder Tenant shall use its best efforts to maintain the highest degree and standards of quality of _ P126-~ products and courteous, polite and inoffensive conduct. and demeanor on the part 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. X02 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 ('onduct and demeanor of emplovees. ¢uests. 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 evacuation in the event of an emergency. 6. Nondiscrimination by Tenant. 6.01 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. _ P127-- 7. Tenant's RiPhts and Status. 7.01 Tenant, its agents, contractors, and employees shall be at all times independent contractors and shall not be considered agents or employees of City. 8. Ass~ment 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 Concessions, Licenses, Contracts. 9.01 The provisions of Pazagraph 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 or 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. Advertising. 10_01 Tenant shall have the right to sell, display and maintain advertising on the inside of the Stadium, including, but not limited to, the inside of the outfield fence of the Stadium, scoreboard and concession areas. The advertising of alcoholic beverages shall be permitted under this Lease. Tenant shall submit to City's City Manager, or his designee, proposed copy for advertising. City shall have ten (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 (10) day period, then the advertising shall be deemed approved by City. 11. Access to the Stadium. 11.01 Tenant shall have full and unimpaired access to the Stadium, other than third floor City office areas and other space used solely by City (e.g., r ~.-.... ~ cvn ...:or, c.cnanmoo _ _._ P128 janitorial storage areas) at all times between April (and September 30 of each calendar year during the term hereof. l 1.02 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 Califomia 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. Ciry 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 or championship games of Tenant. It is the intent of the parties that, to accommodate the Season, Tenant shall have priority for practice, regular season games, play-off and championship games. 11_03 During the term hereof, Tenant shall have the right 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 squaze feet) (the "Team Office Space'. Unless the context othery~ise requires, various provisions herein which apply to the Stadium shall also apply to the Team Office Space. 11_04 It is uridetstood 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 following conditions: ..-. _-... r-----_ . - --. P129 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 contact 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 first obtaining its approval in writing. Upon completion of the remodeling, Tenant shall famish 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 jurisdiction over the same. The approval above referred to shall not constitute representations or warranties as to such conformity, but responsibility therefor shall at all times remain in Tenant. Tenant, at its sole cost and expense, shall procure, in connection with any contract that it awazds or lets, all building, fire, safety and other pemvts 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 interior designing and decor, that the contractor doing, performing or famishing the same shall comply with all applicable statutes, ordinances, codes, rules and regulations. P130 1 1.04.3 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 charges 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 fiom such work and installation, and shall be free and cleaz of liens for labor and material and Tenant shall indemnify, defend and hold City, Team Office Space and the Stadium hatntless from any liability in respect thereof. Tenant shall discharge any and all 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 all interior decoration and finishing erected or installed by Tenant upon said space, title thereto shall vest in City. 11.04.5 City and its authorized representatives shall have the right to enter the Stadium and Team Office Space at all reasonable times for any of the following purposes: 11.04.5. To determine whether the premises aze in good condition and whether 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 firrther 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. C'P('~V>I f FVA>',VPfi F>CFlNip;W 1 1 P131 1. 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. Trnant 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) hours 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 parking lot described in Exhibit "A" hereto ("the preferred pazlcing area" hereinafter) a sum not to exceed Four Dollars ($4.00) per vehicle. Revenues derived from preferred pazlting azea,chazges shall be included in the definition of gross revenues set forth in section 4.04 hereof. Tenant also may chazge other persons for use of other azeas of the Stadium parking lot in accordance with the provisions of Resolutions passed and or amended from time to time by City's Council. Revrnues derived therefrom, after deducting only those costs directly associated with charged parting 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 pazlcing 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 charges. The cost of the pazking passes for City :` Rl' VALLEYBA'~,VBCLEASE~6'70i99 1 ~ P132 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 Hold Harmless. Each party shall and hereby agrees to defend, indemnify, save and hold harmless the other parry, 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 particulaz party, that party'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 far injury or damage to persons or property about or within the Stadium while the applicable party or its agents, employees, contractors or invitees aze 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 Coverage. 16_01 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 an aggregate minimum limitation liability of Five Million Dollars ($5,000,000) and including the following coverages: (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', RC1 V AL C E YB A~ V aQE~ S E~6/ 30/99 13 P133 (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. (f) 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 ($1,000,000). (g) Open Air Pazking (for which a chazge is made). (h) 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 insurance 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: SRpVALLEYBA~VBCLEAS E~N30i99 l 4 16. 2.1 That City, its officers, agenu, employees, contractors and invitees aze additional insured as respecu 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 limiu 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 policy and or certificates as aze herein specified. 17. Workers' Compensation Insurance Coveraee. 17_01 Tenant, at 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 Califomia, and including not less than Five Hundred Thousand Dollars ($500,000) Employer's Liability, applicable to employees, agents, and volunteers of Tenant or assignees. P134 P135 17_02 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 Coverage. 18.01 Except as otherwise provided herein, each policy obtained by Tenant to comply with the provisions of this Amended Lease must have an effective date no later than the commencing date of this Amended Lease and the named insured on each policy must be identical to Tenant herein. Tenant agrees to fwnish evidence, acceptable to City, that the insurance requirements of this Lease have been fulfilled. Such evidence is to be placed on file by the Tenant with City's Director of Administrative Services. 18_02 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 requirements have been fulfilled has been received by the said Director. Each policy, binder or certificate of insurance is subject to the approval of City's Director of Administrative Services as to content, form and issuing company. Should any of the instrance requirements set forth in this Amended Lease not be fulfilled by Tenant in a manner acceptable to said Director as provided in this Lease, said Duector 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 to be paid by Tenant to Ciry 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 as, but not limited to, coverage, limits of liability, date coverage ~' a^ V 41 I FvAn•.b'ACLEASE'~hl30/99 1 F. :. , _. P136. . 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 piusuant to Califontia 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 sad Laws. Tenant shall fully comply with all Federal, State and local laws, statutes and ordinances. 22. Discharge of Claims, Liens, Taxes. Tenant shall dischazge or provide for the dischazge of all claims which it has authorized or inctured 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 chazges lawfully levied or assessed upon or in respect of the Stadittm or any part thereof or upon any of the revenues therefrom. Tenant agrees to keep and shall keep the Staditun and Team Office Space free and cleaz of any mechanic's or matenalmen'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, labor performed, or materials fiunished. ` Tenant shall pay all taxes (real, personal or whatever other character) that maybe levied or charged upon the rights of Tenant to occupy the Stadium, the luxury boxes and/or the .... ~..~. ~..... ~.nr-r ~.t~~.[..n.M ~ . - P137 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 purported to register the phrase "the Epicenter" under federal statutes. In that regazd, City shall have the right, title and license to use the phrase "the Epicenter" in reference to the Stadium in any and all ways and contexts whatsoever without charge or interference by Tenant. 24. Staffin and Concessions. Tenant shall provide all event personnel, including, without limitation, ticket sellers, ticket takers, ushers, clubhouse matrons, clubhouse janitors, medical persons, switchboard, 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 minimum 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 softball fields adjacent to the Stadium aze simultaneously operating, provided that no alcoholic 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 Ciry shall provide security for the Stadium during the following time periods: ,_; ~ A. From the completion of any event conducted at the Stadium until dawrt of the following day; -. _....... -__ ---• --- ---~--~-~---- ..__. _ . _-~..__.- _ ___--P138 . _. B. 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 Ciry the following total sums in five (5) equal iristallments, 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 - $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 in Exhibit "E" hereto. It is anticipated that four (4) police officers shall be required for forty-seven (47) weekday games, five (5) police officers for twenty-three (23) weekend games and seven (7) police 1...._ _ =-~ - - officers for the July 4 game. 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 the cost of providing such additional officers within thirty (30) days of City providing to Tenant a statement reflecting such additional costs. 26. Maintenance aad Repair. 26_01 Except as specifically provided in subpazagraph 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, aze 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 repau shall be at a level which meets the Major League Baseball standazds for Class A facilities and any changes which m~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 sprinkler and/or standpipe and hose or other automatic fire extinguishing system,. 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 pazkways located in, on, about, or adjacent to the Premises. 26_02 City's routine maintenance shall include maintenance of lighting, cleaning of the pazking lot, grandstand and bleachers, cleaning public restrooms, landscape maintenance, including playing field maintenance and repairs required for operation of the Stadium such as repair of asphalt surface, irrigation system repairs, ~- P140 plumbing repairs, electrical repairs and painting for cosmetic purposes. In addition, immediately following each game, City 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 following maintenance activities: 26.04.1 irmediately 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 azeas. 26.04.2 Tenant shall maintain in operable condition and clean all equipment related to the operation of concessions in the Stadium. 26.04.3 Tenant shall maintain, clean and repair the Team Office Space and the ticket booth. 26.04:4 Tenant 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. 26.04.5 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. -- __ ._... _... -.__,~,~..- P141- 27. AlteraHoos. 27.01 Except as otherwise specifically provided herein, Tenant shall not make any structural or nonstructural alterations to the Stadium without first obtaining the City's written consent. 28. Construction Boud Requii-ements. 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 of his designee and the City Attorney. 29. Destruction. 29_01 If, during the term of this Amended Lease, the Stadittm 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) working 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. 29.02 If the restoration cannot be made in the time stated above in subparagraph 29.01, then within fifteen (15) days after the parties determine that the restoration cannot be made in said time, Tenant may terminate this Amended Lease immediately by giving notice to City. If Tenant fails to terminate this Lease, City, at its election, may either termnate this Lease, or restore the facility within a reasonable time, and this Lease shall continue in 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. ..~. _ _ . _ . - - - -- - ---- -P142 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 100 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_OI 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 Left Field Scoreboard. 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 Fairiron, Inc. obtained a Fairplay Baseball Scoreboazd, Model #A238 (the "scoreboard's at the expense of Tenant and Fairtron, Inc. which has been installed at the Stadium. Subject to the provisions of paragraph 32.02 below, Tenant shall control, operate and maintain (other than paying electrical costs) the scoreboard during the term of this Amended Lease. At the conclusion of the term hereof, title to the scoreboazd shall vest in City. 32.02 Tenant shall cause the message tearer on the scoreboard 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. - _ ~_ - _ . _.~.._._--- - P143 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 regazd 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 charges and invoice Tenant for reimbursement thereof. All such reimbursement payments shall be due and payable from Tenant to City within fifteen (15) days from the date of invoice. At the conclusion of the term of this Amended Lease, title to the Left Field Scoreboazd shall vest in City. 33. lYame 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 Parking 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 preferred pazking 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 t~ecognize achievements by community organizations, businesses, and/or citizens, to promote interest in the City of Rancho Cucamonga. The tickets shall be evenly distributed amongst the games played in each season, but they aze not required to include game dates such as opening day, closing day, Fourth of July, 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. _, ._._ ...,-,,.,.«.-,_,, -_ - _., ._-I_-.. _. ~....zy.------ P144 34.03 Tenant's Class A baseball team wilChost at the Stadium, at Tenant's cost, up to a total of five (5) events for City, school districts located within City, and youth sports groups operating within City during each calcndaz year during 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 adjacent 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 Citv'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. 5. 1.2 The happening of any act which results in the suspension or revocation of the rights, powers, licenses, permits and authorization, including, without limitation, Tenant's franchise from the California League, necessary for the conduct of Tenant 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 `i or revolve upon, any other person, firm or corporation, except as specifically permitted hereunder. .. ------- ____ _ P145. 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. 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 of under any other law or statute of the United States, or of any state law, or consent to the appointment of a receiver, trustee, or liquidator, and such act prevents Tenant from conducting games at the Stadium for a period of thirty (30} days or more. 53 Ol •7 By order or decree of a court, Tenant shall be adjudged bartlQUpt, or an order shall be made approving a petition filed by any of the creditors seeking its reorganization or the readjustment of its indebtedness under the federal bankruptcy laws, or under any law or statute of the United States, or any 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 __ -' --P146 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 havingjurisdiction, areceiver, 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. 35.01.10 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, desert, vacate or discontinue its operation herein authorized. 35.01.12 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 appropriate. 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 performed, kept or observed by Tenant shall be deemed a waiver of any right on the part of City to terminate this Amended Lease on account of such default. 35_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, _ ~ . -- . _ .. _ - P147 - 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 declaze the term hereof ended as to the Stadium and Team office Space based hereunder and to re-enter such Staditun 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 thereaRer, prepazed by Tenant's accountants, it shall be the right of City's representatives and accountants to inspect all books of accounts 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 [he 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 Staditun 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, of City to declaze the term hereof ended, to specify the termination date, and on said termination date to re-enter the Stadium and remove all persons connected with Tenant therefrom and Tenant shall have no further claim thereon or hereunder. 35.04.3 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 -- ~. .. - - _ ~ P148 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. 53 04.5 [f Ciry claims that a default by Tenant has occurred hereunder- which is not an "event of default" enumerated in Section 35.01 hereof, the provisions of paragraph 39 hereof shall apply. 36. Eveuts of Default by City and Tenant's Remedies. 36_01 The following events aze hereinafter referred to as "events of default by Cit}~': 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 maybe required to cure the particulaz default within ten (10) days after such notice 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, covenants and conditions. 36.01. 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 Stadium or Team Oflce 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 rights and remedies of Tenant hereunder and/or by law provided, it shall be the right of Tenant to declaze the terns 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, -- --.____.. P149 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 rights or remedies which Tenant may have under the laws then in force. 37. [Intentionally Omitted.[ 38. Personal Guarantee. 38.01 This Amended Lease is contingent upon and shall not be deemed effective until Tenant has supplied the personal guarantee of Mr. Henry E. Stickney securing the discharge 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 azbitrated as follows: 39_01 If at any time during 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 shall be referred to arbitration in the City of Rancho Cucamonga, County of San Bernazdino, State of California, to a Panel determined as follows: 39.01.1 Each party shall, within ten (10) days aRer either party's election to arbitrate, appoint one disinterested individual and the persons so appointed shall, if they aze unable to arrive ai a decision within five (5) days, appoint a third azbitrator. If either party neglects or refuses to appoint an arbitrator, then the single azbitrator shall resolve the dispute. 39.01.2. The Panel shall then determine the matter in dispute by a determination arrived at by a majority of the arbitrators or by both C~,o('.V e~i GVAe\VR('1 F>CF'~6;90iW 7(1 P150 .._ arbitrators, 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 chazges 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 azbitration in the State of California. 39.01.5 Judgment on any arbitration awazd may be entered into a court of competent jurisdiction. 39.01.6 The issues that aze subject to arbitration should, if at all possible, be decided by the arbitration determining a remedy, other than termination of this lease. 4U. jIntentionally Omitted.] 41. Attorneys' Fees/LeEal 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 from 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. Severability. The invalidity of any provision of this Amended Lease, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. 43. CaoHons. Paragraph headings in this Amended Lease aze used solely for convenience and shall be wholly disregazded in the constmction 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. .. ._ _ P151 45. otic . 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 parry 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. c/o Henry E. Sticlmey 8408 Rochester Avenue P.O. Box 4139 Rancho Cucamonga, CA 91730 46. No Third Party Beneficiaries of Lease. Any instuance coverage required herein is for the protection of City, its officers, agents, employees, contractors, and invitees. No third party beneficiaries other 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 right in same. 47. Assignment Tenant shall not assign this Amended Lease in whole or in part without first obtaining City's written consent thereto. P152 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_02 Subject to the provisions of the foregoing sections hereof, Tenant shall have the right during the term hereof to remove its equipment, supplies, fiunishings, 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 termination or expiration of this Amended Lease, City may remove such property to a public wazehouse for deposit or retain the same in its own possession and sell [he same at public auction, the proceeds of which shall be applied fast 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 surrender or to accept a stu-render of possession of the Team Office Space and/or Stadium shall be valid unless and until the same shall have been reduced to writing and signed by the duly authorized representatives of City and of Tenant. Except as expressly provided in this section, neither the doing of, nor omission of, any act or thing, by any of the officers, agents, or employees of City shall be deemed an acceptance of a surrender of possession of the premises under this Amended Lease. Dated: ( , 1999 CITY OF RANCHO ._,._ _._ ..... ...._..i'. . ATT T: ~;~'.rvr,,,~ City C rk VALLEY BASEBALL CLUB, INC. Dated: n 0 6 ~ y , 1999 Dated: , 1999 =-- P153 ~ 5~~~ By: EXHIBIT "A" .~,, ./~f a t~~. ~, ''-~ ~ i ~ ir. ..~" ~Li ~/ 1 II _ I l ~ . 1 -~ i ., ~~, '~ ~f ... ~ . _. ~ ' ' „ •~~; ~' ;, •,.. . f ,. ,,,,, n ~ .. •, '~~ _... f .. ":i .~ . -L ~ x ~ -`~ ~ ~ ~ ~ ., ~ y ~i+$.:. s S 71C S_ S ® ~ ~ LEGEND ~ ~~~ .__ ~ o~~ ~~ ~.,... ......~ ,.... ...._. ~~ _ . _•_ ..P154 STADIUM AND PRBFEQQE pARKINET I~ ~~ 1 .I I~ ~~ I GF^"^'""' »~ _ ~ pAyy ~wC =CM~~~ TS COMPLEX_ ~ ~~o SPOR -- ~=== CITY OF RANCHO CUCAiVIONGA ~ ~ ~ 9320 'C' BASELINE RD., RANCHO CUCAMONGA. CA. 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"' ,\1 `Y~C ~ rZ x'}:! f Fti ~.J• ~~:.i ~. ~. 11 G ~ -i(~ J! ~1~. a~ ~, `~O' t , Z yv;~J-t4`%t~5 Yr \`~~lt,l Y~ f\ 11 ",r. •~~` f j .r . a ~1 ., , . ~.~. a~ ~ 1 rte'... ` J.. ~ >Jy ..~ ~, 1 ,S"l`'e.(+..,f,l/f ~ f1 4~"y `S't, ~ ~~ w+, •) 1. t r r'n `. •#yI Y'La~ ~LN i~~`•, ~ Ss! ~ a 0 _ ..,YC- ~. ~_ ~_, .. .~ {y *.7 f ~ ¢~~''S~~ ~ X5,1 1 rn ~' '~~, ~ } ~~~"'~ ' ;~``ISfj';,. ~ a i, ~~ ~f! >~t ~ V~~+•.C: d•• ~ N' % s'.ys ~ ~' i s:. t!'a`. ~ {Y. ~.= f f. 1 :, .3• ~ ~ ..I ScI ...a '» rt ..1 ^` ).•9~ ~1'.L. ° ! _ 1.: f.•2 ~~ T _ ~v • ~ - P157 i ;' . --~,-~. ~ rv - 4 '- . ~ - _ ^'r:;e. ~i •r. ;t:.?~.• NSA. "- { C71~ . VE+.LIM ~ ~ . CORRIDOR .: , :: ~ s. ~ ~~ _ ~ "^: ~ER'Ji~''~LLGIhP ie4 -~' _ . ' - I r' . ' ~~lth!a' { - 3 l 5 3' ~' ~SNELF :. 511 ,, ~AB.IO ~o DUGO ~ 12 ./ SAT , ` 18 ~ W~~0~ - . . ~ r RP~~- ~•II .... ~ENCW.•:. 8•.I ~ ~ 5HF.LF,': 8•I _ 3.1 .. ' ~. _ ~ '. .. --- .--=-Y- - ~. ~ Y ~~~ . ;a .:-'JAN . ` I ~a _ - nREb~~ ~ , ~~ fiii ~- `~ . ,' ~~' ' ,-f,~ :'.r. f .f.. ... ~ l ~y ... ;MEN =.:: .~:" .,., ~ .s ~.`_ ; _ '~ ` ~ ~ ii .. .~ 1 ' • ~ _• I y ` +i ~ '_ T ' V~ /1 ~ ~ - -. r. ~~ •M r- a '} ur• :•'~ ~ . `s'ir ~. :. u: ,~ r ,.,~ ~ ~ ~'. '~ 1 '~M"l ~~~~`~ 1' t Yr.. ~ .: :.; •f. ,,` =-,- -// .' ~ _ J .. ~ ;~, '~•I '..! ~~ t. ~~ _ _ .. _ P158 Descriohon Base rent (April through August) (Due by the 10th o/the month) Baseball security payment (April through August) (Due by the 10(h of the month) Baseball security payment (playdf(s - September) (Due 30 days after City bitting dale) Parking bt reimDUrsement (Due by the 10th o/the month) OfTCe rent (Due by the 10th of the month) Pre-season games (Due 30 days alter the event) Admissions lax (Doe by the 10th of the subsoquent nwnth) Baseball concessions percentage payment (DUa by the 10th of the subsequent month) Baseball parking percentage payment (Due by the 10th o/the subsoquent month) Stadium security payment (January through MaY) (Due by the 1 OM o/the month) Other (please describe) Exhibit "C" Rematance Report Form ManthlYear Amount Total payment _.__. _. I '• ; '~ 1 ~! .. i } iCD~' r rn P ~~ Z Z m m i a ~~ P159 r~ x m H H y 8ASE8ALL STADIUM ' FLOOR PL4NS b SECTIONS ~PORT~ C®MPLEX~_ ~.~-`~-~ /"~TTt7 !1T T] A t~T!'+TSl1 !''T T!'~ A 1~ iTl11~T~' A ! '4~ ° /~ ~ ==--- -- _P160 EXHIBIT "E" Parameters of. Security Services Onty San Bernardino County Deputy Sheriffs, or San Bemardino County Deputy Sherffs Reserve, personnel shall be used at each and every home game played at the Epicenter by the Tenant. The Tenant shalt pay for any and all necessary security personnel for each game based on the following ratio of attendance to officers: Attendance yumber of Sheriffs Officers 1-4000 4 4001 - to maximum 6 plus 1 Supervisor seating capacity P161 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 !n 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 In 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. Pitchers may be used to the cafe area 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. No alcoholic beverage will be served from the concession/cafe areas during the two final innings of an game -after the seventh inning of a regular game or 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 ovtIl be used for promotional Purposes. 6. No promotional items carrying marks of alcoholic beverage suppliers will be given to fans under 21 years of age. 7. All staff, particularly ushers, concession/cafe sales personnel and security, will be knowledgeable of this alcohol beverage policy. 8. if a patron is recognized by security staff as being intoxicated. security staff wlll 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. Consumption of an alcoholic beverage outside of the stadium building is not permitted under section 12.04.010 B of the Rancho Cucamonga Municipal Code. CO 9d -v~P7s2 AMENDMENT NO. 1 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). (ii) Pazagraph 25 of the Lease requires that City provide security for the Stadium during certain time periods and Ciry 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 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. I. NOW, THEREFORE, the parties hereto agree as follows: Pazagraph 25 of the Lease hereby is amended 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 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. 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 SUtC Wv1EN D I \01 / 13/2000 P163 radio transmission capacity on an as-needed basis in providing for the above- f'- ' 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 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 - $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 in Exhibit "E" hereto. It is anticipated that four (4) police officers shall be required for forty- seven (47) weekday games, five (5) police officers for twenty-three (23) weekend games and seven (7) police officers for the July 4 game. During each year 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 the cost of SVtCV+MEND I \0!/13/2000 P164 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: „Z- d' ~1 VALLEY BASEBALL CLUB, INC. - Dated: f- ~~ ~~ ~6t e S i ~-~' N_ SUtC Wv1 EN D 1 \01 / 13 R 000 CITY OF RANCHO CUCAMONGA ~Z-~~ / P165 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) 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 again modify a payment schedule related to security. B. Amendment No. 2. NOW, THEREFORE, the parties hereto agree as follows: Pazagraph 25 of the Lease hereby is amended to read 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. 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. 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\OOOlW76368 P166 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 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 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 P167 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 THEREOF, the parties hereto have entered into this Amendment No. 2 as of the dates stated below as to each such party. Dated: /=1 ~-oZ Dated: ~~ ~ ~ ~ Z- VALLEY BASEBALL CLUB, INC. Dated: ~ ~ v ~~~ President L, 11231\0001\676368 3 ..•- P1 Ei8 EXIIIBIT "E" Parameters of Security Services Only San Bernazdino 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 al! 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. 11231\OOOIW76371 c o 9a o~P 9 AMENDMENT N0.3 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 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 to rental payments. B. Amendment No. 3. NOW, THEREFORE, the parties hereto agree as follows: Subsections 4.01(ii) and (iii) of the Lease hereby are amended to read as follows: "(ii) The amount of $74,000 for each of calendar 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 al] 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 paraphernalia, 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, 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. 3 as of the dates stated below as to each such party. Dated: ~v //9/~-3 Dated: ~l 9 ~~3 P170 VALLEY BASEBALL CLUB, INC. Dated: ~o ~- S v3 ~~ President 2 Co qa -o~~ 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 of sixty-three (63) pazking spaces in the Expanded Pazking Lot due to City's construction of an electrical substation. B. Amendment No. 4. NOW, THEREFORE, the parties hereto agree as follows:. 1. Section 4.08 of the Lease hereby is amended by replacing the sum of Six Thousand Dollazs ($6,000.00) provided for in the first sentence thereof with the sum of Five Thousand Five Hundred Dollars ($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 Z1, 2005 Dated: September 21, 2005 Dated: ~ z- OJ VALLEY BASEBALL CLUB, INC. ~' __~\~ _ President P171 1123 ]-OOOI\753804v1.doc CC q 2 --U~Y` P1~z 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 hereinafter is referred to as "the Lease." ' (ii) The parties wish to again amend the Lease to provide for a new right field scoreboazd. 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 21.7' 46mm Galaxy Matrix Display Custom scoreboard ietrofit 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: _~1~1~ Z 2. ~~ y Dated: ~{- Z Z D Dated: ~O ~ VALLEY BASEBALL CLUB, INC. ~~~ ~ President 11231-0001\769467v1.doc Co ~z-~~~ P173 AMENDMENT NO. 6 TO AMENDED AND RESTATF,D 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 hereinafteris referred to as "the Lease." (ii) The parties wish to main amend the Lease to provide for City sponsored July 4 events at the Stadium. B. Amendment No. tr. NOW, THEREFORE, the parties hereto agree as follows: New subparagraphs hereby aze 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 b}' Tenant a[ the Stadium on :my July 4 during the remainder of 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 mariagement and Tenant shall be provided three (3)no charge dates per yeaz for Quakes events such as corporate outings/picnics, celebrity softball games and baseball clinics to occur at the Stadium without charge. Each such Quakes event shall be. approved by City's Community Services Director, which approval shall not be unreasonably withheld. Tenant shall provide 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 pay 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 provision thereof, shall remain in full force and effect. .11231-OOOIV18941v1.doc P174 IN WITNESS WHEREOF, the parties hereto have entered into this Amendment No. 6 as of the dates stated below as to each such parry. CITY HO CUCAM GA r Dated: ~/~9~~ . BY~ ayor ..L Dated: 7~~~~~ Attest: t ~~D.~P /.LtlA9.1 • C'•~' City Clerk VALLEY BASEBALL CLUB, INC. Dated: ~ G 1I231.0001~918941v1.doc President 2 P175 EXHIBIT B Current Guaranty P176 EXHIBIT "G" FORM OF PERSONAL GUARANTY THIS PERSONAL GUARANTY (this "Guaranty") 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 ("Guazantor'~, with reference to the following facts: WHEREAS, the City and VALLEY BASEBALL CLUB, INC., A California Corporation ("Tenant's are 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 Ciry'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 gttarantee during the term of the Amended Lease full 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. Gtarantor 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 it in the Amended Lease 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 aze 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 temvnated due to an event of default of Tenant, Guarantor agrees e nr-...r r ego. niorcvvr. P177 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 Guazantor 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 liy any disaffirmance or abandonment 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) 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 Guazantor 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 guaranties unless said other guaranties aze expressly modified or revoked in writing. This Guaranty is not intended, nor shall it be deemed [o amend, modify, limit, S1RC~V.q LLEYBA\ 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 Guazanty 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. 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 requue, all words used in the singulaz herein shall be deemed to have bcen 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 dischazge 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 cooseatthereto. 14. The temu and provisions of this 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 Ciry. This Guazanty may not be modified or canceled except by a writing signed by City. I5. If any provision of this Guaranty shall be determined to be void by any Court of competent jurisdiction, then such detemunation 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. P178 S'~RC.VALLEY'BA'~VBCEXHG P179 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 Guazantor 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 postmazked 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 upoa the commencement of the action regazdless of whether the action is prosecuted to final judgment. S~RC~V.4 LLEYB A\V BCExHG P180 IN WITNESS WHEREOF, the Guarantor and City have executed this Guaranty as of the date first written above. HENRY E. STICKNEY CITY OF RANCHO CUCAMONGA May ATTEST: ~~-~i City C rk __ i S~RC~ V ALLEYBAIV'BCEXHC P181 EXHIBIT C New Guaranty P182 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 ("Guazantor"), with reference to the following facts: WITNESSETH WHEREAS, the City and Rancho Baseball, LLC, A California Corporation ("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 assigrunent of the Amended Lease to Rancho Baseball, LLC and 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 during the term of the Amended Lease full performance of the minimum annual rent and improvement rent payment ob]igations 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: I. 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 it in the Amended Lease 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, Guazantor 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 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. P183 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 assignment 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 obligations 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. 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 -2- P184 whatsoever. When the context and construction so require, all words used in the singular 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 Califomia, 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 Califomia 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 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 Guarantor and City. This Guaranty may not be modified or canceled except by a writing signed by City. 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 and/or 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- P185 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 WITNESS THEREOF, the Guarantor and City have executed this Guaranty as of the date first written above. GUARANTOR: ROBERT A. BRETT CITY OF RANCHO CUCAMONGA By: Mayor ATTEST: City Clerk 4- I:ICOMMSERViEPICENTER-SP COMPLEXILeaselExhibitGFormo(Guaranty. doc ATTACHMENT P1HB 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 P187 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 Bellingham Bel]s 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. GeOCge Brett 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. In his capacity with 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. STAFF REPORT ENGINEERING DEPARTMENT Date: To: From: By: . Subject: July 1, 2009 Mayor and Members of the City Council Jack Lam, AICP; City Manager Mark A. Steuer, Director of Engineering Services/City Engineer Carlo Cambare, Engineering Technician P188 RANCHO C~UCAMONGA RELEASE OF THE IMPROVEMENT AGREEMENT AND FAITHFUL PERFORMANCE BOND AND LABOR AND MATERIAL BOND FOR IMPROVEMENTS FOR DRC2005- 00852, LOCATED ON 6795 ETIWANDA AVENUE, SUBMITTED BY THOMAS G. MONTES. RECOMMENDATION It is recommended that the City Council by minute action authorize the City Clerk to release the Improvement Agreement and release the Faithful Performance Bond and release the Labor and Material Bond. BACKGROUND/ANALYSIS DRC2005-00852, located at 6795 Etiwanda Avenue, is an existing single family residence. The homeowner was required to complete street improvements as a condition for an extensive room addition. Due to financial hardship, the homeowner decided not to pursue the room addition. Permits have not been pulled and have now expired. The homeowner has requested release from constructing the public improvements since he is no longer pursuing the room addition. It is recommended that the City Council release the existing Improvement Agreement, Faithful Performance Bond, and Labor and Material Bond. Developer: Thomas G. Montes 6795 Etiwanda Avenue Rancho Cucamonga, CA 91739 Release: Faithful Performance Bond No. Release: Labor and Material Bond No Respectfully submitted, ~,,/?' 'rain r Director of Engineering Services/City Engineer MAS:CC:alnv 780051S 780051S $ 7,500.00 $ 7,500.00 Attachment(s) J P189 ~::::::: .::::::::: ~~~ il:if ii:: ~\ .:i \C'~~ ~. ~~/,~ ~~ is Project Site ~-r~ .. j ~~ ~~ :::: , :: ELI ~ ~ ...... i; ~1C1~1~~' ~ ~~ City of Rancho Cucamonga Engineering Division Title: N W E S Exhibit STAFF REPORT ENGINEERING SERVICES DEPARTIvfEATT Date: July 1, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineeringg~ervices/City Engineer By: .Jerry A. Dyer, Senior Civil Engine Shelley Hayes, Assistant Engineer ~- P190 RANCHO cUCAMONGA Subject: RELEASE OF FAITHFUL PERFORMANCE BOND NO. 0443896, RETAINED IN LIEU OF MAINTENANCE GUARANTEE BOND, IN THE AMOUNT OF $184,171.00, FOR CHURCH STREET PARKWAY LANDSCAPE IMPROVEMENTS FROM TEAK WAY TO HAVEN AVENUE PROJECT. CONTRACT NO. 07-063 RECOMMENDATION It is recommended that the City Council authorize the City Clerk to release Faithful Performance Bond No. 0443896, retained in lieu of Maintenance Guarantee Bond, in the amount of $184,171.00, for Church Street Parkway Landscape Improvements from Teak Way to Haven Avenue project, Contract No. 07-063. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the improvements remain free from defects in materials and workmanship. Contractor: Land Forms Landscape Construction 27601 Forbes Road, Suite 36 Laguna Niguel, CA 92677 Respectfully submitted, ark euer Director of Engineering Services/City Engineer MAS/JAD/SH:Is Attachment LOCATION CITY OF RANCHO CUCAMONGA CHURCH STREET FROM TEAS NAY TO HAVEN AVENUE PARSIPAY LANDSCAPE IMPROVEI~NT VICINITY MAP STAFF REPORT ~-- PUNNING DEPARTMENT RANCHO C,UCAMONGA Date: July 1, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: James R. Troyer, AICP Planning Director By: Thomas Grahn, Associate Planner Subject: 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. RECOMMENDATION: Staff recommends that the City Council conduct a public hearing, take public testimony regarding the application for funding, and adopt the Substantial Amendment to the 2009 Annual Action Plan, thereby authorizing the Mayor to submit the plan to the U.S. Department of Housing and Urban Development (HUD) for their consideration. ANALYSIS: Community Development Block Grant (CDBG) funds are provided by HUD based on a formula that considers census data, extent of poverty, and age of the housing stock. Based upon this formula, the City anticipates receiving a grant allocation of $1,020,958, which is an increase of $7,808 over current year program funding. To be eligible for funding, activities must meet one of the two primary goals of the CDBG Program: 1. The development of viable, urban communities, including decent housing and a suitable living environment; and 2. The expansion of economic opportunities, principally for persons of low- and moderate-income. P192 CDBG. regulations require that at least 70 percent of all funds be directed to activities that benefit low- and moderate-income persons. Of the activities proposed for the 2009-2010 program year, approximately 80 percent will benefit low- and moderate-income persons. P193 CITY COUNCIL STAFF REPORT DRC2009-00227R - 2009 ANNUAL ACTION PLAN SUBSTANTIAL AMENDMENT JULY 1, 2009 Page 2 BACKGROUND: On May 6, 2009, the City Council approved the 2009 Annual Action Plan, with activity funding based on estimated funding allocations from HUD. Since the Annual Action Plan was prepared, HUD released the 2009 allocations providing an additional $7,808, thereby necessitating this substantial amendment to allocate those funds. Staff recommends the following revisions to the activities funded through the 2009 Annual Action Plan. Activity ~ Initial Funding ~ Proposed Funding ~ Difference CDBG Administration $202,630 $204,190 ~ $1,560 Home Im rovement $388,460 $390,588 $2,128 Oldtime[s Senior Nutrition $8,270 $11,270 $3,000 Cam Fire USA ~ $6,520 $7,640 $1,120 Total $7,808 Funding for the City's. Home Improvement Program, shown above, includes $18,460, transferred from the Calle Vejar Street Improvement activity. These funds were transferred from Calle Vejar because of the availability of CDBG-R funds (approved at the June 3, 2009 City Council meeting), which provided sufficient funding for the completion of that activity. The Calle Vejar activity includes $381,590 in CDBG funds and $247,685 in CDBG-R funds providing an activity total of $629,275. CORRESPONDENCE: Notice of the public hearing and proposed funding allocations was published in the Inland Vallev Daily Bulletin on June 2, 2009. Respectfully submitted, '`• Jam R. Troyer, AICP Planning Director JT:TG/ds Attachments: Exhibit A - FY 2009-2010 Final CDBG Funding Allocations -Revised Exhibit B - FY 2009-2010 Final Annual Action Plan Substantial Amendment P194 June 12, 2009 EXHIBIT A P195 EXHIBIT B CITY OF RANCHO CUCAMONGA COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2009-2010 ANNUAL ACTION PLAN (JULY 1, 2009 -JUNE 30, 2010) Approved -May 6, 2009 Substantial Amendment-July 1, 2009 Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 P196 TABLE OF CONTENTS APPLICATION FOR FEDERAL ASSISTANCE (SF-424) ........................................................................... 1 INTRODUCTION ................................................................................................................................. 4 RESOURCES AVAILABLE .......................................................................... .......................................... 4 FEDERAL RESOURCES ................................................................ .......................................... 4 OTHER RESOURCES ..............................................:.................... .......................................... 5 LEVERAGING AND MATCHING FUNDS ........................................... .......................................... 5 ACTIVITIES TO BE UNDERTAKEN ................................................................................................... ..... E AFFORDABLE HOUSING ..................:.......................................................................:......... ..... E OBJECTIVE 1 -CONSERVATION OF THE EXISTING SINGLE-FAMILY AND MULTIPLE-FAMILY AFFORDABLE HOUSING STOCK ................................................ ..... E OBJECTIVE 2 -IMPROVE ACCESS TO AFFORDABLE HOUSING FOR ALL LOW- AND MODERATE-INCOME HOUSEHOLDS, W ITH EMPHASIS ON THE PRODUCTION OF LARGER (3+ BEDROOM) RENTAL UNITS .......................................................... ..... i OBJECTIVE 3 -PROVIDE DIRECT RENTER ASSISTANCE TO LOW- AND MODERATE-INCOME HOUSEHOLDS IN ORDER TO OBTAIN OR RETAIN PERMANENT HOUSING ......................................................................................... ..... E OBJECTIVE 4 -INCREASE HOUSING OPPORTUNITIES FOR LOW- AND MODERATE-INCOME OWNERSHIP, PARTICULARLY THROUGH HOMEBUYER ASSISTANCE ........................................................................................................ ..... E OBJECTIVE 5 -REHABILITATION OF THE EXISTING HOUSING STOCK W ITH EMPHASIS ON OWNER-OCCUPIED HOUSING ......................................................... ..... S OBJECTIVE 6 -IMPROVE LIVING CONDITIONS FOR LOW- AND MODERATE- INCOME HOUSEHOLDS ......................................................................................... ... 1 C HOMELESS STRATEGIC PLAN ...............................................:.................:......................... ... 11 OBJECTIVE 7 -ASSIST HOMELESS INDIVIDUALS, FAMILIES, AND PERSONS WITH SPECIAL NEEDS, AND THOSE AT-RISK OF HOMELESSNESS .......................... ... 11 HOMELESS ANNUAL PLAN ................................................................................................ ... 11 SPECIAL NEEDS ............................................................................................................... ... 12 OBJECTIVE 8 -PROVIDE NECESSARY REHABILITATION SERVICES TO SPECIAL NEEDS POPULATIONS WITH EMPHASIS ON ASSISTING THE ELDERLY AND FRAIL ELDERLY ............................................................................................................. ... 12 OBJECTIVE 9 -SUPPORT SERVICE PROVIDERS ASSISTING SPECIAL NEEDS POPULATIONS ....:..............................................:.................................................. ... 12 SPECIAL NEEDS ANNUAL PLAN ........................................................................................ ... 13 NON-HOUSING COMMUNITY DEVELOPMENT NEEDS .......................................................... ... 13 OBJECTIVE 10 -PROVIDE IMPROVEMENTS TO PUBLIC AREAS AND PUBLIC FACILITIES TO ENHANCE LIVING ENVIRONMENTS, IMPROVE THE QUALITY OF LIFE IN LOW- AND MODERATE-INCOME NEIGHBORHOODS, AND FOR LOWER INCOME INDIVIDUALS, SENIORS, AND THE HANDICAPPED ...................................... ... 13 OBJECTIVE 11 -ASSIST LOCAL PUBLIC AND NON-PROFIT SERVICE AGENCIES THAT IMPROVE THE QUALITY OF LIFE FOR LOW- AND MODERATE-INCOME PERSONS AND THOSE WITH SPECIAL NEEDS ........................................................ ... 13 OBJECTIVE 12 -ENSURE ACCESSIBILITY TO ALL PUBLIC FACILITIES AND STRUCTURES ....................................................................................................... ... 15 OBJECTIVE 13 -THE RESTORATION AND PRESERVATION OF PROPERTIES OF SOCIAL VALUE FOR HISTORIC, ARCHITECTURAL, AND AESTHETIC REASONS......... ... 16 City of Rancho Cucamonga - i - July 2009 Community Development Block Grant Program 2009-2070 Annual Action Plan -Substantial Amendment P197 OBJECTIVE 14-PROVIDE THE NECESSARY PLANNING AND ADMINISTRATIVE CAPACITY TO IMPLEMENT THE CDBG PROGRAM AND THE CONSOLIDATED - PLAN ...................................................................................................................... 16 OBJECTIVE 15-ALLEVIATE PHYSICAL AND RELATED ECONOMIC DISTRESS THROUGH THE STIMULATION OF PRIVATE INVESTMENT AND COMMUNITY REVITALIZATION IN IDENTIFIED TARGET NEIGHBORHOODS ....................................... 17 OBJECTIVE 16 -REVITALIZE AND UPGRADE HOUSING CONDITIONS; PREVENT AND ELIMINATE BLIGHT AND BLIGHTING INFLUENCES; AND ELIMINATE CONDITIONS DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY, AND W ELFARE.......... 18 OTHER A~CTIONS ............................................................................................................................. 18 ECONOMIC DEVELOPMENT .................................................................................................. 18 AFFIRMATIVELY FURTHERING FAIR HOUSING ...................................................................... 19 OBSTACLES TO MEETING UNDER SERVED NEEDS ............................................................... 21 ACTIONS TO FOSTER AND MAINTAIN AFFORDABLE HOUSING ................................................21 ACTIONS TO REMOVE BARRIERS TO AFFORDABLE HOUSING ............................................... 21 ACTIONS TO EVALUATE AND REDUCE LEAD BASED PAINT HAZARDS .................................... 22 ACTIONS TO REDUCE THE NUMBER OF POVERTY LEVEL FAMILIES ....................................... 22 ACTIONS TO DEVELOP INSTITUTIONAL STRUCTURE AND ENHANCE COORDINATION .............. 22 PUBLIC HOUSING IMPROVEMENTS ....................................................................................... 22 MONITORING ....................................................................................................................... 22 CITIZEN PARTICIPATION .................................................................................................................. 23 APPENDIX ..A.. _ EXECUTIVE SUMMARY ...........................................................................................A-1 APPENDIX "B" -SUMMARY OF AFFORDABLE HOUSING 5-YEAR AND 1-YEAR GOALS ....................... B-1 APPENDIX ..C.. _ ATTACHMENTS ....................................:................................................................C-1 SUPPORTING MAPS: PROPOSED PROJECTS AND LOW/MOD INCOME ..................................C-1 SUPPORTING FORMS: FUNDING SOURCES, CONTINUUM OF CARE: GAPS ANALYSIS, SPECIAL NEEDS/NON-HOMELESS, HOUSING NEEDS, AND COMMUNITY NEEDS ...................C-1 LISTING OF PROPOSED PROJECTS .....................................................................................C-1 CERTIFICATIONS ................................................................................................................C-1 City of Rancho Cucamonga - ii - July 2009 Community Development Block Grant Program .2009-2010 Annual Action Plan -Substantial Amendment OMB Number: 4040-OOP 9$ Ezoia[ion Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 '1. Type of Submission: '2. Type of Application ` IfRevision, select appropriate letter(s) ^ Preapplication ^ New ^ Application ®Continuation ~ `Other (Specify) ® Changed/Corrected Application ^ Revision 3. Date Received: 4. Applicant Identifier: b-09-MC-06-0556 Sa. Federal Entity Identifier: `Sb. Federal Award Identifier: State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: 'a. Legal Name: City of Rancho Cucamonga 'b. Employerlfaxpayer Identification Number (EIN/TIN): 'c. Organizational DUNS: 953213002 ~ 007052970 d. Address: 'Street 1: 10500 Civic Center Drive Street 2: `City: Rancho Cucamonga County: San Bernardino 'State: CA Province: 'Country: 'Zip /Postal Code: 91730 e. Organizational Unit: Department Name: Division Name: Planning Department f. Name and contact information of person to be contacted on matters involving this application: Prefix: Mr. 'First Name: Thomas Middle Name: 'Last Name: Grahn Suffix: Title: Associate Planner Organizational Affiliation: City of Rancho Cucamonga 'Telephone Number: 909.477.2750 Fax Number: 909.477.2847 'Email: tom.grahn@cityofrc.us oNtE IJumber: aoao-ocP~ 99 Expiration Dates 01/312009 Application for Federal Assistance SF-424 Version 02 'g. Type of Applicant 1: Select Applicant Type: C. City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: `Other (Specify): - `10. Name of Federal Agency: U.S. Department of Housing and Urban Development 11. Catalog of Federal Domestic Assistance Number: 14.218 CFDA Title: HCDA -Community Development Block Grant (CDBG) Entitlement '12 Funding Opportunity Number: `Title: 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): City wide program. '15. Descriptive Title of Applicant's Project: Housing Rehabilitation; Historic Preservation; Handicap, Street, and Public Facility Improvements; and Public Services (Including: Fair Housing, Landlord Tenant Counseling, Graffiti Removal, Homeless Assistance, Domestic Violence Assistance, Senior Program, Youth Programs, and Literacy Programs). OMB Number: 4040-OO~P2OO Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 16. Congressional Districts Of: 'a: Applicant: CA-026 'b. Program/Project: CA-026 17. Proposed Project: 'a. Start Date: 07/01/2009 'b. End Date: 06/30/2010 18. Estimated Funding (S): 'a. Federal 51,020,958 `b. Applicant `c. State 'd. Local 'e. Other 'f. Program Income `g. TOTAL 51,020,958 '19. Is Application Subject to Review By State Under Executive Order 12372 Process? ^ a. This application was made available to the State under the Executive Order 12372 Process for review on ^ b. Program is subject to E.O. 12372 but has not been selected by the State for review. ® c. Program is not covered by E. O. 12372 '20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) ^ Yes ®No 21. `By signing this application, I certify (1) to the statements contained in the list of certifications" and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances" and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001) ® "I AGREE "The list of certifications and assurances, or an Internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: Dr. 'First Name: Donald Middle Name: "Last Name: Kurth Suffix: MD 'Title: Mayor 'Telephone Number: 909.477.2700 Fax Number: 909.477.2847 'Email: 'Signature of Authorized Representative: "Date Signed: 07/01/2009 Authorized for Local Reproduction Standard Form 424 (Revised 10/2005) Prescribed by OMB Circulaz A-102 P201 INTRODUCTION The Annual Action Plan provides a plan of investment and an outline of activities expected to be undertaken during the 2009-2010 program year. The report identifies local objectives and priority needs identified to implement the primary objective of the Community Development Block Grant ("CDBG") program, which is the development of viable urban communities by providing decent housing, suitable living environment, and expanded economic opportunities, principallyfor persons of low- and moderate-income. RESOURCES AVAILABLE ~: FEDERAL RESOURCES Community Development Block Grant Federal funds available to the City are allocated through the U.S. Department of Housing and Urban Development ("HUD")CDBG program. During the 2009-2010 program year, the Citywill receive an entitlement allocation of $1,020,958, which is $7,808 more than fiscal year 2008-2009. The May 6, 2009 Annual Action Plan approval included on an estimated entitlement allocation of $1,013,150; this substantial amendment addresses the revised funding allocation. The additional funds were allocated to CDBG Administration (Activity 14.1.1), the City's Home Improvement Program (Activity 5.1.1), and two public service providers (Activity 11.1.1). San Bemardino County Housing Authority The San Bernardino County Housing Authority serves as the local housing aut{iorityfor the region. The Agency currently operates 170 Section 8 housing units and 16 public housing units located within the City. Sources of funds available to City residents through the Housing Authority are primarily limited to Section 8, Comprehensive Grant Improvement, and the Public Housing programs. County of San Bernardino Department of Community Development and Housing The County of San Bernardino Department of Community Development and Housing ("CDH") receives federal HOME Investment Partnerships Program ("HOME") funds to implement the San Bernardino County HOME Consortium, which the City joined in July 1995. In July 1996, the City approved a 3-year extension to the Cooperation Agreement for the period from October 1, 1996, to September 30, 1999.' The City then approved a series of subsequent 3-year extensions to the Cooperation Agreement for the periods ending September 30, 2002, September 30, 2005, and September 30, 2009. On June 4, 2008, the City Council approved a proposed extension to the Cooperation Agreement that will run for an additional 3-year period from October 1, 2008, to September 30, 2011. The County operates four programs through the HOME Consortium that include the HOME Homeownership Assistance Program ("HAP"), the HOME Tenant-Based Rental Assistance ("TBRA") program, the Affordable Housing Development Loan ("AHDL") program, and the HOME Community Housing Development Organization ("CHDO")Program. The County's allocation forthe HOME program totals $4,083,757. The HAP, TRBA, and AHDL programs are discussed as specific activities in the Consolidated Plan. The CHDO Set-Aside program is not identified and therefore warrants further discussion. The CHDO program is funded through a mandatory Set-Aside from the HOME Cohsortium and provides funds for affordable housing that is developed, sponsored, or owned by non-profits that City of Rancho Cucamonga - 4 - - July 2009 Community Development Block Grant Program 2009-2010 Annual Action Plan -Substantial Amendment P202 have been certified as CHDO's. The CHDO program functions as a source of funding for a variety of projects including new construction and rehabilitation of residential structures. Funds are not targeted to a specific area or project type within the County; however, recipient income cannot exceed 80% of the County medium family income. Funds are available to eligible residents on a first-come first-serve basis through the City's participation in the HOME Consortium, with approximately $607,000 allocated to the CHDO program. :: OTHER RESOURCES City of Rancho Cucamonga Redevelopment Agency State law requires redevelopment agencies to set aside at least 20% of tax increment revenue for increasing and improving the community's supply of low- and moderate-income housing. Between July 1, 2005, and June 30, 2010, approximately $67,131,198 will be generated by tax increment for affordable housing. The tax increment allocation to the 20 Percent Set-Aside during the reporting period is projected to be $20,000,001. The Redevelopment Agency's ("RDA") tax increment has been pledged against several on-going projects, and therefore, there is little unobligated funding available. In July 1996, the RDA approved the sale of tax allocation bonds to provide permanenTfinancing for two community based non-profit organizations, National Community Renaissance ("National CORE")and Northtown Housing Development Corporation ("NHDC"). On September 1, 1996, Tax Allocation Bonds in the amount of $37.66 million were sold. Proceeds of the bonds will be allocated in the following manner: o A pledge agreement through the year 2025 was signed with National CORE where $3.9 million will be provided annuallyfor debt services and project reserves. Beginning year 6, if the provision of Redevelopment Law that allows for the acquisition of existing units with Housing Set-Aside funds has been extended beyond its current sunset, this $790,000 of the annual pledge will be deposited into a "Future Project Reserves" fund for use in acquiring additional apartment complexes within the Project Area. If a program is not developed, the funds will be available for any RDA housing program. o A pledge agreement through the year 2025 was signed with NHDC where $1.5 million was paid to NHDC on June 30, 1996, and again on December 30, 1996. An additional $5 million in net bond proceeds were also paid to the NHDC. These bond proceeds will be used to complete a portion of the capital improvement plan for the Northtown neighborhood that includes continuing the development of infill housing on vacant lots, acquisition and rehabilitation of existing absentee-owned housing. The annual pledge amount will be $1.4 million through the year 2025. :: LEVERAGING AND MATCHING FUNDS The primary source of fund leveraging will occur through RDA 20 Percent Set-Aside funds in public/private partnerships with non-profit housing development corporations such as National CORE and the NHDC. Other potential sources for leveraging include HOME funds and Low-Income Housing Tax Credits. City of Rancho Cucamonga - 5 - July 2009 Community Development Block Grant Program 2009-2010 Annual Action Plan -Substantial Amendment ' P203 ACTIVITIES TO BE UNDERTAKEN ~: AFFORDABLE HOUSING Program 1.1: Acquisition of existing multi-family units to be held forfuture affordable housing stock. Activity 1.1.1: This activity includes the acquisition of restricted, and previously unrestricted, at-risk units. National CORE, with pledge assistance from the RDA 20 Percent Set-Aside funds obtained replacement financing for several complexes within the City. National CORE owns and manages the complexes, and the RDA monitors the affordability covenants checking quarterly to ensure units are rented according to the agreement and the occupants comply with established income categories. Lead Agency: National CORE, with funding assistance by the Rancho Cucamonga RDA. Geographic Location: Activities will primarilyoccur in the Redevelopment area, however, units may be acquired citywide. Resources: Bonds issued by the RDA and a loan from the California Housing Finance Authority ("CHFA") were used to provide long-term replacement financing for six National CORE affordable housing complexes. A 1996-97 RDA tax allocation bond issue provided approximately $30 million for replacement financing. An annual pledge of $3.9 million of Agency Housing funds provides bond debt service and project reserve funds. Accomplishments and Time Frame: There are six existing apartment complexes, containing 1,262 total units with 670 units held as affordable. Monterey Village and Mountainside Apartments were acquired in FY 95-96 and Sycamore Springs and Rancho Verde Apartments were acquired in FY 96-97. Heritage Pointe Senior Apartments, a 49 unit senior apartment complex, 100% of the units as held as affordable, were acquired in FY 02-03. Sunset Heights (previously Woodhaven) Apartments, a 117 unit apartment complex, 100% of the units held as affordable, were acquired in FY OS-06. An additional 40 units, 100% held as affordable, are proposed at Rancho Verde Apartments and should be completed by December 2009. Complex Total Units Affordable Units S camore S rin s 240 96 Mountainside A artments 384 192 Montere Villa e A artments 224 112 Rancho Verde A artments 248 104 Herita e Pointe Senior A artments 49 49 Sunset Hei hts A artments 117 117 Total 1,262 670 Program 1.2: Acquisition and rehabilitation of existing single-family homes. Activity 1.2.1: The NHDC does not anticipate rehabilitating any units during the 2009-2010 program year. When rehabilitation does occur the NHDC is the owner/developer of the rehabilitated lots, which are purchased with assistance from the RDA. This activity is part of the NHDC's First-Time Home Buyer program where City of Rancho Cucamonga - 6 - July 2009 Community Development Block Grant Program 2009-2010 Annual Action Plan -Substantial Amendment P204 newly constructed and/or rehabilitated single-family homes are available to low- and moderate-income home buyers in the Northtown neighborhood. (See Objective 4, Activity 4.3.1.) Activity 2.1.1: To increase the availability of affordable rental stock, the RDA, in conjunction with local non-profit development agencies, will pursue the new construction of affordable units in its existing target area. Emphasis has been placed on the construction of units available to large families. Lead Agency: National CORE, Workforce Homebuilders, and NHDC. Geographic Location: Activities are focused in the RDA project area, but may occur citywide. Resources: Private financing, HOME funds, Low-Income Tax Credits, and RDA 20 Percent Set- Aside funds. Accomplishments and Time Frame: This program includes two projects, Rancho Workforce Housing and San Sevaine Villas. Rancho Workforce Housing was a joint venture between National CORE and Workforce Homebuilders. The joint venture obtained entitlements for the development of a 166-unit multi-family housing complex, 131-units held as affordable. This complex is under construction and should be completed by January 2010. NHDC obtained entitlements for a San Sevaine Villas, a 225-unit, 100%affordablernulti-family housing complex. This project is currently in the plan check process and should be completed by December 2011. An additional 40 units, 100% held as affordable, are proposed at the Rancho Verde Apartments and should be completed by December 2009. Program 2.2: Construction of single-family infill development in low- and moderate- income neighborhoods. Activity 2.2.1: The NHDC constructs new homes on infill lots within the Northtown target neighborhood. When lots are available, new homes are made available to families with incomes between 80% and 90% of the area median income. The NHDC is the owner/developer of the infill lots; however, these lots are purchased with assistance from the RDA. This program is also part of the NHDC's First-Time Home Buyer program where newly constructed and/or rehabilitated single-family homes are available to low- and moderate-income home buyers in the Northtown neighborhood. (See Objective 4, Program 4.3, Activity 4.3.1.). Lead Agency: NHDC, with funding assistance by the Rancho Cucamonga RDA. Geographic Location: The Northtown target neighborhood. Resources: The NHDC leveraged RDA 20 Percent Set-Aside funds with subsidies from the Affordable Housing Program and permanent first-mortgages from Home Loan Bank of San Francisco. Accomplishments and Time Frame: The NHDC was not able to obtain any lots for the construction of any new single-family homes, and therefore does not does not plan on the development of any homes during the program year. City of Rancho Cucamonga ~ - 7 - July 2009 Community Development Block Grant Program 2009-2010 Annual Action Plan -Substantial Amendment Program 2.1: Construction of affordable (multi-family) units. P205 Program 3.1: Support applications by the Housing Authority of the County of San Bernardino for future Section 8 and public housing assistance. Activity 3.1.1: The Housing Authority routinely requests assistance from the City when applying for Section 8 Housing Certificates and Vouchers for public housing assistance. The City will continue to support these applications. The agency currently operates 6;257 Section 8 units of which 170 are located within the City. The agency also operates 16 public housing units and rents them to qualified households at affordable rates. Lead Agency: Housing Authority of the County of San Bernardino. Geographic Location: These programs are available citywide. Resources: Federal housing funds. Accomplishments and Time Frame: Annually support 16 public housing units and 170 Section 8 applications. Program 3.2: Participate in the HOME Consortium Tenant-Based Rental Assistance ("TBRA") program. Activity 3.2.1: The TBRA program is offered through the HOME Consortium and is available to eligible residents. The program provides both a monthly rent subsidy for very low-income special needs households and security deposit assistance to households receiving a monthly rental subsidy from the San Bernardino County Housing Authority. The County targets monthly rental assistance to eligible households that include a disabled family member, and they place a priority on providing security deposit assistance to families experiencing "temporary" housing situations where the temporary housing or shelter is either not suitable or not available as permanent housing. Lead Agency: County of San Bernardino CDH, HOME Consortium. Geographic Location: Available to eligible residents citywide. Resources: HOME funds are available on a first-come first-serve basis through the City's participation in the County HOME Consortium, with approximately $1,100,000 allocated to this program; this includes $800,000 in monthly rental assistance and $300,000 in security deposit assistance. Accomplishments and Time Frame: The Citywill workwith the HOME Consortium to publicize this program so that six households could receive assistance by June 30, 2010. Program 4.1: Administer a City sponsored Home Buyer Program. Activity 4.1.1: The RDA administers a Home Buyer program using down payment assistance loans. The loan provides up to a maximum of $80,000, as a silent second loan. The loan is forgiven if the buyer remains in the unit for45 years. Lead Agency: Rancho Cucamonga RDA. City of Rancho Cucamonga - 8 - July 2009 Community Development Block Grant Program 2009-2070 Annual Action Plan -Substantial Amendment P206 Geographic Location: This program is available to eligible residents citywide. Resources: RDA Set-Aside funds: $1,000,000. Accomplishments and Time Frame: By June 30, 2010, assist 10 homebuyers. Program 4.2: Participate in the HOME Consortium Homeownership Assistance Program ("HAP"). Activity 4.2.1: The HAP assists households earning less than 80% of the median family income in the purchase of a home. The HAP is a silent second trust deed program to assist low-income persons in becoming homeowners. Lead Agency: County of San Bernardino CDH, HOME Consortium. Geographic Location: This program is available to eligible residents citywide. Resources: HOME funds are available on a first-come first-serve basis through the City's participation in the County HOME Consortium, with approximately $1,000,000 allocated to this program. Accomplishments and Time Frame: The Citywillwork with the HOME Consortium to publicize this program so that four households could receive assistance by June 30, 2010. Program 4.3: Assist the NHDC First-Time Home Buyer Program. Activity 4.3.1: The NHDC's First Time Home Buyer Program provides newly constructed and/or rehabilitated single-family homes to low- and moderate-income homebuyers in the Northtown neighborhood. NHDC does not .plan the construction of any new homes (Affordable Housing -Activity 2.2.1), or the rehabilitation of any homes (Affordable Housing-Activity 1.2.1), which would provide the homes necessary for this program. When lots are available, newly constructed homes are typically sold to income-eligible homebuyers earning between 80% and 90% of the area median family income. When rehabilitated homes are utilized (Affordable Housing -Activity 1.2.1) the rehabilitated homes are leased for atwo-year period at affordable rents to families earning up to 60% of the area median family income. At the end of the two year lease period, the tenant will be offered a purchase option if they have demonstrated the ability to properly maintain and pay for the home and can arrange financing for an affordable first mortgage. The NHDC plans on the rehabilitation of one unit during the program year. Lead Agency: The NHDC. Geographic Location: The Northtown target neighborhood. Resources: The NHDC received a pledge amount from the RDA that they are able to use accordingly to meet the goals of their affordable housing program. Accomplishments and Time Frame: The NHDC was not able to obtain existing units for rehabilitation, or lots for new construction, under this program; therefore, there are no units planned to be leased or sold during the program year. Program 5.1: Provide moderate rehabilitation of owner occupied, single-family and mobile homes for extremely low-, low-, and moderate-income City of Rancho Cucamonga - 9 - July 2009 Community Development Block Grant Program 2009-2010 Annual Action Plan -Substantial Amendment P207 homeowners. Activity 5.1.1: The City has an existing moderate rehabilitation Home Improvement Program available to eligible owner-occupied households, those earning less than 80% of the area median family income. The program offers deferred payment loans of up to $30,000 and grants of up to $7,500, including emergency repair grants. The City runs this as a full service program and not only lends the money, but secures contractors, oversees the work, and maintains administration of the grants and loans rather than farming this work out to the bank or homeowner. W hile this method requires additional staff time, it is done to provide a high level of customer service and ensure both consistent and efficient results. Lead Agency: City of Rancho Cucamonga Planning Department. Geographic Location: This program is available to eligible residents citywide. Resources: CDBG funds: $420,588. (Funding includes $390,588 in new grant funds and $30,000 in program income). Accomplishments and Time Frame: By June 30, 2010, assist 40 households with incomes below 80% of the area median family income. Program 5.2: Participate in the HOME Consortium Affordable Housing Development Loan ("AHDL") Program. Activity 5.2.1: This program provides a three (3) percent interest loan to acquire and/or rehabilitate existing rental property that will then be made available to qualifying tenants at affordable rents for a specified period. Funds maybe used for moderate rehabilitation efforts, with a maximum allowed of up to $25,000 per unit. The HOME assisted units will be subject to specific rent limits, and beavailable tolow- and very-low income residents. This program also provides funding for the refinancing and rehabilitation of multi-family units. Lead Agency: County of San Bernardino CDH, HOME Consortium. Geographic Location: This program is available to eligible residents citywide. Resources: HOME funds are available on a first-come first-serve basis through the City's participation in the County HOME Consortium, with approximately $939,000 allocated to this program. Accomplishments and Time Frame: No known units are proposed for assistance during the 2009- 2010 program year. The City will work with the HOME Consortium to publicize this program in Rancho Cucamonga. Program 6.1: Support applications of the Housing Authority of the County of San Bernardino for their Annual Comprehensive Grant to improve living conditions for public housing residents. Activity 6.1.1: Each year the City has certified consistency of the Housing Authority's Comprehensive Grant program with the Consolidated Plan. The City will continue to do so for the Comprehensive Plan. City of Rancho Cucamonga - 10 - _ July 2009 Community Development Block Grant Program 2009-2010 Annual Action Plan -Substantial Amendment P208 Lead Agency: Housing Authorityof the County of San Bernardino. Geographic Location: This program will benefit residents citywide. Resources: Federal housing funds. Accomplishments and Time Frame: Annually support 16 public housing applications. :; HOMELESS STRATEGIC PLAN Program 7.1: Continue to support of local homeless facilities and services. Activity 7.1.1: The City supports a variety of organizations that provide immediate assistance, advocacy, and short-term shelter to homeless individuals and families. The Citywill continue to address priority needs, and will continue to evaluate the provision of transitional shelter assistance. These agencies include: Foothill Farriily Shelter: Foothill Family Shelter operates a 90-day transitional shelter for homeless families with children. Support services are provided to enable families to obtain independence and permanent housing. They are located at 1501 W est Ninth Street, Suite D, and at 230, 238, and 294 North San Antonio Avenue in Upland, CA 91786. House of Ruth: House of Ruth provides shelter, programs, education, and opportunities for safe, self-sufficient, healthy living for battered women and their children who are at-risk of homelessness. Services provided include 24-hour emergency safe shelter for up to 30 days, 24-hour crisis intervention hotline, 24-hour emergency transportation, outreach offices, and children programs. House of Ruth is located in Claremont, at P.O. Box 457, Claremont, CA 91711. Inland Valley Council of Churches -West End Hunger Program (BONA): SOVA offers a 5-dayfood supply (15 meals) for all members of a household. SOVA helps families maintain their health and avoid homelessness by providing emergency food assistance and support services. The PVCC offers the West End Hunger Program from offices located at 635 South Taylor Avenue, Ontario, CA 91761. Lead Agency: Rancho Cucamonga Planning Department. Geographic Location: The benefits of this program occur citywide. Resources: CDBG funds: o Foothill Family Shelter: $4,870. o House of Ruth: $7,400. o SOVA: $6,810. Accomplishments and Time Frame: By June 30, 2010, assist the following: o Foothill Family Shelter - 10 families. o House of Ruth - 1,600 persons. o SOVA - 1,280 persons. :S HOMELESS ANNUAL PLAN The City's goal is to develop a comprehensive homeless assistance plan that provides a continuum of care with the purpose of ultimately assisting individuals in obtaining and retaining permanent housing: As the first priority in the plan, the City intends to continue funding those City of Rancho Cucamonga - 11 - July 2009 Community Development Block Grant Program 2009-2010 Annual Action Plan - Suhstantial Amendment P209 agencies that are able to provide the first line of defense in providing outreach and advocacy in assisting individuals and families who are homeless or at-risk of homelessness. These activities include the support of emergency shelter, sheltervouchers,fnod distribution, advocacy, and referral services. The City will continue to fund landlord/tenant activities as a means of assisting those who are at-risk.of homelessness in keeping their homes. Additional assistance will be encouraged for those agencies that provide longer-term transitional shelter and assist in the transition to permanent housing opportunities. ~: SPECIAL NEEDS Activity 8.1.1: This program will complement the City's Home Improvement Program by providing minor rehabilitation and emergency assistance to low- and moderate-income residents and senior citizen households whose income falls below 80% of the area median family income. Permitted home repairs include minor plumbing, electrical, carpentry, and roof repairs. Residents who are owner occupants are eligible to receive two visits, up to $300 per visit, and in emergencies, the allowance of a one-time material charge for up to $500. The Oldtimers Foundation is located at 8572 Sierra Avenue, Fontana, CA 92335. Lead Agency: Rancho Cucamonga Planning Department. Geographic Location: This program is available to eligible residents citywide. Resources: CDBG funds: $10,000. Accomplishments and Time Frame: By June 30, 2010, Oldtimers Foundation will assist 60 low- and moderate-income households. Activity 9.1.1: Develop and enhance senior citizen classes and activities in the focus areas of physical fitness, recreational and educational development, mental health, and emotional well-being. Lead Agency: Rancho Cucamonga Community Services Department. Geographic Location: Rancho Cucamonga Senior Center, 11200 Base Line Road. Resources: CDBG funds: $16,000. Accomplishments and Time Frame: By June 30, 2010, to have assisted 550 persons through these activities. City of Rancho Cucamonga - 12 - July 2009 Community Development Block Grant Program 2009-2010 Annual Action Plan -Substantial Amendment Program 8.1: Provide minor and emergency rehabilitation services to eligible households with emphasis on assistance to low- and moderate-income seniors. Program 9.1: Support special need services in areas where there are significant under-served needs. P210 :+ SPECIAL NEEDS ANNUAL PLAN Objectives 8 and 9, as stated above, identify actions the City intends to take over the next program year to address the needs of persons who are not homeless, but have special needs. r: NON-HOUSING COMMUNITY DEVELOPMENT NEEDS Program 10.1: Complete all necessary infrastructure and sidewalk improvements in qualified target areas. Activity 10.1.1: The City will fund the following public improvement projects: o Calle Veiar: The construction of street improvements for Calle Vejar from Hellman Avenue to Avenida Leon and Avenida Leon from Arrow Route to 150 feet north of Calle Vejar. Street improvements will include: removal of the existing pavement, construct new pavement over aggregate base, install streetlights, curbs, gutters, sidewalks, ramps for disabled, and street trees. When completed, the project will facilitate better drainage of the street and right-of- way. Because insufficient funds are available to currently complete this project, the identified funds will be banked for the future completion of these street improvements. o Sidewalk Grinding and Replacement in Identified Taroet Neighborhoods: Involves the grinding, repair, or replacement of sidewalks that are displaced and/or inaccessible. Lead Agency: Rancho Cucamonga Engineering Department and Rancho Cucamonga Public Works Services Department. Geographic Location: Calle Vejar improvements will be carried out in CT 21, BG 2. Sidewalk Grinding efforts may be carried out in all eligible neighborhoods including CT 21, BG 2, 3, 6, & 7. Resources: CDBG funds: o Calle Vejar: $381,590. (This includes $212,550 in prior yearfunds, $8,000 in reprogrammed funds, and $161,040 in new grant funds. The CDBG-R Substantial Amendment to the 2008 Annual Action Plan (approved by the City Council on June 3, 2009) provides an additional $247,685, which when combined with the budgeted $381,590 provides a total of $629,275 forthe completion of the Calle Vejar Street Improvement activity.) o Sidewalk Grinding: $22,000. Accomplishments and Time Frame: By June 30, 2010, replace approximately 3,960 square feet of sidewalk in eligible neighborhoods and complete the Calle Vejar Street Improvement activity. Program 11.1: Assist public service agencies that support groups in the highest priority categories including: fair housing counseling, landlord-tenant mediation, homeless and food assistance, emergency shelters, domestic violence shelters, and senior, youth-at-risk, and literacy programs. Ciry of Rancho Cucamonga - 13 - July 2009 Community Development Block Grant Program 2009-2010 Annual Action Plan -Substantial Amendment P211 Activity 11.1.1: The City will continue to fund public service agencies that include: Fair Housing: Fair Housing services that include education, counseling, mediation, and legal referral. Inland Fair Housing and Mediation Board is located at 10681 Foothill Boulevard, Suite 297, Rancho Cucamonga, CA 91730. Landlord Tenant Mediation: Landlord/Tenantdlspute mediation services are provided by Inland Fair Housing and Mediation Board. House of Ruth: House of Ruth provides shelter, programs, education, and opportunities for safe, self-sufficient, healthy living for battered women and their children who are at-risk of homelessness. Services provided include 24-hour emergency safe shelter (up to 30 days), 24-hour crisis intervention hotline, 24-hour emergency transportation, outreach offices, and children programs. House of Ruth is located in Claremont, at P.O. Box 457, Claremont, CA 91711. Inland Valley Hope Partners Food Security Program (BONA): SOVA offers a 5-day food supply (15 meals) for all members of a household. SOVA helps families maintain their health and avoid homelessness by providing emergency food assistance and support services. SOVA is located at 635 South Taylor Avenue, Ontario, CA 91761. Rancho Cucamonga Fontana YMCA -Your Own Club: This program is targeted to the Northtown neighborhood within CT 21, BG 6 & 7. YOC is designed to provide at-risk middle school aged youth with fun, educationally enriching and challenging value-based after school alternatives in a safe and enjoyable environment. Rancho Cucamonga Family YMCA, a branch of the West End YMCA, is ,currently located.at 11200 Base Line Road, Rancho Cucamonga, CA 91730. Oldtimers Foundation -Senior Nutrition: The nutrition program is run from the Senior Center in which 22,500 hot meals would be provided at the RC Senior Center and 16,250 meals prepared for home delivery. Oldtimers Foundation is located at 8572 Sierra Avenue, Fontana, CA 92335. Rancho Cucamonga Public LibraiV -Back To Basics: The Back to Basic program trains volunteer tutors to work with 7 to 12-year old children identified by school personnel as at-risk (challenged economically and educationally) and who are reading and writing below their grade levels. The Rancho Cucamonga Public Library is located at 7368 Archibald Avenue, and in August 2006, it will relocate to the Rancho Cucamonga Cultural Center located at 11505 Cultural Center Drive. Rancho Cucamonga Fontana YMCA- Senior Transportation: Provide senior citizens transportation to and from the Rancho Cucamonga Senior Center, as well as local grocery shopping. The program is provided by Rancho Cucamonga Family YMCA, a branch of the W est End YMCA. Camp Fire USA: The program provides a 5-day resident camp session to learn responsibility, develop skills, and gain confidence while building independence and self-reliance. The camp session is run at Camp Nawakwa, located in the Barton Flats recreation area of the San Bernardino Mountains. Camp Fire USA is located at 9037 Arrow Route, Suite 140, Rancho Cucamonga, CA 91730. Proiect Sister Family Services: Project Sister provides sexual assault and violence prevention by working with teens addressing date rape, sexual harassment, and personal safety awareness, and working with seniors, who are vulnerable sexual assault, robbery, burglary, and financial exploitation. Project Sister is located at P.O. Box 1390, Claremont, CA 91711. Rancho Cucamonga Community Services Department -Northtown Collaborative: The Northtown Collaborative is a community (youth and adult) prevention recreation/human services program provides essential human service programs as well as traditional recreational classes and activities. The program is conducted through a joint use agreement with the Cucamonga Middle School and NHDC. The Community Services Department is located at Rancho Cucamonga City Hall, 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. City of Rancho Cucamonga - 14 - July 2009 Community Development Block Grant Program 2009-2010 Annual Action Plan -Substantial Amendment P212 Hoge Through Housing Foundation: Hope Through Housing provides opportunities in career development, education, and jobs, by empowering participants with current technology. Hope's parent organization is SCHDC, which operates the apartment complexes identified in Activity 1.1.1. The program will focus on the residents of Rancho Verde Village, Monterey Village, Sycamore Springs, Mountainside Apartments, and their surrounding neighborhoods. Hope Through Housing will operate out of Rancho Verde Village apartments, 8837 Grove Avenue, Rancho Cucamonga, CA 91730. Lead Agency: Rancho Cucamonga Planning Department. Geographic Location: The benefits of this program occur citywide. Resources: CDBG funds: o Fair Housing: $11,680. o Landlord/Tenant Mediation: $9,730. o House of Ruth: $7,400. o SOVA: $6,810. o YMCA - YOC: $4,870. o Senior Nutrition: $11,270. o Back To Basics: $10,000. o YMCA -Senior Transportation: $14,600. o Camp Fire USA: $7,640. o Project Sister: $9,400. o Northtown Collaborative: $16,000. o Hope Through Housing: $4,870. Accomplishments and Time Frame: By June 30, 2010, assist the following: o Fair Housing - 388 persons. o Landlord/Tenant-228 households. o House of Ruth - 1,600 persons. o SOVA - 1,258 persons. o YMCA - YOC - 40 youth. o Senior Nutrition - 570 seniors. o Back To Basics - 132 persons.. o YMCA -Senior Transportation - 3,700 seniors. o Camp Fire USA - 20 youth. o Project Sister - 980 persons. o Northtown'Collaborative - 3,200 persons. o Hope Through Housing - 145 persons. Program 12.1: Installation of handicap wheelchair ramps at all curb returns. Activity 12.1.1: This program involves the retrofitting of existing curbs to accommodate disabled individuals. Lead Agency: Rancho Cucamonga Public Works Services Department. Geographic Location: The benefits of this program occur citywide. Resources: CDBG funds: $30,000. Accomplishments and Time Frame: By June 30, 2010, provide approximately 2,880 square feet of curbing for handicap ramps. City of Fancho Cucamonga - 15 - July 2009 Community Development Block Grant Program 2009-2010 Annual Action Plan -Substantial Amendment P213 Program 13.1: The rehabilitation of significant historic structures, with primary emphasis on residential assistance. Activity 13.1.1: The preservation and historic restoration of the Etiwanda Railway Station. The mission of this activity is to preserve the station through renovation for adaptive reuse as a museum and trailhead for the Pacific Electric Inland Trail, a 21-mile long regional trail. It is anticipated that this activity will be a multi-year program, requiring additional CDBG funds in future program years. Lead Agency: Rancho Cucamonga Planning Department. Geographic Location: The Etiwanda Railway Station is located at 7089 Etiwanda Avenue. Resources: CDBG funds: $50,000. Accomplishments and Time Frame: By June 30, 2010 assist in the preparation of design studies, planning and administrative activities, and construction activitiesforthe restoration and preservation of this historic property. Activity 13.1.2: The preservation and historic restoration of the Chaffey-Isle House and the Norton-Fisher House: Chaffey-Isle House: The preservation and historic restoration of the Chaffey- Isle House. Proposed activities will include selective demolition and modifications to secure the structure from the environment and halt the physical effects of deterioration on the structure's exterior. Historic restoration will include: rehabilitation, framing, repairing exterior siding, painting, dry walling, plumbing, and electrical. This activity will provide an additional funding towards the preservation and historic restoration of this structure. This is a multi-year program and will be completed through a cooperative effort between the City and the Etiwanda Historical Society. Norton-Fisher House: The preservation and historic restoration of this structure was completed in the 2005-2006 program year; however, additional preservation activities (including painting the exterior and repairing the front porch) are necessary. This activity will provide $35,000 for painting the exterior of the structure and repair the front porch/walkway. Lead Agency: Rancho Cucamonga Planning Department Geographic Location: The Chaffey-Isle House is located at 7086 Etiwanda Avenue and the Norton-Fisher House is located at 7165 Etiwanda Avenue. Resources: CDBG funds: $129,860. (Funding forthe Chaffey-Isle House includes $94,860 in prioryearfunds and funding forthe Norton- Fisher House includes $35,000 in reprogrammed funds). Accomplishments and Time Frame: By June 30, 2010, complete rehabilitation and preservation efforts at both the Chaffey-Isle House and the Norton-fisher House. Program 14.1: Provide for the necessary planning and administrative activities of the City of Rancho Cucamonga - 16 - July 2009 Community Development Block Grant Program 2009-2070 Annual Action Plan -Substantial Amendment P214 CDBG program. Activity 14.1.1: Includes administration of the CDBG program, the completion of program applications and performance reports, research and analysis, target area studies, historic preservation evaluations, and housing documents. Lead Agency: Rancho Cucamonga Planning Department. Geographic Location: The benefits of this program occur citywide. Resources: CDBG funds: $204,190. Accomplishments and Time Frame: By June 30, 2010, complete all administrative and program management oversight to ensure efficient and effective use of CDBG funds. Program 15.1: Support housing and Community Development activities that stimulate economic development. Activity 15.1.1: Review and evaluation of Foothill Boulevard. Foothill Boulevard, west of Haven Avenue is older with mixed uses and appears to be reaching stages of economic distress, while the area east of Haven Avenue has primarily new development and vacant land. The concern is with revitalization of the older areas and planning land use to ensure effective and balanced growth along Foothill Boulevard. Lead Agency: Rancho Cucamonga Plannirg Department. Geographic Location: Approximately six miles from Grove Avenue to East Avenue. Resources: City General Fund. Accomplishments and Time Frame: On January 16, 2002, the City Council adopted the Foothill Boulevard/Historic Route 66 Visual Improvement Plan. The City's Foothill Boulevard and Economic Task Force reviewed existing Foothill Boulevard Specific Plan policies and developed standards for softscape improvements that will occur within the street right-of-way. These improvements will include signage, street furniture, landscaping, etc, to establish a unified street theme. The Visual Improvement Plan will be implemented by private development as vacant properties fronting along Foothill Boulevard develop and through public improvements where the street frontage is currently improved. The purpose of the Visual Improvement Plan is to develop a design specification plan that will set forth design concepts for the streetscape improvements within the public rights-of-way and entry areas along the entire length of Foothill Boulevard. The plan will help guide a balanced and unified pattern of streetscape for both public and private development. By drawing upon the existing positive improvements and developing a set of unique and unifying historic elements, this plan will ensure that Foothill Boulevard will be an exciting reflection of the historic Route 66 as well as a historic Rancho Cucamonga. A variety of improvements have been installed along Foothill Boulevard, in the vicinity of the Victoria Gardens mall; however, much of the Visual Improvement Plan has not yet been implemented. Through June 30, 2010, continue with the implementation of the Foothill Boulevard/Historic Route 66 Visual Improvement Plan as it applies to development occurring along Foothill Boulevard. City of Rancho Cucamonga - 17 - Juiy 2009 Community Development Block Grant Program 2009-2010 Annual Action Plan - Substaritial Amendment P215 Program 16.1: Continue improvements to residential energy efficiency, lead-based paint hazard reduction, and code enforcementthrough the City's Home Improvement Program. Activity 16.1.1: The City currentlyfunds a Home Improvement Program in which, through the course of that activity, the rehabilitation improvements mentioned previously would be completed. A separate activity will not be developed. Lead Agency: Rancho Cucamonga Planning Department. Geographic Location: The benefits of this program occur citywide. Resources: CDBG funds. Accomplishments and Time Frame: Activity accomplishments occur through the Home Improvement Program. (See Objective 5, Activity 5.1.1.). Program 16.2: Continue funding the Graffiti Removal Program. Activity 16.2.1: City crews operate in lower income target neighborhoods to remove incidents of graffiti. Lead Agency: Rancho Cucamonga Public Works Services Department. Geographic Location: Available in all eligible target neighborhoods including CT 21, BG 2, 3, 6, & 7. Resources: CDBG funds: $22,000. Accomplishments and Time Frame: By June 30, 2010, remove approximately 15,000 square feet of graffiti. OTHER ACTIONS :: ECONOMIC DEVELOPMENT The RDA Implementation Plan includes a section on "Commercial and Industrial Economic Enhancement Programs." The objective of that program is to strengthen the economic environment of the commercial/Industrial sector of the Redevelopment Project Area. This is accomplished through a variety of programs designed to address the needs of Rancho Cucamonga's existing businesses, to attract new businesses to the City, and provide long-term employmenttostrengthen and compliment the economy of the City. Economic development goals focus on job creation, improving the quality of life to residents and businesses, increasing the City's tax base, and providing opportunities for public and private partnerships, including private investment in the community. Economic development activities focus on two basic efforts: business retention and business attraction. Currently, the RDA has successfully implemented a variety of marketing and promotion strategies suggested in the strategic plan that have leveraged the community's attributes as well as establishing a positive business related image. Through a comprehensive plan of advertisement campaigns, direct mail of newsletters, site selection information, trade shows, publishing editorials, press releases, and Internet web page, the City has managed to receive local, regional, and even national recognition. City of Rancho Cucamonga - 18 - ~ July 2009 Community Development Block Grani Program 2009-2010 Annual Action Plan -Substantial Amendment P216 Despite this success and recognition, the RDA continues to work to attract businesses that fit the general business environment of the City and achieve a greater presence in the area. The City will continue with these economic development efforts during the 2005-2006 program year. The RDA's marketing and promotion efforts have significantly affected employment, expansion, and the local tax base. From 1994-2001, more that 80 companies expanded and/or relocated creating more than 5,300 new jobs because of the Agency's marketing and promotion efforts. Although the City's success in economic development is not a direct result of the Agency's marketing and promotional efforts, the Agency has managed to facilitate that growth. Apart from the specifics of the Economic Development strategy, the Agency assists companies through participation in the following programs. The Inland Empire Small Business Development Center (SBDC), which offers a variety of resources to improve business operation including, business consulting, seminars and workshops, information resources, procurement assistance, environmental assistance, and a variety of other programs. The results of the SBDC during the past year were outstanding. Over 179 local businesses were assisted, 244 new jobs were created, and many other jobs have been retained. The SBDC has also assisted in securing $1.5 million in new financing for small businesses. ~i AFFIRMATIVELY FURTHERING FAIR HOUSING The City is currently under contract with The Planning Center to complete a comprehensive update to the City's Analysis of Impediments to Fair Housing Choice. This update is anticipated to be completed in August 2009. In 1984, the City began contracting with the Inland Fair Housing and Mediation Board (IFHMB) to provide for the education and enforcement of state and federal housing laws for all residents who request assistance. The IFHMB provides public education, mediation, counseling, testing, and legal referral services to promote fair housing. Having the IFHMB administer the Fair Housing Program assures that there are no impediments to fair housing choices. Fair Housing education is provided as a major component of the program with a goal of providing the knowledge of what is Fair Housing to all partners of the housing industry. Fair Housing outreach is provided through radio programming, mass media, brochures, and the IFHMB web site (htto://hometown.aol.com/inmedbd/index.html). Enforcement is provided through the process of mediation through the IFHMB, or a related enforcement agency. And finally, Fair Housing testing is used as a tool to gather evidence of discrimination. The Fair Housing program attempts to accomplish the primary objectives of the City's Fair Housing Impediments Analysis by providing for the education, counseling, mediation, testing, and legal referral of Fair Housing issues within the community. In May 1996, the City completed afive-year Fair Housing Analysis of Impediments (AI). The City contracted with Cotton/Bridges/Associates to update the AI, which was adopted by the City Council on December 4, 2002. While the AI identifies a number of potential issues, certain issues are beyond the ability of a local jurisdiction to address, such as those related to lending practices. The actions established at implementation of the AI represent those that can be addressed by the City and are identified below. Expanding Affordable Housing Opportunities Housing affordability alone is not necessarily a fair housing issue. However, when housing affordability issues interact with other factors covered under the fair housing laws, such as household type, composition, and race/ethnicity, fair housing concerns may arise. Moreover, the fair housing equation has two sides. One the one side is the availability of a range of housing choices and on the other side is equal access to those choices. Therefore, a community must ensure that it has a range of housing choices to meet the various needs City of Rancho Cucamonga - 19 - July 2009 Community Development Block Grant Program 2009-2010 Annual Action Plan -Substantial Amendment P217 of all income segments in the community Action 1: The City will continue to provide homeownership opportunities in the community by promoting the First-Time Homebuyer Program. The City will focus outreach efforts towards lower income households, particularly to Black, Hispanic, and Asian households, since they have more difficulty obtaining financing. Specifically the City will provide advertisements and workshops in both Spanish and English to inform residents about this program. Implementation of this action is on-going. Action 2: The City will continue to facilitate the development of housing for all income groups within the community. The City will focus on facilitating affordable housing development through a combination of financial and regulatory assistance. Specifically, the City will work to provide affordable housing throughout the community, avoiding an over- impaction of specific neighborhoods. Implementation of this action is on-going. Action 3: The City will develop a monitoring system of the RDA's lending practices for the First Time Homebuyer Program, as this program is not subject to HMDA. Rehabilitation Assistance Action 4: The City will continue to provide rehabilitation assistance for owner-occupied and investor-owned single-family housing in the community. Existing programs include the Home Improvement Grant, Deferred Payment Loan Program, and the Emergency Home Improvement Grant. The City will ensure that information about these programs be provided in the City's brochures, advertisements, and website in both English and Spanish. Implementation of this action is on-going. Action 5: The City will ensure that Spanish speaking staff is available to assist residents in the City regarding code enforcement, housing rehabilitation, and other housing services. Implementation of this action is on-going. Action 6: The City will continue to rehabilitate substandard multi-family housing in the community. Implementation of this action is on-going. Access to Information Action 7: The City will work to expand its website to provide additional links to housing services and resources, such as a link to the fair housing service provider and a link to the Fannie Mae Foundation which offers free guides and resources forfirst-time home buyers in both English and Spanish. Implementation of this action is on-going. Public Policies and Programs Action 8: The City will provide developers with federal fair housing guide information regarding accessibility requirements as part of the land use entitlement process. In addition, the City may consider incorporating accessibility compliance as part of the entitlement process. Action 9: The City will continue to pursue affordable housing development programs identified in the 2000-2004 Housing Element. To the extent feasible, the City will facilitate the development of housing affordable to lower and moderate-income households according to the Regional Housing Needs Allocation identified in the Housing Element. Outreach to Lenders Action 10: The City will work with local lenders and government institutions to provide outreach to lower income residents about government-backed financing. The City will encourage local lenders to provide information in both English and Spanish. Implementation of this action is on-going. City of Rancho Cucamonga -20- July 2009 Community Development Block Grant Program 2009-2010 Annual Action Plan -Substantial Amendment P218 Action 11: The City will encourage lenders, particularly local lenders, to hold home buying workshops in Rancho Cucamonga by Idcal lending institutions. These workshops should be held in both English and Spanish. Implementation of this action is on-going as workshops are conducted on an annual basis. Action 12: The Citywill explore regional effort to study predatory lending issues and support state and federal initiatives to address predatory lending practices. Discuss with the fair housing service provider a regional study of predatory lending and ongoing support of anti- predatorylending initiatives. Fair Housing Services Action 13: The fair housing service provider will continue to conduct fair housing workshops for residents, apartment owners, and property managers. The City will encourage the fair housing service provider to coordinate with the real estate associations regarding fair housing training. Implementation of this action is on-going by providing annual training opportunities. HMDA Monitoring Action 14: The fair housing service providerwill monitor complaints regarding unfair lending, and assess lending patterns using the Home Mortgage Disclosure Act Data (HMDA) and other data sources. The City continues to monitor HMDA and other data on an annual basis. Action 15: The City will work with the fair housing service provider to ensure, that an increased number of fair housing tests be performed in the City. Testing will be conducted periodically. ~+ OBSTACLES TO MEETING UNDER-SERVED NEEDS The primary obstacle identified toward meeting under-served needs is a lack of available resources. This obstacle is and will continue to be an issue. The best way to address this matter is to combine efforts and resources and tap new funding sources. The City is striving to form public/private partnerships as well as seeking out new sources of funding, such as HOME funds to better leverage available funding. :: ACTIONS TO FOSTER AND MAINTAIN AFFORDABLE HOUSING A majority of the objectives and actions identified as part of this Annual Action Plan are specifically aimed at increasing and maintaining the City's existing affordable housing stock. Activities such as new construction, conservation of at-risk units, and preservation of existing units are all striving to increase the affordable housing stock. :: ACTIONS TO REMOVE BARRIERS TO AFFORDABLE HOUSING There were no significant barriers to affordable housing identified that would need to be revised or amended. All regulations and policies currently in-place are necessary in order to maintain the public health, safety, and welfare. City of Rancho Cucamonga - 21 - July 2009 Community Development Block Grant Program 2009-2010 Annual Action Plan -Substantial Amendment P219 ii ACTIONS TO EVALUATE AND REDUCE LEAD-BASED PAINT HAZARDS In conjunction with the Home Improvement Program, the City will continue to implement federal requirements concerning lead-based paint reductions. HUD requires that for any program utilizing CDBG funds, all owners, and/ortenants be notified in writing about the dangers of lead-based paint. Units constructed prior to 1978, which are occupied by children under the age of seven, are inspected for defective paint surfaces. If a child residing in the home has an elevated blood lead level, then defective chewable surfaces will be treated and lead abated. It is also recommended that housing rehabilitation efforts carried out by the RDA also follow the same guidelines. :: ACTIONS TO REDUCE THE NUMBER OF POVERTY LEVEL FAMILIES The City has relatively little control over the many factors that may affect the determination of an individual's income level. The primary activity that maybe utilized bythe City is the support of public service agencies that incorporate job training and life development skills into their programs, which includes most of the agencies currently receiving CDBG funding. The activities funded by the City, particularly those related to non-housing community development, act indirectly to increase economic development in the City. The City, through its CDBG contract activities, complies with Section 3 requirements encouraging the employment of local low-income individuals. From a housing perspective, all of the priorities, objectives, and programs aimed at increasing affordable housing also increase the stock of housing available to those in the lowest income categories. ~: ACTIONS TO DEVELOP INSTITUTIONAL STRUCTURE AND ENHANCE COORDINATION The Consolidated Plan evaluated gaps in the institutional structure and actions that might be taken to strengthen the system. It was determined that one main action that can be taken toward this is increasing expertise of staff and City Council, which in turn will increase the CDBG program efficiency and effectiveness. Increased contact and coordination among City departments will also contribute to the CDBG program's effectiveness. The City will continue to encourage direct contact between itself and the Public Housing Agency and other service providers operating in the region. Most of the coordination efforts in the west end are tied to funding resources and the type of service provided. ~; PUBLIC HOUSING IMPROVEMENTS Each year the City reviews the Annual Comprehensive Grant application submitted by the Housing Authority whereby the City must certify consistency of the activities with the goals and objectives of the Consolidated Plan. 'r: MONITORING Monitoring serves as an effective tool to ensure that federal funds are spent in a manner consistent with the CDBG National Objectives and that the programs and projects are achieving stated goals. The following outlines basic monitoring requirements that are followed in the implementation of the CDBG program. Standards Utilized for Review: o Is the program meeting intended objectives? o Is the agency capable of tracking and/or documenting necessary benefit information and carrying out the responsibilities of its program consistent with federal requirements? o Is appropriate and accurate documentation submitted in a timely manner? City of Rancho Cucamonga - 22 - July 2009 Community Development Block Grant Program 2009-2010 Annual Action Plan -Substantial Amendment P220 Monitoring Procedures for Construction Projects -All construction projects are expected to comply with federal labor and procurement procedures as well as the various affirmative action and equal opportunity requirements required by various federal and state laws. To ensure this end, CDBG staff developed a Procurement and Contract Compliance Manual that outlines the various procedures and steps required as part of contract management. The CDBG coordinator oversees and reviews contract preparation at each step from bid preparation, contract document preparation, pre-construction meetings, and ongoing project inspections. Monitoring Procedures for Subrecipient Agencies -All Subrecipient agencies must sign a contract with the City in which the various scope of work, time line, and documentation requirements are outlined. On a monthly basis, each Subrecipient must submit detailed information regarding the number, ethnicity, and income level of individuals benefiting with CDBG funds. Quarterly summary reports are required of some agencies in which further information is provided on activities accomplished in that quarter. The City's monitoring goal is to conduct an on-site inspection of each agency at least once a year, preferably toward the end of the funding cycle. CITIZEN PARTICIPATION The preparation of a representative and useful Annual Action Plan is the result of an effective citizen participation process. The City of Rancho Cucamonga encourages and solicits the participation of its residents in accordance with the provisions of its Citizen Participation Plan. The following steps were taken to ensure adequate public participation. 1. A public notice of available funds and soliciting project applications was published in the Inland Vallev Daily Bulletin on November 24, 2008. Copies of the notice were also posted at City Hall and mailed to approximately 35 individuals and organizations. 2. Notice regarding the 30-day review period and availability of the draft 2009-2010 Annual Action Plan and notice of the public hearing was published in the Inland Vallev Daily Bulletin on March 16, 2009. Letters providing notice of the public hearing and indicating the documents availability were mailed to surrounding jurisdictions, the County of San Bernardino, and the Housing Authority of the County of San Bernardino. Copies of the notice were posted at City Hall. The public hearing was held on April 15, 2009. 3. Notice regarding the public hearing for adoption of the 2009-2010 Annual Action Plan was published in the Inland Vallev Daily Bulletin on April 21, 2009. Copies of the notice were posted at City Hall. The public hearing was held on May 6, 2009. 4. Notice regarding the 30-day review period and availability of the draft Substantial Amendment to the 2009-2010 Annual Action Plan and notice of public hearing was published in the Inland Vallev Daily Bulletin on Tuesday, June 2, 2009. The public hearing was held on Wednesday, July 1, 2009. Ciry of Rancho Cucamonga - 23 - July 2009 Community Development Block Grant Program 2009-2010 Annual Action Plan -Substantial Amendment P221 APPENDIX "A" -EXECUTIVE SUMMARY ~3 PURPOSE OF THE CONSOLIDATED PLAN The Consolidated Plan is a comprehensive 5-year strategy that addresses the use of federal grant/entitlement funds, such as CDBG funds to meet the goal of providing decent housing, a suitable living environment, and expanded economic opportunities principally for persons oflow- and moderate-income. ~: PURPOSE OF THE ANNUAL ACTION PLAN The Annual Action Plan identifies specific projects consistent with the Consolidated Plan 5-year strategy listing the projects, programs, and resources that will be utilized during the program year. During the 2009-2010 program year, the City will receive an entitlement allocation of $1,020,958, and the Gity expects to receive $30,000 in revolving loan program income. These funds will be used to support the following housing and community development activities. Project Type I Implementing Agency I Prior Year / I FY 2009!2010 I Total Available Reprogram Allocation / Revolving Sidewalk Grinding Rancho Cucamonga Public Works Services De t. $0.00 $22,000.00 $22,000.00 Wheelchair Ramps Rancho Cucamonga Public Works Services De t. $0.00 $30,000.00 $30,000.00 Etiwanda Railwa Station Rancho Cucamon a Plannin De t. $0.00 $50,000.00 $50,000.00 Chaffe -Isle House Rancho Cucamon a Plannin De t. $94,860.00 $0.00 $94.860.00 Norton-Fisher House Rancho Cucamon a Plannin De t. $35,000.00 $0.00 $35,000.00 Calle Ve'ar Rancho Cucamon a En ineerin De t. $220,550.00 $350,410.00 $161.040.00 $263,040.00 $381,590.00 $613,450.00 Graffiti Removal Rancho Cucamon a En ineerin De t. $0.00 $22,000.00 $22,000.00 Fair Housin Inland Mediation Board $0.00 $11,680.00 $11,680.00 Landlord/Tenant inland Mediation Board $0.00 $9,730.00 $9,730.00 Emer enc Shelter Foothill Famil Shelter $0.00 $4,870.00 $4,870.00 Emer enc Shelter House of Ruth $0.00 $7,400.00 $7,400.00 Food Distribution SOVA $0.00 $6,810.00 $6,810.00 Youth Activi YMCA -Your Own Club $0.00 $4,870.00 $4,870.00 Senior Trans ortation West End YMCA $0.00 $14,600.00 $14,600.00 Senior Pro rams Rancho Cucamon a Communi Services $0.00 $16,000.00 $16,000.00 Human Services/Recreation Northtown Collaborative $0.00 $12,000.00 $12,000.00 Literac Rancho Cucamon a Public Libra $0.00 $10,000.00 $10,000.00 Food Distribution Oldtimers Foundation $0.00 $11,270.00 $11,270.00 Youth Activi Cam Fire USA $0.00 $7,640.00 $7,640.00 Sexual Assault Assistance Project Sister $0.00 $9,400.00 $9,400.00 CareedEducationiJobs Hope Throu h Housing Foundation • • ~ • ~ $0.00 $0.00 S380,410.00 $4,870.00 $153,140.00 51,020,958.00 $4,870.00 5153,140.00 51,401,368.00 City of Rancho Cucamonga A - 1 July 2009 Community Development Block Grant Program 2009-2010 Annual Action Plan -Substantial Amendment P222 APPENDIX "B" -SUMMARY OF AFFORDABLE HOUSING 5-YEAR AND 1-YEAR GOALS In identifying the outcome/objective, the City or Rancho Cucamonga follows the numbering system developed by the HUD CPD Performance Measurement System. The outcome/objective numbers are as follows: Availabili /Accessibility Affordability Sustainability Decent Housin DH-1 DH-2 DH-3 Suitable Livin Environment SL-1 SL-2 SL-3 Economic O ortunf EO-1 EO-2 EO-3 AFFORDABLE HOUSING Specific Objective ~ Outcome/Objective Specific Objective ~• Source of Funds Performance Year Expected Indicator Number Actual Number Percent Complete 1.1 Acquisition of existing multiple-family units to be held for RDA, 2005 200 117 58.5 future affordable housing stock. CHFA 2006 40 D 0 0°0 2007 0 0 0.0% 2008 0 2009 0 1.2 Acquistion and rehabilitation of existing single-family RDA, 2005 1 0 D.0 homes. CHFA 2006 0 0 D.0% 2007 0 0 0.0 2008 0 % 2009 0 % 2.1 Construction of affordable (multi-family) units. RDA, 2005 6 0 0.0°~ HOME 2006 0 0 0.0°k 2007 356 0 0.0% 2008 0 2009 0 °~ 2.2 Construction of single-family infill development in low- RDA, 2005 5 0 0.0°,6 and moderate-income neighborhoods. CHFA 2006 0 0 0.0% 2007 0 0 0.0 % 2008 0 U MULTI-YEAR GOAL 5 i 0 =?`~ 3.1' Support applications by the Housing Authority of San Federal 2G0~ 170 i '~ 70 I 100 0°-6 Bemarclino County for future Section 8 and public Housing 2006 170 170 100.0 % housing assistance. ' Funds 2007 170 170 100.0% These figures are not cumulative, but represent the 2008 170 number of units operated by the Housing Authority during the program year. 2009 170 ~ °k 4.1 Administer a City sponsored Home Buyer Program. RDA 2005 10 1 10.0% 20% Set 2006 t 0 8 80.0 Aside 2007 10 10 100.0 % 2008 10 2009 10 4.3 Assist the NHDC First-Time Home Buyer Program. RDA 2005 6 0 0.0% 2006 6 0 0.0 2007 0 0 0.0 2008 0 ~ ~ - 20~~J9 ~ MULTI-YEAR GOAL 12 I 0 <r ~ ;, 5.1 Provide moderate rehabilitation of owner occupied, CDBG 12G:i 4c , - single-family and mobile homes for extremely low-, low-, 2006 40 48 12QC% and moderate-income homeowners. 2007 40 43 107.5% 2006 40 °k 2009 40 °k 6.1' Support applications of the Housing Authority for their Federal 2005 16 16 100.0 Annual Comprehensive Grant to improve living conditions Housing 2006 16 16 100.0 for public housing residents. ' Funds 2007 16 16 100.0 These figures are not cumulative, but represent the 2008 16 number of units operated by the Housing Authority during the program year. 2009 16 ~ . °~ City of Rancho Cucamonga B - 1 July 2009 Community Development Block Grant Program 2009-2010 Annual Action Plan -Substantial Amendment P223 HOMELESS Specific Objective Outcome/Objective Specific Objective Source of Funds Performance Indicator Year Expected Number Actual Number Percent Complete 7.1 Continue to su rt local homeless facilities and services Foothill Family Shelter (hh} CDBG 2005 10 63 630.0°0 (Consolidated Plan 5-Year Goal = 50) 2006 10 46 460.0 2007 10 40 400.0% 2008 10 °k 2009 10 House of Ruth (p) CDBG 2005 1,600 1,611 100.7% (Consolidated Plan 5-Year Goal = 8,000} 2006 1,600 358 22.4% 2007 1, 600 309 19.3 2008 1, 600 2009 1,600 West End Hunger Program (BONA) (p) CDBG 2005 1,280 676 52.8% (Consolidated Plan 5-Year Goal = 6,400) 2006 1,280 488 38.1% 2007 1,280 681 53.2°/ 2008 1.280 F'009 MULThYEAR GOAL. ' ,280 6,400 1,645 -: _ TOTAL 14 450 4,272 SPECIAL NEEDS Specific Objective ~ 8.1 Outcome/Objective Specific Objective ~ Provide minor and emergency rehabilitation services to Source of Funds CDBG Pertormance Year Expected Indicator Number 2005 6D Actual Number 46 Percent Complete 76.6% eligible households with emphasis on assistance to low- 2006 60 49 81.6°k and moderate-income seniors. 2007 60 49 81.6 % 2008 60 °k 2009 60 °,G 9.1 Support special need services in areas where there are CDBG 2005 550 550 100.0% significant under-served needs. 2006 550 550 100.0 % 2007 550 550 100.0 % 2008 550 °k 2009 550 2;200 '-;~ ; °k NON-HOUSING COMMUNITY DEVELOPMENT NEEDS Specific Objective Outcome/Objective Specific Objective Source of Funds Performance Indicator Year Expected Number Actual Number Percent Complete 10.1 Com lete all necessa infrastructure and sidewalk im rove ments in ua lified target areas. Old Town Park CDBG 2005 NIA N/A 0.0°~ 2006 NIA N/A 0.0 % 2007 1 1 100.0% 2008 NIA 2009 NIA Sidewalk Grinding and Replacement CDBG 2005 3,960 17,135 432.7 2006 3,960 3,250 82.1 2007 3,960 416 10.5% 2008 3.960 % 2009 3.960 EAR GOAL~i:= =f'F'19~00Y`Y: ,>~7<-. % -- HeIImaNArrow Drainage Improvements • CDBG 2005 1 0 0.0°k 2006 1 0 0.0 2007 1 0 0.0% 2008 N/A ^~J9 'J `r MULTI-YEAR GOAL 1 I 0 City of Rancho Cucamonga B - 2 July 2009 Community Development Block Grant Program 2009-2010 Annual Action Plan -Substantial Amendment P224 NON-HOUSING COMMUNITY DEVELOPMENT NEEDS (cont.) Specific Objective OutcomelObjective Specific Objective Source of Funds PeAormance Indicator Year Expected Number Actual Number Percent Complete 11.1 Assist public service agencies that support groups in the highest priority categories including: fair housing counseling, landlord-tenant mediation, homeless and food assistance, emergency shelters, domestic violence shelters, and senior, youth-at-risk, and literacy ro rams. Fair Housing CDBG 2005 388 63 16.2% (Consolidated Plan 5-Year Goal = 1,940) 2006 388 100 25.7% 2007 388 42 10.8°k 2008 388 % 2009 388 °~ LandlordlTenant Mediation CDBG 2005 228 765 335.5% (Consolidated Plan 5-Year Goal = 1,140) 2006 228 843 369.7 2007 228 599 262.7 2006 228 % 2009 228 ;2;207~~: °k Youth-At-Risk (YMCA Your Club, Northtown CDBG 2005 3,240 5,037 155.5 % Collaborative) 2006 3,240 4,900 151.2% (Consolidated Plan 5-Year Goal = 800) 2007 3,240 5,901 182.1% 2008 3,240 House of Ruth CDBG 2009 2005 3,240 1,600 1,611 100.7 (Consolidated Plan 5-Year Goal = 8,000) 2006 1,600 358 22.4% 2007 1,600 309 19.3% 2008 1,600 % 2009 1,600 % Family Literacy (Back 2 Basics) CDBG 2005 132 71 53.8°k (Consolidated Plan 5-Year Goal =500) 2006 132 75 56.8% 2007 132 110 63.3% 2008 132 % 2009 132 % <25S'; _ Oldtimers Senior Nutrition CDBG 2005 570 5.504 965.6°k (Consolidated Plan 5-Year Goal = 2,850) 20D6 570 5,792 1,016.1 2007 570 6,238 1,094.3% 2008 570 zoos s7o % SOVA CDBG 2005 1,260 676 52.8% (Consolidated Plan 5-Year Goal = 6,400) 2006 1,280 486 38.8% 2007 1,280 259 20.6 20nA 1,280 MULTI -YEAR GOAL 6,4D0 1,423 - ~ ?~; ~ ~ __ TOTAL 17,910. _ 21,4@1 ,: ; City of Rancho Cucamonga B - 3 July 2009 Community Development Block Grant Program 2009-2010 Annual Action Plan -Substantial Amendment P225 NON-HO USING COMMUNITY DEVELOPMENT NEE DS (cont.) Specific Objective Outcome/Objective Specific Objective • Source of Funds Performance Year Expected Indicator Number Actual Number Percent Complete 12.1 ~ Installation of handicap wheelchair ramps at all curb CDBG 2005 2.880 276 12.1% returns. 2006 2,880 456 15.8 2007 2,880 204 7.1% 2008 2,880 ~ ~ _ 2009 2,880 i 7J_=?YEAR GOAL ' " : -14,400 - 936 - ~, ~ - 13.1 The rehabilitation of significant historic structures, with CDBG _ 2005 I 3 3 I ~ ' :~'' ! = primary emphasis on residential assistance. 2006 3 3 _ t DG o ;-~ (Numbers are not cumulative but represent the number of 2007 3 3 100.0% properties assisted each program year.} 2008 2 • • . 2009 3 I UiTT1~i'EARiGQA - 3 - I - ~; 3 15.1 Support housing and Community Development activities RDA, 2005 t i __ t oc c°~ that stimulate economic development. General 2006 t 1 _ 100.0°o Fund 2007 1 1 100.0% 2008 1 r ~_ 2009 1 rh ~&f~~ w 16.2 Continue funding a Graffiti removal program. CDBG 2005 14,999 13.903 92.72„ (Expected and Actual are represented in square feet of 2D06 14,999 80.040 533,6°a graffiti removed.} 2007 14,999 41,010 273.4% 2D08 14.999 2009 'x.999 ` 3 ' ' - ,EAF~ GOAL ~; "74,995 134,953 City of Rancho Cucamonga B - 4 July 2009 Community Development Block Grant Program 2009-2010 Annual Action Plan -Substantial Amendment P226 APPENDIX "C" -ATTACHMENTS SUPPORTING MAPS: PROPOSED PROJECTS AND LOW-MOD INCOME SUPPORTING FORMS: FUNDING SOURCES, CONTINUUM OF CARE GAPS ANALYSIS, SPECIAL NEEDS/NON-HOMELESS, HOUSING NEEDS, AND COMMUNITY NEEDS LISTING OF PROPOSED PROJECTS CERTIFICATIONS Ciry of Rancho Cucamonga ~ C - 1 July 2009 CommuniTy Development Block Grant Program 2009-2010 Annual Action Plan -Substantial Amendment _. ----- y _ ~ ' i ~ -. 1 _ L .. _ - _ _." ._ _ __ -..- .-_-- - l,./ .. _. .._ _ _. - __ ...~... _ ~ .~ ~ ~ fA C ~ - _._ ._ I ' r I - ` ~ Q ' 11 X11_,1 ~ 11 ~ 11 ~ ,` ~ ~. _ C - ~ ~ . ~~. r t 1 _ I 1 _ 11 _ 1- ~. ~ ~ d ~ P ,r ` ~., ~ 3 C N O '` "y OJU . 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N C (a a °f .~ w ~a c ~ c O d o ~ a~ ~ Q ~ o>~ a o~ y " E E c9 a~ap~ tl) W V tl! of y E ~ o,~ ~ - W V~ ~~y o,m G~ ao C C Q a•~ d ~ ~ a O U 4 d ~~ ~- ~ ~ ~ ~ .-. t ~ y ~ I, '. _ ~ ~ ; ': ~ .. I. P228 Funding Sources Entitlement Grant (includes reallocated funds) CDBG $1,020,958 ESG $p HOME $p HOPWA $0 Total $1,020,958 Prior Years' Program Income NOT previously programmed or reported CDBG $30,000 ESG $p HOME $p HOPWA $p Total $30,000 Reprogrammed Prior Years' Funds CDBG ESG HOME HOPWA Total Total Estimated Program Income Section 108 Loan Guarantee Fund TOTAL FUNDING SOURCES Other Funds Submitted Proposed Projects Totals Un-Submitted Proposed Projects Totals $350,410 $0 $0 $0 $350,410 $0 $0 $1,401,368 $0 $1,401,368 $0 P229 P230 Continuum of Care: Gaps Analysis -Individuals ocumunns Estimated Current Unmet Need/ Relative Needs Inventory Gap Priority Emergency Shelter 50 10 40 Med Transitional Housing ~ 0 0 Med Permanent Housing ~ 0 0 Low Total 50 10 40 ~sumatiea oupporuve oernces ~iozs Job Training ~ 0 0 None Case Management ~ 0 0 None Substance Abuse Treatment 0 0 0 None Mental Health Care 0 0 0 None Housing Placement 0 0 0 None Life Skills Training ~ 0 0 None ~surnarea auo-ropuiauuns Chronic Substance Abusers 0 0 0 Med Seriously Mentally III 0 0 0 None Dually-Diagnosed ~ 0 0 None Veterans 0 0 0 None Persons with HIV/AIDS ~ 0 0 None Victims of Domestic Violence 0 0 ~ 0 None Youth 0 0 0 None Other Categories Asked To Leave By Roommates ® 0 ® Hi h Job Loss ~ 0 0 Hi h Unable To Pay Rent/Utilities ~ 0 0 Hi h P231 Continuum of Care: Gaps Analysis -Persons in Families with Children esevsiunrcs Estimated Current Unmet Need/ Relative Needs Inventory Gap Priority Emergency Shelter 14 ~ 11 Hi h Transitional Housing ~ 0 0 Med Permanent Housing . ~~ 0 0 Low Total 14 3 11 csumaiev auppvrnve JeNICBS Slots Job Training ~~ 0 ~ None Case Management ~~ ~ 0 None Child Care 0 0 0 None Substance Abuse Treatment ~ 0 0 None Mental Health Care 0 0 0 None Housing Placement 0 0 0 None Life Skills Training ~ 0 0 None csnmacev auv-ropuiauons Chronic Substance Abusers ~ 0 0 None Seriously Mentally III 0 0 0 None Dually-Diagnosed ~ 0 0 None Veterans ~ 0 0 None Persons with HIV/AIDS ~ 0 0 None Victims of Domestic Violence 0 0 0 None Other Categories Asked To Leave By Roommates ® 0 ® Hi h Job Loss ~ 0 0 Hi h Unable To Pay RenUUtilities 0 0 0 Hi h P232 Special Needs/Non-Homeless Priority Need Estimated $ Elderly Hi h $2,000,000 Frail Elderly Low $0 Severe Mental Illness Low $0 Developmentally Disabled Hi h $50,000 Physically Disabled Hi h $750,000 Persons with Alcohol/Other Drug Addiction Med S32,000 Persons with HIV/AIDS Low $0 TOTAL $2,832,000 P233 Housing Needs . ~~~.`~ Need Level Units Estimated $ Small Related 0 - 30% of MFI Hi h 355 $0 31 - 50%of MFI Hi h 451 $0 51 - 80% of MFI Med 791 $0 Large Related 0 - 30% of MFI Hi h 70 $0 31 - 50% of MFI Hi h 105 $0 51 - 80% of MFI Med 303 $0 Elderly 0 - 30% of MFI Hi h 222 $0 31 - 50%of MFI Hi h 133 $0 51 - 80% of M FI Med 136 $0 All Other 0 - 30%of MFI Hi h 210 $0 31 - 50% of MFI Hi h 231 $0 51 - 80% of MFI Med 566 $0 ~.. ~ ~~~ 0 - 30% of MFI Hi h 31 - 50% of MFI Hi h 51 - 80% of MFI Med 731 975 1,928 $0 $0 $o Community Needs Hnn-came rrograms Need Level Units Estimated $ Overall None 0 $0 Sub-Categories Crime Awareness (051) None 0 $0 ~cYlwnul. vcvmYNulcn~ Overall Sub-Categories Rehab; Publicly or Privately-Owned Commer (14E) CI Land AcquisitioNDisposition (17A) CI Infrastructure Development (176) CI Building Acquisition, Construction, Re (17C) Other Commercial/Industrial Improvements (17D) ED Direct Financial Assistance to For-Pro (18A) ED Technical Assistance (18B) Micro-Enterprise Assistance (18C) Need Level Units Estimated $ Low 0 $0 None 0 $0 None 0 $p None 0 $0 None 0 $0 None 0 $0 None 0 $0 None 0 $0 None 0 $0 11111 YJ41 YY~YIG Overall Sub-Categories Flood Drain Improvements (031) Water/Sewer Improvements (03J) Street Improvements (03K) Sidewalks (03L) Tree Planting (03N) ' Removal of Architectural Barriers (10) Privately Owned Utilities (11) Need Level Units Estimated $ High 16 $1,478,000 Med 1 $8,000 None 0 $0 High ~ 5 $1,250,000 High 10 $220,000 None 0 $0 None 0 $0 None 0 $0 rianinny oc r~ammisirauon Need Level Units Estimated $ Overall High 0 $D Sub-Categories P234 Community Needs (Page 2) 1-YVIIV 1 OVIIIIIGJ Overall Need Level Units Estimated $ Med 2 $800,000 Sub-Categories Public Facilities and Improvements (Gener (03) High 1 $500,000 Handicapped Centers (036) None 0 $0 Neighborhood Facilities (03E) None 0 $0 Parks, Recreationa_ I Facilities (03F) Med 1 $300,000 Parking Facilities (03G) None 0 $0 Solid Waste Disposal Improvements (03H) None 0 $0 Fire Stations/Equipment (030) None 0 $0 Health Facilities (03P) None 0 $0 Asbestos Removal (03R) None 0 $0 Clean-up of Contaminated Sites (04A) None 0 $0 Interim Assistance (O6) None 0 $0 Non-Residential Historic Preservation (166) None 0 $0 Overall Need Level Units Estimated $ Med 26 $866,250 Sub-Categories Public Services (General) (O5) High 25 $850,000 Handicapped Services (O56) None 0 $0 Legal Services (OSC) None 0 $0 Transportation Services (OSE) None 0 $0 Substance Abuse Services (OSF) None 0 $0 Employment Training (OSH) None 0 $0 Health Services (05M) None 0 SO Mental Health Services (O5O) None 0 $0 Screening for Lead-Based Paint/Lead Hazar (O5P) High 1 $16,250 acnw~ rr~y~ams Need Level Units Estimated $ Overall High 11 $1,980,000 Sub-Categories Senior Centers (03A) High 1 $1,750,000 Senior Services (O5A) High 10 $230,000 P235 Community Needs (Page 3) ,..,,.,~ ~,~y,a,,,~ Overall Sub-Categories Youth Centers (03D) Child Care Centers (03M) Abused and Neglected Children Facilities (03Q) Youth Services (OSD) Child Care Services (O5L) Abused and Neglected Children (OSN) Need Level Units Estimated $ Med 5 $50,000 None 0 $0 None 0 $0 None 0 $0 High 5 $50,000 None 0 $0 None 0 $0 .,,,,~, Need Level Units Estimated $ Overall None 0 $0 Sub-Categories Urban Renewal Completion (07) None 0 $0 CDBG Non-profit Organization Capacity Bui (19C) None 0 $0 CDBG Assistance to Institutes of Higher E (19D) None. 0 $0 Repayments of Section 108 Loan Principal (i9~ None 0 $0 Unprogrammed Funds (22) None 0 $0 P236 P237 0 0 0 0 0 0 °' w m to w r» N N H ~ N d ~ ~ c ~ O c fA LL C c ¢ ~ d •'O m w a -' O c c7 ~ O O r 5 p Q_ lL U W H O d Q N ,~; 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NON-STATE GOVERNMENT CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Ad of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide adrug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about - a. The dangers of drug abuse in the workplace; b. The grantee's policy of maintaining adrug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the pertormance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain adrug-free workplace through implementation of paragraphs 1, 2, 3, 4, s and 6. CPMP Non-State Grantee Certifications 1 Version 1.3 P264 Jurisdiction Anti-Lobbying -- To the best of the jurisdiction's knowledge and belief: 8. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 9. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 10. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of ]urisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature/Authorized Official Donald Kurth MD Name Ma or Title 10500 Civic Center Drive Address Rancho Cucamon a CA 91730 City/State/Zip 909 477-2700 Telephone Number July 1, 2009 Date CPMP Non-State Grantee Certifications 2 Version 1.3 P265 Jurisdiction Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following aPlan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria: 11. Maximum Feasible Priority -With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); - 12. Overall Benefit -The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2009, 2_, 2_, (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 13. Special Assessments - It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. ]n this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It has adopted and is enforcing: 14. A policy prohibiting the use of excessive force by taw enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 15. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; CPMP Non-State Grantee Certifications 3 Version 1.3 Jurisdiction Compliance With Anti-discrimination laws -- The grant will be conducted and administered in' conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint -- Its activities concerning lead-based paint will comply with the requirements of part 35, subparts A, B, J, K and R, of title 24; Compliance with Laws -- It will comply with applicable laws. Signature/Authorized Official Donald Kurth MD Name Ma or .Title 10500 Civic Center Drive Address Rancho Cucamon a CA 91730 City/State/Zip 909 477-2700 Telephone Number July 1, 2009 Date P266 CPMP Non-State Grantee Certifications 4 Version 1.3 P267 Jurisdiction OPTIONAL CERTIFICATION CDBG Submit the following certification only when one or more of the activities in the action plan are designed to meet other community development needs having a particular urgency as specified in 24 CFR 570.208(c): The grantee hereby certifies that the Annual Plan includes one or more specifically identified CDBG-assisted activities, which are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources are not available to meet such needs. Signature/Authorized Official Donald Kurth MD Name Ma or Title 10500 Civic Center Drive Address Rancho Cucamon a CA 91730 City/State/Zip 909 477-2700 Telephone Number July 1, 2009 Date CPMP Non-State Grantee Certifications 5 Version 1.3 Jurisdiction Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance -- If the participating jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs -- it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in § 92.214. Appropriate Financial Assistance -- before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signature/Authorized Official Donald Kurth MD Name Ma or Title 10500 Civic Center Drive Address Raricho Cucamon a CA 91730 City/State/Zip 909 477-2700 Telephone Number July 1, 2009 Date P268 CPMP Non-State Grantee Certifications 6 Version 1.3 Jurisdiction HOPWA Certifications The HOPWA grantee certifies that Activities -- Activities funded under the program will meet urgent needs that are not being met by available public and private sources. Building -- Any building or structure assisted under that program shall be operated for the purpose specified in the plan: 1. For at least 10 years in the case of assistance involving new construction, substantial rehabilitation, or acquisition of a facility, 2. For at least 3 years in the case of assistance involving non-substantial rehabilitation or repair of a building or structure. Signature/Authorized Official Donald Kurth MD Name Ma or Title 10500 Civic Center Drive Address Rancho Cucamon a CA 91730 City/State/Zip 909 477-2700 Telephone Number July 1, 2009 Date P269 CPMP Non-State Grantee Certifications 7 Version 1.3 P270 Jurisdiction ESG Certifications I, Donald Kurth, MD, Chief Executive Officer of Jurisdiction, certify that the local government will ensure the provision of the matching supplemental funds required by the regulation at 24 CFR 576:51. I have attached to this certification description of the sources and amounts of such supplemental funds. I further certify that the local government will comply with: 1. The requirements of 24 CFR 576.53 concerning the continued use of buildings for which Emergency Shelter Grants are used for rehabilitation or conversion of buildings for use as emergency shelters for the homeless; or when funds are used solely for operating cdsts or essential services. 2. The building standards requirement of 24 CFR 576.55. 3. The requirements of 24 CFR 576.56, concerning assurances on services and other assistance to the homeless. 4. The requirements of 24 CFR 576.57, other appropriate provisions of 24 CFR Part 676, and other applicable federal laws concerning nondiscrimination and equal. opportunity, 5. The requirements of 24 CFR 576.69(b) concerning the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. 6. The requirement of 24 CFR 576.59 concerning minimizing the displacement of persons as a result of a project assisted with these funds. 7. The requirements of 24 CFR Part 24 concerning the Drug Free Workplace Act of 1988. 8. The requirements of 24 CFR 576.66(a) and 676.65(b) that grantees develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any pfojed assisted with ESG funds and that the address or location of any family violence shelter project will not be made public, except with written authorization of the person or persons responsible for the operation of such shelter. 9. The requirement that recipients involve themselves, to the maximum extent practicable and where appropriate, homeless individuals and families in policymaking, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities as provided by 24 CFR 76.56. lO.The requirements of 24 CFR 576.67(e) dealing with the provisions of, and regulations and procedures applicable with respect to the environmental review responsibilities under the National Environmental Policy Act of 1969 and related CPMP Non-State Grantee Certifications 8 Version 1.3 P271 Jurisdiction authorities as specified in 24 CFR Part 58. 11. The requirements of 24 CFR 576.21(a)(4) providing that the funding of homeless prevention activities for families that have received eviction notices or notices of termination of utility services will meet the requirements that: (A) the inability of the family to make the required payments must be the result of a sudden reduction in income; (B) the assistance must be necessary to avoid eviction of the family or termination of the services to the family; (C) there must be a reasonable prospect that the family will be able to resume payments within a reasonable period of time; and (D) the assistance must not supplant funding for preexisting homeless prevention activities from any other source. 12. The new requirement of the McKinney-Vento Act (42 USC 11362) to develop and implement, to the maximum extent practicable and where appropriate, policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent such discharge from immediately resulting in homelessness for such persons. I further understand that state and local governments are primarily responsible for the care of these individuals, and that ESG funds are not to be used to assist such persons in place of state and local resources. 13. HUD's standards for participation in a local Homeless Management Information System (HMIS) and the collection and reporting of client-level information. I further certify that the submission of a completed and approved Consolidated Plan with its certifications, which act as the application for an Emergency Shelter Grant, is authorized under state and/or local law, and that the local government possesses legal authority to carry out grant activities in accordance with the applicable laws and regulations of the U. S. Department of Housing and Urban Development. Signature/Authorized Official Donald Kurth MD Name Ma or Title 10500 Civic Center Drive Address Rancho Cucamon a CA 91730 City/State/Zip 909 477-2700 Telephone Number July 1, 2009 Date CPMP Non-State Grantee Certifications 9 Version 1.3 Jurisdiction APPENDIX TO CERTIFICATIONS Instructions Concerning Lobbying and Drug-Free Workplace Requirements Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Drug-Free Workplace Certification 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. 3. Workplaces untler grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified inthe grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 4. Workplace identifications must include-the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code)' Check if there are workplaces on file that are not identified here. The certification with regard to the drug-free workplace is required by 24 CFR part 21. P272 Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of [he Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any CPMP Non-State Grantee Certifications 10 Version 1.3 P273 Jurisdiction controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: All "direct charge" employees; all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and a. temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). Note that by signing these certifications, certain documents must completed, in use, and on file for verification, These documents include: 1. Analysis of Impediments to Fair Housing 2. Citizen Participation Plan 3. Anti-displacement and Relocation Plan Signature/Authorized Official Donald Kurth MD Name Ma or Title 10500 Civic Center Drive Address Rancho Cucamon a CA 91730 City/State/Zip 909 477-2700 Telephone Number July 1, 2009 Date CPMP Non-State Grantee Certifications 11 Version 1.3 0 .~ O U L L ~~ V `~ L ~1 V 0 m t ~+ Q ._ ~1, 0. C .~ •.+ +, .~ Q C C Q C7 O N ._ O a--+ Q (~ U Q ~~ U O O N Cfl (~ 0 0 0 0 N N N O . ~ ~ Q ~ ~ ca ~ 00 07 O O n O c~ U O Q O N O N LL L 0 ti O ca N U .~ Q N .~ ^~ W .~ O Z N N .. 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Q~ U .~ .~ LL V J ~--+ .~ O L O O .~ O 2 O L Q O 2 co L C6 L O ^L I..L L O .~ O (~ N U .~ O U O ~--+ Z N U .~ ~ N '~ ~ O O O U U U .~ m O U m ~_ J ~ ~ ~ ~ ~ ~ ~ ~ ~ O N N ~ _ ~ ~ ~ ~ O O ~ ~ c6 p N ~ N f} U L ~ ~ ~ ~ ~ N ~ .- O U ~ ~ U .. i 0 N~ =O Ef} ~ C ~ ~ ~ ~ ~ p .- .p ~ ~ R3 ~ ~~~ p i O~ U m ~ ° ~ y ~ ~ ~ U ~ L ~ ~ ~ - ~ ~ ~ ~ ~ ~ ~ aa' ~~ >~ - ~- ~ - U cC G N O nj ~ ~ ~O.~UU~2~Ucv ~ i i i i i P274 STAFF REPORT PLANNING DEPARTMENT RANCHO C,UCAMONGA Date: July 1, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: James R. Troyer, AICP Planning Director By: Thomas Grahn, Associate Planner Subject: 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. RECOMMENDATION: Staff recommends that the City Council conduct a public hearing, take public testimony regarding the application for funding, and adopt the Neighborhood Stabilization Program (NSP2) Application, thereby authorizing staff to submit the application to the U.S. Department of Housing and Urban Development (HUD) for their consideration. ANALYSIS: This application is requesting an allocation of NSP2 funds provided under the American Reinvestment and Recovery Act of 2009 .(Pub. L. 111-005, approved February 17, 2009)(Recovery Act) for additional activities under Division B, Title III of the Housing and Economic Recovery Act of 2008 (HERA) (Pub. L. 110-289, approved July 30, 2008). NSP2 provides $1.93 billion to carry out neighborhood stabilization programs nationwide. NSP2 applications are competitive; those applications selected by HUD will receive a minimum allocation of $5 million and their NSP2 program must have the effect of returning a minimum of 100 foreclosed or abandoned homes back to productive use. HUD will select NSP2 programs that retain CDBG distinctive requirements, target connected neighborhoods, rapidly arrest decline, assure compliance -with the deep targeting requirements, ensure the longest feasible continued affordability, support projects that optimize economic activity, coordinate planning and resources, leverage resources and remove destabilizing influences, set goals, and ensure accountability. Based upon these criteria, staff developed a plan to return a minimum of 100 homes back to productive use. To accomplish this, the City's NSP2 Application requests $10 million in program funding. The HERA appropriated $3.92 billion for emergency assistance for the redevelopment of abandoned and foreclosed homes and residential properties. Grants under the HERA are considered NSPi funds, and the City received a formula allocation for $2,133,397. The City's NSPi Substantial Amendment was approved by HUD, and the grant agreement was signed on March 5, 2009. P275 CITY COUNCIL STAFF REPORT DRC2009-00501 -NSP2 APPLICATION July 1, 2009 Page 2 Program Objective The primary objective of the CDBG program is the development of viable urban communities by providing decent housing, a suitable living environment, and economic opportunity, principally for persons of low- and moderate-income. NSP2 recipients must strive to meet this objective in neighborhoods that are in decline because of the negative effects of a high number and percentage of homes that have been foreclosed upon. The first goal of the NSP2 program is to arrest the decline. Then the recipient must stabilize the neighborhood and position it for a sustainable role in a revitalized community. Measureable NSP2 short term program outcomes include 1) arrest the decline in home values based on average sales price in targeted neighborhoods, and 2) reduction or elimination of vacant and abandoned residential property in target neighborhoods. The long term NSP2 outcomes include 1) increased sales of residential property in targeted neighborhoods, and 2)_ increased median market values of real estate in targeted neighborhoods. Income Eligibility Like the NSPi program, NSP2 income eligibility requirements establish that all of the funds appropriated, or otherwise made available, shall be used for individuals and families whose ihcome does not exceed 120 percent of the area median income. HUD further addressed income eligibility requirements by establishing a deep targeting requirement that not less than 25 percent df the funds appropriated, or otherwise made available, shall be used for individuals and families whose income does not exceed 50 percent of the area median income. Based on these income requirements, our entire allocation will be used to benefit those persons at or below 120 percent of the area median income, and $4 million (40 percent of the proposed funding) will be used to benefit those persons at or below 50 percent of the area median income. Purchase Discount In the purchase of foreclosed and abandoned homes, the City is encouraged to obtain the maximum reasonable discount from the mortgagee, taking into consideration the likely carrying costs (i.e., taxes, insurance, maintenance, marketing, overhead, and interest) of the mortgagee if the property was not sold. HUD established a new requirement for NSP2 funds (and has since revised NSP1 requirements for consistency) and will require a purchase discount at a minimum 1 percent below the current market appraised value. NSP2 Time Period Although the NSP2 funds are considered additional CDBG grant funds, HUD modified or waived the typical application requirements and procedures so that grantees could quickly make the best use of their funding. Applications for use of NSP2 funds are due to HUD on Friday, July 17, 2009. Grantees with approved NSP2 programs will have 2 years to use 50 percent of the funds and 3 years to use 100 percent of the funds. Should HUD approve the City's NSP2 Application, the time period will begin when. HUD signs the NSP2 grant agreement. Any funds not expended by the end of the three year time period, will be recaptured by HUD and returned to the U.S. Treasury. P276 CITY COUNCIL STAFF REPORT DRC2009-00501 -NSP2 APPLICATION July 1, 2009 Page 3 Eligible Uses NSP2 funds may be used for a variety of eligible uses, which include: Establish financing mechanisms for purchase and redevelopment of foreclosed upon homes and residential. properties, including such mechanisms as soft-seconds, loan loss reserves, and shared-equity loans for low- and moderate-income homebuyers. 2. Purchase and rehabilitate homes and residential properties that have been abandoned or foreclosed upon, in order to sell, rent, or redevelop such homes and properties. 3. Establish land banks for homes and residential properties that have been foreclosed upon. 4. Demolish blighted structures. 5. Redevelop demolished or vacant properties. Proposed NSP2 Activities To implement these NSP2 eligible uses, the City is proposing the following NSP2 activities. All NSP2 activities are proposed on a City wide basis. 1. Acquisition. Rehabilitation and Resale (Single-Familv): This activity will provide for the purchase of foreclosed or abandoned single-family homes, appropriate rehabilitation including habitability repairs and any necessary energy efficiency improvements, and resale of the unit. These homes will be available to income-eligible first time. homebuyers (individuals and families that have not owned real property in the previous three years). The final sales price will be no greater than the initial acquisition and rehabilitation costs. Staff recommends funding this activity $3,000,000. 2. Acquisition. Rehabilitation and Resale (Multiple-Familv): This activity will provide for the purchase of foreclosed or abandoned multiple-family units (i.e., townhomes, condominiums, etc). Depending on unit availability, acquisition may include single units within a complex, multiple units within a complex, or an entire complex. Activities will include acquisition, appropriate rehabilitation, including habitability repairs and any necessary energy efficiency improvements. Any units acquired under this activity will be owned and operated by local non-profit affordable housing assistance groups. Affordability covenants will be recorded against the unit to preserve its continued affordability, and the units will be rented at affordable rates. Units acquired under this activity will house individuals and families whose incomes are at or below 50 percent of the area median income. NSP2 funds utilized for the purchase and rehabilitation of the units will be recorded as a silent second, which will be returned to the City, with an equity share, when the non-profit group ceases operation or the unit is sold. Staff recommends funding this activity $4,000,000. 3. Down Payment Assistance: This activity will provide down payment assistance for the purchase of foreclosed or abandoned homes. This activity will parallel the existing First Time Homebuyer Program currently operated by the Redevelopment Agency ("RDA") P277 CITY COUNCIL STAFF REPORT DRC2009-00501 -NSP2 APPLICATION July 1, 2009 Page 4 and the Down Payment Assistance program approved with the NSP1 Substantial Amendment. These programs provide up to $80,000 in -down payment assistance in the form of a silent second mortgage to qualifying low- and moderate-income families. The NSP2 and RDA homebuyer programs will assist income eligible homebuyers on a City-wide basis; NSP1 funds are targeted to specific high foreclosure risk tracts with within the City. Similar to the NSP1 program, the NSP2 homebuyer program will provide up to $80,000 in down payment assistance, up to $10,000 for necessary and appropriate rehabilitation, focusing on first on habitability and secondly on energy efficiency. Staff recommends funding this activity $2,000,000. 4. Administration: This activity will provide the administrative capacity to implement the NSP2 program. The funding of administration activities may not exceed 10 percent of the NSP2 allocation. Administration activities will include: management of NSP2 activities, reporting program accomplishments, coordinating rehabilitation activities, and coordinating the proposed NSP2 activities. Staff recommends funding this activity $1,000,000. Public Participation HUD provided alternative administrative requirements to expedite the distribution of grant funds and to provide for expedited citizen participation for the NSP2 Application. Grantees are required to provide no fewer than 10 days for citizen comment (rather than 30 days) for the NSP2 Application. At the time of submission to HUD, each grantee will post its NSP2 Application and any subsequent NSP2 amendments on its official website along with a summary of citizen comments received within the 10-day comment period. The information to be included in the 10-day comment period includes the attachments to this report. The draft NSP2 Application was posted to the City's website on Monday, June 22, 2009. CORRESPONDENCE: Notice of the public hearing and proposed funding allocations was published in the Inland Valley Daily Bulletin on June 15, 2009. Respe ttully submitted, ~'~4/I~/ Jams .Troyer, AICP Plann' g Director JT:TG/ge Attachments: Exhibit A -Draft NSP2 Application P278 NEIGHBORHOOD STABILIZATION PROGRAM (NSP2) APPLICATION Jurisdiction: City of Rancho Cucamonga NSP Contact Person: Thomas Grahn Address: 10500 Civic Center Drive Jurisdiction Web Address: Rancho Cucamonga, CA 91730 http://vvww.cityofrc.us/index aovt.htm Telephone: (909) 477-2750 Fax: (909) 477-2847 Email: tom.grahnt~a cityofrc.us Factor 1: Greatest Need/Extent of the Problem The City. of Rancho Cucamonga is situated in western San Bernardino County and is located within the Riverside-San Bernardino-Ontario Metropolitan Statistical Area (MSA). Within the geographic boundaries of this MSA there are two counties, San Bernardino and Riverside. Based on information contained in the 2000 Census there are 24 incorporated cities in San Bernardino County and 24 incorporated cities in Riverside County. As of January 1, 2008, the City of Rancho Cucamonga encompasses an area of approximately 40 square miles, contains 55,103 housing units, and has a population of 172,331 persons. California is anon-judicial foreclosure state, meaning that foreclosures do not occur under the supervision of the court, but with the mortgagee (the lienholder) filing of a recorded Notice of Default (NOD). The NOD is a public notification that the mortgagor (the borrower) has fallen behind on their monthly mortgage payments. If the mortgagor does not cure the default, or the loan is not renegotiated or replaced, then after a three month period the NOD is followed by a Notice of Trustee's Sale (NOTS). The Trustee's Sale is a public auction,. cannot occur until 20 days after public notice, and anyone may place a bid, including the lender and any junior lien holders. The foreclosure process may be stopped if the default is cured 5 days in advance of the sale date. If no one bids NSP2 Application -Page 1 EXHIBIT A- ANC HO UCAIt~ONGA P279 and the foreclosure process was not stopped, title to the property reverts to the lender as Real Estate Owned (REO) property. In California, the typical foreclosure process takes at least 117 days. In addressing the City's NSP1 Substantial Amendment there were a total of 49,973 properties identified as taken all the way through the foreclosure process in the MSA (this includes 20,366 properties in San Bernardino County and 29,607 properties in Riverside County), this occurred between July 1, 2007 and September 30, 2008. As estimated by California Department of Finance figures, this represented 3.42 percent of all housing units for the MSA (2.97 percent in San Bernardino County and 3.83 percent in Riverside County). By way of comparison, this figure corresponds to 1 in 29 homes becoming REO during this period. As of June 22, 2009, there were 1,816 properties in Rancho Cucamonga in the process of foreclosure; this includes 903 properties in Preforeclosure, 668 in Auction, and 245 listed as REO. Within Rancho Cucamonga the distribution of homes in foreclosure occurs citywide. The following table provides a citywide listing of each census tract, with the number of households, the number of mortgages, and the number of mortgages in foreclosure. Also, the table includes the HUD foreclosure risk scores and vacancy rates for each census tract. Areas of the City with the highest need are situated in the southern and west-central portions of the City, with high concentrations occurring in the Southwest Cucamonga area. As part of this application, the City utilized HUD's NSP Foreclosure Need Mapping Tool. This mapping tool identifies the "foreclosure" risk score based on rank for each census tracts utilizing two measures: (1) percent of foreclosure problems, and (2) number of foreclosure problems. Each tract receives the higher rank from 1 to 20) from those rankings. The "vacancy" risk score is based on an algorithm that combines 90-day vacancy rates with foreclosure problem rates and then ranks census tracts from 1 to 20 on this estimate. The NSP tool displays the average risk score for selected census tracts. HUD NSP2 grants are available only for the high risk areas -those census tracts with a ranking of 18 or greater. The selected census tracts do not need to have a high risk score for both the foreclosure and vacancy rates. Utilizing this mapping tool (a copy of the results are attached to this application) the 11 census tracts located within the City received an average max score bf 19.82. NSP2 Application -Page 2 P280 Census Location HUD Vacancy Maximum Tract* Foreclosure Score Score Score 1. 22.03 South of Foothill Boulevard, 19 9 19 east of Rochester Avenue 2. 21 South of Foothill Boulevard, 20 10 20 west of Have Avenue 3. 20.04 North of Foothill Boulevard, 20 12 20 .south of 19th Street, west of Hellman Avenue, east of Carnelian Street 4. 20.05 North of Foothill Boulevard, 20 12 20 south of 210 Freeway, west of Haven Avenue, east of Hellman Avenue 5. 13.04 South of 8th Street, west of 20 11 20 Archibald Avenue 6. 20.07 North of Foothill Boulevard, 20 10 20 south of 210 Freeway, east of Haven Avenue 7. 8.12 North of Foothill Boulevard, 19 12 19 south of 19th Street, west of Carnelian Street 8. 20.03 North of the 210 Freeway, 20 10 20 west of Beryl Street 9. 20.03 North of Foothill Boulevard, 20 11 20 south of Base Line Road, east of Haven Avenue, and west of Rochester Avenue Terra Vista 10. 20.09 North of the 210 Freeway, 20 8 20 east of Haven Avenue 11. 20.02 North of the 210 Freeway, 20 7 20 west of Haven Avenue, east of Be I Street Average Max Score ~g,gZ * Refer to the attached map for a graphic representation of these foreclosure risk areas. NSP2 Application -Page 3 P281 Market Conditions and Demand Factors-(Waiting on Data) Disfribufion and Uses of Funds The City of Rancho Cucamonga will prioritize the use of NSP2 funds first, to those areas of the City with the highest concentration of foreclosed and abandoned homes, and second, to those low moderate middle-income clientele (LMMC) who meet the income eligibility requirements for assistance. The use of NSP2 funds will be targeted on a Citywide basis as all census tracts located in the City (Census Tracts 22.03, 21.00, 20.04, 20.05, 13.04, 20.07, 8.12, 20.03, 20.06, 20.09, and 20.02) qualify for assistance. Each of the above mentioned census tracks has a HUD Foreclosure Rate between 19- 20 (20 representing the highest rate level). NSP2 fund will be used for the following three proposed activities, plus program administration. These programs include: Acquisition, Rehabilitation and Resale (Single-Family) -This activity will provide for the purchase of foreclosed or abandoned single family homes, appropriate rehabilitation including habitability repairs and any necessary energy efficiency improvements, and resale of unit. These homes will be available to income-eligible first time homebuyers (individuals and families that have not owned real property in the previous three years). The final sales price will be no greater than the initial acquisition and rehabilitation costs. Acquisition, Rehabilitation and Resale (Multiple Family) -This activity will provide for the purchase of foreclosed or abandoned multiple family units (i.e., townhomes, condominiums, etc). Depending on unit availability acquisition may include single units within a complex, multiple units within a complex, or an entire complex. Activities will include acquisition, appropriate rehabilitation including habitability repairs, and any necessary energy efficiency improvements. Any units acquired under this activity will be owned and operated by local non-profit. affordable housing assistance groups. Affordability covenants will be recorded against the unit to preserve its continued affordability, and the units will be rented at affordable rates. Units acquired under this activity will house individuals and families whose incomes are at or below 50 percent of the area median income. NSP2 funds utilized for the purchase and rehabilitation of the units will be recorded as a silent second, which will be returned to the City, with an equity share, when the non-profit group ceases operation or the unit is sold. Down Payment Assistance -This activity will provide down payment assistance for the purchase of foreclosed or abandoned homes. This activity will parallel the existing First Time Homebuyer Program currently operated by the Redevelopment Agency (RDA) and the Down Payment Assistance program approved with the NSP1 Substantial Amendment. These programs provide up to $80,000 in down payment assistance in the form of a silent second mortgage to qualifying low- and moderate-income families. The NSP2 and RDA homebuyer programs will assist income eligible homebuyers on a City wide basis, NSP1 funds are targeted to specific high foreclosure risk tracts with within the City. Similar to the NSP1 program, the NSP2 homebuyer program will NSP2 Application -Page 4 P282 provide up to $80,000 in down payment assistance, up to $10,000 for necessary and appropriate rehabilitation, focusing on first on habitability and secondly- on energy efficiency. Administration -This activity will provide the administrative capacity to implement the NSP2 program. The funding of administration activities may not exceed 10 percent of the NSP2 allocation. Administration activities will include: management of NSP2 activities, reporting program accomplishments, coordinating rehabilitation activities, and coordinating the proposed NSP2 activities. Factor 2: Capacity and Organizational Structure Past Experience -The Rancho Cucamonga Planning Department and Redevelopment Agency (RDA) will jointly be responsible for the implementation of programs outlined in the City's NSP2 Application. The City's Planning Department is responsible for the day to day activities related to the reviewing and processing of development applications, updating of the City's General Plan, and the ad"ministration of the Community Development Block Grant (CDBG) Program, and the recently awarded Neighborhood Stabilization Program (NSP1) funds. The Planning Department also implements a CDBG funded Home Improvement Program that offers grants and loans for property improvements to single-family and mobile home owners. To date, through the City's Housing Rehabilitation Program has assisted over 500 households providing essential health and safety improvements, and when funding is available, habitability home improvement needs. The RDA is responsible for the administration of economic development, redevelopment, and housing-related programs that support both businesses and residents in the City of Rancho Cucamonga. The RDA has assisted in the elimination of blighted conditions throughout the -city that has resulted in a number of housing and economic projects. The RDA was established in 1981 and has a long standing relationship with a number of non-profit housing organizations. The RDA, through its partnerships, has produced over 1,700 units of affordable housing for low and moderate income individuals and families. Both the City's Planning Department and RDA are heavily involved with neighborhood stabilization efforts that are designed to stabilize older neighborhoods and provide programs to create economic and housing opportunities. The following highlights the City's expertise in housing, long range planning, and program implementation. City and Regional Planning -The Planning Department is responsible for ongoing city and regional planning processes. The Planning Department staff is currently working on updating the City's General Plan. This includes the development of a comprehensive marketing and outreach process to obtain input from a range of community groups, neighborhood groups, business groups, and other major stakeholders. The process is a grass-roots approach used to involve members of the community that would normally not get involved. The Planning Department developed a NSP2 Application -Page 5 P283 process that included the forming of a General Plan Advisory Committee, Community Workshops, Visioneering opportunities, and a public opinion survey: Acquisition and Disposition of Foreclosed Real Estate -The City received a total of $2.1 million in NSP1 funds. The overall administration of the funding will be the responsibility of the Planning Department staff. The City will utilize NSP1 funds to support existing First-Time Homebuyer and Housing Rehabilitation programs. Planning is underway to incorporate an acquisition component into the City's acquisition and disposition program. The funds will be used to acquire, rehab, and resale foreclosed properties. Rehabilitation of Housing - The Planning Department implements a Home Improvement Program, funded through the City's CDBG program, offering grants and loans to income eligible single family and mobile home owners. The Home Improvement Program provides loans up to $30,000 and grants up to $7,500 for health and safety, and habitability improvements. The Program is extremely successful and is able to assist annually approximately 44 households. Redevelopment of Vacant Property -During the past two years the RDA has partnered with Workforce Homebuilders, National Community Renaissance (National CORE), and Northtown Housing Development Corporation (NHDC) to acquire and build an additional 441 new units of affordable housing. The RDA has a long history of providing affordable housing and has build partnerships with a number of other non- profit housing organizations. The affordable housing projects includes: • Villaggio on Route 66 -The RDA partnered with Workforce Homebuilders to develop this project, which is currently under construction. This development includes 166 two and three bedroom units; 131 units will be held as affordable housing. RDA Housing Set-Aside Funds were used to assist with the financing of the project. Planning and RDA staff worked with the developers through the acquisition, site clearance, and the construction phases of the project. -The Agency contributed $27 million of its housing set-aside funds towards the project with the developer picking up the balance. (A news publication highlighting Villaggio on Route 66 is attached). • Rancho Verde East -The RDA has also partnered with National CORE on a number of other housing developments throughout the City. In October of 2008, the construction phase of Rancho Verde East got underway. The RDA partnered with National CORE to develop 40 three-bedroom units for large families earning 35%, 45%, 60%, and 80% of the area median income. The RDA contributed $6.5 million of its housing set-aside funds to the project in exchange for 99 years of affordability. The project is expected to be completed in late 2009. • San Sevaine Villas -The RDA has partnered with NHDC for the construction of 225 units of affordable housing that will be located at the southwest corner of Foothill Boulevard and East Avenue. San Sevaine Villas Development will offer NSP2 Application -Page 6 P284 a combination of affordable and market rate units. The Agency contributed $40.7 million of its housing set-aside funds towards the project and has a regulatory agreement with the developer to keep the units affordable for 99 years. The ,development will include a new community center and play areas. Program Marketing and Management of Waiting Lists for Potential Residents - National CORE, NHDC, Workforce Homebuilders, and the RDA's other housing development partners have in place a process to maintain a waiting list for potential residents. RDA staff, as part of the ongoing monitoring of affordable housing units, requires developers to submit copies their waiting lists on a quarterly basis. Additionally, each developer has in place a marketing plan to make sure units are kept occupied. Marketing tools may include newspaper advertisements or notices in their newsletters. Management Structure -The NSP2 Management team consists of six professionals with a wide variety of expertise. The Redevelopment Agency Director and Planning Director jointly the day to day activities of the City staff. The remaining members of the team consist of an Associate Planner, Housing Programs Manager, Redevelopment Analyst II, Associate Planner, and Planning Specialist. The following is a summary of each staff members experience, educational background, and accomplishments. A copy of the NSP2 Organizational Chart is attached. James R. Trover - Plannina Director James has over 20 years of local government experience and 17 years of I ati`a~nk experience as a city government planner. For many years he has been ~'~<<~ ,~ '. and advocate for planning that incorporates smart growth and has been ~;rr ~ yf involved in numerous housing projects that incorporate workability and the ' w~ use of transit for families with children. In his current position with the City of Rancho Cucamonga he has processed 400 units of low to moderate income housing. He is the project director for the update to the Rancho Cucamonga General Plan which will incorporate policies dealing with healthy living, green building initiatives, and neighborhood sustainability. Education: Executive Master of Business Degree, Claremont Graduate University Major Accomplishments: • Completed the entitlement process for EI Monte Transit Village- A public- private venture with multi-family housing units adjacent to the metro-link station. • Led collaborative workshops with the EI Monte and Rancho Cucamonga communities regarding their General Plan Updates. NSP2 Application -Page 7 P285 Linda D. Daniels -Redevelopment Director ~" ~~*,.~` w,~,; Linda has been responsible for redevelopment, economic development, fi` and housing activities in the City of Rancho Cucamonga since 1986. ~s ~. During her tenure, she has overseen or participated in the development of F~ ~~~ more than $300 million in public improvement projects and over $200 ttv " ~ million in affordable housing developments. The efforts of the RDA has significantly improved the quality of life for residents and created a well balance between housing and economic development opportunities. The successful partnerships created under Linda's leadership have helped define Rancho Cucamonga as the place to live, work, and play in the Inland Empire. Education: Master of Public Administration Degree -California State University, Northridge Major Accomplishment: • Victoria Gardens Regional Shopping Center-1.2 Million Square Foot Regional Shopping Center that provides shopping, dining, housing and recreation opportunities Tranda Drumwright -Housing Programs Manager '~°`~"~~~i; Tranda is responsible for the development and management of the City's t~:• ~; F. housing programs including the development of affordable housing for low ~~~~.' ~ y ~ and moderate income families and seniors. Tranda has over 20 years ~s- ` .~~ =?A°,i experience in developing and managing municipal housing projects and programs. In addition to her housing experience she has over 10 years experience in the administration of CDBG, HOME, and ESG funding. Education: Master of Arts Degree, Urban Planning, University of California, Los Angeles Major Accomplishments: • Developed a 127 Bed Homeless Shelter for individuals and families. • Worked with anon-profit housing developer in the City of Riverside to acquire and rehab 160 affordable multi-family. housing units which included a new community center, pool, and play ground area. Tom Grahn -Associate Planner Tom has worked for the City of Rancho Cucamonga for over 20 years. '; During his tenure with the City he has been responsible for project review ~,~ ~,:;:, ., and development negotiations related to both commercial and housing 44 '~}}~ City'sc20001and 2008 Housing E ement Upd tes~es the processing of the ... 3.v~.,~~~,Y~A4'~' NSP2 Application -Page 8 P286 In addition to his planning responsibilities he has been the administrator of the City's CDBG Program and supervised the activities of the City's House Improvement Program. As administer of the City's CDBG program he is responsible for the preparation of the 5-Year Consolidated Plan and Annual Action Plans. Education: Bachelor of Arts Degree, Urban Planning, California State Polytechnic University, Pomona Juris Doctor, University of La Verne, College of Law Major Accomplishments: • Managed the development review of a 166-unit affordable housing project. • Managed the restoration of two local historic structures. Tony Le-Ngoc -Redevelopment Analyst II Tony is responsible for oversight of, the City's First-Time Homebuyer (FTHB) and Mobile Home Rental Assistance programs. Tony is responsible for all administrative aspects of both programs including the development of program guidelines, application packets, and every aspect of the application process. He is also responsible for the annual affordability compliance monitoring of the City's affordable housing units. Education: Master of Public Administration -University of Texas at Dallas Major Accomplishments: • Development and implementation of First-Time Homebuyer Programs. • Negotiation of property acquisition of a future site for acommercial/housing project. Cathy Morris-Planning Assistant "~'~ " `"~ q Cathy has been employed with the City of Rancho Cucamonga for 24 ~. i+' years. For the past 17 years, she has managed the City's CDBG funded ~~'_` % ~ Home Improvement Program. She has successfully completed the } ~~~.t rehabilitation of over 680 single-family and mobile homes throughout the City. She handles all aspects of the rehabilitation program from the application process, applicant eligibility, site inspections, work write-ups, contractor selection, contract preparation, oversight of job sites and final inspections as well as providing and preparing all documentation required by HUD. Education: Chaffey College, Rancho Cucamonga, CA NSP2 Application -Page 9 P287 Major Accomplishments: • Assisted the elderly and the disabled with major health and safety improvements to their homes. Environmental clearance on the Rancho Cucamonga Historic Pacific Train Depot. . References -The Planning Department and RDA staff have had the opportunity to work with a number of non-profit housing developers. The following is a list of references that staff has worked with to develop over 400 new affordable units that will be coming on line or under construction within the next year. Workforce Homebuilders D. Anthony Mize, President 8300 Utica Avenue, Suite 173 Rancho Cucamonga, CA 91730 (909) 987-9191 tmize(a~workforcehomebuilders.com National CORE Richard J. Whittingham, CPA 9065 Haven Avenue Rancho Cucamonga, CA 91730 (909) 483-2444, Ext. 112 rwhittingham(a~nationalcore.org Factor 3: Soundness of Approach a. Proposed Activities (1) The City of Rancho Cucamonga proposes to utilize NSP2 funds to administer a three prong approach designed to assist with mitigating .the multitude of issues emanating from the foreclosure of properties within the City boundaries. The three proposed activities are identified as: 1. Acquisition, Rehabilitation and Resale of Single Family Residences. 2. Acquisition, Rehabilitation and Rental of Multiple Family Residences. 3. Down Payment Assistance for First Time Home Buyers. The City's strategy for program design and development is to initially utilize current City staff to design, administer and coordinate major aspects of the three proposed programs. , The initial program implementation will also be managed by the development team consisting of Planning Department and RDA staff. Once the programs have progressed and require additional staffing to manage, additional staffing will be added accordingly. NSP2 Application -Page 10 P288 The City will develop a process to identify eligible properties for acquisition and will partner with local brokers, real estate professionals, and banks to achieve this task. Once properties have been purchased, staff will coordinate with local contractors to provide rehabilitation services for each property focusing first on habitability issues and secondly on energy efficiency improvements. Staff intends to prequalify local contractors and place them on an established list thus reducing the timeframe required for completing improvements. Then the single family residences will be sold to qualified eligible buyers (preferably afirst-time homebuyer), the multiple family residences will be rented to eligible applicants (managed by a nonprofit partner). Currently, the City provides CDBG allocated funds for residential rehabilitation assistance and RDA set-aside funds to assist with first-time homebuyers. The expansion of existing programs will now include the acquisition of eligible properties, more extensive rehabilitation of properties prior to resale, and a significant increase in the overall volume of assisted projects. In addition, the City may be presented with an opportunity to acquire a foreclosed townhome or condominium project and sell to frst-time homebuyers. This could be an alternative use for a portion of the NSP2 funds. The proposed three prong activities will assist with stabilizing the local housing market by removing foreclosed properties from the market, provide a financial resource to fund significant rehabilitation of eligible properties, and assist low- and moderate income families into owner-occupied homes. Long term economic benefits include the removal of foreclosed homes from our neighborhoods, employment of local contractors engaged in the rehabilitation of these properties, the sale of related goods and services, and assisting frst-time homebuyers obtain homeownership. (2) Uses of funds and firm commitments (a) 1. Acquisition, Rehabilitation and Resale of Single-Family Residences _ $3 million. 2. Acquisition, Rehabilitation and Rental of Multi-Family Residences _ $4 million. 3. Down Payment Assistance for First-Time Homebuyers _ $2 million. (b) .The properties/loans will be secured by silent seconds with no interest rate, but the assistance will not be forgivable, the single family residences will be for sale and the multi-family properties will be for rent. (c) The NSP2 funds will be firmly committed to each of the designated activity to best insure a distribution of benefits throughout the City. RDA allocated funds are 20% Set-Aside funds required by RDA Law for the preservation and creation of affordable housing. The CDBG funds are committed as part of the City's Consolidated NSP2 Application -Page 11 P289 Plan and Annual Action Plan and both are accounted for and committed in the City's annual-budget. (d) Demolition and preservation. The City does not propose utilizing any NSP2 funds for the demolition or conversion of any existing residence. It is the City's intent to assist with preservation and rehabilitation of foreclosed and abandoned homes. Our housing stock is primarily in good condition 'and will not require demolition as a guiding policy. b. Project Completion Schedule The schedule for the three program activities will be the three years allotted for expense of the granted funds. The City proposes a tentative schedule for the program as follows: Quarter #1:. Finalized legal program documents, market the program, complete administrative components necessary for program deployment, and begin programs. Quarter #2: Expend approximately 5% of the funds. Quarter #3: Expend approximately 10% of the funds. Quarter #4: Expend approximately 15% of the funds and complete 15~ year evaluation. Quarter #5: Expend approximately 20% of the funds. Quarter #5: Expend approximately 20% of the funds. Quarter #7: Expend approximately 10% of the funds. Quarter #8: Expend approximately 10% of the funds and complete 2"d year evaluation: Quarter #9: Expend approximately 10% of the funds. Quarter #10: Additional time if required. Quarter #11: Additional time if required. Quarter #12: Additional time if required. c. Income Targeting for 120 Percent and 50 Percent of Median Income limits for those persons at or below 50 percent of the area median income and at or below 120 percent of the area median income are provided (see attached chart). The identified income limits are based on 2008 income limits. These limits will be updated annually at the release of revised HUD income limits. d. Continued Affordability The continued affordability of those units acquired through the Acquisition, Rehabilitation and Resale activities will be ensured through the entire period of affordability by monitoring and following the specific HOME monitoring. requirements as defined in 24 CFR Part 92. NSP2 Application -Page 12 P290 The City will utilize signed, notarized, and recorded Loan Agreements, Promissory Notes, and Program Guidelines to secure the properties. Also, recorded conditions, covenants and restriction (CC&R's) documents will be used whenever applicable. e. Consultation, Outreach, Communications The City intends to work with one or more housing non-profits to assist with outreach and program implementation. The City currently contracts with Neighborhood Housing Services of the Inland Empire for the implementation of the First Time Homebuyer Program. f. Performance and Monitoring (1) Monitoring Plan: Each of the three activities will have their own monitoring plan developed. • Acquisition, Rehabilitation and Resale of Single-Family Residences. • Acquisition, Rehabilitation and Rental of Multi-Family Residences. • Down Payment Assistance for First Time Home Buyers. Quarter #1: Review program development and address deficiencies. Quarter #2: Review initial program implementation. Quarter #3: Review program performance. Quarter #4: Review program performance and annual audit. Quarter #5: Review program performance. Quarter #6: Review program performance. Quarter #7: Review program performance. Quarter #8: Review program performance and annual audit. Quarter #9: Review program performance. Quarter #10: Review program performance. Quarter #11' Review program performance. Quarter #12: Review program performance and annual audit. (2) Internal Audits: Will include several layers of review by City staff for accurate utilizations of program funds and annual presentation to City Council for compliance. City staff has been successfully conducting onsite audits for program compliance over the past 10 plus years. Definitions: Blighted Structure in context of state or local law -The City of Rancho Cucamonga utilizes the definition of blight contained in California Heath & Safety Code Sections 33030 and 33031. Affordable Rents - HUD's Fair Market Rent schedule for the Riverside-San Bernardino-Ontario MSA will be used to determine fair rents for the Housing Acquisition activity. Income limits for those persons at or below 50 percent of the area median NSP2 Application -Page 13 P291 income and at or below 120 percent of the area median income. The identified income limits are based on 2008 income limits. These limits -will be updated yearly at the release of revised income limits. Rehabilitation Standards applicable to NSP2 assisted activities -NSP2 funds will utilize those standards in place through the City's CDBG funded Home Improvement Program. Rehabilitation improvements will focus on the following improvements with priority to the order given: 1) Habitability -Repair roofs, building code violations, broken windows, termite damage, lead based paint. 2) Energy Efficiency - Repair or replace water heaters, HVAC, and windows. 3) Property Improvement -Exterior painting, irrigation, and water conservation improvements. This listing is not intended to be inclusive and the rehabilitation of foreclosed or abandoned homes may include improvements not listed under each heading. Factor 4: Leveraging of other funds, or removal of substantial negative effects The bulk of the City's non-federal resources for leveraging will be Rancho Cucamonga Redevelopment Agency set-aside housing funds, To date ,the Agency's has allocated over $68.2 million of its housing funds for the completion of three new developments which are currently under construction or will soon start construction within a year. In addition, the Agency continues to fund the City's First-Time Homebuyers Program. The Agency's available resources have been committed to the three new projects. An allocation of NSP2 funds will allow the City to continue in its efforts to provide affordable housing opportunities for low and moderate income individuals and families. NSP2 funds will also assist the City in its efforts to prevent the decline of its neighborhoods. Factor 5: Energy efficiency improvement and sustainable development factors Describe how you will incorporate specific energy efficient, environmentally friendly or other sustainable or green elements in some of all of NSP2 activities? a. Transit accessibility -Bus and Rail The City of Rancho Cucamonga is served by Omnitrans transit and Metrolink rail services. Omnitrans, which currently runs on CNG powered busses, provides 5 routes that traverse the City in all directions. Route 61 runs every 15 minutes, route 66 runs every 30 minutes, route 67 runs every 60 minutes, route 68 runs every 30 minutes, and route 82 runs every 60 minutes. The routes provide access in all direction throughout the City with access to a number of employment opportunities and to neighboring cities NSP2 Application -Page 14 P292 as well. Omnitrans also connects with Metrolink which can take riders west to Los Angeles, east to San Bernardino, and via connections to Riverside County and Orange County. From the Rancho Cucamonga station there are approximately 19 daily stops, making this station is one of Metrolinks busiest. b. Green Building Standards. The City of Rancho Cucamonga is currently drafting an Ordinance which will adopt a voluntarylincentive based Green Building Standard. The Ordinance will promote sustainability, encourage water and resource conservation, reduce waste flowing to landfills, reduce greenhouse emissions, and promote use of recyclables. As a result, it will not create significant adverse environmental effects, but will reduce the same. The purpose is to promote sustainability and protect the public health, safety and welfare, and the environment and economic health of the City, by encouraging developers and builders to apply Green Building practices and standards to existing and new development. Voluntary application of Green Building practices and measures, including site design, construction, maintenance, operation, and deconstruction, to existing and new buildings is the next step toward the City becoming a more sustainable community. The Green Building standards are designed to achieve the following goals: A. Encourage water and resource conservation; B. Increase energy efficiency in existing and new buildings; C. Reduce waste generated by construction projects; D. Provide durable buildings that are efficient and economical to own and operate; E. Enhance the health, welfare and productivity of residents, workers, and visitors to the City. F. Reduce greenhouse gas emissions. G. Encourage use of recycled materials. California Green Builder (CGB) The California Green Builder Program was established to encourage partnerships between developers/builders ahd local governments to build cost-effective green homes. There are five components that a project is required to meet to be certified as a California Green Builder project. The five components are high energy standards, water conservation, wood conservation, advanced ventilation, and construction waste diversion. The CGB Program can be applied to all new construction of single-family and low- rise multi-family residences (3 stories or less). The Program is not applicable to commercial or industrial development. NSP2 Application -Page 15 P293 • Green Point Rated (GPR) The Green Point Rated system was created by Build It Green, anon-profit membership organization, to promote healthy, energy and resource-efficient building practices in California. The City is a current member of Build It Green. The GPR program is limited to new single-family housing development, new multi-family projects (including low-rise, mid-rise, high-rise, and mixed use) and existing homes. It is not currently applicable to commercial development. The -Green Point Rated System is prescriptive- based and uses a point rating system, similar to the LEED rating system. Build It Green provides a certification process and requires verification by independent Build It Green raters. Through the Build It Green initiative the City will continue to incorporate healthy, energy and resource efficiency components in their projects funded by through the NSP2 program. • Leadership in Energy and Environmental Design (LEED) LEED, a Green Building Rating Programs administered by the U.S. Green Building Council (USGBC), is a third-party certification rating system that has become a nationally accepted standard for the design, construction, and operation of high performance green buildings. The City is a member of the USGBC. The LEED Certification can be applied to new commercial, mixed- use, multi-family; and single-family construction, as well as existing building retrofits. It promotes a whole-building approach to sustainability by recognizing performance in five key areas: Sustainable Sites, Water Efficiency, Energy and Atmosphere, Materials and Resources, and Indoor Environmental Quality. The USBGC offers instructions and tools to guide project proponents through the LEED Certification process. The rating system is currently divided into four levels of compliance: Platinum (highest), Gold, Silver, and Certified. In order to achieve a specific rating level, a project needs to incorporate a specific number of items from the checklist and be verifed by independent LEED accredited professionals. c. Re-use of cleared sites As of the time of this submittal, there are no plans for the re-use of cleared sites because the City's housing stock is not yet of age requiring demolition as a primary strategy. However, the City is not opposed to the idea and would in-fact support a property needing demolition and then re-use of the site. This will be reviewed on a case specific approach. d.. Deconstruction -reuse of materials The City of Rancho Cucamonga will encourage the reuse of material whenever feasible and cost effective for the project. If possible, the City will incentivize the contractors to pursue this route. NSP2 Application -Page 16 e. Other efforts The City along with Cucamonga Valley Water District (CVWD) encourages regionally , appropriate landscaping designs and the use of indigenous plants. During the 1990's the City adopted a Xeirscape Ordinance to encourage the use of low usage irrigation systems and drought tolerant plantings. These Xeirscape principals have been successfully implemented throughout the City on commercial, industrial, and residential properties. Factor 6: Neighborhood transformation and economic opportunity Rancho Cucamonga's proposed NSP2 activities are part of or with an established comprehensive, regional, or multi-jurisdiction plan. As part of the City's General Plan update, the City is also updating the Housing Element. The State Department of Housing and Community Development (HCD) provides each regional Council of. . Governments (COGS) its share of the statewide housing need. In turn, all COGS, including SCAG, are required by State law to determine the portion allocated to each jurisdiction in their region; this allocation process is referred to as the Regional Housing Needs Assessment (RHNA). The RHNA allocates to cities and counties within the SCAG region their "fair share" of the regions' projected housing need by household income group for the planning period. The 2007 RHNA covers the planning period starting January 1, 2006 through June 30, 2014. The most recent RHNA establishes a fair share housing need of 1,282 housing units for Rancho Cucamonga. enm ou~in i.,.....,'., w onnc •.. i....,. ~n onee Total Very Low Low Moderate Above Percent Househol Pop. Units Income Income Income Moderate VL 8 L d Growth Growth Income 1,282 317 216 245 504 41.5% 1,282 4,098 2007 RHNA Income Group 2007 RHNA Goals New Construction Rehabilitation Conservation and Ac uisition Ve Low Income 317 248 0 69 Low-Income 216 148 0 68 Moderate-Income 245 245 0 0 Above Mod. Income 504 504 0 0 Total 1,282 1,145 0 137 Deep Targeting The City's NSP2 application proposes making $4 million (40% of the proposed program funds) available to individuals and families whose income does not exceed 50 percent P294 NSP2 Application -Page 17 P295 of the area median income. These funds are allocated to the Acquisition, Rehabilitation, and Resale of the Multiple Family Housing Activity. Public Comment The City of Rancho Cucamonga Draft NSP2 Application was scheduled for City Council consideration on July 1, 2009, was made available for public comment on June 22, 2009 on the City's website. In accordance with NSP requirements, the draft NSP2 Application was posted on the City's website on June 22, 2009 for a minimum of 10 days of prior to the public hearing. NSP2 Application -Page 18 P296 .NSP2 Information by Activity 1) Activitv Name: NSP2 Acquisition, Rehabilitation, and Resale -Single Family 2) Activitv Type: NSP2 Eligible Use -Establish financing mechanism for purchase and redevelopment of foreclosed upon homes and residential properties; CDBG Eligible Activity- 24 CFR 570.201(a) Acquisition, (b) Disposition, and 570.202 Rehabilitation. 3) National Objective: Beneficiaries of the units acquired through this activity will be restricted to LMMC as defined in the NSP2 notice. All participants will be restricted to the income level below 120 percent of the area median income. 4) Proiected Start Date: 09/01/2009 5) Proiected End Date: 09/01/2012 6) Responsible Organization: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Contact: Tom Grahn, (909) 477-2750, tom.grahn(a~cityofrc.us 7) Location Description: The use of NSP2 funds for this activity will be available on a City wide basis. 8) Activitv Description: This activity will provide for the purchase of foreclosed or abandoned single family homes, appropriate rehabilitation including habitability repairs and any necessary energy efficiency improvements, and resale of unit. These homes will be available to income-eligible frst time homebuyers (individuals and families that have not owned real property in the previous three years). The final sales price will be no greater than the initial acquisition and rehabilitation costs. Any rehabilitation activities associated with these acquired homes will be coordinated through the City's CDBG funded Home Improvement Program. Once the home is acquired, the City will determine the priority of rehabilitation activity, and coordinate rehabilitation improvements with local .contractors. Rehabilitation funds are not distributed to the program recipieht, but are instead coordinated through the City program. All of the foreclosed or abandoned homes acquired this activity will be a minimum of 1 percent below fair market value. 9) Organizational Capacity: The City has demonstrated the organizational capacity to implement this proposed activity through the implementation of the following activities during the past 24 months: NSP2 Application -Page 19 P297 The RDA has assisted in the acquisition, rehabilitation, development, and resale of 431 housing units The City's Home Improvement Program has assisted in. the rehabilitation of 91 households. 10)Total Budget: $3,000,000. 11)Performance Measures: This activity will assist in the purchase of a approximately 40 homes to be occupied by persons at or below 120 percent of the area median income. NSP2 Application -Page 20 P298 1) Activitv Name: NSP2 Acquisition, Rehabilitation, and Resale -Multiple Family 2) Activitv Tyoe: NSP2 Eligible Use -Establish financing mechanism for purchase and redevelopment of foreclosed upon homes and residential properties; CDBG Eligible Activity- 24 CFR 570.201 (a) Acquisition, (b) Disposition, and 570.202 Rehabilitation. 3) National Objective: Beneficiaries of the units acquired through this activity will be restricted to LMMC as defined in the NSP2 notice. All participants will be restricted to the income level below 50 percent of the area median income. 4) Projected Start Date: 09/01/2009 5) Projected End Date: 09/01/2012 6) Responsible Organization: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Contact: Tom Grahn, (909) 477-2750, tom.arahn(a)citvofrc.us 7) Location Description: The use of NSP2 funds for this activity will be available on a City wide basis. 8) Activitv Description: This activity will provide for the purchase of foreclosed or abandoned multiple family units (i.e., townhomes, condominiums, etc). Depending on unit availability acquisition may include single units within a complex, multiple units within a complex, or an entire complex. Activities will include acquisition, appropriate rehabilitation including habitability repairs, and any necessary energy efficiency improvements. Any units acquired under this activity will be owned and operated by local non-profit affordable housing assistance groups. Affordability covenants will be recorded against the unit to preserve its continued affordability, and the units. will be rented at affordable rates. Units acquired under this activity will house individuals and families whose incomes are at or below 50 percent of the area median income. NSP2 funds utilized for the purchase and rehabilitation of the units will be recorded as a silent second, which will be returned to the City, with an equity share, when the non-profit group ceases operation or the unit is sold Any rehabilitation activities associated with these acquired homes will be coordinated through the City's CDBG funded Home Improvement Program. Once the home is acquired, the City will determine the priority of rehabilitation activity, and coordinate rehabilitation improvements with local contractors. Rehabilitation funds are not distributed to the program recipient, but are instead coordinated through the City program. NSP2 Application -Page 21 P299 All of the foreclosed or abandoned homes acquired this activity will be a minimum of 1 percent below fair market value. 9) Organizational Capacity: The City has demonstrated the organizational capacity to implement this proposed activity through the implementation of the following activities during the past 24 months: The RDA has assisted in the acquisition, rehabilitation, development, and resale of 431 housing units. The City's Home Improvement Program has assisted in the rehabilitation of 91 households. 10)Total Budget: $4,000,000. 11)Performance Measures: This activity will assist in the purchase of approximately 38 multiple family units to. be occupied by persons at or below 50 percent of the area median income. NSP2 Application -Page 22 P300 1) Activitv Name: NSP2 Down Payment Assistance 2) Activitv Type: NSP2 Eligible Use -Establish financing mechanism for purchase and redevelopment of foreclosed upon homes and residential properties; CDBG Eligible Activity- 24 CFR 570.201(a) Acquisition, (b) Disposition, and 570.202 Rehabilitation. 3) National Objective: Beneficiaries of the units acquired through this activity will be restricted to LMMC as defined in the NSP2 notice. All participants will be restricted to the income level below 120 percent of the area median income. 4) Proiected Start Date: 09/01/2009 5) Proiected End Date: 09/01/2012 6) Responsible Organization: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Contact: Tom Grahn, (909) 477-2750, tom.orahnna citvofrc.us 7) Location Description: The use of NSP2 funds will be used on a City wide basis. The acquisition of homes in the Southwest Cucamonga area (Census Tract 21.00) is encouraged due to the concentration of lower income households. This activity will parallel an existing Down Payment Assistance program operated by the Redevelopment Agency, operated on a City wide basis, and an activity funded with NSP1 funds targeted to those tracts with the highest risk of foreclosure. 8) Activitv Description: This activity is for the acquisition and rehabilitation foreclosed and abandoned homes to be utilized in cooperation with the Redevelopment Agency's Down Payment Assistance program and the NSP1 Down Payment Assistance program. The tenure of the homes acquired through this activity is homeownership. Available funds will be used for the acquisition of a minimum of 22 homes, and provide any necessary rehabilitation (based on the availability of funds). The homes acquired through this activity will provide affordable homeownership opportunities for individuals and families earning at or below 120 percent of the area median income. The Down Payment Assistance contribution will be recorded as asilent-second, which will be repaid, along with any associated NSP funded rehabilitation costs, upon the future sale of the home. Any funds received as program income (acquisition and rehabilitation) may be reutilized for the acquisition of additional housing units. Any rehabilitation activities associated with these acquired homes will be coordinated through the City's CDBG funded Home Improvement Program. Once the home is acquired, the City will determine the priority of rehabilitation activity, and coordinate rehabilitation improvements with local contractors. Rehabilitation funds are not NSP2 Application -Page 23 P301 distributed to the program recipient, but are instead coordinated through the City program. All of the foreclosed or abandoned homes acquired this activity will be a minimum of 1 percent below fair market value. 9) Organizational Capacity: The City has demonstrated the organizational capacity to implement this proposed activity through the implementation of the following activities during the past 24 months: • The RDA's Down Payment Assistance program has assisted in the purchase of 22 homes. • The City's participation in the County HOME Consortium has assisted in the purchase of 56 homes. • The City's Home Improvement Program has assisted in the rehabilitation of 91 households. 10)Total Budget: $2,000,000. Providing Down Payment Assistance (up to $80,000) and rehabilitation funds (up to $10,000) for 22 units will amount to $1,980,000. The balance of $20,000 may be utilized on those acquired homes that require additional rehabilitation. 11)Performance Measures: This activity will assist in the purchase of a minimum of 22 homes to be occupied by persons at or below 120 percent of the area median income. NSP2 Application -Page 24 P302 1) Activity Name: NSP2 Administration 2) Activity Tvoe: CDBG Eligible, Activity - 24 CFR 570.206 Program administrative costs. 3) National Objective: Beneficiaries of the units acquired through this activity will be restricted to LMMC as defined in the NSP notice. All participants will be restricted to the income level below 120 percent of the area median income. 4) Proiected Start Date: 09/01/2009 5) Proiected End Date: 09/01/2012 6) Responsible Organization: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Contact: Tom Grahn, (909) 477-2750, tom.grahn(a~cityofrc.us 7) Location Description: Rancho Cucamonga City Hall, 10500 Civic Center Drive, . Rancho Cucamonga, CA 91730. 8) Activity Description: Administration of the NSP2 program. 9) Organizational Capacity: As demonstrated by the three preceding programs, the City has demonstrated the organizational capacity necessary to undertake the proposed NSP2 activities. 10)Total Budget: $1,000,000 (funding equals 10 percent of the City's NSP2 request for funding). 11)Performance Measures: Administration of the NSP2 grant and assistance in the purchase and rehabilitation of a minimum of 100 foreclosed or abandoned homes. The timely submittal of the NSP Application, and the timely reporting of program accomplishments in the Disaster Recovery Grant Reporting System (DRGR). NSP2 Application -Page 25 P303 Income Limits: Applicable to the Riverside-San Bernardino-Ontario MSA 50% Area Median Income Limit b household 1 PERSON 2 PERSON 3 PERSON 4 PERSON 5 PERSON 6 PERSON 7 PERSON 8 PERSON $23,300 $26,650 $29,950 $33,300 $35,950 $38,650 $41,300 $43,950 120% Area Median Income Limit b household 1 PERSON 2 PERSON 3 PERSON 4 PERSON 5 PERSON 6 PERSON 7 PERSON 8 PERSON $55,950 $63,950 $71,950 $79,900 $86,300 $92,700 $99,100 $105,500 Source: htto://www.huduser,orq/publications/commdevl/nsp.html, link: Data on the Income Limits applicable to the NSP. Yearly updates to the income limits are provided at: http://www. huduser. org/datasets/il. html. NSP2 Application -Page 26 P304 CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 33030 & 33031 33030 33031 (a) It is found and declared that there exist in many communities blighted areas that constitute physical and economic liabilities, requiring redevelopment in the interest of the health, safety, and general welfare of the people of these communities and of the state. (b) A blighted area is one that contains both of the following (1) An area that is predominantly urbanized, as that term is defined in Section 33320.1, and is an area in which the combination of conditions set forth in Section 33031 is so prevalent and so substantial that it causes a reduction of, or lack of, proper utilization of the area to such an extent that it constitutes a serious physical and economic burden on the community that cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment. (2) An area that is characterized by one or more conditions set forth in any paragraph of subdivision (a) of Sectioh 33031 and one or more conditions set forth in any paragraph of subdivision (b) of Section 33031. c) A blighted area that contains the conditions described in subdivision (b) may also be characterized by the existence of inadequate• public improvements or inadequate water or sewer utilities. (a) This subdivision describes physical conditions that cause blight: (1) Buildings in which it is unsafe or unhealthy for persons to. live.or work. These conditions may be caused by serious building code violations, serious dilapidation and deterioration caused by long-term. neglect, construction that is vulnerable to serious damage from seismic or geologic hazards, and faulty or inadequate water or sewer utilities. (2) Conditions that prevent or substantially hinder the viable use or capacity of buildings or lots. These conditions may be caused by buildings of substandard, defective, or obsolete design or construction given the present general plan, zoning, or other development standards. (3) Adjacent or nearby incompatible land uses that prevent the development of those parcels or other portions of the project area. (4) The existence of subdivided lots that are in multiple ownership and whose physical development has been impaired by their irregular shapes and inadequate sizes, given present general plan and zoning standards and present market cohditions. (b) This subdivision describes economic conditions that cause blight: (1) Depreciated or stagnant property values. NSP2 Application -Page 27 P305 (2) Impaired property values, due in significant part, to hazardous wastes on property where the agency may be eligible to use its authority as specified in Article 12.5 (commencing with Section 33459). (3) Abnormally high business vacancies, abnormally low lease rates, or an abnormally high number of abandoned buildings. (4) A serious lack of necessary commercial facilities that are normally found in neighborhoods, including grocery stores, drug stores, and banks and other lending institutions. (5) Serious residential overcrowding that has resulted in significant public health or safety problems. As used in this paragraph, "overcrowding" means exceeding the standard referenced in Article 5 (commencing with Section 32) of Chapter 1 of Title 25 of the California Code of Regulations. (8) An excess of bars, liquor stores, or adult-oriented businesses that has resulted in significant public health, safety, or welfare problems. (7) A high crime rate that constitutes a serious threat to the public safety and welfare. NSP2 Application -Page 28 Maps Page 1 P306 US_ fkperbrtenl of Baring and lhban Development Offce d nolicy Development and Research Neighbotitiwd Stabillzatlon Program >Cit ,State or Zi or Census Tract Rancho Cucamon a, CA ~ - "' Y ( ) P ( ) g ! Search) ; Clear Selections ' Reset Map We are experiencing hoavy traffic volume Please be patient after cllclting on the tracts while the web page Is updated. Search by address to view and select the dealred census tracts 1/it3w Target Geographies L Edlt Profile Logout TRACT SELECTION d ~ t ~ ~ Save ~ ..` ~` Target Geography blame Rancho Cucamonga ~~~:~ ~Cancuc Tract. Foraclocure ~ Score _ Vacancy Score Max Score ~ _J. D92Q43 2oi 10 zo, ;, XJ;0020,D2 20'. 7~! 20i ~f 449~,iZ ta' t2;~ te: ' ~~'Q024,D9 20' 12;' 20 _ ` ~ ~' 4429.44 20"~, 12'~~ 2D C X 'i;9429.,98 20, it': 20i t.. ~ ~ I _ X ~ '4424 QI 20 1 D' ~ 20 i _ _ ~!'44.'t324 20'~ t11 20' ~ -, .. PQ21.94 ." x I 2D ,D ~p , r ~ ."~'942LD~ te! aIj tgi De"rlervlkr Average Max Score:; ts,02~ The "foreclosure" risk ccwe Is based on rank census tracts by two measures: (I) pereeM of foreclosure problems and (Iq number of foreclosure problems. Each tract racalvec lhs higher rank (from 1 to 20) from those two rankingc. The "vacancy' risk score Is bated on an elgorlthm that combines 00-day vacancy rates wlih foreclosure problom rates and then ranks cansuc traclc from 1 to 20 on thls estimate. For more Information on how thaea astimatee were developed, sae the rngtiL4dplpgy. The NSP lost dkplayc fha average risk ccora for selected census Vacts. The avaraga ccora k; color coded with red Indicating high rlak. HUD prantc era avallabla only for the high rick areas. Tha esneuc traclc nand not have high reek scores for both foraeloeura rates and vacancy rates. http://www,huduser.org/nspgis/map.aspx 6/I 6/2009 P307 ~. ~n ~ ro c >, U bA • ~ ~ U c~ ~ :. 3 ~ ~ Q p ~ ~ ~ z N ~~ ~ ~ ~~ ~ : ~~ °= Q ~ Tom. ~, ~ :~> ~ ~ z ~ -~ `-" o =~ ¢ ~ o U ~ U a U o ~ z o ~ _ U z ~' ~ z Q ¢ 0 0 ~ ~ O x ~..i O a U ~ U o y ~ `-~~ d ~ ~ ~ ~~ ' C7 ~ ~ ~ ~, ,~ W ~ '~ ue A ~ ~ .., s . ~ Q z ~ ~ ~ , ~ , o o ~ ~ ~ ~ U °., ¢ a., c~ a x za UFO Q' ~ ~~U P308 FasiTrack for September/October 2008 -Place Making Page 1 of 2 Place Making As if the apartment market wasn't tight enough...an influx of individuals seeking a better quality of life in Rancho Cucamonga; some people having to leave behind foreclosed homes to take up residence in apartments; and a community that is quickly becoming built out. But when you also factor in the reality that many members of the workforce (recent college graduates, administrative professionals, retail managers, teachers, etc.) have trouble meeting today's higher rental rates, it can be really tough frying to maintain a Rancho residence. Fortunately, there is a bright spot on the horizon, because in the not-too-distant future, approximately-166 brand new two- and three-bedroom multi- familyapartment units will be added to the mix of reduced- rate workforce and senior units currently found thrdughout the community. The development, known as Villaggio on Route 66, will be the first project of its kind for the Redevelopment Agency. Villaggio on Route 66 - a joint venture between Previously, the Agency helped the Ranchn Cucamonga Redevelopment Agency eslat)IiSh hundreds of multi- and Rancho workforce Housing, LP -will be the first new workforce housing Aevebpment of its family residences in existing kinn. apartment communities through long-term covenants, and has even helped build some new, reduced- rate senior projects in Rancho Cucamonga (Heritage Pointe and Olen Jones being the most recent). But the Villaggio (Italian for "village") project will be the first Agency effort of its type beginning from the ground up. And even though the project has not officially broken ground yet, the site clearance phase is well underway in anticipation of a 2010 opening. Partnering with Rancho Workforce Housing, LP, a joint venture of the non-profit housing organization National Community Renaissance and Workforce Homebuilders, LLC, the Redevelopment Agency will contribute approximately X27 million toward [he Villaggio development. The Agency's investment will be about 50% of the project's total cost, with the developer/owner picking up the balance. Agency housing set-aside funds, derived from the lax increment it receives, will be used to finance its portion of the project. h ttp://ca-rcra. ci vi cp I us. co m/Document V i ew, aspx?DID=325 6/l 5/2009 In addition to providing an attractive new housing dnvela pn~enf for Rancho Cucamonga residents, offeriny both retlucetl-price and markeDrate units, the Villaggio project will include a 5,600 square roof community huliding, P309 FastTrack for September/October 2008 -Place Making Page 2 of 2 In consideration of the Agency's financial commitment, the developer/owner will provide 60% of the units at reduced rental rates (calculated using a percentage tied to San Bernardino County residents' median income), and the remaining 20% will be leased at market rates. Additionally, the reduced-rate units are guaranteed to remain that way for 99 years,, which means that they will remain affordable for future generations as well. Villaggio on Route 66, as the name suggests, will be located on Foothill Boulevard -Rancho Cucamonga's portion of the Earned Mother Road. The project will be built on approximately 10.5 acres, much of which was previously blighted, undeveloped and underutilized land. The project's 166 units will be built among an attractive mix of one-, two-, and three-story buildings that will be consistent with the design and quality that Rancho Cucamonga is known for and expects. The development will also include a 5,600 square foot community building where residents can hold meetings and events, and take advantage of planned educational, health, and social programs. In addition fo the direct benefits that Villaggio on Route 66 will provide to residents seeking more affordable living, the development will also support the Agency's efforts to encourage a better infix of residential and commercial uses along Foothill Boulevard. As recommended in its Economic Development Stratecy, portions of the FootYiill Boulevard corridor could see improved business activity if additional housing is developed on the Boulevard. That's because residents who occupy these housing developments are more likely to patronize nearby businesses because of their proximity and the convenience that local merchants can provide. Throughout the greater Southern California area, the need for safe, inexpensive, quality housing continues to be a priority for cities like Rancho Cucamonga, which strive to provide a wide range of housing choices and opportunities for its residents. And with the addition of the Villaggio on Route 66 project, the Redevelopment Agency and its partners will take another step toward rneeting the needs of the community. w ~" ~": a9 ', Wr . ~y~ J r 4 h ttp : //ca-rcra. civ i cp I us.com/Docu ment V i ew. aspx?DID=325 6/ 15/2009 Translonning this blighted, undeveloped, and undcni tllized area of ttie rlt:y into a high~quall[y, rcdiued-rate residential development will not only benefit residents, but could help nearby businesses too. P310 OMB Number: 4040-D004 Expiration Date: 01/312009 Application for Federal Assistance SF-424 Version 02 "1. Type of Submission: '2. Type of Application ` If Revision, select appropriate letter(s) . ^ Preapplication ®New ®Application ~ ^ Continuation `Other (Specify) ^ Changed/Corrected Application ^ Revision 3. Date Received: 4. Applicant Identifier. Sa. Federal Entity Identifer: `Sb. Federal Award Identifer: State Use Only: 6. Date Received by State: 7. State Application Identifier: B. APPLICANT INFORMATION: `a. Legal Name: City of Rancho Cucamonga `b. Employer/Taxpayer Identifcation Number (EINlTIN): `c. Organizational DUNS: 95-3213002 007052970 d. Address: `Street 1: 10500 Civic Center Drive Street Z: `City: Rancho Cucamonga County: - - 'State: CA Province: "Country: USA 'Zip I Postal Code: 91730 e. Organizational Unit: Department Name: ~ Division Name: Planning Department f. Name and contact information of person to be contacted on matters involving this application: Prefix: Mr. `First Name: Thomas Middle Name: `Last Name: Grahn Suffix: Title: Associate Planner Organizational Affiliation: City of Rancho Cucamonga 'Telephone Number: 909.477.2750 Fax Number: 909.477.2847 "Email: tom.grahn@cityofrc.us P311 OMB Number: 4040-0004 Expiration Daie: OI/312009 Application for Federal Assistance SF-424 Version 02 "0. Type of Applicant 1: Select Applicant Type: C. City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: 'Other (Specify) "10. Name of Federal Agency: U.S. Department of Housing and Urban Development 11. Catalog of Federal Domestic Assistance Number: 14.256 CFDA Title: Community Development Block Grant (CDBG) -Neighborhood Stabilization Stimulus Program (Competitive) *12 Funding Opportunity Number: "Title: 13. Competition Identification Number. Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): City wide program "15. Descriptive Title of Applicant's Project: P312 OMB Number: 4040-0067 Expiration Date: OIO1R009 Application for Federal Assistance SF-424 Version 02 16. Congressional Districts Of: 'a. Applicant: CA-026 `b. Program/Project: CA-026 17. Proposed Project: 'a. Start Date: 07/17/2009 'b. End Date: 09/30/2012 18. Estimated Funding ($): 'a. Federal $10,000,000 - 'b. Applicant 'c. State 'd. Local `e. Other 'f. Program Income 'g. TOTAL ~ $10,000,000 `19. Is Application Subject to Review By State Under Executive Order 12372 Process? ^ a. This application was made available to the State under the Executive Order 12372 Process for review on ^ b. Program is subject to E.O. 12372 but has not been selected by the Siate for review. ® ~c. Program is not covered by E. O. 12372 _ "20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) ^ Yes ® No 21. 'By signing this application, I certify (1) to the statements contained in the list of certifcations" and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances" and agree to comply with any resulting terms if I accept an award. I am aware that any false, fctitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001) ® "IAGREE "The list of certifications and assurances, or an Internet site where you may obtain this list, is contained in the announcement or agency specifc instructions. Authorized Representative: Prefix: 'First Name: Donald Middle Name: 'Last Name: Kurth Suffix: M.D. 'Title: Mayor , 'Telephone Number: 909.477.2700 Fax Number: 909.477.2847 'Email: 'Signature of Authorized Representative: 'Date Signed: 07/01/2009 Authori>ed for Local Reproduction Standard Form 424 (Revised 10/2005) Prescribed by OMB Circular A-10? P313 NSP2 CERTIFICATIONS (1) Affirmatively furthering fair housing. The applicant certifies that it will affirmatively further fair housing, which means that it will conduct an analysis to identify impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting the analysis and actions in this regard. (2) Anti-displacement and relocation plan. The applicant certifies that it has in effect and is following a residential anti-displacement and relocation assistance plan. (3) Anti-lobbying. The applicant must submit a certification with regard to compliance with restrictions on lobbying required by 24 CFR part 87, together with disclosure forms, if required by that part. (4) Authority of applicant. The applicant certifies that it possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations and other program requirements. (5) Acquisition and relocation. The applicant certifies that it will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601), and implementing regulations at 49 CFR part 24, except as those provisions are modified by the notice for the NSP2 program published by HUD. (6) Section 3. The applicant certifies that it will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701 u), and implementing regulations at 24 CFR part 135. (7) ,Citizen participation. The applicant certifies that it is carrying out citizen participation in accordance with NSP2 requirements. (8) Use of funds. The jurisdiction certifies that it will comply with Title III of Division B of the Housing and Economic Recovery Act of 2008, as modified by the American Reinvestment and Recovery Act by spending 50 percent of its grant funds within 2 years, and spending 100 percent within 3 years, of receipt of the grant. (9) The applicant certifies: a. That all of the NSP2 funds made available to it will be used with respect to individuals and families whose incomes do not exceed 120 percent of area median income; and b. The applicant will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108 loan guaranteed funds, by assessing any amount against properties owned and occupied by persons of low- and moderate-income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. NSP2 Certifcations -Page 1 P314 However, if NSP funds are used to pay the proportion of a fee or assessment attributable to the capital costs of public improvements (assisted in part with NSP funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. In addition, with respect to properties owned and occupied by moderate-income (but not low-income) families, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than NSP funds if the jurisdiction certifies that it lacks NSP or CDBG funds to cover the assessment. (10) Excessive force. The applicant, if an applicable governmental entity, certifies that it has adopted and is enforcing: a. A policy prohibiting the use of excessiye force by law enforcement agencies .within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and b. A policy of enforcing applicable state and local laws against physically barring entrance to, or exit from, a facility or location that is the subject of such nonviolent civil rights demonstrations within its jurisdiction. (11) Compliance with anti-discrimination laws. The applicant certifies that the NSP grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the Fair Housing Act (42 U.S.C. 3601-3619), and implementing regulations. (12) Compliance with lead-based paint procedures. The applicant certifies that its activities conderning lead-based paint will comply with the requirements of 24 CFR part 35, subparts A, B, J, K, and R. (13) Compliance with laws. The applicant certifies that it will comply with applicable laws. July 1.2009 Signature/Authorized Official Date Mayor NSP Certifications- Page 2 L L r- ~~ .~ N ._ c~ O 0 L Z t+ L V 0 ~ m V ~ ~- a~ ~ ~ ~ O Q ~, a o Z '- O V L O a m 0 v W L /1 Z O +~ N Q. 0 V J N .~ Q I .-: 2 N C .~ 2 U_ O O U W ~ Q ~W ~_ • ~ ~~ O 2p ~ N ~ O ~ U ~ Q N ~+ N ~ ~L > O Q I O L .~ Q ca .~ I ~+- O U Q N N C .N N a--+ Q O ~' N > ~ O C ~ (~ L Q Q CV .. Z N F- L' ~ ~ . 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O ~ O ~ ~ O ~ ~ U ~ }' O O ~ ~ N _U O ~ ~ Q U ~ ~ O +~ N C ~ N ~ N ~ C ~ . ~ ~ U ~ O ~ > ~ N }, • ~ 4 ~ N ~ ~ ~ ~ ~ ~ ~ c~ ~ ~ ~ ~ O _ C ~ ~ ~ ~ O N ~ .~ N L O > L ~--~ N ~ ~ ~ ~ N N O Z ~ ~ ~ N O ~ N C ~ (~ ~.., .~ v~ C~ N ~ ~ (~ ~ ~ ~ ~ ~ ~ ~ Q ~ O ~ p ~ ~ _~ _~ ~ O ~ ~ ~ ~ N ._ ~ C ~ ~ U ~ ~ ~ ~ ~ ca _N ~_ ~ ~ L ~ ~~ ~ .~ .~ N ~ ~ CCf O o ~ - ~ N ~ ~ ~ ~ ~ o Q ~ ~ ~ ca ~, ~ z L ~ C6 "~ "~ ~ ~ 0 (~ +~ U ~ ~ (C3 CC9 L ~ ~ ~ ~ ~ U U ~ L" ~ N ~ C C N ~ Q ~ L - - ~ ~ J ~ I I Z 0 O ~ ~ ~-+ ~ ~ ~ .~ ~ W ~ L ~ ~ O N ~ ~ J ~ I Z O ~\° ~.(~ o ~ ~ O ~ N N Z ~ ~ ~ o ~ ~ ~ ~ o o `~ -_ ~ ~n ~ ~ ~~ N~~ L c~ O ~ ~ ~ (~ ~~ ~~~ C (~ ~~ L, ~ ~ ~ ~~ ~ ~ ~ .~ Q N O C~~ I ~~ Z ~ _ ~ ~ o Q ~~ ~~`~ ~~ ~ ~ ~ ~ O 2 ~> ~ ~ ~ L ~~~ ~ ~ ~ .~ .. .,~ ~ ~- C6 • L _~ o ~ ~ ~ ~ ~ ~ ~ O .~ ~ ~_ ~ O 0 ~ •~ ~ N ~ ~ ~ ,~ C6 ~ U ~ ~~ ~ ~ ~ ~ ~ ~ N ~ ~ ~ W ~ Z ~ N N ~ _O ~ > .~ L . ~ (n ~~ ~ ~ ~ +~-+ ., Q. N ~ ~ ~ N ~ ~ L ~ ~ ~ ~~ ~ N ~ ~ ~ N ~~ ~ ~ ~ i ~ U .~ L (~ }, ~ U ~ N U ~ ~~ ~~ ~ ~~ ca ~ o ~ z a~ a~ ~~ ~~_~ ~ ~ U -~a~~z~ ~ ~ 0 L /~~ I..L `~ 1 N Z O O N ti _~ O Q~ L U Q Q N (a .~ N i ~--~ Q~ 'Q~ VJ N U c O v~ N Z 0 O L N vi c ON.. Z 0 O L M "~ C fa ~ (~ U _ C~ +-~ ~ CCf ~ ~ C ~ _ i C~ ~ ~ ~ (n ~ ~ O N N ~N ~ ~ ~ N ~ ~ ~ ~ ~ ~ .,..., O ~ ~ L- L O ~ ~ ~ ~ ~ Q ~ ~ ~ +r N U cCf ~ ~ ~ ~ ~ = ~ W L }+ ~ ~ ~_ ~ O ~ ._ ~ (~ ~ Q W ~>~~a~a~~a~ ~ ~ C6 N ~ L ~ ~ C~ ~ ~ ~ N~ j~ to ~ O ~ j 0 N N ~ I I I I I Z .O U Q Q ~ Q N ~ ~ ~ ~ ~' z ~ ~ O Q ~ O O p ~ o U ~ ~ ~ U n O ~ ~ ~ ~ °~ c~ ~ ~ I .-. 0 ca 0 Q N N i ~ - O ~ -°~ Q ~ ~ ~ O II N ~ .~ ~ O O ~ ~ ~ ~ U= x ~ ~ L ~ O ~~~ N ~ ~ ~ L Q O ~~ O .~ .~ ~ ~ ~- Q L ~ .~ i O ~ U .,.., ~ ~ O ~ Q~ ~ _o vi ~ ~ ~ ~ ~ ~ ~ c~o~~c~ ~~Zc~~ I I In 0 L O a U ai 0 L Q N 0 0 L.I_ v! ~~ L^1 ,ArW I..L O VJ .~ N .~ ~ O U ~ ,,~, N 'i O ~ N ~~~ QV U (0 ~ ~ N ~ O O O O U ~U ~ ~ ~ .~ ~ (B = O N ~~ O C O ~~~~ ~ ~ ~ ~ ~ ~ - C N ~ -p `~ C ~ ~' O L ~ ~ N(a2~ i ~ ~ p ~ U ~ ~ ~_ •~ ~ N ~ N ~ ~ Ow O ~ ~ ~ ~ 0 N ~ N ~ ~ C i ccf ~ ~~., 6M9. O i ~ L O~O O~~ -F Q (~-_ (~ .~ ~~ Q ~ Q ~ L ~ O ~ ~ ,~ ~ N ~ U O ~ U ~~.~.~ c ~ cts G W V! 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U Z v~ c i~ « ~ cB U '~ V/ .~ a ~--+ 0 ~ N ~ ~ O ~~'~~ ~L~~Uoc .~ EL~.~~~o~-ao ~ o Q~cn coo ~c~' .,_. ca "~ ~ _~ boo cn >,p N E 0~o~~3om~~ ~ ~~Q~z~~L~~ ,~ p~ ~_v_i•- ~ a> ~L~~,~3a~o~. o ,~oco~~~°-o ~ ~ ~ ~ Q~ U p o p ~ ~ ~ ~ ,fA L ~ ~ Q~ ~ ~ ~ Q ~ ~ ~ ~ a L O ~ ~•L ~ C Q ~ p~ p E ~ p 0 a~a~EUL~~~~ z ~•~~°~u~iL~~~~ ~ ~~~~coo-ate '- L~ (oQ p U L~ U ~;~ O O ~a~ ~ p a~ p ~~ 0 L L L ~ ~O~ ~L(!~ C O•V N O ~ C ~ ~ ~ ~ Z Ca ~. `~ cn .. ~~ p N N~ N .c%) .+~ N p~ N N +~ L C ~ ~ Ca , ~ Qa C N N ~ N _ ~._ cA~ N E pQa,~pZ ~ ~ pJ a. t0 (0 ~ ~ N ~ O ~ .N ~ ~ N C Q~Z ~ N ~ ~ 0~~, ~_ ~, L N N- L p_ ~ /~~ L .~I Q Z c ~ ~ • - N .,_, Q ~ ~ • ~ O ~ .~ U ~~ O Q U a > _ }' N ~ a ~ ~ z ~ ~ . o ~ o ~ o w (~ O ~; 0 O Q Q - N :- , .3 a ~ z ' a. > ~ ~ ~ ~ ~~ ', U ~ ~. ~ ~ ~ ~ , H ~ ~ ~~ STAFF REPORT ENGINEERING DEPARTMENT Date: July 1, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Service/City Engineer By: Michael TenEyck, Utility Operations Manager P315 ~~ RANCHO ~UCAMONGA Subject: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING ELECTRIC RATES, FEES AND CHARGES PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE DATION: The City Council adopts a Resolution amending the existing electric rates, fees and charges pursuant to the requirements and authority of Chapter 3.46 of Title 3 of the Rancho Cucamonga Municipal Code. BACKGROUND/ANALYSIS: The City Council of the City of Rancho Cucamonga established a municipal utility on August 31, 2001. The City subsequently undertook the actions necessary to obtain electric power from energy suppliers and construct the necessary facilities to distribute the acquired electric power to retail customers within the City.. The City Council determined that the adoption of Electric Service Rules and Regulations was necessary to further the orderly distribution of the electric power to the City's retail customers. The City Council subsequently adopted Chapter 3.46 of Title 3 of the Rancho Cucamonga Municipal Code establishing Electricity Service Rules and Regulations and authorizing that the rates, fees and charges, may be amended from time to time by resolution. Effective June 1, 2009, Southern California Edison Company's (SCE's) rates were modified to implement the supplemental change in SCE's General Rate Case Revenue Requirement, the change will have no impact on RCMU system average rates. The change in Rancho Cucamonga Municipal Utility Electric Service Rates is to maintain parity with SCE Electric Service Rates. The City has provided the required notification to the public by publishing notice of this hearing on June 16, 2009, and June 23, 2009, in the Inland Valley Daily Bulletin, a local newspaper of general circulation, and posting notice in at least two separate locations within the City. The proposed revised rates have been available for public review in the City Clerk's Office since the advertisements and resolution were first published on June 16, 2009. The City Council has assured itself that the amended rates fees and charges reflect the City's reasonable and prudent costs for such an enterprise and do not establish unfair, unreasonable or excessive rates that exceed the City's reasonable costs of doing business. Respe Submitted, r Director of Engineering Services/City Engineer MAS:MT/akt P316 RESOLUTION NO. 09-~y~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING ELECTRIC RATES, FEES AND CHARGES PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE. A. Recitals. (i) The City Council of the City of Rancho Cucamonga has previously adopted Chapter 3.46 of Title 3 of the Rancho Cucamonga Municipal Code establishing Electricity Service Rules and Regulations and authorizing that the rates, fees and charges arising, directly or indirectly, under said legislation be adopted pursuant to .resolution, and thereafter, be amended from time to time by resolution. (ii) City staff has prepared a comprehensive schedule of the rates, fees and charges that reflect the reasonable and prudent costs relating to the acquisition and distribution of electric power to retail customers and are recommending that the City Council adopt the recommended fees. These rates do not present the City an opportunity to achieve profits or to impose charges in excess of the costs reasonably related to the development, maintenance and expansion of a municipal electric distribution system. The City Council has directed City staff to regularly review the operations of the City's electric utility to ensure that the rates are sufficient to cover all prudent business costs, reserves and capital equipment acquisition but not exceeding the amount necessary for the same. The rates, fees and charges reflect the reasonable costs to the City system only and do not reflect any excess rates, fees, or charges that are in excess of the reasonable costs of providing the electrical services as set forth. hereinafter. (iii) The City Council has reviewed the adoption of this Resolution pursuant to the requirements of the California Environmental Quality Act of 1970, as amended, and has determined that the adoption of the Electric Rules and Regulations has no foreseeable potential to a result in a significant impact upon the environment and is exempt from CEQA review pursuant to State CEQA Guidelines Section 15061(b)(3). Further, the City Council has determined that the adoption of the fees is exempt from substantive environmental review under Section 15273 of the State CEQA Guidelines as no capital projects for system expansion are included in the proposed action. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find and resolve as follows: Section 1. The facts set forth in the Recitals, Part A of this Resolution, are true and correct. Section 2. The rates, fees and charges assessed under Chapter 3.46 of Title 3 shall be as set forth on Attachment 1 hereto and incorporated by reference as if fully set forth herein. 11231-0001\80772Gvl.doc P317 Section 3. The City Clerk shall certify to the adoption of this Resolution. PASSED AND ADOPTED this 1st day of July, 2009. Mayor I, Janice Reynolds, City Clerk, City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 1st day of July, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk, City of Rancho Cucamonga 11231-0001\807726v1.doc P318 CITY OF RANCHO CUCAMONGA NOTICE OF PUBLIC HEARING AMENDING OF RATES AND CHARGES FOR ELECTRIC DISTRIBUTION AND SERVICE COSTS AND RELATED ACTIONS -PLEASE TAKE NOTICE that the City Council of the City of Rancho Cucamonga will conduct a public hearing on Wednesday, July 1, 2009 at 7:00 p.m. or as soon thereafter as it may be heard, to consider the adoption of the proposed resolution entitled "A Resolution Of The City Council Of The City Of Rancho Cucamonga Amending Electric Rates, Fees And Charges Pursuant To The Requirements And Authority Of Chapter 3.46 Of Title 3 Of The Rancho Cucamonga Municipal Code "attached hereto as Attachment 1. The public hearing shall be held in the Council Chambers of the City of Rancho Cucamonga located in Rancho Cucamonga City Hall, which is addressed as 10500 Civic Center Drive, Rancho Cucamonga, California 91730.Every interested person is invited to attend the public hearing, including all land owners within the City, and address the City Council in regards to the matters set forth in the proposed ordinance in regards to the charges for services and electric service, including, but not limited to whether the proposed rates and charges are discriminatory, excessive, insufficient .under California Government Code Section 54515, will be noncompliant with the Revenue Bond Law of 1941 or on any matter relating to the proposed ordinance or the rates or charges proposed therein. Anyone having concerns or questions regarding this hearing may contact the Engineering Division at (909) 477-2740, or visit City Offices at 10500 Civic Center Drive, Monday through Thursday from 7:00 a.m. to 6:00 p.m.lPublish: Tuesday, June 16, 2009 and Tuesday, June 23, 2009. 11236-0001\792725v1.doc P319 Table of Contents Electric Rates and Tariffs SMALL COMMERCIAL MEDIUM COMMERCIAL MEDIUM COMMERCIAL (TIME-OF-USE) LARGE COMMERCIAL STREET LIGHTING TRAFFIC CONTROL OUTDOOR AREA LIGHTING IRRIGATION SYSTEMS RENEWABLE ENERGY SERVICE ESTABLISHMENT CHARGE 1 3 6 10 14 17 18 20 21 22 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY P320 ELECTRIC RATES & TARIFFS SMALL COMMERCIAL A. Applicability. Applicable to single and three-phase general service including lighting and power Customers, except for the Customer whose monthly Maximum Demand, in the opinion of the Utility, is expected to exceed 20 kW or has exceeded 20 kW in any three (3) months during the preceding twelve (12) months is ineligible for service under this Schedule. Effective with the date of ineligibility of any Customer served under this Schedule, the Customer's account shall be transferred to another applicable Rate Schedule. B. Territory. Within the entire territory served. C. Rates. Ener Char e $/kWh/Meter/Month _ Summer $ 0.15461 Winter 0.15098 Customer Char e- $/Meter/Da 0.64 Three Phase Service - $/Da 0.157 L The energy charge reflects that 23.28% of the investor-owned utility energy requirements are supplied by the California Department of Water Resources. This percentage will be adjusted monthly to reflect actual energy purchases. D. Special Conditions. 1. Summer and Winter Seasons are defined as follows: The Summer Season shall commence at 12:00 a.m. on June 1st and continue until 12:00 a.m. on October lsf of each year. The Winter Season shall commence at 12:00 a.m. on October 1st of each year and continue until 12:00 a.m. on June 151 of the following year. A pro rata computation will be made for seasonal billing purposes. 2. Voltage. Service will be supplied at one (1) standard voltage. 3. Three-Phase Service. Where the Utility provides three-phase service, the billing will be increased by the amount shown in the Rates section above. 4. Temporary Discontinuance of Service. 1 Effective Date: June 1, ?009 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS Where the use of energy is seasonal or intennittent, no adjustments will be made for a temporary discontinuance of service. Any Customer, prior to resuming service within twelve (12) months after such service was discontinued, will be required to pay all charges which would have been billed if service had not been discontinued. 5. Customer-Owned Electrical Generating Facilities. Upon written approval by the Utility, momentary parallel operation may be permitted to allow the Customer to test the auxiliary/emergency generating facilities. 6. Installation of Demand Meters. Where a Customer's usage exceeds an average of 4,500 kWh per month in the preceding 12-month period, the Utility may, at its sole option, install a demand Meter on the account at the Utility's expense. 7. Billing Calculation. A Customer's bill is calculated according to the rates and conditions above. The charges are calculated by applying the Rate Charges when applicable to the actual billing determinants (kilowatt hours [kWh], demand [kW], etc.). 8. Power Cost Adjustment Factor (PCAF). The rates above are subject to an adjustment as provided in Rule 12, Section E. 9. Change of Law Adjustment Factor (CLAP). The rates above are subject to an adjustment as provided in Rule 12, Section F. 10. State Mandated Public Purpose Programs Charge. State law requires all California electric utilities to establish a public purpose programs charge of 2.85% of electric retail revenues to fund qualifying energy efficiency programs, renewable energy resources, research and demonstration projects, and services for low-income electricity customers. P321 2 Effective Date: June 1, 2009 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS MEDIUM COMMERCIAL A. Applicability. Applicable to single and three-phase service including lighting and power Customers whose monthly Maximum Demand registers, or in the opinion of the Utility is expected to register, above.20 kW and below 200 kW. The Customer whose monthly Maximum Demand, in the opinion of the Utility, is expected to reach 200 kW or has reached 200 kW for any three (3) months during the preceding twelve (12) months is ineligible for service under this Schedule. Effective with the date of ineligibility, such Customer's account shall be transferred to another applicable Rate Schedule. Further, any Customer served under this Schedule whose monthly Maximum Demand has registered 20 kW or less for twelve (12) consecutive months is eligible for service under another applicable Rate Schedule. B. Territory. Within the entire territory served. C. Rates. Ener Char e - $/kWh/Meter/Month Non TOU Pricin O tion Summer Season $ 0.08]64 Winter Season 0.07358 TOU Pricin O tion Summer Season - On-Peak 0.10493 Mid-Peak 0.08479 Off-Peak 0.05838 Winter Season -Mid-Peak 0.08835 Off-Peak 0.06219 Customer Char e - $/Meter/Month 107.18 Demand Char e - $/kW of Billin Demand/Meter/Month Facilities Related 11.46 Time Related Summer 18.58 TOU O tion Meter Char e - $/Meter/Month Standard 20.87 RTEM 179.85 1. The energy charge reflects that 23.28% of the investor-owned utility energy requirements are supplied by the California Department of Water Resources. This percentage will be adjusted monthly to reflect actual energy purchases. P322 3 Effective Date: lone 1,?009 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS D. Special Conditions. 1. Time periods are defined as follows: On-Peak: Noon to 6:00 p.m. summer weekdays except holidays. Mid-Peak: 8:00 a.m. to noon and 6:00 p.m. to 11:00 p.m. summer weekdays except holidays. 8:00 a.m. to 9:00 p.m. winter weekdays except holidays. Off-Peak:. All other hours. Holidays are New Year's Day (January 1), Washington's Birthday (third Monday in February), Memorial Day (last Monday in May), Independence Day (July 4), Labor Day (first Monday in September), Veteran's Day (November 11), Thanksgiving Day (fourth Thursday in November), and Christmas (December 25). When any holiday listed above falls on Sunday, the following Monday will be recognized as an off=peak period. No change will be made for holidays falling on Saturday. The Summer Season shall commence at 12:00 a.m. on June ]s` and continue until 12:00 a.m. on October 1~` of each year. The Winter Season shall commence at 12:00 a.m. on October 1~t of each year and continue until 12:00 a.m. on June Is` of the following year. A pro rata computation will be made for seasonal billing purposes. 2. TOU Pricing Option. Customers may elect the TOU Pricing Option under this Schedule, but only after installation of an interval meter provided at the customer's expense. Customers may elect a standard interval data recorder (IDR) meter or Real Time Energy Metering (RTEM) meter and shall pay the monthly charges, as indicated in the Rates Section of this Schedule: Service under TOU pricing will become effective on the next regularly scheduled meter read date following installation of the IDR meter or RTEM meter. 3. Voltage. Service will be supplied at one (])standard voltage. 4. Billing Demand. The Billing Demand shall be the kilowatts of Maximum Demand, determined to the nearest kW. The Demand Charge shall include the following billing components. The Time Related Component shall be for the kilowatts of Maximum Demand recorded during (or established for) the monthly billing period. The Facilities Related Component shall be for the kilowatts of Maximum Demand recorded during (or established for) the monthly billing period. P323 4 Efrective Date: June 1, 2009 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS However, when_the Utility determines the Customer's Meter will record little or no energy use for extended periods of time or when the Customer's Meter has not recorded a Maximum Demand in the preceding eleven (11) months, the Facilities Related Component of the Demand Charge may be established at filly percent (50%) of the Customer's Connected Load. 5. Maximum Demand The Maximum Demand in any month shall be the measured maximum average kilowatt input, indicated or recorded by instruments, during any 15-minute metered interval in the month, but, where applicable, shall not be less than the diversified resistance welder load computed in accordance with the section designated Welder Service in Rule 2. Where the demand is intermittent or subject to violent fluctuations, a 5-minute interval may be used. 6. Temporary Discontinuance of Service Where the use of energy is seasonal or intermittent, no adjustments will be made for a temporary discontinuance of service. Any Customer resuming service within twelve (12) months after such service was discontinued will be required to pay all charges which would have been billed if service had not been discontinued. 7. Customer-Owned Electrical Generating Facilities. Upon written approval by the Utility, momentary parallel operation may be permitted to allow the Customer to test the auxiliary/emergency generating facilities. 8. Billing Calculation. A Customer's bill is calculated according to the rates and conditions above. The charges are calculated by applying the Rate Charges when applicable to the actual billing determinants (kilowatt hours [kWh], demand [kW], etc.). 9. Power Cost Adjustment Factor (P,CAF). The rates above are subject to an adjustment as provided in Rule 12, Section E. 10. Change of Law Adjustment Factor (CLAP). The rates above aze subject to an adjustment as provided in Rule 12, Section F. 11. State Mandated Public Purpose Programs Charge. State law requires all California electric utilities to establish a public purpose programs charge of 2.85%' of electric retail revenues to fund qualifying energy efficiency programs, renewable energy resources, research and demonstration projects, and services for low-income electricity customers.. P324 5 Effective Date: June 1, 2009 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS MEDIUM COMMERCIAL (TIME-OF-USE) A. Applicability. Applicable to single and three-phase service including lighting and power Customers whose monthly Maximum Demand registers, or in the opinion of the Utility is expected to register 200 kW through 500 kW. The customer whose monthly Maximum Demand, in the opinion of the Utility, is expected to exceed 500 kW or has exceeded 500 kW for any. three (3) months during the preceding twelve (12) months is ineligible for service under this Schedule and effective with the date of ineligibility, such Customer's account shall be transferred to Large Commercial. Further, any Customer served under this Schedule whose monthly Maximum Demand has registered below 200 kW for twelve (12) consecutive months is ineligible for service under this Rate Schedule, and shall be transferred to another applicable Rate Schedule. B. Territory. Within the entire territory served. C. Rates. Ener Char e - $/kWh/Meter/Month Summer Season - On-Peak 0.11607 Mid-Peak 0.09364 Off-Peak 0.06428 Winter Season -Mid-Peak 0.09590 Off-Peak 0.06734 Customer Chaz e - $/Meter/Month 415.58 Demand Char e - $/kW of Billin Demand/Meter/Month Facilities Related 11.78 Time Related Summer Season - On-Peak 16.33 Mid-Peak 5.60 Power Factor Ad ustment - $/KVA 0.18 The energy charge reflects that 23.28% of the investor-owned utility energy requirements are supplied by the California Department of Water Resources. This percentage will be adjusted monthly to reflect actual energy purchases. P325 Effective Date: June 1, ?009 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS D. Special Conditions. 1. Time periods are defined as follows: On-Peak: Noon to 6:00 p.m. summer weekdays except holidays. Mid-Peak: 8:00 a.m. to noon and 6:00 p.m. to 11.:00 p.m. summer weekdays except holidays. 8:00 a.m. to 9:00 p.m. winter weekdays except holidays. Off-Peak: All other hours. Holidays are New Year's Day (January 1),. Washington's Birthday (third Monday in February), Memorial Day (last Monday in May), Independence Day (July 4), Labor Day (first Monday in September), Veteran's Day (November 11), Thanksgiving Day (fourth Thursday in November), and Christmas (December 2~). When any holiday listed above falls on Sunday, the following Monday will be recognized as an off-peak period. No change will be made for holidays falling on Saturday. The Summer Season shall commence at 12:00 a.m. on June 151 and continue until 12:00 a.m. on October ls` of each year. The Winter Season shall commence at 12:00 a.m. on October 15` of each year and continue until 12:00 a.m. on June 15` of the following year. A pro rata computation will be made for seasonal billing purposes. 2. Voltage. Service will be supplied at one (1) standard voltage. 3. Billing Demand. The Billing Demand shall be the kilowatts of Maximum Demand, determined to the nearest kW. The Demand Charge shall include the following billing components. The Time Related Component shall be far the kilowatts of Maximum Demand recorded during (or established for) the monthly billing period. The Facilities Related Component shall be for the kilowatts of Maximum Demand recorded during (or established for) the monthly billing period. However, when the Utility determines the Customer's Meter will record little or no energy use for extended periods of time or when the Customer's Meter has not recorded a Maximum Demand in the preceding eleven (11) months, the Facilities Related Component of the Demand Charge may be established at fifty percent (50%) of the Customer's Connected Load. 4. Maximum Demand. Maximum Demand shall be established for the On-Peak, Mid-Peak, and Off-Peak periods. The Maximum Demand in any month shall be the measured maximum P326 '~ Effective Date: lone I, 2009 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS average kilowatt input, indicated or recorded by instruments, during any 15- minute metered interval in the month, but, where applicable, shall not be less than the diversified resistance welder load computed in accordance with the section designated Welder Service in Rule 2. Where the demand is intermittent or subject to violent fluctuations, a 5-minute interval maybe used. Power Factor. Adjustment. The Customer's bill will be increased each month for power factor by the amount shown in the Rates section above for service metered and delivered at the applicable voltage level, based on the per kilovaz of maximum reactive demand imposed by the Utility. The maximum reactive demand shall be the highest measured maximum average kilovaz demand indicated or recorded by metering during any IS minute interval in the month. The kilovars shall be determined to the neazest unit. A device will be installed on each kilovar meter to prevent reverse operation of the meter. 6. Temporary Discontinuance of Service. Where the use of energy is seasonal or intermittent, no adjustments will be made for a temporary discontinuance of service. Any Customer resuming service within twelve (12) months after such service was discontinued will be required to pay all charges which would have been billed if service had not been discontinued. Customer-Owned Electrical Generating Facilities. Upon written approval by the Utility, momentary parallel operation may be permitted to allow the Customer to test the auxiliary/emergency generating facilities. 8. Billing Calculation. A Customer's bill is calculated according to the rates and conditions above. The charges are calculated by applying the Rate Charges when applicable to the actual billing determinants (kilowatt hours [kWh], demand [kW], kilovar [kVa], etc.). Power Cost Adjustment Factor (PCAF). The rates above are subject to an adjustment as provided in Rule 12, Section E. 10. Change of Law Adjustment Factor (CLAP). The rates above are subject to an adjustment as provided in Rule 12, Section F. 11. State Mandated Public Purpose Programs Charge. P327 Ellective Date: June 1, 2009 CITY OF RANCHOCUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS State law requires all California electric utilities to establish a public purpose programs chazge of 2.85% of electric retail revenues to fund qualifying energy efficiency programs, renewable energy resources, research and demonstration projects, and services for low-income electricity customers. P328 9 Ef(ec[ive Date: June 1, 2009 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS LARGE COMMERCIAL P329 A. Applicability. , Applicable to general services including lighting and power Customers. This Schedule is applicable to and mandatory for all Customers whose monthly Maximum Demand, in the opinion of the Utility, is expected to exceed 500 kW or has exceeded 500 kW in any three (3) months during the preceding twelve (12) months. Any existing Customer on this Schedule whose monthly Maximum Demand has registered 500 kW or less for twelve (12) consecutive months is ineligible for service under this Schedule and shall be transferred to another applicable Rate Schedule. Service under this Schedule is subject to Meter availability. B. Territory. Within the entire territory served. C. Rates. Ener Char e - $/kWh/Meter/Month Summer Season - On-Peak $ 0.10866 Mid-Peak 0.08763 • Off-Peak 0.06008 Winter Season- Mid-Peak 0.08976 Off-Peak 0.06296 Customer Chaz e - $/Meter/Month 518.64 Demand Charge - $/kW of Billing Demand/Meter/Month Facilities Related 13.00 Time Related Summer Season - On-Peak 15.21 Mid-Peak 5.13 Power Factor Ad ustment - $/KVA 0.18 The energy charge reflects that 23.28% of the investor-owned utility energy requirements are supplied by the California Department of Water Resources. This percentage will be adjusted monthly to reflect actual energy purchases. 10 Effective Date: June 1, 2009 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS D. Special Conditions. 1. Time periods are defined as follows: On-Peak: Noon to 6:00 p.m. summer weekdays except holidays. Mid-Peak: 8:00 a.m. to noon and 6:00 p.m. to 11:00 p.m. summer weekdays except holidays. 8:00 a.m. to 9:00 p.m. winter weekdays except holidays. Off-Peak: All other hours. Holidays are New Yeais Day (January 1), Washington's Birthday (third Monday in February), Memorial Day (last Monday in May), Independence Day (July 4), Labor Day (first Monday in September), Veteran's Day (November 11), Thanksgiving Day (fourth Thursday in November), and Christmas (December 25). When any holiday listed above falls on Sunday, the following Monday will be recognized as an off-peak period. No change will be made for holidays falling on Saturday. The Summer Season shall commence at 12:00 a.m. on June Is` and continue until 12:00 a.m. on October la` of each year. The Winter Season shall commence at 12:00 a.m. on October ls` of each yeaz and continue until 12:00 a.m. on June 151 of the following year. A pro rata computation will be made 'for seasonal billing purposes. 2. Voltage. Service will be supplied at one standard voltage. 3. Maximum Demand. Maximum Demands shall be established for the On-Peak, Mid-Peak, and Off- Peak periods. The Maximum' Demand for each period shall be the measured maximum average kilowatt input indicated or recorded by instruments, during any 15-minute metered interval, but, where applicable, not less than the diversified resistance welder load computed in accordance with the section designated Welder Service in Rule 2. Where the demand is intermittent or subject to violent fluctuations, a 5-minute interval maybe used. 4. Billing Demand. The Billing Demand shall be the kilowatts of Maximum Demand, determined to the nearest kW. The Demand Charge shall include the following billing components. The Time Related Component shall be for the kilowatts of Maximum Demand recorded during (or established for) the monthly billing period for each of the On-Peak, Mid-Peak, and Off-Peak Time Periods. The Facilities Related Component shall be for the kilowatts of Maximum Demand recorded P330 l 1 Effective Date: June 1, 2009 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS during (or established for) the monthly billing period. However, when the Utility determines the Customer's Meter will record little or no energy use for extended periods of time or when the Customer's Meter has not recorded a Maximum Demand in the preceding eleven (11) months, the Facilities Related Component of the Demand Chazge may be established at fifty percent (50%) of the Customer's Connected Load. Separate Demand Charge(s) for the On-Peak, Mid-Peak, and Off-Peak Time Periods shall be established for each monthly billing period. The Demand Charge for each time period shall be based on the Maximum Demand for that time period occumng during the respective monthly billing period. 5. Power Factor Adjustment. The Customer's bill will be increased each month for power factor by the amount shown in the Rates section above for service metered and delivered at the applicable voltage level, based on the per kilovar of maximum reactive demand imposed by the Utility. The maximum reactive demand shall be the highest measured maximum average kilovar demand indicated or recorded by metering during any 15 minute metered interval in the month. The kilovars shall be determined to the nearest unit. A device will be installed on each kilovaz Meter to prevent reverse operation of the Meter. 6. Temporary Discontiriuance of Service. Where the use of energy is seasonal or intermittent, no adjustments will be made for a temporary discontinuance of service. Any Customer, prior to resuming service within twelve (12) months after such service was discontinued, will be required to pay all charges which would have been billed if service had not been discontinued. Customer-Owned Electrical Generating Facilities. Upon written approval by the Utility, momentary paialle] operation may be permitted to allow the Customer to test the auxiliary/emergency generating facilities. 8. Contracts. An initial three-year facilities contract may be required where Applicant requires new or added serving capacity exceeding 2,000 kVA. Billing Calculation. A Customer's bill is calculated according to the rates and conditions above. The charges are calculated by applying the Rate Charges when applicable to the actual billing determinants (kilowatt hours [kWh], demand [kW], kilovar [kVa], etc.). P331 12 Etrective Date: June 1, ?009 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS ] 0. Power Cost Adjustment Factor (PCAF). The rates above are subject to an adjustment as provided in Rule 12, Section E. 11. Change of Law Adjustment Factor (CLAP) The rates above are subject to an adjustment as provided in Rule 12, Section F. 12. State Mandated Public Purpose Programs Charge. State law requires all California electric utilities to establish a public purpose programs chazge of 2.85% of electric retail revenues to fund qualifying energy efficiency programs, renewable energy resources, reseazch and demonstration projects, and services for ]ow-income electricity customers. P332 13 Effective Date: June 1. ?009 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILI7Y ELECTRIC RATES &. TARIFFS STREET LIGHTING A. Applicability. Applicable to meter for the lighting of streets, and publicly-owned 'and publicly-operated automobile parking lots which are opened to the general public where the City owns and maintains the street lighting equipment and associated facilities included under this Schedule. B. Territory. Within the entire temtory served. C. Rates High Pressure Sodium Vapor Lamps -All Night Service Lam Wattaee Initial Lumens $/Lam /Month 150 250 16,000 27,500 $ 14.34 18.21 1. The charge per lamp reflects that 23.28% of the investor-owned utility energy requirements are supplied by the California Deparhnent of Water Resources. This percentage will be adjusted monthly to reflect actual energy purchases. D. Special Conditions 1. The Applicant shall install streetlights that will be served by the Utility. These streetlights must be installed in accordance with the Utility's specifications and the developer will deed such facilities to the City. 2. Requirements and Restrictions. a. The Applicant for street light service shall specify the type of service, lamp size, and location of street lights. b. Service shall not be furnished under this Schedule -where location, mounting height, and/or other considerations are unacceptable to the Utility. c. The installation of street lighting equipment and facilities hereunder is contingent upon the utility obtaining easements, and rights of way, as may be required, satisfactory to the Utility for the required poles, lines, equipment, and facilities. d. Should the Applicant not commence using the street lighting in a bona fide manner within ninety (90) days after date of completion and installation of P333 ] 4 Effective Date: June 1, 2009 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS a street light or street lighting system requested by the Applicant, the Utility will bill, and the Applicant shall pay, the applicable lamp charges(s). 3. Hours of Service. Under the Utility's standard all night operating schedule, approximately 4,140 hours of service per yeaz will be furnished. 4. Maintenance. The Utility shall exercise reasonable care and diligence in maintaining its street light facilities or Utility-owned attachments thereto. Where the Utility experiences, or expects to experience, maintenance costs exceeding its normal maintenance expense resulting from, but not limited to, vandalism, the Utility may require the customer to pay the excess maintenance expense. 5. Liability of the Utility. The Utility shall not, by taking action pursuant to its tariffs, be liable for any loss, damage, or injury, established or alleged, which may result, or be claimed to result, therefrom. 6. Removal, Relocation or Modification of Facilities. Where street lighting service and facilities are ordered removed by a customer, the customer shall pay to the Utility a nonrefundable amount equal to the total estimated cost installed less any Customer contribution, plus the estimated cost of removal less the estimated net salvage value of the facilities. Where street lighting service and facilities were ordered removed by a Customer and such service and facilities, or their equivalent are ordered reinstalled within thirty-six (36) months from the date of the order to remove, the Customer shall pay to the Utility in advance of reinstallation a nonrefundable amount equal to the cost of removal of the prior facilities and the estimated cost of such reinstallation. Where street lighting facilities are ordered modified and /or relocated by a Customer, the Customer shall pay to the Utility, in advance of such modification and/or relocation, a nonrefundable amount equal to the estimated cost of such modification and/or relocation. This includes facilities that now serve street light load only, but that may have been installed originally to serve other than street light load. Utility-owned facilities removed or installed remain the sole property of the Utility. P334 15 Effective Date: Lune 1, 2009 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 7. Billing Calculation. A Customer's bill is calculated according to the rates and conditions above. 8. Power Cost Adjustment Factor (PCAF). The rates above are subject to an adjustment as provided in Rule 12, Section E. 9. Change of Law Adjustment Factor (CLAP). The rates above are subject to an adjustment as provided in Rule 12, Section F. 10. State Mandated Public Purpose Programs Charge. State law requires all California electric utilities to establish a public purpose programs charge of 2.85% of electric retail revenues to fund qualifying energy efficiency programs, renewable energy resources, research and demonstration projects, and services for low-income electricity customers. P335 16 Effective Date: hme 1, 2009 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS TRAFFIC CONTROL A. Applicability. Applicable to single and three-phase service for traffic directional signs or traffic signal systems located on streets, highways and other public thoroughfares and to railway crossing and track signals; for public thoroughfare lighting that is utilized twenty-four (24) hours per day or is not controlled by switching equipment, such as tunnel or underpass lighting; and, to public authorities for the illumination of bus stop shelters located in the dedicated road right-of--way where such service is combined with other traffic control service as defined above. B. Territory. The entire temtory served. C. Rates. $/Traffic Si nal/Month $ 62.09 The energy charge reflects that 23.28% of the investor-owned utility energy requirements are supplied by the California Department of Water Resources. This percentage will be adjusted monthly to reflect actual energy purchases. D. Special Conditions Voltage. Service will be supplied at one (1) standard voltage not in excess of 240 volts or, at the option of the Utility, at 240/480 volts, three wire, single-phase. 2. Billing Calculation. A Customer's bill is calculated according to the rate and conditions above. 3. Power Cost Adjustment Factor (PCAF) The rate above is subject to an adjustment as provided in Rule 12, Section E. 4. Change of Law Adjustment Factor (CLAP). The rate above is subject to an adjustment as provided in Rule 12, Section F. 5. State Mandated Public Purpose Programs Charge. State law requires all California electric utilities to establish a public purpose programs charge bf 2.85% of electric retail revenues to fund qualifying energy efficiency programs, renewable energy resources, research and demonstration projects, and services for low-income electricity customers. ' P336 1'/ Effective Date: June 1, 2009 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS OUTDOOR AREA LIGHTING A. Applicability. Applicable to single-phase service for metered outdoor area lighting load, controlled for dusk to dawn operation and used for purposes other than street and highway lighting such as, but not limited to parking lots, pedestrian walkways, billboards, building exteriors,. security, sports and recreation areas, monuments, decorative aeeas, and bus shelters. B. Territory. Within the entire territory served. C. Rates. Energy Chazge - $/kWh/Meter/Month $ 0.07111 Customer Charge- $/Meter/Month 10.49 The energy charge reflects that 23.28% of the investor-owned utility energy requirements are supplied by the California Department of Water Resources. This percentage will be adjusted monthly to reflect actual energy purchases. D: Special Conditions 1. Voltage. Service will be provided at one (1) standazd voltage. 2. Three-Phase Service. Where, in the sole opinion of the Utility, it is impractical to provide single-phase service under this Schedule, three-phase service will be provided. 3. Separate Point of Delivery. When requested by the Applicant or Customer, and agreed upon by the Utility, an additional Point of Delivery may be provided, separate from any other Point of Delivery provided under any other applicable Rate Schedule. Customers so served shall not be permitted to have an electrical interconnection beyond the Utility's Point of Delivery between the separately metered loads except upon written approval of the Utility. A change from this Schedule to any other Rate Schedule will be permitted if the additional Point of Delivery is removed. Any such removal shall be at the Customer's expense. P337 18 Effective Daie: June 1, ?009 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY P338 ELECTRIC RATES & TARIFFS Any rearrangement of facilities required to provide the additional Point of Delivery shall be at the expense of the requesting Applicant or Customer. 4. Controlled Operation. Service under this Schedule requires the control of lamps in a manner acceptable to the Utility so that lamps will not be lighted daily from dawn to dusk. Customer shall install, own, operate, arid maintain the control device. The Utility shall have the right to periodically inspect the control device to ensure its correct operation and maintenance. 5. Distribution Line Extension. Distribution Line Extensions to reach an outdoor azea light or area lighting system shall be in accordance with Rule ] 5. 6. Services. Services shall be installed and maintained as provided in Rule 16. 7. Incidental Loads. Incidental, non-lighting loads may be served under this Schedule only where such Connected Loads do not exceed fifteen percent (15) of the Customer's total Connected Load. Incidental Loads must also be controlled for dusk to dawn operation exclusively. 8. Billing Calculation. A Customer's bill is calculated according to the rates and conditions above. The charges are calculated by applying the Rate Charges when applicable to the actual billing determinants (kilowatt hours [kWh], demand [kW], etc.). 9. Power Cost Adjustment Factor (PCAF). The rates above are subject to an adjustment as provided in Rule 12, Section E. 10. Change of Law Adjustment Factor (CLAP). The rates above are subject to an adjustment as provided in Rule 12, Section F. 11. State Mandated Public Purpose. Programs Charge. State law requires all California electric utilities to establish a public purpose programs charge of 2.85% of electric retail revenues to fund qualifying energy efficiency programs, renewable energy resources, research and demonstration projects, and services for low-income electricity customers. 19 Effective Date: June I, 2009 CITY OF RANCHO CUCAMONGA MUNICIPAL UT1L[TY F339 ELECTRIC RATES & TARIFFS IRRIGATION SYSTEMS A. Applicability. Applicable where the Utility determines that 100% of the customer's electrical usage is for limited irrigation service except for the Customer whose monthly Maximum Demand, in the dpinion of the Utility, is expected to exceed 20 kW or has exceeded 20 kW in any three (3) months during the preceding twelve (12) months is ineligible for service under this Schedule. Effective with the date of ineligibility of any Customer served under this Schedule, the Customer's account shall be transferred to another applicable Rate Schedule. B. Territory. The entire territory served. C. Rates. $/Im~ation S stem/Month $ 20.71 The energy charge reflects that 23.28% of the investor-owned utility energy requirements are supplied by the Califomia Department of Water Resources. This percentage will be adjusted monthly to reflect actual energy purchases. D: Special Condition Voltage. Service will be supplied at one (1) standard voltage not in excess of 240 volts or, at the option of the Utility, at 240/480 volts, three wire, single-phase. Billing Calculation. A Customer's bill is calculated according to the rate and conditions above. 3. Power Cost Adjustment Factor (PCAF). The rate above is subject to an adjustment as provided in Rule 12, Section E. 4. Change of Law Adjustment Factor (CLAP). The rate above is subject to an adjustment as provided in Rule 12, Section F. 5. State Mandated Public Purpose Programs Charge. State law requires all California electric utilities to establish a public purpose programs charge of 2.85% of electric retail revenues to fund qualifying energy efficiency programs, renewable energy resources, research and demonstration projects, and services for low-income electricity customers. 20 Effective Date: June 1, ?009 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY P340 ELECTRIC RATES & TARffFS RENEWABLE ENERGY A. Applicability. The Rancho Cucamonga renewable energy program allows participating customers to purchase 100% of their energy requirements from renewable energy resources. The program is voluntary and customers may cancel their enrollment at any time with no charge. Renewable energy includes electricity produced from biomass, solar thermal, photovoltaic, wind, geothermal, fuel cells using renewable fuels, hydroelectric generation, digester gas, municipal solid waste, landfill gas, ocean wave, ocean thermal tidal current and other sources deemed eligible by the California Energy Commission. B. Territory. The entire territory served. C. Rates. S/IcWh/Meter/Month S 0.015 D. Special Condition 1. Billing Calculation. In addition to the rates listed under the applicable tariff schedule, participating customer bills include an additional charge according to the rate above based on the monthly energy consumed. Monthly billings will list a separate charge for renewable energy. 21 Effective Date: June 1, 2009 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS SERVICE ESTABLISHMENT CHARGE A. Applicability. Applicable to General Service and Domestic Service customers. B. Territory. Within the entire territory served. C. Rates. For each establishment of electric service .................................... $15.00 D. Special Conditions. 1. The service establishment charge provided for herein is in addition to the charges calculated in accordance with the applicable schedule and may be made each time an account. is established. As used herein, establishment means each time an account is opened, including a turn on of electric service or a change of name which requires a meter reading. 2. In case the customer requests that electric service be established on the day of his request or outside of regular hours, an additional charge of $11.00 may be made. P341 22 Effective Date: June 1, 2009 a 0 a ~~ V a oc m J Z W Q _Q Q U Q Q m_ J a 0 a w y ~~ ~ ~~~. ~~. ..t,_~ `'S •,hi 1 ~~U x ~ ~ 'z ~N ~~~ ~~ ~m a~ c~ ~, o `~ V yv ~ ~~ V ~ ~ L a~ a ~ ~ .- 0 0 O d' N ,-~ a~ ._ a ~ ~ ._ ~ a~ ~ ~ a..~ ~~ ~ ~ ~ O ~ 4~ ~ ~ o o ~ 0 0 0 ~o 0 ~ N Ll') r--1 L L 0 0 . . a~ a~ c~ ~ .o ~ ~ a~ O ~' ~ ~ ~ ~ r~ ~ .o ~ O ~ a~ L ~ -~ ~O ~ can .~ `~ ~ o 0 0 0 0 0 0 ~.ri ~ o°, M 00 ~--~ L L L 0 0 0 . . 0 0 0 -~- L ~ o •- o ~ •- x .~ ~ 'gin ~ ~ ~ i L V ~ ~ '- ~ ~ .~ ~ L ~ ~ V O ~ o ~, ~ -~ ~ '~"' V ~ ~ ~ a~ o ~ ~ ._ ~ ~ - ~ ._ ._ ~ o ~ N p ~ ~ ~ ~ ~ ~ o ,~ ~ . . 0 .r a V .~ ~~ ~~ .. .~ V O O O O O O O 0 0 o v o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c~ r o r- ao cn ~ cti .~ c 0 c 0 E 0 a c ca cv c +.. c 0 0 c O 0 U C f~ cV ~i S o~ .~ o`~.~ ,~ `~ ~~ 0 N V fa O 0 V (!') a.-+ W c~ U 0 0 N 0 0 v N~ o~ ,s n Q a--~ cn ~_ LL a..~ C .~ N 0 0 U ~../~) v~ .~ 4~ Z v n J n ca v Q ~.j..~ Z ~ ~ Z ~ ~ '. Q ~ ~ ~ _£ a ~ ~ - ~. ~ ~ ~ ~~ 3 ~; ~: ~' a 0 L N-- O O O O .~ V L 0 m /J Q 0 .~ 4 ~~ FI -1-J -~--~ L U O f~ L 0 ~" .~ ~~ LZ ~: 0 s STAFF REPORT COMMUNITY SERVICES DEPARTMENT P342 RANCHO Date: July 1, 2009 C,,UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Kevin McArdle, Community Services Director Subject: CONSIDERATION OF CITY COUNCIL COMMUNITY SERVICES SUBCOMMITTEE'S RECOMMENDATION REGARDING APPOINTMENTS TO THE COMMUNITY FOUNDATION BOARD OF DIRECTORS RECOMMENDATION It is recommended that the City Council approve the City Council Community Services Sub- committee's recommendation regarding re-appointing Charles Buquet, Harvey Cohen and Tony Mize to four-year terms on the Community Foundation Board of Directors; to accept the resignation of Marian Nelson and to re-appoint Harry Gibson to the Board of Directors to fill one vacancy set to expire June 30, 2011. BACKGROUND The terms of office are expiring for Community Foundation Board Members Charles Buquet, Harvey Cohen, Tony Mize and Marian Nelson. The City Council Community Services Subcommittee met on June 17~h to consider the requests of Members Buquet, Cohen and Mize to be re-appointed to the Board of Directors, and to accept the resignation submitted from Marian Nelson. In addition, staff recommended consideration of re- appointing Harry Gibson to the Board. Former Member Gibson had temporarily stepped down from the Board due to health concerns and is now requesting re-appointment. As there is currently one vacant unexpired term on the Board it would be appropriate to fill this term set to expire in June 2011. Following their discussion with staff, the Subcommittee expressed their support of the re-appointments and resignation. Subcommittee Members Williams and Spagnolo will present their recommendation to the full City Council at the July 151 meeting. submitted, Kevin McArdle Community Services Director P343 . ' ,, T H E C I T Y O F _„ RANCHO C U C A M O N G A Staff Report DATE: .July 1, 2009 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Robert Karatsu, Library Director SUBJECT: APPROVAL OF LIBRARY SUB-COMMITTEE'S RECOMMENDATION FOR APPOINTMENTS TO THE LIBRARY BOARD OF TRUSTEES AND THE LIBRARY FOUNDATION RECOMMENDATION That the City Council approve the recommendation for reappointment of members and two new appointments Foundation. BACKGROUND City Council Library Sub-Committee's four current Library Foundation Board to fill current openings on the Library The Library Foundation, which is the Library 501 c3 organization dedicated to fundraising, is currently recruiting additional members. Currently there are 11 members appointed, with the maximum number of Foundation Directors stated by the by-laws to be 21 and the minimum 9. The Library Sub-Committee, at their meeting of June 171h, 2009, discussed with staff both current Foundation Board member interested in reappointment and new applicants desiring to serve on the Library Foundation and will announce their recommendations for appointments this evening. Respectfully submitted, Robert Karatsu Library Director