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HomeMy WebLinkAbout2010/09/01 - Agenda Packet:~~ ~ r 10500 Civic Center Drive ~ Rancho Cucamonga, CA 91730-3801 City Office: (909) 477-2700 AGENDAS REDEVELOPMENT AGENCY FIRE PROTECTION DISTRICT BOARD CITY COUNCIL REGULAR MEETINGS 18t and 3'd Wednesdays ~ 7:00 P.M. SEPTEMBER 1 ~ 2~ 10 MEMBERS MAYOR MAYOR PRO TEM COUNCIL MEMBERS Donald J. Kurth, M.D. L. Dennis Michael Rex Gutierrez Sam Spagnolo Diane Williams CITY MANAGER CITY ATTORNEY CITY CLERK Jack Lam, AICP James L. Markman Janice C. Reynolds ORDER OF BUSINESS CLOSED SESSION Tapia Conference Room............ 5:00 P.M. REGULAR MEETING Council Chambers ......................... 7:00 P.M. l ~ INFORMATION FOR THE PUBLIC ' ~~ coN~ TO ADDRESS THE REDEVELOPMENT AGENCY. FIRE BOARD AND CITY COUNCIL The Agency, Fire Board and City Council encourage free expression of all points of view. To allow all persons to speak, given the length of the Agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Agency, Fire Board or City Council by filling out a speaker card and submitting it to the City Clerk. The speaker cards are located on the wall at the back of the Chambers, at the front desk behind the staff table and at the City Clerk's desk. During "Public Communications," your name will be called to speak on any item listed or not listed on the agenda in the order in which it was received. If as part of your presentation, you would like to display audio or visual material, please see the City Clerk before the meetin4 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.uslwhatsnew.htm for those with Hi-bandwidth (DSUCable Modem) or Low-bandwidth (Dial-up) Internet service. The Agency, Fire Board and City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. Members of the City Council also sit as the Redevelopment Agency and the Fire District Board. Copies of the agendas and minutes can be found at http:llwww.ci.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 C`~"~fONGA SEPTEMBER 1, 2010 A. 5:00 P.M. -CLOSED SESSION CALL TO ORDER - TAPIA ROOM A1. Roll Call: Mayor Kurth Mayor Pro Tem Michael Councilmembers Gutierrez, Spagnolo and Williams CLOSED SESSION CALLED TO ORDER AS THE REDEVELOPMENT AGENCY AND CITY COUNCIL. B. ANNOUNCEMENT OF CLOSED SESSION ITEM S C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM S D. CONDUCT OF CLOSED SESSION D1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR UPDATE ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF FOOTHILL, WEST OF ARCHIBALD AVENUE; NEGOTIATING PARTIES: LINDA D. DANIELS, DEPUTY CITY MANAGER, ECONOMIC AND COMMUNITY DEVELOPMENT SERVICES, FOR THE CITY, AND BRIAN SMITH FOR LAMAR OUTDOOR ADVERTISING -RDA D2. CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A) FOR CITY OF RANCHO CUCAMONGA'S OBLIGATION UNDER CONTRACT NUMBER CO 06-179 TO SOUTHERN CALIFORNIA EDISON -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 ~NCHO C~'`ONGe' SEPTEMBER 1, 2010 CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS THE REGULAR MEETINGS OF THE REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL WILL BE CALLED TO ORDER. IT IS THE INTENT TO CONCLUDE THE MEETINGS BY 10:00 P.M., UNLESS EXTENDED BY CONCURRENCE OF THE AGENCY, FIRE BOARD AND COUNCIL. G1. Pledge of Allegiance G2. Roll Call: Mayor Kurth Mayor Pro Tem Michael Councilmembers Gutierrez, Spagnolo and Williams H1. Presentation of a Proclamation in recognition of September 2010 as "National Childhood Obesity Awareness Month." H2. Presentation of a Proclamation in recognizing the month of September 2010 as "National Preparedness Month" in conjunction with the U.S. Department of Homeland Security's Federal Emergency Management Agency's Ready Campaign. H3. Community Services Department Summer 2010 programs and activities review. (PowerPoint) H4. Presentation of a Proclamation in recognition of September 2010 as "National Senior Center Month." ~~ I. PUBLIC COMMUNICATIONS ~~ This is the time and place for the general public to address the Redevelopment Agency, Fire Protection District and City Council on any item listed or not listed on the agenda. State law prohibits the Agency, Fire Board, or City Council from addressing any issue not previously included on the Agenda. The Agency, Fire Board, or City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Agency, Fire Board or City Council, not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. (continued on page 3) 2 REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA ~NCHO C~'ON~ SEPTEMBER 1, 2010 3 The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. 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: August 18, 2010 (Regular Meeting) J2. Approval of Check Register dated August 11 through August 24, 2010, for the total amount of $361,283.51. J3. Approval to accept the "2010 Local Agency Biennial Notice" pertaining to the Agency's Conflict of Interest Code. J4. Approval to accept the Haven Avenue Underpass Capital Project, Contract No. RA 08-026 as complete, release the bonds, accept a maintenance bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $14, 514, 069.64. RESOLUTION NO. RA 10-018 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE HAVEN AVENUE UNDERPASS CAPITAL PROJECT, CONTRACT NO. RA 08-026 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 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: August 18, 2010 (Regular Meeting) K2. Approval of Check Register dated August 11 through August 24, 2010, for the total amount of $532,095.60. K3. Approval to accept the "2010 Local Agency Biennial Notice" pertaining to the District's Conflict of Interest Code. 2 4 7 12 REDEVELOPMENT AGENCY, - FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA C~ orrcA SEPTEMBER 1, 2UlU 4 K4. Approval to enter into Waterline and Sewerline Improvement Agreements (FD 10-011 & FD 14 10-012) with Cucamonga Valley Water District in conjunction with the Hellman Fire Station (177) Construction Project. K5. Approval of a Resolution declaring results of a Special Election in Community Facilities 15 District No. 88-1, Annexation No. 88-10-1 (Amin Khan, Owner - APNs 0201-182- 36,37&38). RESOLUTION NO. FD 10-038 '~ 6 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 88-1, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 88-1, ANNEXATION NO. 88-10-1 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 88-1 L. CONSENT CALENDAR -CITY COUNCIL The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember for discussion. L1. Approval of Minutes: August 18, 2010 (Regular Meeting} L2. Approval of Check Register dated August 11 through August 24, 2010, and payroll ending 20 August 24, 2010, for the total amount of $3,538,310.90. L3. Approval to proceed with amendments to the City's 2010 Conflict of Interest Code. 55 L4. Approval to accept grant revenue in the amount of $5,000 from Kaiser Foundation Hospital, Fontana Medical Center, into Account No. 1218000-4905 (Grant Revenue) and 57 authorization to appropriate $1,000 into Account No. 1218102-5300 (Contract Services) and $4,000 into Account No. 1218102-5200 (Materials/Supplies) for costs associated with the development and coordination of the Gardening Reaps Overall Wellness (GROW) Program. L5. Approval of a Resolution adopting the Citizen Corps Annex to the Emergency Operations Plan and establishing a Citizen Corps Council and Community Emergency Response Team 58 training program. 60 RESOLUTION NO. 10-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE CITIZEN CROPS ANNEX TO THE EMERGENCY OPERATIONS PLAN AND ESTABLISHING A CITIZEN CORPS COUNCIL AND COMMUNITY EMERGENCY RESPONSE TEAM TRAINING PROGRAM REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA C"`~''1O1v~' SEPTEMBER 1, 2UlU 5 L6. Approval of an Amendment to City Council Resolution Number 82-147, Section 3, concerning interest rate for developer to developer reimbursement agreements. RESOLUTION NO. 10-139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AMENDMENT TO CITY COUNCIL RESOLUTION NO. 82-147, SECTION 3, CONCERNING INTEREST RATE FOR DEVELOPER TO DEVELOPER REIMBURSEMENT AGREEMENTS L7. Approval of a Resolution adopting the Measure "I" Five-Year Capital Improvement Program and Improvement Plan Expenditure Strategy for Measure "I" Funds covering Fiscal Years 2010/2015. RESOLUTION NO. 10-140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE MEASURE "I" FIVE- YEAR CAPITAL IMPROVEMENT PROGRAM COVERING FISCAL YEARS 2010/2015 AND IMPROVEMENT PLAN EXPENDITURE STRATEGY FOR THE EXPENDITURE OF MEASURE "I" FUNDS L8. Approval of attached Resolution authorizing the City's Finance Director to file and sign a claim for reimbursement of Local Transportation Fund, Article 3 Funds that the San Bernardino Associated Governments had set aside for the construction of the Pacific Electric Inland Empire Trail, Phases 4A and 4B. RESOLUTION NO. 10-141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE CITY'S FINANCE DIRECTOR TO FILE AND SIGN A CLAIM FOR REIMBURSEMENT OF LOCAL TRANSPORTATION FUND, ARTICLE 3 FUNDS THAT THE SAN BERNARDINO ASSOCIATED GOVERNMENTS HAD SET ASIDE FOR THE CONSTRUCTION OF THE PACIFIC ELECTRIC INLAND EMPIRE TRAIL, PHASES 4A AND 46 L9. Approval to order the annexation of the certain territory known as Haven Avenue Underpass project to Landscape Maintenance District No. 36, located on Haven Avenue between 7`h Street and Jersey Boulevard. RESOLUTION NO. 10-142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL INDUSTRIAL MAINTENANCE DISTRICT) FOR HAVEN AVENUE UNDERPASS CAPITAL PROJECT 86 87 88 89 95 97 99 103 REDEVELOPMENT AGENCY, - FIRE PROTECTION DISTRICT AND 6 CITY COUNCIL AGENDA ~NCHO C`~''fON~' SEPTEMBER 1, 2010 L10. Approval to release Faithful Performance Bond No. 7607664, retained in lieu of a 105 Maintenance Bond, in the amount of $239,300.00, for the Arrow Route Pavement Rehabilitation from Milliken Avenue to Rochester Avenue, Contract No. 09-177. L11. Approval to release the Maintenance Guarantee Bond for DRC2006-00866, located on the ~~ 107 north side of 6'h Street, west of Etiwanda Avenue, submitted by RWC Enterprises, Inc. ~ L12. Approval to accept improvements, retain the Faithful Performance Bond in lieu of a Maintenance Bond, and file a Notice of Completion for improvements for DRC2007-00455, located at 6541 Woodruff Place, submitted by TA Construction. RESOLUTION NO. 10-143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2007-00455 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L13. Approval to accept improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for Tract 15982-1, located at the northeast corner of Day Creek Boulevard and Wilson Avenue, submitted by KB Home Greater Los Angeles, Inc. RESOLUTION NO. 10-144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 15982-1 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L14. Approval to release the Retention Basin Maintenance cash deposit (Interim Detention Basin) for Tract 15982-1, located at the northeast corner of Day Creek Boulevard and Wilson Avenue, submitted by KB Home Greater Los Angeles, Inc. L15. Approval to release the Maintenance Guarantee cash deposit for Parcel Map 16767, located on the north side of Foothill Boulevard, west of Etiwanda Avenue, submitted by Caroline Lee. L16. Approval to release the Maintenance Guarantee Bond for Parcel Map 17818, located at the southeast corner of Foothill Boulevard and Rochester Avenue, submitted by Footchester Partners I, LLC. 109 111 112 113 114 116 118 REDEVELOPMENT AGENCY, - FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA C"~"'''cO1vG" SEPTEMBER 1, 2010 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 ALTERNATE FORMS OF RESOLUTIONS TO DECLARE THE RESULTS OF THE ASSESSMENT BALLOT TABULATION FOR PROPOSED LANDSCAPE MAINTENANCE DISTRICT NO. 6-R. RESOLUTION NO. 10-145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION, APPROVING THE ENGINEER'S REPORT, FORMING LANDSCAPE MAINTENANCE DISTRICT NO. 6-R, ORDERING THE MAINTENANCE WORK THEREIN, CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF AN ANNUAL ASSESSMENT THEREIN RESOLUTION NO. 10-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION IN PROPOSED LANDSCAPE MAINTENANCE DISTRICT NO. 6-R, DETERMINING THE EXISTENCE OF A MAJORITY PROTEST AND ABANDONING THE PROCEEDINGS TO FORM SUCH LANDSCAPE MAINTENANCE DISTRICT AND TO LEVY ASSESSMENTS THEREIN M2. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION TO REVOKE CONDITIONAL USE PERMIT CUP99-43 FOR THE BEER MUG - A public hearing on an appeal of the Planning Commission's decision to revoke the Conditional Use Permit on the grounds that it is operating in a manner detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The City Council will consider the appeal and may uphold or rescind the revocation or modify the Conditional Use Permit. The business is located within the Regional Related Commercial District, Subarea 4, of the Foothill Boulevard Specific Plan, in the Foothill Marketplace at 12809 Foothill Boulevard, Suite C1-C4 - APN: 0229-031-33. Related files: Conditional Use Permit CUP97-03 and Entertainment Permit EP97-30. 7 120 122 126 195 M2. Continued on next page ~ I~+NCHo CUCAMONGA REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA SEPTEMBER 1, 2010 RESOLUTION NO. 10-147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING THE APPEAL OF THE PLANNING COMMISSION DECISION TO REVOKE CUP99-43 FOR THE BEER MUG, AN EXISTING RESTAURANT AND BAR LOCATED WITHIN THE REGIONAL RELATED COMMERCIAL DISTRICT, SUBAREA 4, OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, IN THE FOOTHILL MARKETPLACE AT 12809 FOOTHILL BOULEVARD, SUITE C1-C4; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0229-031-33 ~~ N. CITY MANAGER'S STAFF REPORTS ~d The following items have no legal publication or posting requirements. N1. CITY OF RANCHO CUCAMONGA - A request to amend Chapter 9.32 of Title 9 regarding second responses by police to parties and other assemblages, and adding standards for accountability for social hosts of minors. 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. LEGISLATIVE AND REGIONAL UPDATES (Oral) 03. UPDATE ON THE PARKING PERMIT PROGRAM 292 294 298 I, Debra L. McKay, Assistant City Clerk/Records Manager, of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on August 26, 2010, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. August 18, 2010 RANCHO CUCAMONGA REDEVELOPMENT AGENCY, FIRE DISTRICT AND CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga Redevelopment Agency and City Council held a closed session on Wednesday, August 18, 2010, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:00 p.m. by Mayor Donald J. Kurth. Present were BoardmemberslCouncilmembers: Rex Gutierrez, Diane Williams, Sam Spagnolo, Vice Chairman/Mayor Pro Tem L. Dennis Michael and Chair/Mayor Donald J. Kurth. Also present were: Jack Lam, City Manager; John Gillison, Assistant City Manager; Linda Daniels, Deputy City Manager and James Markman, City Attorney. B. ANNOUNCEMENT OF CLOSED SESSION ITEM S Mayor Donald J. Kurth announced the closed session items: D1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR UPDATE ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF ETIWANDA AVENUE, NORTH OF BASE LINE ROAD (COMMONLY REFERRED TO AS THE ETIWANDA DEPOT); NEGOTIATING PARTIES: LINDA D. DANIELS, DEPUTY CITY MANAGER FOR ECONOMIC AND COMMUNITY DEVELOPMENT SERVICES, FOR THE CITY, AND MITCH ALDERMAN, DIRECTOR OF TRANSIT AND RAIL SYSTEMS, FOR SAN BAG -RDA D2. CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A) FOR CITY OF RANCHO CUCAMONGA'S OBLIGATION UNDER CONTRACT NUMBER CO 06-179 TO SOUTHERN CALIFORNIA EDISON -CITY C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM S No one was present to comment on the closed session item. D. CONDUCT OF CLOSED SESSION Closed session began at 5:00 p.m. E. CITY MANAGER ANNOUNCEMENTS No announcements were made. Redevelopment Agency, Fire Protection District, City Council Minutes August 18, 2010 -Page 1 of 10 F. RECESS The closed session recessed at 5:27 p.m. to a special meeting on August 18, 2010 at 5:30 p.m. with no action taken. G. SPECIAL MEETING CALL TO ORDER - S:3O P.M. COUNCIL CHAMBERS The meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District, and City Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman/PresidenUMayor Donald J. Kurth called the meeting to order at 5:35 p.m. Present were AgencymemberslBoardmembers/Councilmembers: Rex Gutierrez, Diane Williams, Sam Spagnolo, Vice Chairman/Vice PresidenUMayor Pro Tem L. Dennis Michael and Chairman/PresidenUMayor Donald J. Kurth. Also present were: Jack Lam, City Manager; Kevin McArdle, Community Services Director; Joe Pulcinella, Animal Care and Services Director; Debra McKay, Assistant City Clerk/Records Manager; Kathy Scott, Assistant City Clerk and Shirr'I Griffin, Deputy City Clerk. 3. PRESENTATIONS: A. Presentation of a Certificate of Recognition to Nellie Ayala, Nutrition Manager with Oldtimer's Foundation Upon Her Retirement Mayor Kurth presented a certificate of recognition to Nellie Ayala, Nutrition Manager, and congratulated heron her retirement. B. Recognition of Doug Morris on receiving the California Parks and Recognition Society's District 11 Layman's Award (Item presented at the end). Mayor Kurth recognized Doug Morris for receiving the CPRS District 11 Layman's Award. C. Presentation to the Community Hills Church Group for volunteer services to the Animal Care and Services Center. Mayor Kurth thanked the North Hills Community Hills Church volunteer group for their assistance at the Animal Care and Services Center. D. Presentation of Certificates of Recognition to 3 RC ACE Girls Softball Teams that are Advancing to State Championships Mayor Kurth presented certificates of achievement to the three RC ACE Girls Softball teams on their advancement to the State Championships. Recess: Mayor Kurth recessed the meeting at 6:10 p.m. Reconvened: Mayor Kurth reconvened the meeting at 6:15 p.m. with all members present. Redevelopment Agency, Fire Protection District, City Council Minutes August 18, 2010 -Page 2 of 10 E. Presentation of Certificates of Recognition to Little League All Star Teams: Alta Loma little League: 1. 9110 Year Old Division -District 71 and Section 8 Champions Vineyard Little League: 1.10/11 Years Old Division -District 71 and Section 8 Champions 2. Majors Division -District 71 Champions 3. Juniors Division -District 71 Champions Big League Mayor Kurth presented certificates of achievement to the Little League All Star Teams. H. RECESS The meeting recessed at 6:45 p.m. I. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS The meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District, and City Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. ChairmanlPresident/Mayor Donald J. Kurth called the meeting to order at 7:00 p.m. Present were Agencymembers/BoardmemberslCouncilmembers: Rex Gutierrez, Diane Williams, Sam Spagnolo, 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, Assistant City Manager; Linda Daniels, Deputy City Manager; James Troyer, Planning Director; Bill Wittkopf, Public Works Director; Trang Huynh, Building and Safety Official; Robert Karatsu, Library Director; Joe Pulcinella, Animal Care and Services Director; Mark Steuer, Engineering Director; Kevin McArdle, Community Services Director; Joe Cusimano, Police Chief; Mike Bell, Fire Chief; Chris Paxton, Human Resources Director; Debra McKay, Records Manager/Assistant City Clerk and Kathy Scott, Assistant City Clerk. J. ANNOUNCEMENTS/PRESENTATIONS J1. Recognition of citizens who assisted in rescuing drowning victim. Fire Chief Mike Bell commended Vanessa Goffigan and Hunter Miller for recently rescuing a three year old resident. K. PUBLIC COMMUNICATIONS K1. Joseph Machado thanked the City Council and the public for their support. K2. Mercedes Machado made a PowerPoint presentation of Joseph's ride to Washington, D.C. Redevelopment Agency, Fire Protection District, City Council Minutes August 18, 2010 -Page 3 of 10 K3. Rod Elsdon expressed concerns with the traffic pattern at Los Osos High School. He noted that the two hour parking limitation was initiated by the residents to address the concerns worked well for a while. As residents are being ticketed, he proposed signage to state that residents on the street are exempt. K4. Cindee Dunlap invited the Council and the audience to the 26~" Annual Open Juried Fall Show, to be held at Victoria Gardens on September 10 -12, 2010. K5. Joseph Losch requested that the City Council designate September 26, 2010 as Mesothelioma Awareness Day in the City. K6. Doug Morris spoke about the incident at Victoria Arbors Park whereby several organizations showed up to use the field. He supported the Community Services Department's process for field reservation. K7. John Lyons thanked the Community Services Department for addressing a trail hazard. He noted that Chuck Buquet is running for City Council and expressed concerns with the candidate. K8. Janet Walton offered a prayer to the City Council and the audience Kg. David Gonzalez addressed the reservation of the fields. He stated that there are not enough fields in the City but noted that the Community Services Department does the best that they can to accommodate everyone. He presented a certificate of appreciation to JoAnn Gwynn. K10. Bill Hanlon expressed appreciation to the Fire Department. He addressed the City Council's voting record and was concerned that the City Council often had unanimous votes. Mr. Hanlon addressed Item P5 (Potential Park Projects) and requested the log of bocce ball requests. He strongly encouraged the funding for the Veteran's memorial. K11. Jim Moffatt stressed that he supported all of the youth sports activities. He wondered why all of the teams couldn't be accommodated due to the number of parks in the City. Mr. Moffatt stated that 10 of the children on his granddaughter's team are residents and felt that they should have a place to play. Also, he noted that $125 is not a nominal fee. Mr. Moffatt did not support a bocce ball court and stressed the need for a Veteran's memorial. K12. Kathleen Norcia, spoke about the cars parking on Crestview, indicating that the hikers are leaving trash, using foul language, intimidating the homeowners and leaving cars parked on the side of the road for hours. 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. L1. Approval of Minutes: • August 4, 2010 -Special Jt. Mtg. with Planning Commission • August 4, 2010 - Regular Meeting L2. Approval of Check Register dated July 28 through August 10, 2010, for the total amount of $1,120,504.33. Redevelopment Agency, Fire Protection District, City Council Minutes August 18, 2010 -Page 4 of 10 L3. Approve to receive and file current Investment Schedule as of July 31, 2010. MOTION: Moved by Michael, seconded by Williams, to approve the staff recommendations in the staff reports. Motion carried 5-0. M. 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 atone time without discussion. Any item may be removed by a Boardmember for discussion. M1. Approval of Minutes: • August 4, 2010 -Special Jt. Mtg. with Planning Commission • August 4, 2010 - Regular Meeting M2. Approval of Check Register dated July 28 through August 10, 2010, for the total amount of $51,397.07. M3. Approval to receive and file current Investment Schedule as of July 31, 2010. M4. Adoption of a Resolution declaring results of a Special Election in Community Facilities District No. 88-1, Annexation No. 88-10-2 and ordering the annexation of such property to Community Facilities District No. 88-1 (Alfonso & Kay Carrillo, Owners - APN 1062-321-35). RESOLUTION NO. FD 10-036 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 88-1, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 88-1, ANNEXATION NO. 88-10-2 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 88-1 M5. Approval of a Resolution authorizing the Fire Chief to enter into an agreement with the State of California, Department of Forestry and Fire Protection, for the loan of Federal Excess Personal Property. RESOLUTION NO. FD 10-037 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING FIRE CHIEF TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY AND FIRE PROTECTION, FOR THE LOAN OF FEDERAL EXCESS PERSONAL PROPERTY MOTION: Moved by Spagnolo, seconded by Gutierrez, to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried 5-0. ~~ N. 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. Redevelopment Agency, Fire Protection District, City Council Minutes August 18, 2010 -Page 5 of 10 N1. Approval of Minutes: • August 4, 2010 -Special Jt. Mtg. with Planning Commission • August 4, 2010 - Regular Meeting N2. Approval of Check Register dated July 28 through August 10, 2010, and payroll ending August 10, 2010, for the total amount of $6,106,547.72. N3. Approval to receive and file current Investment Schedule as of July 31, 2010. N4. Approval of Community Services Update Report. N5. Approval to allocate $5,000 awarded by the California State Library for Digital Storytelling Program continuation grant into Library Revenue Account #1291000-4740/0-3708 and appropriate $5,000 into Expenditure Account 1291602-5300/0-3708. N6. Approval to allocate $5,000 awarded by the California State Library for the Local History Digital Resources Project (LHDRP) grant into Library Revenue Account 1291000-4740/0- 3709 and appropriate $5,000 into Expenditure Account 1291602-530010-3709. N7. Approval to appropriate an amount of $12,000.00 to Account No. 18382035300 from AD 91- 2 Redemption-Day Canyon Fund Balance 838 for removal of Pedestrian Bridge over Day Canyon Drainage Channel located north of W ilson Avenue, east of Day Creek Boulevard. N8. Approval to declare surplus for City-owned miscellaneous vehicles and equipment, office equipment, and computer equipment that has been deemed no longer needed, obsolete or unusable. N9. Approval to appropriate $11,003.55 out of State Asset Seizure Fund Account No. 1195701- 5207 to purchase five rapid GPRS Trackers from Datong Electronics to be used by the Detective Division of the Rancho Cucamonga Police Department. N10. Approval to award request for Quote Number 1133396 to Nexus IS, Inc., for the purchase of Cisco Smartnet Maintenance, based on a competitively bid piggyback option awarded by the County of Riverside to Nexus IS, Inc. (RFP No. PURCH1083 and Nexus IS Contract No. RIVCO-20420-002-5113) in the total amount of $78,579 for Fiscal Year 2010/11, with the option to renew for two additional fiscal years, to be funded from Account Number 1001209- 5300. N11. Approval to accept the Golden Oak Park Ball Field Fencing Project, Contract No. 2010-041 as complete, release the bonds, retain the maintenance guarantee bond, and authorize the Public Works Services Director to file a Notice of Completion and approve the final contract amount of $18,552.00. RESOLUTION NO. 10-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE "GOLDEN OAK. PARK BALL FIELD FENCING PROJECT" AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N12. Approval of a Resolution approving the application for grant funds for the Sustainable Communities Planning Grant and Incentives Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84). Redevelopment Agency, Fire Protection District, City Council Minutes August 18, 2010 -Page 6 of 10 RESOLUTION NO. 10-135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE SUSTAINABLE COMMUNITIES PLANNING GRANT AND INCENTIVES PROGRAM UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (PROPOSITION 84) N13. Approval of a Resolution providing for a reduction in employer paid member contributions (EPMC) to CALPERS for employees hired after September 1, 2010. RESOLUTION NO. 10-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A RESOLUTION MODIFYING CALPERS EMPLOYEE PAID MEMBER CONTRIBUTIONS N14. Approval to release Faithful Performance Bond No. 7601538, retained in lieu of a Maintenance Guarantee Bond, in the amount of $238,332.10, for the Southbound I-15 Onramp Widening at Base Line Road, Contract No. 08-072. N15. Approval to release the Faithful Performance Bond for Parcel Map 17156, located at the northeast corner of Ninth Street and Madrone Avenue, submitted by KB Home Greater Los Angeles, Inc. MOTION: Moved by Michael, seconded by Spagnolo, to approve the staff recommendations in the staff reports. Motion carried 5-0. O. CONSENT ORDINANCES CITY COUNCIL AND 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. 01. CONSIDERATION OF WEED AND FIRE HAZARD ABATEMENT PROGRAM ORDINANCE AND FEE RESOLUTION ORDINANCE NO. 832 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING PROCEDURES RELATING TO THE ABATEMENT OF WEEDS AND CERTAIN OTHER FIRE HAZARDS, AND AMENDING TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE 02. DEVELOPMENT CODE AMENDMENT DRC2010-00336. - CITY OF RANCHO CUCAMONGA - A request to amend the definition of "Church" in Subsection (C) of Section 17.02.140 (Definitions) of Chapter 17.02 (Administration) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code. The Planning Department staff has determined that the project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under Section 15061(b)(3) of the State CEQA Guidelines because the text amendment will not have any significant impact on the environment. Redevelopment Agency, Fire Protection District, City Council Minutes August 18, 2010 -Page 7 of 10 ORDINANCE NO. 833 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2010-00336, AMENDING THE DEFINITION OF A "CHURCH" IN SUBSECTION (C) OF SECTION 17.02.140 (DEFINITIONS) OF CHAPTER 17.02 (ADMINISTRATION) OF TITLE 17 (DEVELOPMENT CODE) OF THE RANCHO CUCAMONGA MUNICIPAL CODE MOTION: Moved by Williams, seconded by Michael, to adopt Ordinance No. 832 and Ordinance 833 for second reading. Motion carried 5-0. P. COUNCIL BUSINESS The following items have been requested by the City Council for discussion P1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Spagnolo reminded the audience of the importance of pool safety. He appreciated the number of youth sports programs in the City and the need for additional fields. Councilmember Spagnolo commended the Community Services Department for their ongoing role in ensuring that all groups are treated fairly. Councilmember Gutierrez agreed with the need for additional fields. He inquired about the occasionally vacant fields at Rancho Cucamonga High School. Councilmember Gutierrez reminded all families to watch after their kids around pools. Mayor Pro Tem Michael announced the upcoming Putt for Paws event on August 21, 2010. He addressed the concerns raised about parking and noted that staff is working to manage the parking issues as effectively as possible. Regarding community satisfaction, he indicated that 92% responded to a community poll that they were satisfied with the quality of life in the City. Councilmember Williams thanked Nellie Ayala for her years of volunteer work. She encouraged everyone to visit the new history room at the Biane library. Mayor Kurth thanked the Community Services Department for the well maintained and beautifully organized fields in the City. He requested that staff contact Mr. Losch regarding the request for a proclamation. P2. ADOPTION OF RESOLUTION OPPOSING PROPOSITION 19: THE REGULATE, CONTROL AND TAX CANNABIS ACT OF 2010 RESOLUTION NO. 10-137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OPPOSING PROPOSITION 19, ALSO KNOWN AS THE REGULATE, CONTROL AND TAX CANNABIS ACT OF 2010, ON THE NOVEMBER 2010 BALLOT Fabian Villenas, Principal Management Analyst, presented the staff report. Redevelopment Agency, Fire Protection District, City Council Minutes August 18, 2010 -Page 8 of 10 In response to Councilmember Williams, he confirmed that this Resolution was prepared by the League of California Cities. MOTION: Moved by Spagnolo, seconded by Michael, to adopt Resolution No. 10-137. Motion carried 5-0. P3. APPROVAL OF VOTING RECOMMENDATIONS FOR 2010 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE RESOLUTIONS Fabian Villenas, Principal Management Analyst, presented the staff report. Discussion was held regarding the voting delegation, as Mayor Kurth would not be attending the conference. In response to Councilmember Spagnolo, Mr. Villenas noted that staff had reviewed the initiatives and have made recommendations on each. MOTION: Moved by Spagnolo, seconded by Michael, to approve the voting recommendations listed in the staff report. Motion carried 5-0. P4. COUNCIL DIRECTION TO THE MAYOR TO SELECT A REPLACEMENT FOR THE VACANT PRIMARY COMMISSION SEAT OF THE LOCAL AGENCY FORMATION COMMISSION (LAFCO) Fabian Villenas, Principal Management Analyst, presented the staff report. Mayor Pro Tem Michael noted the need to support Councilmember Spagnolo. MOTION: Moved by Kurth, seconded by Michael, to provide direction to the Mayor to support Councilmember Spagnolo's appointment to the Local Agency Formation Commission. Motion carried 5-0. P5. RESPONSE TO RESIDENT'S INQUIRIES FROM AUGUST 4, 2010. CITY COUNCIL MEETING RELATING TO POTENTIAL PARK PROJECTS Kevin McArdle, Community Services Director, presented the staff report. The staff report discussed the design of a bocce ball court, which is not funded; the status of a Veteran's memorial at Central Park and the field reservation policy. In response to Mayor Pro Tem Michael, it was noted that an 80% league residency requirement was needed to qualify for first priority on fields. Mr. McArdle noted that the Mr. Moffatt's granddaughter's league is a traveling league. Traveling leagues have a 70% residency requirement. Mr. McArdle looked at the league's roster and they do not meet this requirement. He noted that an individual team could consist mostly of residents but that traveling leagues typically are regional and by definition, would not meet a league residency requirement. In response to Mayor Pro Tem Michael, Mr. McArdle indicated that the fee was $35 per hour, which is charged to recover the costs associated with field maintenance. In response to Councilmember Gutierrez, Mr. McArdle stated that the resident leagues do not pay anything to use the fields, but noted that there are more than 10,000 youth in the various resident leagues. After these leagues reserve the fields, there are not many fields available. Also discussed was the Sports Advisory Committee, which oversees the field reservation process and makes recommendations to the Parks and Recreation Commission. Mr. McArdle indicated to Councilmember Gutierrez that many activities in the Department have resident and non-resident fees. He also addressed the Department's agreement with the School District on the use of school facilities. Insurance was discussed, with City Attorney Jim Markman reporting that non-permitted teams create a liability for the City when the procedures are not followed. Redevelopment Agency, Fire Protection District, City Council Minutes August 18, 2010 -Page 9 of 10 In closing, Mr. McArdle noted that the traveling league had reserved and paid for Garcia Park for this team, but noted that the team chose to travel to anon-reserved park closer to the coach's house, thus causing the conflict. P6. APPROVAL OF LIBRARY SUBCOMMITTEE'S RECOMMENDATION FOR RE- APPOINTMENTS TO THE LIBRARY FOUNDATION P7. APPROVAL OF LIBRARY SUBCOMMITTEE'S RECOMMENDATION FOR APPOINTMENT AND RE-APPOINTMENTS TO THE LIBRARY BOARD OF TRUSTEES Councilmember Gutierrez reported that the Library Subcommittee is the re-appointment of Jackie Amsler, Robert Coberly and Luella Hairston to the Library Board of Trustees. Mayor Pro Tem Michael reported that the Library Subcommittee is recommending the re- appointment of David Gonzalez and Dominic Melillo and the appointment of Janet Temkin to the Library Foundation Board. All of these appointments are for afour-year term. MOTION: Moved by Michael, seconded by Gutierrez, to appoint Jackie Amsler, Robert Coberly and Luella Hairston to the Library Board of Trustees for afour-year term and David Gonzalez, Dominic Melillo and Janet Temkin to the Library Foundation Board for afour-year term. 5-0. Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING Councilmember Gutierrez requested an update on the parking permit program. He also requested an update on the neighborhood bully nuisance abatement procedure. After discussion, Councilmember Gutierrez noted a report would be desired if there was anything new to report. Councilmember Williams requested a report exploring the possibility of changing Foothill Boulevard to Route 66. R. ADJOURNMENT Mayor Kurth adjourned the meeting at 9:28 p.m. in the memory of former Ontario Fire Chief Fred Nelsen. Respectfully submitted, Debra L. McKay, MMC Assistant City Clerk/Records Manager Approved: '*'*' Redevelopment Agency, Fire Protection District, City Council Minutes August 18, 2010 -Page 10 of 10 ~ N ~ S S ~ ~ p ~ T ~ ~ ~ c0 ~ ~ ~ ~ v ,-r ~ ti , -r `C ~ ~ ~ ~~~ ~ ~ ~ ~ O ~ ~ °1 s ~ = N ~ (7 ~ ~ S ~ r+ . ~ ~ ~ ~ ? 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Disaster Preparedness Workshop Date: Tuesday, September 21st, 5-6:30 pm Where: Archibald Library, Children's Story Theater ~~~~ ~~ , . f- 'h Rote: Starytime on Family Disaster plan to follow after the workshop L 6pm= ; ~ ; Pick up tickets at the Children's Desk starting September 1st !~lATtO~-~6~4L sir-rE:~wetn zc ~ c P1tERA77ECTlV ESS M~C3fVTi-i },~ a • - Presented by the City of Rancho Cucamonga in collaboration with the Rancho Cucamonga Library September is National Pre aredness Month P e'Pa P~ R~ ~~c~ yr 1'rcepars_. 1-'l~~t~. Stay l~tf~c.~rri>LC-ci_ Join us for an informative workshop!!! Disaster Preparedness Workshop Date: Thursday, September 23rd, 5-6:30 pm Where: Paul Biane Library, Children`s Story Theater ~~~ ~~ ~~r ~, ...~ , \, ~, -~ , Note: Starytime on Family Disaster plan to follow after the workshop L 6pm ~ , Pick up tickets at the Information Desk starting September 1st INATFONii.~i. SEPTEMEEA 3Clc P'~tEPAltE[7NES"s ~A~IC7~I+t'iH ! ~ l~ ~' . 1 =ten. a SERVIr'ES Presented by the City of Rancho Cucamonga in collaboration with the Rancho Cucamonga Library ^ ^ ~~I~~~~ I~~~~~~ ~~0~ e y ors o p Wednesday, September 29, 2010 9:00 -11:00 AM Rancho Cucamonga City Hall Council Chambers How quickly can your business be up and running after a disaster? Will it be open at all? A natural catastrophe (e.g., earthquake), power outage, storeroom flood or any number of unanticipated business interruptions could mean big trouble for your company's bottom line and competitive advantage. Come and learn how to help your small to mid-sized business reduce the potential for loss, and find out how you can prepare in advance to reopen quickly should you be forced to close. Learn how to: • Take steps to protect you and your employees before, during and after a disaster • Find accurate information during an emergency • Protect your critical resources • Develop a "business continuity plan" • Access financial assistance that may be available for businesses after an emergency Receive: • Information and materials to help you prepare • Professional instruction from a representative of the City's Emergency Management Program • An opportunity to tour the city's Emergency Operations Center (first 10 businesses that register) THJS IS A FREE WORKSHOP PRESENTED BY THE CITY Of RANCHO CUCAMONGA EMERGENCY MANAGEMENT PROGRAM AND THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY. 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[ 1/20 t 0 BLJTSKC~ U'F[L(I'Y I7E.SiC<N [NC. 828.00 S/(V20[0 COSI'COWAOLESALECORPORATK~AT 76.91.8.50 81[12010 COSTCOW[UL1iSSA:C,6CC}RPQRA'F[<)N X9,718.38 8! t [ /201.0 INTERACT'I V E DATA CORPORATFUN 91.21 8/[ 1!2010 N1NY0 & MOORg 14,346.60 Sr'11:"?010 RtILESG(J]'S}N<:,'I'HG 3,f?0.00 8.!11.20[0 A8c I RLPR(?CeRAPF-L[C~S 1.15.73 $/1112010 A & 112EI'R.OGRAP[{[(iS 41.94 8/[?/2(ll0 AUP'BAL' G©Rl~'ORA'C10N 2,000.00 8/Il/.01.0 CHEA 16$,80(}.00 R/11/2010 CC)MMER,CIAL DOOR COMPANY [NC 1,35628 8!i k!2010 FEDERAL t3XPRESS CF)RP 24.71 f/L 1'2010 FEDE'.RAL EXPRESS CU[tP 19.38 8%1 V20I0 GEOGR.Af'H1CS ~ 60.00 8!l 12010 RANCF[O CLJCAMONC1A CF[A[v[BIiR GP COMMEt 3.00 4- i 1/2()10 VEND [I COI~4PANY 276.44 8x13;2010 EAS'I'ER, PAMELA 98.14 8118/2(110 LOWES COMPAId[E?S [NC. 4,137332 8118/20 L0 A8r[REPR(')GRAPHK;S - 41.48 8/18/2(110 FEDERAL, B.XPI2E55 CC}g,° ?6.63 8/13/2010 FRANCE PEiBLICATIC)NS 1NC. 3,100.00 8118/20 U} GEOG12:1f"'RIGS 204.34 8118/2010 GEOGI2AP[I1CS 29.9[ s;ls/7olo st,[NSETPUBL1s1[[NU 1s22.o8 8/I8/201U VAC:JE LLNE PUBL[SK[NG FNC 269.00 8i'18~"010 4~/ELI S PARGO BANK N.A 1,750.00 $/18/2010 WELLS FARG<) BANK N A [,750.00 8/19/20 i0 E64CC)RSERVK;;E 3,983.31 3'1 [.i20f0 Pi3I~[ULETON PARTNERS 1NC' 8!11/2010 PENBLETpN PARTNERS INC 8/([%20(0 PENDLE'I'C1N PARTNERS [NC Toia1 for Cteeck (ID AP: 35!,903.57 3,:120.00 259.9x 3,600.00 Tatat for Ckeck km EP, 9,379.9x Tote[ far E.ntiry: 3(1,283.5 [ User: VLOPEZ -Veronica Lopez Paoe: 1 Curr-erEt Date: 08.%361201 (2epart:CK_AGL"NBA RI;G_ POR'CRATT_RC - C'[C: Age~ida Checlc Reoesler Poia'uit L.aya¢t ~ Time: 07:20:6 MEMORANDUM Cm' CLERK'S OFFICE Date: September 1, 2010 To: Chairman and Members of the Redevelopment Agency Jack Lam, AICP, Executive Director From: Debra L. McKay, MMC Records Manager/Assistant City Clerk g Kathryn L. Scott, CMC.Y~ Y~ Assistant City Clerk _~ P-2 , RANCHO CUCAMONGA Subject: APPROVAL TO ACCEPT THE "2010 LOCAL AGENCY BIENNIAL NOTICE" PERTAINING TO THE AGENCY'S CONFLICT OF INTEREST CODE RECOMMENDATION: it is recommended that the Redevelopment Agency authorize the Chairman to sign the "2010 Local Agency Biennial Notice" indicating no amendments are necessary to the Agency's Conflict of Interest Code (copy attached). BACKGROUND/ANALYSIS: Pursuant to the Political Reform Act, all local governments must update their Conflict of Interest Code biennially to determine if amendments are necessary. Once the determination has been made, a notice must be submitted to the code reviewing body no later than October 1 of even- numbered years. The Agency has reviewed its conflict of interest code and it has been determined that the code accurately designates all positions which make or participate in the making of governmental decisions; that the disclosure categories accurately assigned those positions requires the disclosure of all investments, business positions, interests in real property, and sources of income which may foreseeably be affected materially by the decisions made by those designated positions, and that the code includes the provisions required by Government Code Section 87302. Respectfully submitted, -~ ~,,~- De L. McKay, CMC Assistant City Clerk/Records Manager Attachment: 2010 Local Agency Biennial Notice P-3 2010 Local Agency Biennial Notice Name of Agency: Redevelopment Agency Mailing Address' 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 Contact Person: Debra L. *tcHay Office Phone No: Fax 909 477-2700 exf. 200 Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. This agency has reviewed its conflict-of-interest code and has determined that (Check one box): ^ An amendment is required. The following amendments are necessary: (Mark all that apply.) O Include new positions (including consultants) that must be designated. O Delete positions that manage public investments from the list of designated positions. O Revise disclosure categories. O Revise the titles of existing positions. O Delete titles of positions that have been abolished. O Other ® No amendment is required. Verification The agency's code accurately designafes all positions that make or participate in the making of governmental decisions; the disclosure categories assigned to those positions accurately require the disclosure of all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding the designated positions; and the code includes all other provisions required by Government Code Section 87302. Signature of Chief Executive Officer Date Complete this notice regardless of how recently your code was approved or amended. Please return this notice ro later than October 1, 2010, to: (PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE) PLEASE DO NOT RETURN THIS FORM TO THE FPPC. California Fair Political Practices Commission www.fppc.ca.gov/866-ASK-FPPC 612010 STAFF REPORT ENGINEERING SERVICES DEP~iRTMENT Date: September 1, 2010 To: Chairman and Redevelopment Agency Members Jack Lam, AICP, Executive Director From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Curt Billings, Associate Engineer (,G?, Shelley Hayes, Assistant Engineer~J~. P-4 -~. RANCHO CUCAMONGA Subject: ACCEPT THE HAVEN AVENUE UNDERPASS CAPITAL PROJECT, CONTRACT NO. RA08-026 AS COMPLETE, RELEASE THE BONDS, ACCEPT A MAINTENANCE BOND AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $14,514,069.64 RECOMMENDATION It is recommended that the Agency accept the Haven Avenue Underpass Capital Project, Contract No. RA08-026, as complete, authorize the City Engineer to file a Notice of Completion, release the Faithful Performance Bond, accept a Maintenance Bond, authorize the release of the Labor and Materials Bond in the amount of $13,727,234.00 six months after the recordation of said notice if no claims have been received and authorize the release of the retention in the amount of $1,433,217.78, 35 days after acceptance. Also, approve the final contract amount of $14, 514, 069.64. BACKGROUND/ANALYSIS The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The Haven Avenue Underpass Capital Project scope of work consisted of construction of a grade separation structure, reconstruction and realignment of Haven Avenue, Acacia Street, 8"' Street and Humboldt Avenue; construction of Depot Drive; construction of storm drains, underground utility conduits, vaults, handholes, wastewater line, signal equipment; work within the railroad right-of- way; and associated civil work. Pertinent information of the project is as follows: - Budgeted Amount: $16,000,000.00 - Account Numbers: 2650801-5650/1355650-6314; 2660801- - 5650/1355660-6314 - Engineer's Estimate: $15,731,028.50 - City Council's Approval to Advertise: September 5, 2007 - Publish dates for local paper: September 13 and 18, 2007 - Bid Opening: September 30, 2008 - Contract Award Date: October 15, 2008 P-5 REDEVELOPMENT AGENCY STAFF REPORT Re: Accept Haven Avenue Underpass Capital Project September 1, 2010 Page 2 - Low Bidder: - Contract Amount: - 10% Contingency: - Final Contract Amount: - Difference in Contract Amount: KEC Engineering $13,727,234.00 $1,372,723:40 $14,514,069.64 $786,835.64 (5.73%) The net increase in the total cost of the project is a result of seventy-seven (77) Contract Charige Orders (including the Balancing Statement.) while a majority of the changes were for minor items related to the bridge, track work, traffic, street and landscape, the notable changes that were significant to the increase of the Contract amount were: adding the western side shoring; staggering the northern side shoring plane for maximum clearance from the railroad; and changing to precast pilasters. The Balancing Statement accounts for other minor increases and decreases in the project bid quantities. Respectfully submitted, Mark A. euer Director of Engineering Services/City Engineer MAS/CB/SH:Is Attachments ,- r _. CITY OF RANCHO CUCAMONGA HAVEN AVENUE GRADE SEPARATION VICINITY MAP LOCATION P-7 RESOLUTION NO. R/Q /Q- Q /g A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE HAVEN AVENUE UNDERPASS CAPITAL PROJECT, CONTRACT NO. RA08-026 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the Haven Avenue Underpass Capital Project, Contract No. RA08- 026, has been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, the Redevelopment Agency of the City of Rancho Cucamonga hereby resolves that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. I2.Ai~CH`~ CUC.aNI(3NC:A FIFLE PRf1TEC.TIf}~ I3I4TKICT P-8 A~*enda C[rect: Register 8/llrzolo thrvu~t, 8i24/2ol0 Cheek No. Check Date l_endor Name Amount AP-uo3QO345 snl/zolo BARREDA;AU~r~ ns.4a AP - 1)0300'360 R/! 1/20[6 C, ANB M BUSFNESS [N'FERTC}RS 2,412.80 AP - 00300367 Si 11/2010 M,BDINA, BREANNA 271.07 AP - 00300375 8/i i 1'2010 RESCUE R.BSPONSE C'rEAR LLC 1,6.59.86 r1P - 00300387 8/11/2010 ADAPT C(N5L1LT[NG [NO 328.42 .4P - 00300390 8/I 112010 AKRON BRASS COMPANY 899.85 AP - 00300405 &/1.1(2010 BE~,LL, NIICF[AEL L. 70.00 Al' - 00300417 8i'I V201U CAILNBS, SANDY 45.30 AP - {10300418 8/11/2010 CA:RQU'E':iST AUTO Pa.KTS ~ 1.73 AP - (10100425 fist l 12010 (LOW, FRED 85.67 AP-00900430 SiI1/20!0 COP 'I"OWNUNIFOluv1S INC. ~ 281.23 AP-O(J30(1432 811 (/2010 CLJCAMONGA VALLEY WAT'f3R DISTRICT 303.50 RP-003004.12 8/11./2010 CIJCAMONCiA VALLEY WA`CERI)IS`CffiCT 92.00 AP - 0(1;(')0432 8/i 1;2010 CUC;AIvLONGA VAF.LEY W:4TE[i DFSTk2.IC1" ~ 1,837.74 AP - 003004'32 8;1 Ti2010 CL.ICAbFONG.4 VALLEY WA'IEI2. DISTRICT 178.54 AP-00300443 8/1(/2010 ETOH`i'HAVE;N[JEENTBRPR[SELLC 305.04 AP - 00300466 8/I t/2010 HOYT LUMBER CO., SM 38.14 :\P - (10300466 8!1 V?010 I-EOYT LUb1Bf3R. CO., 5nt 1.84 A:P-00300467 8/11/20(0 ITSBCBLJSINESSSOLUTIONS 151,41 AP - 00300476 811 tr`20'L0 Ilv`TERSTATE BATTERIES 86.95 AP -4030049] 8111/2010 LOR'ES COMPAN[ES INC. 60.(15 AP - 110300495 811 I/"--610 i:.(:)WES COMPANIES INC. 13.99 AP - 00300495 8/[ 1/2010 LOWSS COMPANIES INC. 7033 AP - 0030<r495 8!t 1 /2010 LOWFS CUMPANIL'S INC. 238.77 Ap _ 00;01}495 8111;2010 LO`<h'GS COMPANIES INC. 13.80 AP - 003(10495 8l[ V2010 LOIVES COMI?AN1ES [NC. 367.58 AF - 00300495 8/ t 1 /2010 LOWES C'QIvIPANIEB INC. 144.90 AP - 00300495 8 11;2010 LOW'ES COA•tFANIES INC. 21.71 AP - (}03004.9b S11 I x'2010 LLPS LFGH'IIiOE!ESE INC 168.69 AP-00300502 8111,x2010 MA.RItC€iRISTOVIIFR[NC. 3796 AP - 00300502 8/1 1x'_1010 b1ARK C€iKIS'I'OP.HEIt (NC 498.85 AP - 00300511 8.`11720 (0 NA1?A ALrCO PARTS 195.23 A,P - 00300511 8/t I /2010 NAPA AUTO) PARTS 3257 AP-0030051.! A/1.1!2010 NAPAAtJT(7I;'ARTS 1739 :4P -00300514 8/1 V2010 LdEXTEL 38.40 AP-00300518 8111720[0 OFF'1CEDEPOT 831 AP - 00300>23 8171/2011) O'WEN ELEC'CR1C IN'C 1R.86 AP - 00300523 8/11/2010 OWBPI EE.EC"F'RIC [NC 1,870.09 AP-00300:36 8/I 1,'2070 PETEFZSONHYDRAUI,IC'S1NC (172.06 AP - 00300550 8/11/2010 SHAI`TON LNC 450.00 .AP - 0(}3110585 3/11/2010 SMAR`f AND FINAL. 20G.3> AP - 00300555 8'11.%2010 SMART AND FIN:1L. -21.38 AP - 0030055.5 8/I 112010 SMART AND FINAL -21..37 AP - 00300559 8;11/2010 SOLiT1Q.EF2N CALIFORN[A EDISON L,134.74 AP - 00300559 8/102010 SOUTI-FERN CALIFORNIA ED[SON 6f>;? 1. AP-00300565 S/it/2010 SW[FTYSFGN 200.10 AP - 0030(1567 8l1 F!2010 TAOM5ON REUTERS/BARCLAYS 128.00 AF - 00300570 8/1 1!20 [0 LNIFIRST' L'N1I ORM SERVICE 50.74 AP - 00300583 811.112010 VSR[ZON WERELESS - LA 3631 AP - 00300583 8/11/2010 V"ERFZON WiREi,ESS - LA 3631 AP-60300583 8!1!/2010 VER[ZONW[RELESfi-LA 36.13 AP- 00300583 S/(Y/2010 VER!ZON W[ItELESS - LA 36.31 AP - (10306'883 8''1112010 VERIZON WIRELESS - LA 36.31 AP - 00300;,86 8/! L"2010 VEFt[ZON 19.60 _-. __ _..... . __ ._ _ user: VLOPEZ Veronica Loper I'aRe: 1 v Current Date: ~ 08.26 ~0 i Report:CK_.4GENDA_ REO_Pi)RTRAI T'_ RC; - CK: A~en~a Check Register Por(x:tit Lxyoa( Time: 07:21 a RANCHO CYJCArIVIOi'ti`CBA RIRE PROTECTION DISTRICT P-9 Agenda Ci>leclc Reseicter 3%I I/2010 through 8/24/2010 Check No. Check Date Vendor Name Amount AP - 00300586 8i 102010 VERIZON 19.61 .AP - 00300536 8/11/20(0 VERIZON 108.74 AP - 00300586 8/t 112010 VERIZON 3742 AP-00300586 ft/11i2010 VERIZOIV -17d.31 AP - U030USRG 8r L U2U 10 VERtZON I8.R0 AP-00300536 3111'2010 VER[ZON IIs.01 AP-00300586 R/1(2010 VERIZON (08.74 AP - 00300595 Sll 113010 WEST END LJNIFURIa1S 152.06 AP - 003006'08 3/12/20! 0 AIRGAS IVES'/' 90 L l R AP-0U306fi11 8i12i301U CUC:AMONGAVALLEYI~'A'FEftDIS'1-RICT SS.zU AP-003006(1 8/12/20(0 CUCAb'tONErAVe~.L,LEYWATEf2.DISTRIC"f 334.87 AP -(.103(10633 8/18/2010 L.ICH'I`MAN, OFER 173.00 AP - 00300636 8/15/2010 OCC:UPA"CLONAL HEAL"['H CENTERS ('>F CAL1F0 1G2.41 AP - 00300643 5;18/2010 A &; A APPLiANCF.. SE[iWICE ~ 279.02 AP - 0030OG48 8%18/2010 ADAPT CONSUL'CiNG INC 76995 AP - 00300654 3/18/301 p ALL Cl'CIES TOOLS ?92 76 AP - 00300680 8; 13/2010 CARQUEST AUTO PARTS (20.04 .4P - (10300680 8(1812010 <:.4.RQUEST AtiTO PARTS 24.48 AP - 00300680 8118/20 lD CARQUEST AUTO PAR"CS 60.02 AP - 0030(1683 8/18%2010 C1iEMSEARCFt 1,782.36 AP - 00300636 8/18/2010 COMEALi, CHAD 250.00 AP - 00300705 Si 1 812(110 BIOFITH AVENUE, ENTERPRISE LLC 392.59 AP - 00300715 8/18/2010 FRANKLIN TRUCK PARTS 439.56 AP - 0030((715 8/!8/2010 FR4NKL[N TRUCK PARTS (01.07 AP - 00300715 S/18/2010 FRANKLIN TRUCK PARTS 75.45 AP - 00300715 8/LS/2010 FRANKLIN TRUCK PARTS 586.51. AP-00300719 R/13/2010 GENERALSERVIL'ESADMIN. 36J2 AP - 0030(1732 8(18!2010 HOl'T LU6dBER CO., SM I C,.62 AP -0030073? 3/18;2010 EIOY'F LUMBER CO., SM 21.99 AP - 00300732 ft; 1.8,'2010 HOY"C LL.IR~iBER CO., SM 4:39 :4P - 00300733 R/18 3010 HOY1' LUh1BER CO., SM 2720 A P -('10300732 8/1 S/20 f 0 HOY°F LUIlIBER OO., SA4 ~ 1.84 AP-00300732 R/18/2(}10 IfOYT1-UMBER CC)„SM 12.01 AP - 003007/2 R/ I S `2010 f N'i'EItSTe1'FE BATTEItIL;S 261.97 AP - 00300742 8/1812(110 CNTERS"f.4TE. BATTERIES 26197 AP - 00300742 8/13/2010 IN1'L'R~`i'I'ATB BA,9'TERIES 9(15 ~)= AP-0030074? R/18120(0 INTERS'I.4TE6.4'["CER[ES 26L97 r1P-0030(1742 8/1R/2010 INT'EILSTATEBA't"CERIES 262.02 .4P-00300742 3ilR/2010 [NTERSTA'CEBA7°CERIES '-61.97 AF - 00300742 8/I 3/2010 1NTEKSTATF. BAT'1'EKIES 261.97 AP - 00300748 3 l8/201D KME EIRE APPr1R4'LUS 417.89 AP - 00300748 S/13!2010 KME FIRE APPARATUS 432,75231 AP - 00300764 3!18/2010 N F P g 705.fi5 AP-00300768 8/l8/ZUI(1 NUSTr1GROEJP.COM 224.03 AP - 00300773 S/18/2010 OFFICE DEPOT 5.60 AP - 00300773 5/13/2010 OFFICE DEPOT -3.50 AP - 00300773 8/15/2010 OFFICE DEPOT -32.1.5 AP - 00300773 8/13/2010 OFFICE DEPOT -21.49 AP - 0030(1773 8.15!2010 OFFICE DEPOT 6.99 AP - 00300773 5/13/2010 OFFICE DEPOT ' 73 A,P - 00300773 5/18/2010 OFFICE DEPOT 420.06 AP - 00300773 3/13/2010 OFFICE DEPOT 4.68 AP - 0030(1773 811.8/2010 OFFf.CE DEPO"C 378.77 AP - 00300791. 811 812 0 1 0 SALLEY, BRET 375.00 User. VLOPEZ - ~ eronica Lopez Pa.~,e: 2 Current Date: 08'26/201 Repoe-t:CK_A<';EN'DA _RE(i_FOR"fI2AF{ _RC - CK: Agenda Check Register Porirait Layout Time: 07:21:1 RANCHO C'CJC.'AMC)KC=A FIRE PR{3TEC:'CION DiSTRIC'1' P-10 Agenda Chectc Register 8/I 113010 throunJi 8i^"<4.?0l0 Check No. Check Date Vendor Name Amount :\P - 00300798 8/1 S!2010 SMART AND PCNAL 2423 AF - 40300800 8/ 1812010 SOCAL EPO 55.00 AP - 00300315 8/18/2010 T'ERi\-IINIX PROCESSING CENTER 73.40 AP-00300815 8/18/2010 "fERMINIXPROCESSENGCENTER 69.00 AP-00300815 Ri18/20(0 'CBRMLN4XPKOCESS[NGCEN'TER 81.00 AP - 003(108!5 R/t8/2014 TER1v11NIX PROCESSING CENTER 65.00 \P - 0030081 R 8/I fi <010 TURNOUT MAINTENANCE COMPANI' LLC 580.88 AP - 00300818 8/18;2010 TURNO(TI' MAINTENANCE COR-iPANY LLC 309.00 AP - 00300820 4/13r2010 UNIPIRST UNIFORM SERVICE 50.74 AP - U0300324 81'!8/2010 \%AL,LF..1' PO\1%ER SYSTE<`4S LNC 76.80 AF-003008'_7 8118/201.0 VERI--/.,ON 3624 AP - 00300847 8/19%2010 DAPPER TIRE CO 1;002.67 AP-00340848 8/19/2010 EbICORSERVICF_ 2;280.00 ,4P-00300848 8/l9r3010 6MCORSBRVICE 1;490.0(1 AP-00300848 8/19/2010 EMCORSERVICE 1,540.00 .4P - 00300848 8r 1912010 EMCOK SERVICE 2,400.00 AP -40344848 3/19!2010 EMCOR S,ERV.ICE 2,270.00 AF' - (1430(1848 3;19/2010 EMCOR SERV CCE ?80.(10 AP-00300848 8/!2'201(1 BMCCIRSERVICg >60.00 AP - (10300353 8/19/^_(1lO NBC UNIFIED SOLUTIONS LNC ^_ IB.OD AP - 00900855 8/23/2b 10 I<.[LMER, S'['EPHEN L.902.33 AP - 44304856 8/23/.2,(11.0 MOR<3AN, BYR'ON 1,779.19 AP - 00300857 8(23/2010 WAC.KF,R, KENNETFJ 305.60 Total for Check [D AP: 480,318.34 EP -130401257 8/I I/2010 DOMINlCK; SAMUEL A. 5,260.00 EP - (14001'265 8/23!24 (U AHUMADA, ALEXANDER. R 1,543.78 EP - 00401266 3!23,'2410 ALMAND, LLOYD 716.24 EP - 00001267 8!23!2010 ARTH-UR, VERA .4. 193.36 EP - 00001268 3/23/2010 l3ANTAU, VICTORIA .169.83 EP - 00001269 8%23i201A F3AZAL, SUSAN 1,168.82 EP - 0000!270 3/23/2010 F3ERR\', DAVID 721.34 EP - 00001271 8/23/2010 t3ILL[NGS, ESTER 19-4.53 EP - 00001272 8/2312010 CARNES, KENNETH 606.53 EP - 000012?3 4.'2312010 CORCOR.4N; ROBERT 1,439.10 EP - 00001274 3/23/2010 COX, KARL. 716.'_0 EP - 04001275 8C23l2010 CRANL', Rs1LPH 1,573.14 EP - 00001276 8;23/2010 CROSSLAND, A%ILBUR 491.72 EP - 000012'7 8/23;'2014 UE .4NTONLO; SUSAN 667.05 EP - 0000 L278 S/23/2(110 DOA4[NICK, SAMUEL A. 1,439.14 EP - 000012?9 8!33'2010 EAGLESON, MICHAEL 1,90233 EP - 00001280 8/23!2014 FRITCHEY'; IOHN D. 721.34 EP-00001281 8!"_'3/2010 HEYDE,DONALD 1139.10 L"F-04001282 8/2312010 MTE.RLICCHIA,Rl7SALYN 614..11 EP-00(101283 8/23/2010 LANE, WILLIAM 1,942.33 EP - 40001284 8/23/2410 LEE, AL.L,AN L; I SG.75 EP-00001285 8/23:20 L0 LONGO;JOG 19336 EF - 4004128E 8!23:2010 LU'M'RULL, DARREL L 72L34 EP - 00401287 8/23/2010 MACKALL, BENJAMIN I93.3G EP - 00001283 8!23r2010 MAYPIELD, AON 2;466.58 EP - OOOD L249 8.'23/2014 MCK.EE, JOHN 1,888.11 EF - 40001290 8%231201.0 h1CM[LLEN, LINDA 430.75 EP-0000t291 8/23/2(110 MCNEIL,6ENNETFI 7,439.10 EP- (10001292 8/23/2410 MICHAEL,, L. t)ENNIS 1,439.10 User. VLOPEL V~roi~ica Lopea Fagg: 3 ~ C:urrenl Date: 08/26/201 Report: CK_AGENDA _REG_PORTRAI' I'_KC - CK: Aacnda Check Register Poraaiz Layout Timo: 07:2 L I R_1NCIiC) CUC`AMONGA FIRti PROTECTION DISTRICT Agenda Check Register 8It1r2010 ihreugh 6/24/2010 Check No. Check Dafe Vendor Name EP - 00001293 8;23/2010 MYSE+OW, DENNIS EP-00001294 8/231201(1 NAUMAN,MICH.AEL EP - 00001295 8/23%2010 NEE, RON EP - 00(1(11''<9G 8/23/2010 NELSON, M14AR1"JANE EP - 00001297 8123(2010 PLOLRQG; M1-tICHAEt. J EP - 00001298 8r23i2010 POST: MICHAEL. R EP - 000(11299 Sr23'2010 S.4L.ISBURY, THOMAS EP - 00001300 fi/23/2010 SMI'CH. RONALD EP - 00001301 8/23/2010 SPAGNOLO, SrLM L'-P-00001302 R/23/2010 SPAIN, WII_LIAbt EP - 00001303 8!23/2(ll0 SULL(VAN, JAMES E..P - Cr0001304 8/23/^_Ol0 "[-AYLOR, STEVE L^"P-0000L'305 ~8/23f2010 'I'ULEY,'i'ERRY EP -00(101:,06 8/23/2010 VANDERKALC_LiN, E'R_ANCYS E.P - 00001;3(17 8/23/20 LO W'OL,E"E, Di.7ANE 1?.f' - 00001308 8123/,2010 YOWLiL,L, TIMOTHY A 'I-ofal for Check ID EI': Total for Entity: User: VLOPEZ -Veronica Lopez Pa°e: 4 Repori:CK_AGENDA_REG_PORTRA[T_RC - CK .A~euda Check Register Pmuait Layout P-11 Amount 721.34 T_(34 x,456.58 - 308.1'7 72l 34 1;401.9 i 72L.34 121.34 491.7? 60653 fi04.98 999.(9 1,439. t U 1,439.10 1,fi73.14 _ 2,460,. iB 51.777 ~.Ci 532,095.5(} Current Dafe: 03,'26/'0( Time: 07:21: MEMORANDUM CITY CLERK'S OFFICE Date: September 1, 2010 To: President and Members of the Fire Board Jack Lam, AICP, City Manager From: Debra L. McKay, MMC Records Manager/Assistant City Clerk gy; Kathryn L. Scott, CMC;//~ Assistant City Clerk `(j~`' P-12 , RANCxo CUCAMONGA Subject: APPROVAL TO ACCEPT THE "2010 LOCAL AGENCY BIENNIAL NOTICE" PERTAINING TO THE DISTRICT'S CONFLICT OF INTEREST CODE RECOMMENDATION: It is recommended that the Fire Board authorize the President to sign the "2010 Local Agency Biennial Notice" indicating no amendments are necessary to the Board's Conflict of Interest Code (copy attached). BACKGROUND/ANALYSIS: Pursuant to the Political Reform Act, all local governments must update their Conflict of Interest Code biennially to determine if amendments are necessary. Once the determinatiori has been made, a notice must be submitted to the code reviewing body no later than October 1 of even- numbered years. The District has reviewed its conflict of interest code and it has been determined that the code accurately designates all positions which make or participate in the making of governmental decisions; that the disclosure categories accurately assigned those positions requires the disclosure of all investments, business positions, interests in real property, and sources of income which may foreseeably be affected materially by the decisions made by those designated positions, and that the code includes the provisions required by Government Code Section 87302. spectfull~y°,s{~ubm fitted, br~. McKay, MC As istant City Clerk/Records Manager Attachment: 2010 Local Agency Biennial Notice 2010 Local Agency Biennial Notice Name of Agency: Fire Protection District Mailing Address' 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 Contact Person: Debra L. McKay pffice Phone No: 909 477-2700 ext. 2005 E-mail: Fax No: Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust.in government. This agency has reviewed its conflict-of-interest code and has determined that (Check one box): ^ An amendment is required. The following amendments are necessary: (Mark al! that apply.} O Include new positions (including consultants) that must be designated. O Delete positions that manage public investments from the list of designated positions. O Revise disclosure categories. O Revise the titles of existing positions. O Delete titles of positions that have been abolished. O Other ® No amendment is required. Verification The agency's code accurately designates all positrons that make or participate in the making of governmental decisions; the disclosure categories assigned to those positions accurately require the disclosure of all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materally by fhe decisions made by those holding the designated positions; and the code includes all other provisions required by Government Code Section 87302. Signature of Chief Executive Officer Dafe Complete this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2010, to: (PLACE RETURN ADDRESS OF CODE REVIEWING BODYHERE) PLEASE DO NOT RETURN THIS FORM TO THE FPPC. Cal'rfornia Fair Political Practices Commission v+ww.fppc.ca.gov/866-ASK-FPPC 62010 P-13 STAFF REPORT IL~INCHO CLiCAI~10NGA FIRE PROTECTION DISTRICT Date: September 1, 2010 To: President and Members of the Board of Directors Jack Lam, AICP, City Manager From: Mike Bell, Fire Chief By: Pamela Pane, Management Analyst II \ ' _~ -~ RANCHO C',,UCAI~tONGA Subject: APPROVAL TO ENTER INTO WATERLINE AND SEWERLINE IMPROVEMENT AGREEMENTS WITH CUCAMONGA VALLEY WATER DISTRICT IN CONJUNCTION WITH THE HELLMAN FIRE STATION (177) CONSTRUCTION PROJECT RECOMMENDATION Fire District staff recommends approval to enter into Waterline and Sewerline Improvement Agreements with Cucamonga Valley Water District in conjuction with the Hellman Fire Station (177) Construction Project. BACKGROUND The Fire District, as part of the Hellman Fire Station (177) Construction Project, will be constructing water and sewer pipelines as approved in the construction plans for the station. The Cucamonga Valley Water District (CVWD) requires the Fire District to enter into the Improvement Agreements with CVWD. Additionally, the Fire District is required to provide copies of the builder's bonds along with the signed agreements. The Agreements allow the Fire District two years to complete the improvements. It is anticipated that the fire station will be completed in approximately one year. District staff recommends the Fire Board's approval of the two agreements. Respectf ly submitted, P-14 Mike Bell Fire Chief STAFF REPORT 1~1NC-HO CUCtiMONG.~ FTRF PROTECTION DISTRICT Date: September 1, 2010 To: President and Members of the Board of Directors Jack Lam, AICP, City Manager From: Mike Bell, Fire Chief By: Janet Walker, Management Analyst II ~. RANCHO CUCAMONGA Subject: AMINKHAN-APNs:0201-182-36,37&38-SPECIALELECIION RESULTS PERTAINING TO ANNEXATION NO.88-10-1 RECOMMENDATION Consideration of approval of a resolution declaring results of a special election in Community Facilities District No. 88-1, Annexation No. 88-10-1 (a proposal to subdivide 3 parcels into 6 parcels in the Low Residential District). BACKGROUND On May 19, 2010, the Board declared its intention to annex APNs 0201-182-36, 37 & 38 into CFD No. 88-1. On July 7, 2010, a public hearing was held regarding the annexation and called for a special election. A special election was scheduled for July 14, 2010, after the adoption of the resolution declaring the annexation. On July 14, 2010, the landowner submitted their ballot to the Board Secretary. The Board Secretary canvassed the ballot and determined the landowner had cast a no vote. When notified, the landowner indicated that such no vote was cast inadvertently and requested the opportunity to vote again. Anew special election date was scheduled for August 11, 2010. On August 11, 2010, the landowner once again submitted their ballot to the Board Secretary. The Board Secretary has canvassed the ballot and completed the statement of votes cast (see Exhibit "A" of Resolution). The Landowner cast their vote unanimously in favor of the levy of the special tax in the Annexed Territory. Adoption of this resolution constitutes the formal action of the Board declaring the results of the election and directs the recordation of an amendment to the existing Notice of Special Tax Lien. By recordation of this amendment, prospective purchasers of property within the Annexed Territory will have notice of the special tax obligation affecting such property. Respec submi Mike Bell , Fire Chief P-15 Attachment: 1. Resolution 2. CFD 88-1 Map P-16 RESOLUTION NO. FD 10- 03 S A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILTIES DISTRICT NO. 88-1, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 88-1, ANNEXATION NO. 88-10-1 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 88-1 WHEREAS, the Bcard of Directors (the "Board") of the Rancho Cucamonga Fire Protection District, California, has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof. The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 88-1 (the "District"); and, WHEREAS, the area proposed to be annexed is known and designated as COMMUNITY FACILITIES DISTRICT NO. 88-1, ANNEXATION NO. 88-10-1 ("Annexation Territory"), and, WHEREAS, the Board did call for and order to be held an election to submit to the qualified voters of the Annexation Territory a proposition to levy a special tax in the Annexation Territory; and, WHEREAS, at this time said election has been held and the measure voted upon did receive the favorable 2/3's vote of the qualified voters, and the Board desires to declare the favorable results of the election and to order the annexation of the Annexation Territory to the District. NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The Board hereby receives and approves the CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the Election Official, said Statement setting forth the number of votes cast in the election, the measure voted upon, and the number of votes given for and/or against the measure voted upon. A copy of said Certificate and Statement is attached hereto marked Exhibit "A", referenced and so incorporated. SECTION 3. The Secretary is hereby directed to enter in the minutes of this meeting the results of the election and the STATEMENT OF VOTES CAST. SECTION 4. The Board hereby orders the annexation of the Annexation Territory to the District and further determines that the Board is now authorized to levy the special taxes within the Annexation Territory as approved and authorized by the qualified electors of the Annexation Territory. Resolution No. 10- -Page 1 of 3 P-7 7 SECTION 5. Immediately upon adoption of this Resolution, the AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) shall be recorded in the Office of the County Recorder. PASSED, APPROVED AND ADOPTED this _ day of , 2010. AYES: NOES: ABSENT: ABSTAINED: Donald J. Kurth, M.D., President ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a regular meeting of said Board held on the _ day of 2010. Executed this _ day of 2010, at Rancho Cucamonga, California. Janice C. Reynolds, Secretary Resolution No. 10- -Page 2 of 3 P-18 CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO )SS RANCHO CUCAMONGA FIRE PROTECTION DISTRICT ) THE UNDERSIGNED, AS ELF.,CTION OFFICIAL OF "fHE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, COUNTY OF SAN BERNARDINO, STATE OF C.ALIFOR_NIA, DO HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and the Elections Code of the State of California, I did canvass the returns of the votes cast at the: RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COMMUNtfY FACILITIES DISTRICT NO. 88-1 ANNEJ~ATION NO. 88-10-1 SPECIAL ELECTION In said Fire Protection District held on AUGUST I1; 2010 I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in said District, and the whole number of votes cast for the Measure in said District, and the totals of the respective columns and the totals as shown for tihe Measure are full, true and correct. I. TOTAL NUMBER OF VOTES CAST: II. TOTAL NUMBER OF VOTES.FOR AND AGAINST PROPOSITION A FOR AGAINST `~ R~ITNESS my hand and official Seal this _I? `` day of f_~ ~', 2010. '` i ~;~~~;~ Elec~on Official, Rancha-Cucamong State of California Fire Protection District ~ ~ ~o r O M ~ O ~ V ~ M "'~ cCi O M N Z N ATTACHMENT _~ ~~ 0 d ' ~~ 1 '~.J ~ 1 l rr`W Y.r..~rrs A ~ ~ ~ ~ ~ ~ C t. 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Check Date Vendor Name Amount AP-0030(1343 8!1.1/2010 ABLETRONICS 52.20 AP-00;00347 8111/2010 BRGSFIPPLI'LLC 4,336`11 AP - {10300337 8/I 1/2010 BRG SUPPLY LLC 3,350.00 AP-00300349 8/I !!201(1 CALIFORNIA,ST.4TEOF 129.43 AP - 00300350 8! L 1(2010 CUW-G 2,897.88 AP - 00300351 Si 1 L~"_'O[U C["PY RENTALS 39'4 AP - 00300352 8.'11/2010 COAST RECRLAT(ON INC 314.10 AP - 00300354 8/I 1!201 (I DEPARTMENT OF TRANSPORTATION 2:184.13 AP - 00300355 8.'I 1!2010 DUNN EDR'ARDS COF.PORAT[ON lib ~5 AP - 003003 55 8! t 1!20 10 DUNK F.DWARDS CORPOIL4T[ON 54.28 AP - 00300356 8/I U2U10 EbfP[RE MOBILE HOR-tE SERVICE 2.250.00 AP - 00300;57 Sit I/2010 FACTORCO C!O TRAFFIC OPERATIONS INC 821.79 AP - 00300358 8/1 U2U 10 FEDERAL EXPRESS CORE' 38.86 .4P - 00300358 8. [ I!2U 10 FEDERAL EXPRESS CORP 23 42 AP - 00300359 8; 11/2010 FRAlL'E PAINT CENTER 18.39 AP-00300361 8!1112010 GYROSCC_/PP,(NC 4;49424 M-00300362 R,•'I U201G HSBC BUSINESS SOLUTIONG 55.49 ,4P - 00300362 8!I 1!2010 HSBC BLiSINESS SOLU'L-EONS 137.01 AP - 00300353 8!I I/20I0 INLAND VALLEY EMERGENCY PET CLINIC 16.50 aP - 00300353 8./I ! x'2010 INLAND VALLEY EMERGENCY PET CLINIC 52.50 AP-00300353 8/11/2010 INLAND VALLEY EMERGENCY PET CLINIC 16.50 AP-00300363 8!Il/2010 IN LAND VALLEY EMERGENCY PET CLINIC 52:>~ AP - 00300363 8!I 112010 INLAND VA[.,LEY EMERGENCY PET CLINIC 52:50 ,4P - 003003(,5 8!1 I/2010 LAW OFFICE OF L'RENDA L, DIEDERICHS 6,350.0 AP - 00300366 8!1 (!2010 LEiGFI'i'ON CONSUL7TNG INC 2,070.00 AP - 003(1(1368 8i 10201(1 MR W R ASSOCIATES LLC 4,29C>.88 AP - 00300369 S/1(!2010 MWI. VETER[NARI' S[JPPLY 340.""-8 AP - 00300371 8/L 1!2010 N(:)R_MAN A "FRAUB ASSOC[AT'ES - 855 X12 AP - 00300372 8/I U?OlU ORCHARD SUPPLY I1ARL)WARE ~ 3.1 AP-{103003',3 8!IV2U10 PBAME:?RIC.4S(NC 6,688.56 AP-00300374 8!11/2010 PITNGYBUWEg ~ 305.:74 A:P-(10300374 8/11/2010 PI"C'NEYBOWES 208:80 AP-00300376 8/1I/?010 RGAE,NViRONMENTA,LINC 1,y40.0U AP - 00300378 811 V2010 UTILLC,IUEST 1,23'_"_>.65 AP - 003f)0379 8!1 (!2010 W Al; l'ERS Wf7OLI5SALE. EL,ECT'RIC CO 765.Cit Af?-00300380 8/LI/2010 Ak.,BBLISCOMPANy 375.00 AP - 00300382 f;%11!2(1!0 A ANI7 R'F[IZE SERVICE i0.Q8 AP -00300382 R/I I!ZOIO A AND Pi TIRE SER:V[CE ]U.tB ,4p _ 00300382 8/t 112010 A AND K'C'!RE SERVICE LU 48 AP-003(1U3fi2 8/11/2010 AANDR'ffRESERVICE 95.DR AP-00300382 8/I 1;2010 AAN[:)R'1'CRESERV[CE 1,530.00 AP - 00300382 S/I E!201(i A ANU R T1R.E SERVICE 526.1)0 AP - (10300382 8/I 1!2010 A ANU R TIRE SERVCCE 274.89 AP-00300382 8/111201(1 AANDRTIRESER:VICE 267.84 AP - 00300:82 8/I 02010 A AND R'I'[RE SERVICE '222.54 AP - 00300382 R!i 1!2010 A AND R'1'IRE SERVICE 1.382.74 AP-00300383 8/111"2010 A AND R T[RF. SERVICE 66.96 AP - 00300382 Sil 1!2010 A AND FZ TIRE SERVICE 1,32A l l AP - 0030038'_ 8/1l/2010 A AND R T[RE SERVICE 765.44 AP-00300383 8;11/2010 .A&V SOFTBALL 3,575A0 AP - 00300384 811.1!2010 A-PLtiS CARPE'( 6,384.1)4 AP - 00300385 8/I 1!2010 .4A EQUIPMENT RL-NTALS CO [NC 188.'?7 AP - 00300385 8111;2010 ABM BUSINF,SS MACHINES [NC 2~y 50 AP-00300388 8/11/2010 AC,ULLERA,ISA[f\H - ___..._....- 104.00 --- ---- -- -- - ----------------- _ - -- ----- - --- ---------- ----- User: VLOPEZ -Veronica Lopez ------------- ---- -- ---- -- I'a~c: I CarrenE Date: 08/26!201 Report:CK_AGENDA_ REG_PORTRAI' ('_RC - CK: Agenda Check EZegister Portrait Layout Time: 07:17:2 CTF'R' C?F RA;tiCHO Cf?C:~,h'IONG A P-21 agenda Check Re>yaster ~!'f V2010 through 3124/2010 Check Na. C:Ieeek Date Vendor Naene Amamrt AP-00300388 8/IV201.0 r4GlIlLERA,[SA[AH i04.Q0 AP-00300388 8/1112010 AGT1ILIi-R.4,ISAIAH IU4.Q0 AP-0030038$ ~S;lf/2019 AG1J[LERA,ISAlAH 104.00 ~ AP-00300388 8.%11/2010 AGtJTLERA,ISAtAF[ 104.Q0 AP - 00300389 8i'I F%2010 A[RGAS S,4FF'F`Y A82.16 AP-00300391 S;I 112010 ALT., WELDLNO 100.00 AP - 00300392 8i I 1/2010 AhTERICAN MATERIAI. LIANT.)L.INCi 1,700.64 AP - 00300393 Sil i%2010 .4M'E12ICAN ROTARY BROOM CO. INC. 19031 AP - 01!30039:1 81.12D i0 A~4LR[CAN RO'I'.ARY BROOM CO, iNC. 3S 130 AI'-003003S4 3/Il/201(1 API?LF:C.iATG,NAN 25.00 AP - 00300395 8/ 11 20 t 0 ARAMAF2TC LiNTFORM SEItV EC;E5 6.70 AP-00300396 811['2010 ARBC)RNURS@RYPLUS 59.81 AP - 00300397 8%1 i/201.0 ART3OLI) F[ELDS PAIN"C3NG 2.500.00 AP - 0030CI397 811(12010 ARNOLD Ftl~ [,DS PAINT[NC3 3;900.00 AP - 00300397 8/11/2010 ARNOI"€) FIELDS PAIN"IING 300.00 AP-0030039$ 8/11/2010 .45NAPPR.ATSAI. 375,00 AP - 0030039<) 8/I 1!2010 .4TITIRTON, TiM 500.00 A.P-00300400 8/'(!/2010 AUFBAI)CC'iRPORATIC)N 1,41(1.00 AI' - 00300400 8/ I ?/2010 AiJFBATJ C:ORPORAT[ON 4,000.00 AP - 0030040 t 3/'! 1!2010 BAT..DY FIfiE AND SAFE'T`Y ~ (iS.OD AP - 00300402 8/t 112010 BAIiNBS AND NOBC.,E. 3434 ;4F - 00300402 8!1 !,~?Ob 0 BARNF,S AND NC)Bl,E 2434 AP-00900403 8flt/20[0 BARNET'C,hfARtaUER[TE 5090 AP-00300404. Silt/2010 ~ BEA4"ONPLIJMBTNG 210.[3 AP-00300~1(i4 8/11%2010 BEACONPLCiIvfE#NCi ~ •162~~ AP - 00300406 8/1 V2010 BMJ WORK GROUF [NC (, 109.25 AP - 00300406 8/1 V20I0 S?v!S WC)RTC GROUP [NC'. 195.75 AP - 00300407 8.!11%2010 BOSHGRS, H0IVARD 8c T'AR4.ARA 5009(1 A€' - 00300408 8/t V201O BROTA PROC)LJCTIONS 608.85 AP -<K)34o409 Bit 1/2010 BR01>t'N, SC<)"I"T AND SUSAN 50!?.(10 AP - 003004! 0 8/F 02010 CALIFORNIA I30ARD OF i:QIJAi_[7:4T'ION, S"CAT' 7?67.0O AP - 0030(ktt i 8/I I/20 L0 CA.LIFORNIA FRANCTTTSE'£AX B0.4R.D 331.83 AT' -O(J3004t? 311 112 0 1 0 CALti'ORN[A F'RA'Nf;i-I[SF TAX BOARD 400.[4 t4P-0030{14(3 Ri1120k0 CAL.IFORNfAFRANCNISE'i'ARBOARD 50.00 AP-0030(74(4 8;1kr2010 CALIFORNIAFRANCHTSE'I'AXI3C.).AR,D 25.00 AP-00300415 k;,'112fl10 CAL[FORN:CAFR,4NC[3[SF3'I"A~F30ARD l5Q(t0 AF _00300416 81lli201.0 CAMERON w'ELDING SUPPLY 17.1.2 AP - 06300419 8!1.1/2010 CH,.AMP16N AWA1tD5 AND SPECL4LT`IES 8.70 AP - 00300420 8/11/2010 CHAI2'PER COMMLINICATEONS -0.2 [ AP - 00300420 $/1 t/2010 CHAR'i`FR. COMMCINTCAT"IONS 10~i.99 .AP-00300422 S%11;2010 CFI[LDSUPPOR'iENFORCF_MEN`PDIV[S1pN C75.00 AP - 00300423 8/1 1120 i 0 C[TY RE[~ CALS 33695 AP-00300424 8111/2010 CLAi3BY,S.4NDRA 1,000.00 AP-00304426 8/1t/201.r COCKRELL,ROCI[ELL,g 500,00 AP-(!0300428 8!11/20/0 CONCEPT'POWDERCOATING 300.G0 AP-510300428 8/U/?OI{r CC)Nf~EP"C POWDI-;RC:OA"CING 35090 AP - 00300429 8/1 112010 CC1NT'[N[`NTAL AR[BRICAN INSURANCE COMP/ i I5 <37 AP - 00300424 8/11/2010 CONTINENTAL AMERICAN TNSURANC"E COMP: 1.6.39 AP - 0030043 4 Sit 1;2010 CROP PRODCiC;TTOA~ SERVICES [NC ~ 449.44 AP-00300432 R/11/2010 CUCAMONGAVALLEYWATERDISTRTCT 283.30 AP - 00306432 8/1 112010 CUCAMONG A VALLEY WA"CER DISTRICT 67(1.86 AP - 00300432 8/f 112010 CUCAMfTNtiA VALLEY WATF;R DFSTRICI' /,?07.81 AP - 00300432 8/t [.'2010 CLiCAMCiNGA VALLEY WATER D1S"CRICT 734.02 AP - 00300432 8.'1112010 CUCAMONG A. VALLEY WATER. DISTRICT 49.78 User. VLOPE7 Veronica Lapez_ Pa ;e: 2 Cnne.ntDate: OS/2(i.%201 Report:CK_AGENDA_ R.E<i_POP:CRAI'I _.TtC - CI%: Agenda Check Reblster Partratt L.ayomt Time: 07:172 c~~~~t' of ~aA~c:~~o CucAltxoNr:~ P-z2 At?etttta ( hec[: Re>Tester Ri(1120EU thrrnteh 8.24/20[0 Check ~'a. Check Date Vendor Name Amount AP-00300432 8;'11/2610 CLiCAb4ONGA VALLEY WATER DISTRICT 285.44 AP - Q0300432 8/I U20t0 C[iCAMONGA VALLEY WA'1-ER D[STRICT 73.60 AP - 00300432 8/t 1'20[0 C[iCAMCtNGA VALLEY WATt3R DISTRICT 73.60 AP - 00300432 S/i 1:`2010 CI7CAMC)NGA VALLEY WATER DIS'1'RIC,T 76.:17 Al'-00300132 8114%20L0 CL-CAMONGAVALLEYWATL'RD[STR1C'I; 216.87 AP - 0O3O0432 8/I L2{)IO CCICAMONGA VALLEY A'ATLR I:IS'i'Rf'C"I" 112.94 AP-0030f?132 8!1ll2Ut0 CC1CAb3<?NGA VALLEY WATERDIS'i'RICT 73.60 AP- 00300432 Sit L2010 CUCATttONGA VAT:LEY W,4T'ER I7IS"TRfC'C 83.00 ,4.P-0030tAS32 8!11/2010 C[JCAbdO'NCsA VAT.LEY WATI3Ri)IS"I;RIOT 978.OF AP - 003004:x'_' 811 {12010 C[.iC.AMONGA VALt.LY VdATER DISTRICT" 40.65 AP - (10300432 8/11/2040 CUCAMONGA VALLEY WATER. DIS"I'RICT :15.20 AP-00300432 8/t U20'k0 CUCAMONC3A VALLEY WAT,Edt DfS'I'I;1CT 73.60 AP - 0030043'3 5/ I U20 t 0 D 3 EQU1FMl3N1• 111, t 8 AP - 00300434 S!t 620'[0 U A L SAFE'T'Y CO'NSULTAN'I~S 625.00 At? - 00300435 8;1 1; 2010 D A [.. SA'F'ETY CONSCILTAN'I5 250.00 AP - 01)3004:,6 8.!1 02010 I}: CS. I50.OC AP-00300437 8/11/2010 BEI:.TADENTAL 39,,62.65 AP-00300435 8/7.1/2R1A DODSOtti,VIRGINIA !00.00 AP - 00300439 8/ I 1 /2010 DORNING INC, GLENN I3 ~ ?'I AP - (10300440 8/'t 1/2010 DOROSFI, EDIT[-€A 120.00 AP - 003tJ0440 S/C i/?.010 DOROSI-I, IT.E)I'FFIA 1081)0 AP-00300441 8/11,2010 DOV.'N'tOWNFORD 61,377.08 AP-00300442 R111:20k0 DIINNEDWARUSCORPORA'C'IUN 180.67 AP - 00300444 8!1.172010 EMER.AL,D 5OD [NC. 3,534.8 AY - QO=00444 Rif 12010 EMERALD SOD IN<;- 3,534.38 AP - 00300445 8/11/2010 EA4PIItE. MOF3IL.E HOME SERVKE 3,74895 AP - 00300445 R'I U?OIO G~V[PIKE A4O[3[L,F I[OM[; SERV"ICE ,0,595.00 AP - (10300445 Ril 12010 En4PIRL hfOA[C,f HOM14L- SEKVICE 17,039.38 AP -1)030044.5 R/I Ir2010 EMT'ICit3 R~iOBILE I-IOhtE SER.V ICE 8,526.19 AP-0030016 8111;2010 ENGBERSON,E~RIC 500.00 AP - 003004V7 R!i 1!2010 EXPi:.ESS 13RAI~"s St?PPLY 57.50 AP - (10300441 fiil 1!2(110 EXPRESS Bi2.AKE SUPPLY 69.76 AP - 00300<I47 S/1 020[0 EXPk}i;SS L3ftAKE SUPPLI' 72.23 AP - 00300448 8/1.1!2010 PA[RVTEtiV FORB 24,364.40 AP-09300h-A8 8/11!2010 FA[RVIt:AI'I~ORD 24,3(>4.~30 Af' - 00300449 Sit 1;20 LO FAS'fFNAt_ COMPANY 393.95 AI' - 00300450 8i I t /2010 I-EDERAL E.„(.PRESS CORD 16.41 AP - 00300451 8Ii U20I0 FORD OP UPLAND CNC 90.00 AP-00300451 8/11/20L0 F'ORDOFUF'L.ANDLNC ~ 678.77 AP - 00300157, S/ 112010 G & J AIRCItAF C 93.79 AP - 00300453 R/1 12010 GAMEZ, F„R[IkA 11.0.93 9P - 00300454 8111?2010 GARCIA, MELISSA SOAQ AP - 0030(}45 8%t 112010 GF.N'PRY, DOiIALD A 157.00 AP - 00300455 8.11/2010 GENTRY, [)ONALD A k,092.00 AP - 00300455 3/11/207.0 GENTRY, DONALD A 273.00 AP - 00300455 8/i [12010 GENTRY, DONALD A Z73.G0 AP - 00300457 8/F V2010 GIORUANO, MARLANNA 25{)~QO AP - (?0300458 R/I1/2010 GONSALVES AND SON:.1OB A 3,000.00 AP - 00300459 8/'I [2070 GRAINCPER 23.75 AP - 00300419 8/t ll20 LO GRA[NCiER 241.13 AP - 00300459 8.!i 1;?Ot0 GRAINGER 27.96 AP - 00300459 8; 11/2010 GAAINGER 3 (4.18 ,~lP - 00300459 8/I V2010 CiRAINGER 3-68 AP - 00300459 8/11/2010 URATNGER 132.72 C{ser. C-LOPEZ -Vero nica Lopez Page: 3 Cureent Date: 08/2b/207 Report:CK_AC:rENDA_ REG_PORTRA['C _ RC - CK: Agenda Check Reolster Portrait C.aVC~uf Time: 07:17:2 CITY OF KANCIIO CIICAM(7NGA P-23 _1~*ertda Clteck Reaivter 8lt 1'2010 through 8/24/2010 Check No. Check [Tate Vendor Name Aotomtt AP -00300460 8.!1.1/2010 GRANT' I[I, VINCENT 9(.00 AP-00300460 S!ll!20I0 GR4NTIILVINCENT 91.00 AP - 00300460 811 (/2010 GRANT [TI, VINCENT 91.00 AP - 003004ti0 8/11!2010 GR4N-C IIL VINCENT 91.OQ AP - 00300460 8/1 ]120!0 GRANT I1 L. VINCEN'i ~ 91.00 AP - 003004fii Sil 1!2010 GREPNti\'OUL''S UNIFORMS I t 162 AP - 0(1300462 811 1!2010 HAN, HETTY 100.00 AP-00300463 8/11;2010 HARALAMBOSBEVERAGF,COA1PANl' 551.10 AP-00300464 8i1t/ZOtO HOMEDEFOTCREDTI'SERV[CP,S 1,269.31 AP -00300465 8./I k/2010 HOSLi MAN RVC 97.43 A[' - 003004(,5 8/I 1!2010 HOSE MAN IN<' 84.81 AP - 0030(14(17 8i I L/201 U HSPIC BUSINESS SOLUTIC7NS 65.22 AP - 00300467 8111!2010 HSBC BUStiv'FiSS SULUT[ONS 138.10 AP -(.1030CV4(i7 R.'I E/2000 HSBC: BUStNF.,SS SOLLI"I'lONS 349.73 AI? - 00300467 8/I t/2010 HSBC Bt.ISTNESS SOI:,UI'IONS 709.43 .4P -003004ti7 8/I 112010 FISBC BUSCNESS SOLLJT[ONg 326.(18 AP -00300467 S/I U20H) 13SBC BUSINESS SOLU'PEUNS 254.54 .4P - 00300467 8/l ll20ll) HSBC BUSINESS SOLItTIONS. 20,y7 AP - 00301)4(18 8,'11/2010 HUB CONST'ft.UCTION SPF_CIALITIE,S INC 4.963.30 AP - 00300469 8!I 1/2010 F[UEY, LINDA & RAYMOND 500.00 AP-00300470 S.!II/2010 IBM19CORI'ORATION 5,256:10 ,4P - 00300471 8/ I 1 12010 IN DUSTRL4L. DIS'rRIBU TION GRUUP C I .S l AP - 00300472 8! i 1.20 (0 INLAND FA[R HUUS[NG AND N4EDI:ITION BOAC 32.50 AP - 00300473 31l t/20 LU INLAND PRESORT fi MAFLING SERVICES E 1831 AP - 0030047:4 F/t 112010 FNLAND PRESORT & MAII_[NG SERVICES - 91_(:7 AP - 00300474 Sr'I (!2010 [NL:1ND VALLEY D.4[Ll' BULLETIN 12200 AP - 00300475 8/l 112010 CNTERNAL REVENUE SERVICE 75.DQ AP - 00300476 8; l l %2010 !N"FERSTA"r[? BATTERIES 55.17 AP - 00300476 ~'1 112010 INTi]RSTATF_ BA"CE'ERIES 317.36 AP - 00300<t?7 8/I 1/2010 J M SERVTCES 3,960.00 A.P -00300477 8il !!2010 ] M SERVICES 34107 AF'-00300477 8/11/2010 .IMSERVECES Gfi2.16 AP - 00300477 8/l i/20it) J M SERV?C;ES 682.16 AP-00300478 8/11/2010 71'ERKINSCONS'PRUC:CIONINC 2,1{18.00 AP - 00300478 81l E/2010 J PERKLNS CONSTRtJ{:'TLON ENC 4:230.00 AP -00300479 8/1 1/2010 .EOF-[NSON MAC,FLINERY CUMPANy 1,40438 .4P-00300480 8/II/^_Ol0 3ONL'-S,Af:,LTSON 30.00 AP - 00300481 8/1 ((2010 IC K WOO17\VORK[NG 88.07 AP - 0030(1482 8/I E:?Ol0 KAMAN INDUSTR.[AL'1'EC;HNOLOGIES 68.64 AP-00300483 8/ll/201A KELLYEQULPMENT 27188 AP - 00300484 8/I t/20I0 KLACiS AND SONS 5,200.00 AP-U03U0485 Silt/2010 KOCACENK,EIANIIGET,4MY 500.00 AE' - 00300486 8/1 t!2U10 KORANBA CONSTRUCTION 5,420.00 AP - 00300487 R/I 1!2010 KVCR EDUC.4TlONAL FU[tNDAT[UN 1,200.00 AP - 00300488 8%I 1!2010 LF.E, KAREN 33.00 AP - 00300489 8!t t/2UI0 L(EBF.RT C:4SSLDY N'1lLTMORg 3.229.00 .4P-00300490 R!lf/201D LIFEWAYCHURCF{ 5.60 AP - 00300-190 8/111'20(0 LIFE\V.AY CHURCLI 5.00 AP-(10300491 8/I1/201Fi LIbiSALITOINC 38.36 AP -00300491 S/11!2010 L,ITiQS AUTO INC 38.6 AP - 00300491 8/1 020 E0 LIMS AUTO LNC 3836 AP-00300491 8/tV20t0 LIMS.4UTOINC 38.36 AP - 0030(149^ 8! 1112010 LOPE/_, ANGEL ~250.QU AP - 00300493 8/t 02010 LOS ANGELES FRE[G[fTLCIVER ---------- ----- 5893 _._._ --`---_.. _.._ ____ .. ....... F .--.. Clscr.VLOPEL-V~ronica[,o~ez --- --- Pa;~e: d ElurtenCi)ate: (18/26/201 ort:CK AGENI)A Re PORTRAI REG RC - CK: Agenda Checl: Resister Portrait Layout T Titne: 07:17? _ _ p _ _ CITY nF ItAi'VCHO CUCA1VfONf, A P-24 A_i;eneta CEteclc Register 8/1 t/2010 iivough 8 /2 412 0 1 0 Check No. Check Elute VenAor Name Amount AP - 00300493 Rl1.U2010 LOS ANCiELES FREIGH'1"L[NE[t 69.69 AP-003p0493 R/I1/2010 LOS ANGELES[REIOF[TL,CyER -48`74 AP - 00360495 811.1/2010 LOWL;S COMI?a'~NIES [NC. 215.4'1 AP - 00300495 8/11;2090 LOWES COMPANIES INC. 21.79 AP - 00300495 8!I 1;2010 LOW"E$ C1OMPAN[I:S [N(:. 4.96 AP - 00300445 8/t 112010 LO WES COMPANIES INC 32.6 AP - 00300495 8i L t (2010 LO WES COMPANIES iNC. 100.5a AP - 0(1300495 iii L!20f0 LOW'ES COMPANIES INC. X4.34 AP-00300495 8111;21)10 ?,OUlESC.OMPA'N1L-:SINC. 7.51 AP - 00300495 4~l 1!"_'010 LOWES COMPANIES INC. 42'08 AP - 00300495 8/1. Lr'2010 LOW'ES COMPANLES INC. 172.78 AP-00300495 3!IIi201p LOW'ESCOMPANIESINC. 10.01 AP-00300495 Ritl/2010 L,OWESCOMPANIESINC. 18.61 AP-00300495 8/11/2010 LO WESCOMPtW[ESINC. 7.~R AP - 0030049? 8/1 i/2010 LOWF:S COMPANIES INC. 8?2 AP - 00300495 8;1 1!20! 0 L,OW'IS COMPANIES INC. 304.50 AP - 00300495 8,'11/2010 LOWES COMPANIES INC. 13.54 AP - Ct030C1495 8)l l'2U10 LOWES COMPANIES LNC. 90.13 AP-00300495 R;l(/ZO(0 LOWESCUMPANIESINC. 610 :\P-pC300495 8i'1V2U10 LOWESCOMPANIESLNC. 2742 AP -00300495 8/l i/2010 LOWES COMPANIES INC. 143.75 .AP - 00300495 8.!I 1/2010 L OWES COMPANIES [NC. 51.70 AP-00300495 8/I t/2010 LOWES COMPANIES INC. 26.19 AP-00300495 8/11;2010 LOWESCOMPANfESINC. 127.92 AP - 00300495 Ri l l!20I0 LOWES COMPANIES INC 91.09 .4P - 00300495 811 I/2010 LOVES COMPANIES INC. 38.50 AP-00300495 8/11/2010 LOWESCOMP:IN[ESINC. 30:21 AP - OU3p0495 8%I 02010 LO\4'ES COMPANIES LNC. 23.55 AP-00300495 8/11;2010 LOW'ESCOMPANIESINC. 9.31 AP - 0030042 8,'I 02010 LOWGS C'd)MPANIES ING. I I (1.76 AP - 00300495 8;11!2010 LOWES COMPANIES INC. 41.35 AP-00300495 A'112010 LOWESCOIvtPANIES[NC. 5.79 AP - 00300495 8!1 I%20[0 1,O4VES COMPANIES INC. 219.06 ;1P - 00300x95 8i 11;2010 LOW'ES COMPANIES INC. =''9.53 AP - 00300495 8/11;2010 LO\VFS COMPAMES INC. '-0.63 AP-00300495 8/lir'2010 LOWESCUfvtPANIE6LNC. 102.48 .AP - 00300495 8;1 V2010 LO WES COMP.4N LES INC. 105.71 AP-OU30(149> 8/Lli2UL0 LOWESCOMPANIESINC. 81.80 .4P-00300495 8/lli2p10 [,O WESCQMPANfESINC. 58.49 A.P-00300495 $ltllZ0t0 LOWESCC)MPANEGS[NC. 40.80 AP - 00300495 8.!I V2010 LOW'F,S COMPAANIES LNC. 21.17 AP -00300499 S/I l/2010 LOWES COMPANIES INC. 10 ~7 AP - 0030(14^5 8/9 L/2010 LO\NES COMPANIES INC:. -40.80 AP - 00360495 R!I I!20tU LOWES COMPANIES INC. 54.()5 AP-00300495 8lll%2UU) LO\VESCOMP;IN[ES INC. 32.2 AP-t}0300495 S'tt/2010 LOW'ESCUMPANIESINC. 23.52 AP - Q0300495 8.l ll2010 LOWE5 COMPANIES INC. 31.='0 AF-00300495 8/11/2410 L,OWESCOMPANIESINC. 1G./U AP-00300495 8'll%20tU LOW'ESCOI<9PANIESINC. 14.72 AF-00300495 S/IU2pl(t LOWESCOMPANIESFNC, 13.02 AP - 00360495 8ll [/2010 LO\VP.S COA9PANIF:S LNC. IR.29 AP-00300495 8/ll/2010 LOW'BSCOMPANIESFNC;. 20275 ,4.P-00300495 8/LIi2010 LOWESCOMPANIESINC. 1(9.38 AP-p03004~95 8/1112010 [,OWE5COMPAN[ESINC. V35.35 Uses. VLOPE7 - Vcron _. ica Lopez ---- Pa~„e: 5 CurveutDute: 08%26/20! Report:CK_AGENDA_ftEG_PORTRA[ 'f_RC -Cit.: ARendae Check Reois9er Portrait layout Time: 07:17:2 Ci'I'Y OF ~2A1V~CHO C~CA~~LE)NGA P-25 ~Reetda Check Register 811 L2010 through 8Y24I20I0 Check Na. Check Date Vendor Name Amount AP-00300495 Si1ll2010 LOWESCOMPANIES WC. 10.83 AP.-00300495 R/11120[0 LOWESCOMPANTESINC. 20.98 AP - 00300495 8; I Ll2U E 0 LOIxiES COMPANIES INC. ~$ `~ AP - 00300495 8?l 12010 /;OWES COMPANIES INC. '22.U4 AP-0030(}495 &/I1/2010 E•OWESC<:7MPAN[ESINC. 7.Oi AP-00300495 51!!/201(6 LOWESCOPsIPANIESINC. 75.59 AF'-00300495 Bill/2010 L,t3WESCt")MPANIESINC. (02•`)3 AP - 003(10495 ~ 51[ I%.'.010 LC}WES COMPANIES INC. 4>.98 AP - 003Q(l,ta}7 g%I t<2r}10 LX)~l%F,S C:OMP~:NIES iNG. Rti: i3 AP-00300495 5;1112010 LOR'tSCOMi':1NfES1NC. 4399 AP-003(3049'7 R'Il/2010 LYNN,AR'I'HCiR 500.00 :A[' - 00300498 8/11/2010 MAC)1tID, MARIA 624.f35 AP-00300499 8/1112010 btAM5"PREFiCSIGNS 755.38 AP - 00300499 8Il 03010 MAIN ST"BEET SIGNS ~ 2, 159,,8 AP - 00300499 8/l l/20L(} MAIN S'['RF.,P:I' SIGNS 654.31 AP - 00300499 8/1 03010 MAIN STREE'1" SIGN5 ~ 143.25 AP-00900500 8!lI!20f0 MANNIN<iEL.EC:TRICIN(:; 4,401.!3 .AF' - 00300501 8;11/2410 MARIPOSA ffORTICLiL"['CII2AL EN"t INC 1,581.6} AP-0031)(3501 8.`11.%2410 MARIPOSA FiORTICUL"fURAL. F..N"f FNC 4,418At AP-0{)300502 Sill/^_010 MARKCRRiSTOPE[ERfdC 252.x7 AP - 003005(13 Ri11/2010 AtA"I'ER.IAL SALES LRJL,[hiCI'ED 8I L2ll AP-00300504 8/11/2(it0 MC(.'I:.IN"COCK,RONDALI^.JNg ',2.00 AP-003005(15 R/li/2010 MC'C(:)RM[CK,KIM 500.00 AP - 00300506 &'11/2010 M;CFADDEN DALE H.ARD4UARE 454.`68 AP - 00300707 S1l I/2010 M[DWES'F TAPE. 54.`%5 AP - 0030(}505 5/112010 MONTERO, LCIIS 220.00 AP - 00300504 8)I 12010 MOSS, APR€L SR.50 AP-003005 L0 811120E0 NAF.A 4'5.40 AP - 003005 [ I 8/1 1120 1 0 NAPA AITI'O PAR'I'S 13.1.3 AP - 0030051 L 8ii 112010 NAPA AUTO PAR-FS 6 37 AP - 003001(( $i 11/3010 NAPA AU'C'O PARTS 284.8fr ,4P - 00301)5 C2 8%I 1;2010 NEW P[G C;ORP 213.05 AP - 00300512 5!t (/2010 NE~4 F[G CORP 45.41 A,P - 0(730051.3 811.112010 NEX1'E1. 912.22 AP - 0030051 S 5/t V20IU M'I PROI)C`CT7ON SERVICES LNC 27,gOQ0(.6 AP-00300SL6 8?1t12010 NtiSS,7O1{N !.70.59 Ak' - (}03045 i7 3.!t !!2010 Oc;ASSE-PDC 30.04 AJ'-00300515 8/11/2040 Of'~FlCEDEPOT 70.55 AP -0030(1515 8/1 0201?} OFFICE', EJEP(:)"i' 59,60 AP-00300518 8/IIPI,OLO OFFICE DEPOT SR.U( AF' - 003005 E8 81142010 OFF[(E DEPO"[' 26.03 AP - 00300518 8/1 (/2010 OFFICE DEPOT (69.17 AP-00300518 81t1/2010 OFFICEf)EPOT -41.72 AP - 00300518 S/ t t /201 U OFFICE DEPOT 32 L69 AP - 00300518 8/11/2010 OFFICE D[:PO"I' 304.89 AP - 00300518 K`1 112010 O1'FICE DEPO'C 215.82 AP • 0030(15 (8 8il ll20 i 0 OFF[CE DEPOT 7.fi9 AP-00304518 8/1'1/20(0 OFFICE€3EPOT ~ 1.71 AP - 003005 t8 811.1/2010 OFF[CE L3L-POT 47.72 AP-00:+00518 S/F1/2010 OFICEL)EPO1' 204.9 AP - (103005 i R Sil 120 i 0 OFFICE; L)EPO"f 524.15 AP-00x005(8 8/11/2010 OPFIC:EDEPOT 172.06 AP - 00300518 871 (/2010 OFFSCE [3EP0"L 15.29 AP - 1)0300518 8/[ 12010 OFFICB DEPUT 2:!.66 Q~e?: ~'LOPEZ Vero nica Lo0~z Page: 6 CGar?enf Date: • O8 261201 Cteport:CK AGENIOA REG_FOR'['RAF T_RC-C'K:Agenda CheckRegisftirPoruaitLa,gout 'Circe: ~ 07,72 Cl'CY iDF RAN£;H4 CiJCAA'iCli'dGA P-26 AEecuta Cttect. ReRis4er 8/t 12010 through 8:2412010 CherkiY<t. 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T?ATRECIA 990.00 AP - 0030(1522 4!1 ll?010 ORONA, PATI2ICCA 6fr0:06 AP - 40300524 3/11/2410 PAL CRMFAIGN 82.00 AP-00300525 8/1(12070 PA'I`TONSALESCL)RP 266.56 AP - 04>60527 8; 17.2010 PE'I'F.S RC} AD SERVICE T1YC 534.70 AP-06300528 311(;2610 PE'CT'Y;RK;H,ARp 500.00 ;A,P-60300529 8/17/2010 PIONCBRMANCJF.ACTttP3NG i15.:?2 AP - 00390530 8rI 02610 P€RANHA POOL ~ SPA GONS9RUCTORS !NC 250.00 AP -00300530 8/17/2010 PIRAfvHA POOL d': SPA CONS"C'ttUCTO,R,S INC. 250.00 AP - 00300531 8!t Ll2Pl0 P[T'^!EY 130AG'Et 4b3.22 :OP-003005112 3i1(~2610 PIT;\~N;YI3OWE:?S 25;(100.00 AP- 0030053; 8il I24t4 PRL-PA7£7 LEGAL SERVFCSS INC 193.09 AP - 00300533 8111120)0 PRE..-PAI- LEGAL SERVICES ENC E 1:44 AP-00306534 811112010. C)Ut~N,SEANA,NDJENhIIF'ER 5(10.00 AP - 00300535 Slt (12010 R AND R AU`COMOTEVE 340.05 AP -06300535 8ii 7?2410 RAND R,AUTOMOTIVE 195.34 AP - 60300535 8 l 712010 R AND R Al.iTOMOT•IVB 62.62 AP-00300535 8111;201.0 R.ANDRAUTObiUT`[VE 40.75 AP - 00300535 3/(112(110 R AND R ACITONCOTNE 778.(,2 AP -00300535 8!t 12016 R AND R A:U"COMOTEVI3 T73.b2 AP - 00300535 8/112614 R ANIJ R AUCOMO"I'tVE 17S.b2 AE' -0030(}53S 8/11!?.O10 R AND R AC7TOMC5TIVg 178.62 AP-00306535 8/tE12614 R.ANDRAUTOItrtOT[VE 377.47 AP-0030(1535 8/ri2016 RAND ftAUTOb{O'T`IVP 97.50 AP - 60300535 3%1112GL0 R AN7D R AU'I'OMO (EVE 298.90 AP - 00300535 3,'I tr'2070 RAND R. AU-COMUT€VE 617.97 AP - 00306535 8r'1O20t0 R AND R AUTOMO-GIVE 7629 AP - 00300535 311 12010 R AND R AUTOMOTIVE 408.82 AP - 00300535 8/111'24(6 R AND R AIJT'OMOTNE 56.29 AP-00300535 8/t1%2010 RANDRAl7TC7~?OTIVL 881-17 AP - 60300$35 alt ? /207.0 R AND R AU'C'OMO"GIVE 56.29 AP-06306535 Gill%2410 RANDRt\I.ITCt(tEO'CIVti SLSG AP - (16306535 8/1 [12010 R 1aN~ R ALiT'OIv1OTIVE 3522 AP - 06300535 3/112010 R ANTI R AL'TOMOTIVH 8129 Clsc-r: VLCYPEZ -Veronica Lopez Page: Current Date: 63i2G~201 ReportrCK_AGENDA R.EG_POR2-RAC I_RC -C:K: Agenda Cheri: R aister Portrait L2;'oitt "Cime: 4?:17:2 CITY." fDl~ R~NCFi~ CUC~"~in]~T<<A P-27 As*enda Check Itemsaster 8/! ir'20I0 xhrough 8124x'2010 Check ~`~o. Check Bate Vendor Naane Amou~it AP - 00300535 &xl 1%2010 R AND R AUTOMOTCVE 42.00 AP - 04340535 S/11 /2010 R ANU R ACiTOMOTI VE 282.88 AP-0('1300537 8/IS/2010 RANDOtiiHOEJSL [NC 35.72 AP - fi0304537 S,~E 1!201.0 ILANDOM HOUSE ENC 6.53 AP - 0030053 % 8/(Ei20 t0 CLAM~OM E{GU5E INC 19.54 ,aP - 04.00538 S1E !;2010 RAULS AU"CO TRLR4 INC 334.33 AP - (!0300539 8.!i ll2{)10 RI3M LOCK AND KEY SFa;RV ICE 26-!x3 ,AP - 00300539 fill 1;20117 R[3(•-L LOCK. r1:ND KEY ShR~~ICI: 28--'8 AP - 00304539 8;1 E/'20! 4 RI31VI LC)CK AND KEY SI?f~VICE 1 fi.3 E AP-00300540 81€1i20E0 EtCPFp 9,13459 AP - 00:30054 t 8!1 I%7.0:0 RPD WING SHC>E S'F"ORF (98.73 AP - 0(1300541 Sil ii3010 R.L'sD WING SF[GLi; S'C'ORE 184.86 AP-0030654f Bit1/20((1 RF..DIVINGSHOESTORE '!89x8 AP-0(1300541 8;1 (/2014 R.C:D \V[NG SE{OI ST<)RE 225.{70 AP -00300541 b!€{%241(1 RED tVING SFIQF STORE; 184.86 AP - 04300542 8/€ k,'30E0 RF.D WENG{ SHOE STORE 200.00 ;1P - 00300542 8/11120 EG RfiL) RING SHUE S"E-OR.E 145.73 AP - (10300542 8.!I !12(714 RF.`,D WENG 6AOH STORl; 200J E A'I' - 0034042 8i 1 { /2010 RED WING SI-LOL-; S"COEtFi. 200. t E AP-00300542 8/{I/2010 RFD WENGS[?OESTOItE 21751 AP - 00300542 8/I E /2010 RED W {NG SIfOE S'CORI 182.70 AF - 00300542 8/!1/2010 RED WING SEIOE STORF, 138.(2 AP - 00300542 8i { Ii20 [0 RED WING SHOE SPORE 2 L 5.34 AP - 00300542 8x'111201.0 RED WING Sf{OE STf?RF, 147.90 AP -00300542 S!1 {/2010 t2ED WING SHOE. STORE; 2'10.93 AP - 00300542 8li 1/2010 RED WLNG SHOT STORE 182.70 AP - 00300542 S1t 02010 E26D W{NG SFIOE STORE 106.58 AP-4034(15x(2 8111%20E0 [?EDWINC,SCiO73S`FORE [55.52 AP - 00300142 Sli (/2010 REB WING SI{OE STORE 200.0(7 AP - (10304542 811 i/2(110 RL.D WING SF-EOE ST'ORE T42.50 AP -00.00542 8/S 1/3014 REE> RING SFEf}E S?'ORE 216•`12 AP - 0(1304542 Si E (20! 0 RED WFNG $HC7E 51'ORr ~ 218 ~0 AF' -00300542 S%E li""2010 RL3D WFNG SF~TC3E STORE 225.00 AP - 40300542 8x'11/2OIO R.EU W[NG SF[OE STOI2.E 1,76.18 AP - 003(iD>43 Bit U20EU RED WENG SF1OE 5'CC}RE3 221.82 AP-00340544 R/LEf2010 RO{3LE58R,E2ACJE..P 105.00 AP -00300544 ~'I 11^_0'f0 RCBLES S.R, EtAUL P 75.04 A:P - 00340544 K'11;20E0 RC)F3[..ES SR. RAUL, F' 75,00 AP - 04300544 Sill/20!0 ROBLES 3R, RAUI:, P 75.(}0 AP - 00311054$ 8/11124 LO RURIO, RONDA 475.00 AP -00300546 8/t E!20',!0 SAN [31;BNARBING GOUN1'Y SHL3RLF~E~'S DI'.PT t I,GI6.94 AP-00300547 8rii/20IG SANCHE7.,ALF3X 200.00 AP - 00300548 8PE L/2010 S.6PEA 729.17 AP-00340549 8/F{/?_014 SEGWAYCHLANGBCOUIVTY 928.66 AP-44300551 8/1Li20L0 ShLEsRIFFSCOUR'FSERVICES k50.00 AP - 00300553 8/ 1 t /2010 SHOETEREA 225.00 AP - {N134055> 8!1 f /2010 SHOETLiR,IA 105.73 AF?-00300553 8/11/2010 SHOETBRIA ESt.05 AP - 04340553 8/11/2010 SF{OE1'ERIr', !95.72 AP-0((300553 S/11/2010 5E{OE"CERIfi 215.30 AP - 00300553 8,~t 1;2010 SHOE'ITK[A 245.92 AP - 0434053 8/t (12010 SF{OETERLq 245.52 AP-00300553 8;`11.120E0 SFEOETEREA 270.4E AP-00300553 8!(1/24E0 9E{OETEREA 225.00 Llser: VLOPEZ- Vz~ro nica Lopez Page: 8 C.`urreut Bate: 08/2t!20E Report:CK_AGENDA_ REG_POR1"'RAC C_RC - CI,~: Age¢da Check Rea stet Pot"b'aii E.ayout TEme: 07x'7:2 c~~~•~° c~~ ~.--~>vcxo c,~c~~ic~?vc::~ P-2s ~aseada C @eck 12~ister 8't (,'2410 throueEi 3/24:_'4[4 Checlz No. Check Date Yeodor Name Amount AP-00300553 8rIll20[0 SHOGTERI'.A 220.7,0 AF-00300573 S/(1(2010 SP[OETBR[_A 200.D0 AF-0030(}553 8111/20[13 SIIC)ETERIA 20552 .4P - 00300153 fill (/2014 S[{CiETERLA 2 [ 5.30 AP-00300553 8%l.lYl(i10 SIIOE•LGR1A 215.30 AP - 00300553 8/I tr'2010 SHOETER[A 21530 AP-00300553 8/11/2010 SHOIs'CERIA 73.32 AF'-(103005'53 8!11/2010 SHOFs1ERIA 210.4F r;P-04304553 8ii[P201^. SF[C3[~TFI?In 225.00 AP-0030(7553 R'11;24l0 SH<)ECF..E2IA ISfi.48 AP-0030055.1 8l[li2{3l0 SH(}ETEttIA 21.13(1 AP-00300553 8/'ll/201(} S[tOETFRI9 200.00 AP - 00300553 8il [/2010 SHOE"['ER[A i 3 L59 AF-06300553 8ill12010 SHOE'l~:IilA 200.(7(.} AP-00300553 8,'L[%20[6 SHOE,TkSRL'~ 220.20 .4F-4030(iS93 F'II;20I0 SI{OETERIA 112.55 AP-00300553 8!11/2010 SEIC)ETERIA f&E.OS AE'-0030(7553 8(1!/2610 SFIC)ETER[A I7L26 AP - 00360553 811 f /2010 SF30ETERL4 210.4 [ AP-0(.}300553 S/i[i~'Ot0 SI-C©ETIiF..[A 185.94 AP-64300153 811'112014 6FIUE'CE:IL.4 210.41 AP-00306553 8/tfi?(,110 S1-tOE1"E€tlA 2!934 AP - 00304513 R/i [ /2016 SHOF,TERlr1 200.00 AP - 00304153 811 020[4 SNOETBItIA 221,00 AP-00300153 $%[1,'20[0 SEIQF,'["ERIN 22.00 AP-06300553 8/11/2410 SH(}ETE[tCA 215.30 "mil?-00300553 3/t [/2010 SHOETGIt[A [95.73 .^.F _ 44304553 8/11x2010 S1I4ETE.RIA 22 5.40 AP - 00360553 3%1(/2070 SHOE'CL^:RIA 205.52 F+P-0630(3153 81L1;2010 SF~IC)E"1'.E3R€A 21530 AP-003001'3 8/LV2410 SI{OE?'L31aA 21534 AP-46340553 $/Ll/'2014 SHOEsTER1A 265,52 AY-60360553 3/II/2010 SHOE:PERIA 210.41 AI' - 00300553 81'11/2414 tiH.OE'CERIA ~ 265.52 AP - 40360514 R/'1 1:2016 S[,R SPEEDY 4`4.59 AP - 06364.559 8/11120[0 SOiJTHERN CAL[FORNIA EDISC?iv' 32.45 AP - 01)30(15.59 3/l (/20'10 SflUTFIEKN CALIPC3RNL4 EDC>ON 68.0 AI'-04360559 Bftil2(NO SOLI"1'I-fERNCAI,FFC)RNL4 ED[Spb! 2416 :1P-0030{1559 Sri I/2.(}IO S{lU`I'F[I~RN CAt:1E=<.)RNIA EU€SO~ (184.52 AF - 00300559 8/11!2014 SC3t.ITHERN CAL.IE'ORNIA EllISON 22.79 AP - 40300599 8/102410 SCiU'FHEILN CALIPnRN1A ET3ISON ~ 22.86 AP-60304559 S`it/201(1 SOI.JTFtERNCALII:'<)R.N[A EDISON 22.34 AP - 00300559 81111207.0 SUULHERN CAL[FORN[A EDISON 22.06 AP - OG300559 8/1 102014 SOU'CHERN CALCFORNL4 EDISC)N 2?..57 AP - 06304559 8/I 1/2414 SC)OTIIERiV C:AL:IFORNIA EDISON 90.89 AP-00304559 8/!1(20!0 SQLIT}LBRN'CALIFO.RNIA EDIgC)N 21.34 AP - 00300559 8.!I 1/7.010 SC7UTHERN C.ACdFOILNIA EDISON ~ 106.12 AP - 00300/59 8%11/2414 SOUTTLERN CALIFORNIA EDISON 21.8'1 AE' • 00300559 811 112010 SOIJ`["[-IERiW CALIFORA~tA EDISON 56.25 AP - 04300559 Rli [%2014 SC7li"IIEETLN CALLF(7RNIA EDISON 88.37 AP - 00300559 Bit 1(2010 SOUTHERN G~L[Et>RNIA EDISON 8258 AP - 0430(}554 RlI f /2010 SOU"I`I{ERN CAL[FORN[A EDISON 39.12 AP - 44304559 8rl [;2~t0 SOCJ`CHERN CALIEQRNIA EIIiSON b.74 AP-00300559 8/111201(1 SC}t.tTl{EI{N GAL [FORT~rIA EDISON 49.72 [iser. VLC>PEZ Geronica Lepez Page: 9 Current Date: 48»51201 Report:CK _4fiENDA_ REG_FORTRAI T, RC: - CK: AgencEa CV1ec(. Register Partrcit L:ay'ant 'Circa: 47x7:2 ci~r~~ or~° RArrcHO cucAlvtC-NC:~ P-29 Af<enda C:Feect: Res=ister 8/I 1;201.0 Nvou,h 8/24.)2010 Chcck No. Ctceck Date Vendor Name Amount AP-00300599 3itV20i0 SOUTHERN CALIFORNIAEDISON 22.9i AP-00300559 R/lli'20l(1 SOUTHERNCAL[P'ORNIAGDISON 23.10 AP - 00300559 811 L20I0 SOUTHERN CAUFOIZNLI EDISUN 22~?~/ AP-00300559 S!ll/'LUiO SOU'PHERNCALTPORN[AEpIgO1V '-1.84 .4P-U030U559 ~ 8111,2010 SOtJTTIERNCAL,IFORN[AEDfSON 73.3] AP-00300599 S/11!20[0 SOCI'PHF.,RNCAL[PORNTAEDIgON '21.84 AP-00300559 8/1112010 SOUTHERN CALIFORNIAF..DISUN 104.39 AP - 00300559 8!1 02010 SOUTHERN CALIFORNIA EDISUN 86.56 :1P - 00300559 8/i 1!2010 SOUTHERN CALIFORNIA EDISUN ~ 33.83 AP - 00300559 8/1 (/2010 SOUTHERN CAC.IFORNL4 EDISUN 75.65 AP-00300559 811[(2010 SOU'i'HERNCALIFOR.NIAEp1SON 21.11 .4P - 00300559 4!1 V2UI0 SUUTHERN CA1..IFORNIA EDISUN 21.84 AP-00300559 8/tV2Ut0 SOIJ"I-HERNCA.L[FORNIAEDISON 56.21 AP -003005:9 8'1 U?O10 SOUTFERN CALIPURNL4 EDISUN 78.75 AP - 00300559 8i t 112010 SOUTFIF;RN CALIFORNIA EDISUN 21 3? .4P - Q0300559 R? 11!2010 SOU'T'F[ERN CALIFORNIA EDISOA' 21.1 I AP - 00300559 8. l 1!201(1 SOUTHERN C.4Lli=0RNIA EDISUN ?'- (?7 .4P-00300559 Sri!%2010 SOCJ'CIiERNCALIFORNIAEllISON 43.44 AP - 00300559 8!I L20I0 SOCTI'HBIZN C,4L[FORNIA EDISUN 46.71 AP -00300599 3/L 1/2010 SOUTHERN CAC,IFORNIA EUISON 2? 31 AP-00300559 8!11/2010 SOUTHERN CALIFORNIAEDISON 76.18 ,qP - 0030(1559 8%1. V2010 SOUTHERN CALIFORNIA EUISON 21.84 AP - 00300559 8.I 1%2010 SOUTHERN C:\L[FORNL4 EDISUN -'S ~2 ,4P - 00300559 8!1 t/2010 SOUFHERN CALIFORNlr1 ED15UN 21.$4 AP-00300999 8/I !/2010 SOUTHERN CALIFORNIA EDISUN '-1.84 :1P-(30300559 R!ll/2010 SOUTHERNCALIFORNLAEDISON 6255 AP - 00300559 8/I t/2010 SOUTHERN CALIFORNIA EDISUN 107.(8 AP - UU30fi559 8!l 1/20 tU SOUTHERN CALIFORNIA EDFSON 22.57 AP-00300559 8/11/2010 SOUT•HERNC'ALIFORN[AEDISON 120?3 AP - 00300559 Sr 102010 SOUTHERN CALFFORNIA GDISON 2 133 :4Y -003005>9 8/I t/2010 SOU'['HE1ZN C:LIFORNIA EDISUN 38.70 AP - 00300559 8/1!12010 SOUTHERN CALIFORNIA EDISUN 22.38 AP-00=00959 3r'llr'ZUIO SOLf{'HERNCALIP<)RNL4EDISO:d 22.57 AP - 00300559 8/t I!20I0 SOUTHERN CALIFORNFA EDISUN 73.90 ,4P - 00300559 8/l 1./2010 SOUTHERN CALIFORNIA EDfSON '-2.80 AP - 00300559 8.%i l!2UIU SOU'I-HERN CALIFORNIA EDI$ON 14.83 .4P-UU300959 8!I 1;2010 SOU"THERN CALIFORNFA [3DISON 67.89 AP - 00300599 8,'i ((2010 SOUTHERN CALIFORNIA EDTSON ! 16.27 :4P-00300559 3!1 112010 SOUTHERN G4LIPORN[A EDISUN 33.08 AP-00300599 8!11/2010 SUUTHGRNCAL[FORNIAED[SON 69.30 AP-00300959 8;1112010 SO(JTFtERNCALIFORNIAEDI5ON 23.62 AI' -00300559 8/11.!2010 SOU"f'HF..RN CALCFORN[A EDISUN 7,868.74 :1P-0030(1559 8/11%2010 SOIJTEiE[Zl~'CALIFOFZNFAED[SON 13949 AP - OU300~99 8/I i!2U f 0 SUUTt-iE[ZN CALCFOIZN[.4. ED15ON 103.08 AP - 00300599 8! i 1120 lU SUU'I'f-TERN CALIFORNIA EDISUN 90.52 AP - 00300559 Li!l 112010 SOCiTF1ERN CA[.[FORN[A ID(SON 15.29 AP - 00300599 3i I t/2010 SOUTHERN CAL[FC)RN1A F..U[SON 7324 AP - 00300559 8il 1/2010 SOUTHERN CALIFORNIA ED(SON 98.52 AP - 00300559 8(l 1/2010 SOUTHERN CiALIFORN[A EDISUN 22.57 AP-00300559 8/11/2010 SOLiTHERNC,ALIFOANIAEC.)ISON '2296 AP - 00300559 8!I ll2010 SOUTHERN CALIF'ORNGt EDISUN 21.84 AP - 00300559 8/11/2010 SOl JTFFERN CALIF'URNIA EDISUN 22.57 AP - 00300559 8/11/2010 SOLIT7IERN CAL.IFOR.NlA EDISUN 22.57 AP-00300559 8/11:2010 SCJL.ITFIERNCALIFORNCA.EDiSON 58.24 Uscr. ~LGPF.Z-Veronica Lopez Pac,~e: IO C:urrentDatec. 0&261201 12eport:CK_AGENDA_ REO_POR7RAI"C_RC - CT: Agenda Checl:. Register Portrait Layout Time: 07:17:2 Cl'!'Y' c7F Tt:INGHf3 CLiCAllt()NGA P-30 As*enda [:tyeck l2eLister 8!112010 through Ri'24/2010 ChecltNo. Check Date Vendor Name Amount ,'\P - 00300559 4%! 1;2010 SOUTHERN CALIFORNIA EDISON. 22.57 AP-00300559 R/1 S2010 SOUFHERN CALIFORNIA EDISUN 40.4(i AP-00300559 8/(12010 SOIJT'HERNCALIFORNIAEDISON 2LR4 AP -00300559 8;1 [;2010 SOU'F1dERN CALIFORNIA EU[SON 32x8 r1P - 003(1(1559 8i 102010 SOU'FFIERN CALIFORNIA EDISON 22.80 AP-00300559 5;1!1201(1 SOU'F[dER?ICALIFORNIAF,D[SON 137.R3 AP - 00300559 H%I I%2010 SOU`HERN CALIFORNTA EDISUN 22.0? AP - 00300559 ft 1112010 S<?UCHEItN CALIFORNIA EUISON 33.62 AP-00300559 °11V2U10 SOUT"HERNCAC,IFOKNIAEDISON 21.84 AP -00",00559 8il Ir201A SOL1THFiRN CAL[FORMA EDISUN 22.57 AP-0030(Y559 8!!020(0 SO[P['HERNCALIFORNIAF,DISON 6,88836 AP - 00300859 Si[ V2010 SOUTHERN CALIFORNIA ED[SON 6,447.49 AP - 00300559 8%l f/20 LO SOUTHERN CALIFORNIA ED[SON 3?5.08 ,4P-00300559 8iiV30fU SOUT'F[ERNC:ALIFORNIAEDISON 120.6( AP - 00300559 8. I I/2010 SOUTHERN CALCFORNIA EDISON 21.54 AP-00300559 Billi2010 SOUTHERNCALIFORN[AEDISON 10.02 AP - 00300559 8!I !,'2010 SOUTHERN C.AL[FORNtA EDISUN 21.84 AP-00300559 8.i11i20(0 SOUTCIERMCAL[FORNIAED[SON 39.;2 AP - 00300559 8%f 1!201(1 SOUTHERN CAL,[FORNf.4 EDISUN 49.09 AP - 00300559 3%1 112010 SOUTHERN CALIFORNTA EDISUN 30.04 AP-00300559 8;11;20!0 SOUTHF..RNCAL[FOAN7AF..DTSON 21,84 AF'-00300559 S%T 1/2RT0 SOU"FF{F,RN CALIFORMA EDISUN 22.06 AP - 00300559 8!112010 SOUCIiERN C'ALIFORNL4 EDISUN 10558 AP - {10300559 8%1 V2010 SOUTHERN CALIFORNIA1 EDISUN 191.61 AP - 00300559 8%112010 SOUTHERN C.4LIFORN[A L'D1SON 101..33 AP - 00300159 8i'l. 02010 SOU"CHERN CALIFORNIA ED[SON 38.99 AP - 00300559 8il U201D SOU"1'HERN C.ALIF'ORNL4 GDISON 10124 .4P - 00300559 uil (2010 SOUTHERN C.4LIFORNl::1 EDISUN 14.05 AP - 00300^.59 8i'l V20I0 SOUTHEKN C.4LCFORDTI.4EDISON 64.24 AP - 00300559 8/112010 SOLTf-IL+ILN CALIFORNIA EDISUN 23.6V AP -00300559 8;11!2010 SOLITHEKN CALIFORNL4 L-.U[SON 2330 AP -00300559 8%LI%2010 SOUTHERN CALIFORNIA EDISUN 63.08 AP - 00300559 Sit 02010 SOUTHERN CALIFORNIA EDISUN 3ft.32 ~P - 00300559 8/ t 12010 SOU"I'H€RN CALIFORNIA EDISUN Z I ~-",2 AP - 00300559 8/1 112010 SOUTHERN CALIFORNIA EDtSON 29.4-1 AP - 00300559 8.!112010 SOUTHERN C.4LiFOR,NIA EDISON 22.05 AP - 00300559 81l 11201 U SOUTHERN CALIFORNIA EDISUN 21.32 AP-00300559 8rL1/2010 SOUTF[ERNCALIFORN[AED(SON 24.57 AP - 00300559 8.%] l2(T10 SOUTHERN CAL:LFORN[A EDISUN 136.74 AP - 00300559 R%l1%2010 SOUTHERN CALIFORNIA EDISON 22.05 .4P - 00300559 8i 1 1120!0 SOUTHERN G.4I_IFORN'lA EDISUN 22.0.1 AP - 00300559 8/112010 SOUTHERN CriLIFORNTA EDISUN 35.96 .4P-00300559 8%i1r2010 SOUTHER.NCALIEORNIAED[SON 43 k4 AP-003005?9 8.!1/2010 SOUTHERNCAL[FORNL4EDISON 24.'5 .4P - 00300559 8.!i 112010 SOUTHERN CALIFORNIA ED[SON 23.30 AP - 00300559 S/I 12010 SOUTHF..RN CALIFORNIA EDISUN 644.65 .4P-00300559 8/112010 SOL'THERNCALIFORNIAEDISON 2330 AP - 00300559 S/l 1/2010 SOUTHERN CALIFORNIA EDISON 29.30 AP-00300559. 8/112030 SOUTEIGRNCAL.IFOKNLAED[SON 6(19 AP-00300559 R/!112010 SOUTHEKNCALIFORNI4EDISON 158.64 AP-00300559 8rI1/2010 SOUTfIGRNCALIFORN[AEDISON 24.76 AP - 003005>9 8!I V20I0 SOUTHERN C.AL[FORN[A EDISON 10 ~t88.85 .4P - 00300559 811 U2010 SOUTHERN CALTFORNl.4 ED[SON 26.8$ AP-00300559 S!t12010 SOL)THERNC.AUFORNL4EDISON 2L1( User: VLOPGZ -Veron ica Lenez Page: 11. Current Date: OR/26'_'01 Report:CK_AQENDA_R EG_PORTRAIT_RC - CK: Aoenda Check Register Portrsit Layout Timr. 07a7:2 C'I'CY t3F [L4NC!!I0 CI1C.iM14~NGA P-31 A~endu Cheek 12etister 8iF1,'2010 through R124;2010 Chcclt No. Check Date Veccclnr Nacre AmomcT AP -00300334 8lll/201.0 SOUTHERN CAC,IFURNCA EDLSON 21.84 AY - 00300559 8i 11 /2010 SOFJTI{EKN CAL[FORNIA EDISON 22• € ~ AP-Q0300339 8/11/2010 SOUT[iLRNCAC.IFORNLAED(SON 39.04 AP - 00300560 8/l 1/2010 S"I'ERICYCLE INC 399.63 AP-003005(,1 8iI[/201.0 ST`E3VES'COVdINGAND"FRANSPQR'F 40.00 AP-00300562 8/lt!201U S'FOE?A,.FOSEPLi 12.OG AP - 0O:i005f3 8r I E/2(11.0 ST'C3KKF.., T'<7R4 SUAO AP-00300564 3;1I!2010 SWAN'KMO'FCt)NYCCTURE5INC? 8210 .~:P - 00300566 8%11/2010 TANNER RBCOCrNlTFON COMPANY, O C 83.44 AP - 003U(J56fi 8!i I;~Ut0 'F<}MARK. SPOK"('S 1NC 646.32 AE' - 60300569 8/LL"2010 CJ1eDERGR~OCJND SVC; ALERT OF SO CAL ~ 372.00 .4P-003(70570 8lY(i2O10 LINFFIRSTLiNIFORMSERVICT3 67656 AP-00300370 8/11!20[(,) CJNIC'IRS'FUNIFORMSI3RVICE 23.50 AP - 00300570 Rii t/2010 CtN[FCRS"F UN[EORM SIiRVICg 1,31.8.72 AP-00300570 8/71/20 L0 UCIIFIRS'FER~11Fi3RMSERVICFi 23.50 AP-003005";0 8/1 112011) U?9IFIRSI' UNIFORM SERVICE 40.(10 AP -00300570 8/i I/2010 UNIFIRST' UNIFORM SERVICE 115 ~)0 AP-00300570 Sit1s20t0 CiNTFCRSTCJNIFORMSER.VHB ;1590 AP - 00300571 8%I 112010 UNIT'E77 PACIFIC SERV[CES INC 39,3t2.U0 AP -(1030057[ 8itU201U UNCTEU PACIFIC SERVICES INC 10,000.00 AP-00500..<.72 8111/2010 UNI'FEDTRAFc~[C 29ZL0 AP-003005'73 811.1/20(0 UNIT'cDWAY 264.G7 AP-00300573 8iil/20IU UNITED W9y 'LL00 AP - 0030037~1~ 8!1 [!2010 UPS 26.12 AP-OOSOU573 8111120(() UTILIQUESP 1,371.li AP - 00300575 8il U2U10 LcT[F..EQUES'F 1,260,35 A:P-00300396 B;IIiZUIO VAL,ENT€,BBCKY SUU.00 AP-00300583 8i11!30LO VERIZONW[ItL^,LESS-LA ~ b8.76 AP-003003$3 8i'1Ii20tU VC;RIZON tL'IRI~LE:'SS-LA 39.30 AP - 00300583 8!1 1(2010 V!~-~'R[ZON IXJIRfiLYSS - LA. 48.22 AP - 00300583 8il 1r2U1U V1~R[ZOtY 1~'IRFLESS - L.A 3430 AP - 00300583 8/11/2010 V,ERILON WIRELESS - LA 52('7 AP-00300583 8/11/2010 VF-.Ri"I.ON W[RC?:LESS-LA 39.30 A P - 09300583 8/t 1%2010 VERIION w'IR>/LESS - LA 79.94 AY - 0030058: 81'1(!2010 V?R17_,ON WIRELESS - LA 38' 1 AP - 00300583 8;1 112010 V ERI7.ON W(REL,ESS - LA 36.3 ~ AP - 00300383 8i'l 02010 VERIZON WIRE-;LESS - C,A 4230 AP -00300583 8/11/2010 V-ER[`/_ON WIRIiLESg _ Lp 43.30 AP - 00300583 8/t V2010 VP.RCZON W [REL65S - L,A 47.?.9 AP - 09300583 811 I;2U 1U VFR[LON ~uCR.ELESS - C,A 45.29 AY-OO"s0(J583 3111;2010 Vt3RCZC3N W'tIdELSSS-L,A 80.59 AP -003(}0383 8/1 t/2010 VERIION WIRELESS - C.A 79.90 AP • 00300583 8/(V2010 VER1Zi)N WIRCLESS - LA 47.24 AP - 00309583 8/11!21)10 V6F:IL.ON W1RI3LGSS - LA •1324 AP - 00300583 8! t 1/2010 VSRILC3N W1RF,LESS - L,,1 41.30 rAP - 00309383 8/I f%21}10 VBRIZCrN WIRELESS - LA. 39-3G AP - 00300383 8,"11/2010 VERILC)N W'[RGLESS - LA 37.21 AP-00300583 8I11i20iU VtRCZONW1CiELGSS-LA 3`)•30 AP - {)0300583 8/ll/201.0 VER6ZON WIRELESS - LA 41.3! AP - 0030058; 8/1 112010 VER[ZON WIRELESS - LA 39.30 AP - 00300383 8/i 1!2010 VliRiLON WIRELESS - L.4 395-` AP - 00300583 8/t'€12016 VERCLON WIREL.F,SS - LA 33.0.'x. AP - 00300583 3.'I t;-010 VGRIZON WI'I2BLES5 - LA 36.41 1P - 00390583 8/I lr'2010 VE:REZONWIRELESS - La 33.2 Uscr: VL,OPEZ Vcror ica Lupez Page: 12 CurrectE I)nte: U8Q6/201 Repart:Ck_ACGNI)A_K L--.ti, FORTRA['F '_RC - CK: Agendas Ct!eclC Register PortraitLayattt Time: 09:172 C'F'S'Y OF R.A~?CII® CIICAn'E(l?VCYA P-32 ALC[t{].:1 Check Re;xdstet' x)I vzo!4 fhraagh 8!z4rola Ci1CCIi. Na. C:tteClC ITBfe. V!'R(Iar ~Hitle AUtOE2f?f AP-00300583 8!1112010 VF,RiZ.ONW[RF[..BSS-L.A. FiI_t5 AP-00340183 BtlIi2010 VBRIZON WIRELESS-LA 3553 AP - 00300583 8! L 112010 VEiRT20N WCRELBS9 - LA 413'( AP-04300583 8/tl!20U) VERIZONWIR:F:L.BSS-LA 3~.~3 AP - 40300583 8/! h2<t1.0 VCKIZON W(R6'LB95 - LA 41.31 AP - 40304583 8,' l li'2(JIO :"•:RIZON t?~IREL,BSS - L,A 3553 AP-0(1300583 8!lt/20(0 VL:RI20N WCRt.LBSS-LA 38.65 AP-00304:183 8;11/'?Ol0 VERU_ONWIRBI..ESS-I..A 38•(4 AP - 0()304583 8i t it"2014 VERIZCtiN WIRF.LE55 - L.q 35.53 AP - 44300583 $i t !;2410 VERJZC7N WIRBLBSS - LA b1.I"-. AP-00341}SS3 Kr11/201D VBRIZON W[RELESS-L.A !94'~ AP - 00304583 8%t l,'20t4 VERI7.ON WCRELf;SS - L,A 36.3 t AP-00300:;83 h'1Cr20!0 VL;RI7..,ONWIRBLESS-L.4 45,01 AP-00300583 8/IL20I0 VBR[L,C)NWIRIsLBSS-L.q 45.41. "nP - 40300583 8/t IJ20 LO VBRI-L(7N WIRBL@,SS - LA 0, f 6 AP - 00300583 8/I L/2010 VERTZ(Pub W [RBLBSS - LA 0.l6 AP-40300583 R/1112010 VEF'~`LON WIRELESS-LA LL7 AP - 40300583 8/C V2O1.0 VERI7_,ON WCRP.LESS - LA ~ 4.16 AP-00304583 8!11124!0 VERIZC)NWIRBLBSS-iA 45A1 ;1P - 04304583 31'1 k/207.0 VERIZON W[ItEE.BSS - LA 45.41 AP-00300583 8/I'(/20!(1 VERIZpN W[EZELBSS-LA 36.31 AP - (14300983 8/ 1 t/24 LO VER!ZON W [RECESS - L,A. 45.1)1 AP-00344583 8/[1;2410 V6RIlON WIRr^,[,BSS-LA 37.62 AP - 00300583 8.!1 112010 VER.17_ON 1k'TRELP-SS - L,A 39.22 AP - 00940583 8/1(/2410 VBR[ZC7N WIRBLBSS - LA `Iy.? I AP - (!0340983 3/L 1001.0 VF~RIZON WIRELESS - LA 37.t2 AP - 40364583 8J1 (;"2010 VERIZ~)N tY1RELBSC - L.A 45.01 AP -(1434(1583 Ki'1 I/201.4 VBIi_CZON U'IRE1:.FSS - Lr1 35.69 AI'-00300983 5/1112010 VFRUON WFRELESS-I:.A 50.65 AP-00300583 &~LU201(l VBRIZON WIREL-BSS-LA ~ 97.62 AP-00340583 8il(i":?OIO VP3R,t7.~NVr'IRI3LBSS-!-.A 37.64 ;1P - 00300183 R. I I%2010 VEKI7.t3N CF~'LRF,LF>SS - LA Sy 92 Af'-00300983 8/11/20t0 VERdL~N WffZBLBSS-LA 35.67 AP-4030058; 8!11/20!0 VEILZON WIRELESS-L,9 41.30 AP-04304553 Sil 112010 VEKIZC)N WIAEL%SS-L,A 36.31 AP - 44300583 4!1.1/2010 VER[Z_C)N WIRE,LBSS - LA 3(.31 AP-(14304583 8!11/2010 VBRICON WIRELESS-L,A -4.01 AP-00340583 K/11.:`2(}(0 VBIZtZON WIRBLBSS-LA -0.04 AP - 00300583 8;`I 1'2(110 VBRCZ-<iN WIRBLBSS - LA -I ~~' AP - 00300583 5!112010 VERIZ~C)N WIRELESS - LA 363 t .4P - 00340583 8/L 1!3010 VF;RIZ.ON WIRBLBSS - LA 40.25 AP - 003005K3 8!I 112010 VGRIZON WiRBL,ESS - LA 11)36 AP - 0030(1983 8! l 1!3010 VER.IZON ~81RBLB.SS - LA 365 l AP - 00300583 8/t 112010 VERIZf3N WIR.ELBSS - LA 36.31 AP - 44300583 8/I 1;20'10 VIRIZON W iRELESS - LA 38.05 AP - 00340583 81! 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AP - 00340183 8/11120!4 VLC2[ZC)N l~'LRBLESS - LA 50_'•4 User: ~LOPEZ -Veronica Lopez Page: 13 Current Date: ~- ORr26i301 Reparf:CK_AC;F.NQA_RECi_PORI"RAI T_RC - CIti: Agenda Check ReListar Portrait L,ayant Time: 07:172 C'I'C1' OF RANCHO CUt:AMOIVGA P-33 Aueflda Check Re~isker 8/i !/2010 through 5;24/2010 Check No. Check [)ate Vendor Nmne Amount AP-00300583 Slt[12(IlU VERI7.ON WIRELESS-LA 36.$7 AP - 00300583 8/l f/2010 VERCI.ON WIRELESS - LA (60.49 AP - 60300583 3/I1/2010 VERCZON WIRELESS - L.4 39.58 AP - 00300583 Si't (!2010 VERIZON WIRF..L.ESS - LA 3 L69 AP - 0(1300583 Sll ](2010 VEKIZON WIRELESS - LA ~ 19.02 AP-00300533 Si1V2670 VERIZUN WIRELESS-LA O.QO AP-00300583 8.%tl/2010 VERI7_ON WLRELESS-T.,A 20.1' AP - 00300583 3/! I!20I0 VEKIZOIJ WIRELESS - LA 0.00 AP - 00300183 8/!.(12010 \%BR17..ON \A'(RELESS - LA 36.31 AP - 003(10183 8111,/2010 VERILON \VRELESS - L.A 31,5 3 AP - 00300183 8ll 02010 VERI"EON W [R.El.ESS - LA 38.30 AP - 00300533 8;1 I/30 (U YERIZON W !RECESS - LA 39.Q4 AP-00300583 8/11.;20!0 VER7ZONWIRF,I,F:SS-LA 35.53 AP - 00300583 S/(U2(1tU VERIZUN 4VlRELESS - LA 35.53 AP - G03U0583 S/I !/2010 VE.RIZON WIRELESS - LA 9333 .4P -00300183 8/t (1'_010 VERIZUN WIRELESS - LA 4152 AP - 00300583 R.'! l/2010 VERIZUN W'1RELESS - LA 34.98 AP - 00300583 8'11/2(tI0 VERIZUN' WIRELESS - LA 44.33 AP - 00300553 S1t (!2010 VERIZON WIRELESS - LA 4 Lt t AP - 00300583 3/i l/2G70 VERILON W LRELESS - L.A 66.28 AP - 00300/83 S!l I/2010 VERI7,ON WIRELESS - LA 39.30 .4P - 003UU583 8; i t!2010 VF.R.1"LUN WLRELESS - LA 36.53 AP-00300583 S;iIr2070 b'ERIZON WIRELESS-LA 3352 AP - b0300183 8/1 1;2(110 VERIZUN WIRELESS - LA 57.48 AP - 00300583 S/1112010 VERiZON' WIRELESS - LA 45.56 AP - 0030{1583 8/i V20I0 VERIZUN W%[RBLGSS - LA 34.05 AP - 00300583 8/l 02070 VER[ZC.)N WIRELESS - LA 42.30 AP - 00300883 5;1.1/2010 VERiZON W (RECESS - LA 42.30 AP - 00300183 Sil 112010 VERIZUN WIRELESS - CA 4'.30 AP - 00300583 8/! 1;2010 VERIZUN WIRELESS - LA 42.30 AP - 00300533 8!1112010 VERf"LUN WIRELESS - LA 39.80 AF - 00300583 8/1 V20 t0 VER[ZON W'[RELGSS - L.A 39.55 AP - 00300583 8/i V2010 VERI7_ON WIRELESS - LA 47.36 AP - 00300583 3!I 1120 I O VER17_ON WIRELESS - LA 39.30 AP - 00300/83 S/l (/2010 VERIZON WIRELESS - LA 3930 AP-1)0300883 8/[7'2010 VGRI'LON WIRELESS-LA 3 .30 AP - 00300183 8,'l l/2010 VERIZUN W'IREL.ESS - LA 38.(13 AP-00300583 R!ll%2010 VERILON14~fRELESS-L.4 >-5.96 AP - 00300583 Sit 1!2010 VEf2JZON W[REL.ESS - L.A 19!.44 r1P-60306583 8/11120 LO VERIZONW[RELESS-LA 45A1 AP-00300583 8/il/2010 VERI7,ONWIRP,LESS-T.A 36.57 AP - 00300553 8/11!2010 VERIZUN V/IRELF..SS - LA 0.00 AP - 00300583 &`l. 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Check Date Vendor Name Aenuunt AP - 00300605 81(2/2010 COMP U ZONE 4382E AP - 00 300605 8/l2/20I U COMP U ZONE 170.00 :1P - 00300605 8/12/20(0 COMP U ZONE 78.30 .AP - 00300605 8/!2/2010 COMP U ZONE 85.00 AP - 0030060(1 8i 12(2010 KONICA MINOLTA BUSINESS SOLUTIONS iISA 5.974.18 AP - 00300606 S/1213010 KONICA MINOLTA BCISINESS SOLUT1ON5 USA 5,974. [9 AP-00300607 8.~12r2010 REPU6LICITS 5,103.47 .4P - 00300607 S/12/20I0 REPUBLIC [TS 1,750.00 AP-00300007 8/12/2010 REPUBLIrrt~S ~ 2,870.31 .4P - 00300607 R;12/2010 REPEBLIC i'I'S 975.16 AP - 003006(17 8,'1272010 REPUBLIC I"CS 5,381.80 .4P - 0030()607 3/1212010 REPUBLIC ITS 8,751.65 AP - 00300607 8/12/2010 E2EPUBL.IC [TS 84896 AP - U030061 l 3/12/2010 CUCAMONGA. VALLEY WATER DISTRICT 497.56 AP-0(')300611 8/l2/2010 CUCAMONGA VALLEY WATE.RDISTRI<."C 262.43 .4P -00300611 R/1?l2010 CCfCAMONC,A VALLEY WATER DIS'I'RK;1' 3 t4.7> AP-003(!061! 8(12/2010 CUCAOdONGAVAI.LF.I'W.~-1TERDISTRTCI' 3293E AF-00300(1!1 8;12/?010 CUCAMONGAVALE..EYWA't'ERDIS'CR[CT 27L7U AP-00300611 8/12/2010 C'UCAMONGA VALLEY WA'CERDISTP.KIC 180.74 AP - (103006 t t 8/12/2(110 CCJCA,MONG.4 VALL.,EY LVA1'ER DISTRIC'T' t 24.25 AP - 00300611 S/l2/2010 CUC:A~fONGA VAt.LEY \VATER. D[STR1C'C 13131 AP - 003006 (l 8/12/2010 CU(:AMONGA VALLEY WATER DISTRICT 109.{i4 AP-00300611 R/l2/ZOfO CUCAMONGAVALLEYWATERD(STRICT 242.79 AP-00300611 8(I"_12(110 CUCAMONGA Vr\LLEY WATERDIS'CRICT !06.46 AP-00300611 8/12/30fU CUCAMONGAVALLEI'tVATERU[STRIC°C }64.62 AP - 00300E t 1 8%1 Z/2010 CUC.AMONGA VALLEY WATF..R DISTRICT 227.51 AP - 0030061 i 5/12!20!0 COCAMONGA VALLEY' 14.4TE,R Di:STRICl' 197.'_7 AP-UO?00611 8/12/2010 CUCAMONGA VALLEY WATERDtSTR[C"C 91520 .4P - 0030061 I 3/1212 0 1 0 CCJC.4MONGA VALLEY WATF_R DESTRIC'I' 486.'_3 .4P-00300(11 R(f2i2010 CUC:1M14ONG.4VALLEYWAT'ERDIS'CRICT 1,133.21. AP-003006(1 3/12;2010 CUC.4MONGAV.4LLEYLI'ATERDIS'CRICT L165.EU AP - 0030061 I 8/12%2010 CUCAb4ONG.4 VALE.EY tV.ATER D[ST'RICT 216.94 AP - 00300611. Si !2,'2010 CUC.4MONGA VALLEY \L'ATER D[STRIC'I' 62.74 AP - 00300611 8/12/2010 CUCAA'fON<iA VALLEY WATER. D{STRT.CT 600.30 .4P - 0030061 L S/I2.%2010 CUCA141ONGA VALLEI' W':4TER DISTRICT 33 LRO AP-00300611 S/12/2010 CtJCAMONGAVAL,LEyWATERDISTRICT 401.71 .4P - 0030061 i 8!12/2010 CUCAM14ONGA VALLEY WA"CER D(S'E'R1CT X,396 AP - 00300611 8/12/20 LO CIJC,AMONGA VALLEY tUATER. 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DISTRICT 50;3'1 AI'-003110611 R.!12.%%20[0 CliCAMONGAVALLEYt4'A'I'ERDISTRICT' :18.16 AP - 003006[ 1 8r12,!201.0 ' CIJCAMOIVGA VALLEY WATER U€S"IRK`! 423.86 AP - 00300(1! ! 8; [2!2016 CCICAMONGA VAL,L.EY WATER DISTRICT 232.24 AY - 003606 t 1 8/ [ 2/2610 CUCAMONGA V A LLEY WATER DISTRICT' 44.66 AP-663!!661! 3/t2r'ZOlO CIJCAMONGAVAL'F.,EYWATERDIS'fRt'C"C (2836 r1C'' - 0030061 i 8!12Y2610 CEICAMON<iA VALLEY WATER DIS"fRICT 357.>2 AP - 0630061 i 8 ?2%2010 Ci.iCAMONGA VALLF.,Y iVATER DISTRICT' 1Ei0.43 AP - 6036t)fit? 8/12!2610 CTJCAM'C1NGA VALLEY WA'CEIT DI5'fRIC`[' 167.15 AP - 003606 (I 8/12/2010 CUCAMONGA VALLEY WA"CER I)[S'? R.ICT 155.77 AP-06306G11 8/[2/2010 CUCAMONGAVAL.LEYWA'I`FiRDIS'I'RICT 142.y9 AP - 0630041 t S;1 ;20?U CUCAMONGA V'Ai,LEY WP-T'13,Ri)ISTRIC'f 156 ?9 AF' - 6(130661 ? 8!'t</20 LO CCJC;'AMONGA V ALi,.EY W;4'i•EK BISTRICT I45.Z I AP -0030061 I 8112,2610 CUCAMONCrA VALLEY 6UA'CF:R DISTRICT 235.37 AP-00.30061? 8/!2!2610 CUCAMONGAI•'ALLEY-WATEKDIS'fRICT' 115.76 AP - 0036061 I 8/12/2016 CUCAMON<iA VALLEY WATER DIS'C'RICT 99 L89 AP-003066[1 8/t2/^^<010 CUCANCONGAVALLEYWr1TERUISTRIOT 787.39 AI'- 0(1;0{1611 8/13/2010 Cl[iCAMONGA VALLF,Y WATER DIS'['R[C'f 85892 AP - 00306611 R/1212010 CUCAMONGA VALLEY WATER D[STRIC"f 800.93 AP-00300611 8/la!20?0 CF[CAMONfRVAL,LEYWATERUI5TRICT 751.62 AP-66300611 8/12120?0 CE1CA[v[ONUAVALLEYWATERDiSTRIC;'C 4t 1.39 AP - 0030(161 l R%12/3010 CUCAMONGA VALLEY 1VATER. DISTRICT 1'32.69 AP-00300611 8/1212(}(0 CUCAMON{iA VALLEV` WATER DISTRICT 50733 AP-063066[1 8/[2/2(11.0 !!ICAMt)NfiAVAE:LEYWA`CE-RD[STRICf 314.75 AP-003006"tl 8/12/2010 CUC;AMONGAVALLEYWATERD[S'fRICT 307.94 AP - 00360E l E A!12!2010 CUCAMONGA VALLEY WATER DISTRICT 25939 AP - 0030661 t 8/12/2010 CUCAR~FONGA VALLEY WATER DISTRICT 393. LR i.(ser.VLOPE7 VLronicaLopez Pager t9 C:uneutl)ate: 08'26%201 Report:Cf4_AGENDA_ REG_PORTRAI'[ '_RC - CK: AB;euda Check Register Portrait Layout Time: 07;17:2 CI'CY 4)£` RANCH(? CUCA~'V4ONC;A P-39 A~ettda C[teck i2eEister RII t/2010 through 8/24/2010 Check No. C}eeck Date Vendor Name Am<,unt AP - 003006 i2 3x'1212010 HOLLdDAY ROCK CU INC 241.(14 AP - 00360612 S/l2/20I0 HOLLIDAY ROCK CO 1NC 39 L2U AP - 00306612 8/!2/2010 HOLLIDAI' ROCK CO [NC 10.{)(} AP-Of13U06(2 8/t2/2010 HOLLIDAI'ROCKCUINC 7t9.I4 AI'-003006/2 8!t2%2(1(0 H<}LL[D.4YROCKC.U1?VC 'O.UO AP-00300612 8/12;2(716 H(iLLIDAY ROCK CU FN'C 15154 !tP-00300(112 $112;20/0 HOLL.II3.4YROCKCC3[NC 448'!7 AP - 00300612 8!12/2010 HOI,LIDAY KOCK CO LNC SS 1.90 AP - 003006E2 S/12/2010 HOLLII7.4Y ROCK CO [NC 55$.83 .4P-00300612 R/13120!0 4{OLLIDAYROCKCOINC 60.56 AP -00300612 8/I2/ZU10 HULLIDAY RCK1ti CU INC i?8.79 AP -00300612 8/'(2;`2010 HOLL,IDAY RUCK CO I'NC 50,00 AP - 00300612 8!1.2/20 t0 HOLLII~.4Y ROCK CO INC 446.59 ,4P - 003006 t2 3i'l2'?010 FIOLLCDAY RCX;K CO INC 425.55 AP - 00300612 8i 12/20 I 0 F IOF..L[DAY ROCK CO INC 60.86 AF -00300612 8/12/20'10 HOLL,IDAY ROCK CO [NC 63.23 AP - 00300613 8//212010 HYDI20SCAPE PELODCIC-fS INC 6? ! 5 ,4P-00300614 3,'/2/'_010 HYDROSCAPEPRODUC'T'SINC" 300.89 AP -00300614 8112120 (0 1-TYDRUSCAPE PRODUC-f5 [NC 39.15 AP-00300615 8i1.2~'2070 REPUBLLCITS ~ I,d40A5 .AP-00300611 8!1212.016 REPUBLIC [TS 500.00 AP-00300615 $112;20(0 REPUBL[CITg 2,932.40 AP - 003006 l i 8//2/20/0 REPUBLCC ITS 805.62 AP-00300616 8/12/2010 SL1NR[SEFORD 1.85 AP-003006!6 8/12;'20[0 SUNRISE FORD 39L29 AP-00300517 $;122010 TFLUGREENLANDCARB 100.75 AP-003006 L7 8/12/2010 TRUGREENLANDCAftE 5,629:_'4 AP - 00300617 3;"! 2/2010 TRUGREEN LANDCARg 8,05199 AP-00300617 $.!(212010 TRUGREEN LANDCARE 3,496:_'5 AP-00300617 8.!12/2610 TRtJGREENL.ANDCARE 2;(114.?5 AP-003(t06t7 8;1212010 TRUGREEN LANDCARE 1,347.67 AP-0030061? 81?2(It0 TRIIGFtEENI..AN'DCARE 4R2.L~9 AP - 00300617 8%12/20;(1 TRUGREEN LANDCARE 2.15.33 AP - 00300617 8112/20/0 TRUGREEN LANDCARE 95.44 AP - 00300618 8.%18.!2010 AFLAC 6;00!,.03 AP-0030061.9 F;'IS/2010 ANSWERbI'OODPRODUC'1S 52.20 AP-003006(9 8/1813010 ANSWER WOODPRODC!CTS 112.40 AP - 00300620 8/1820/ O ANTECH D[AGNUSI'!CS 912.36 AP - 00300621 8i"i 8x2010 BIONIECHANICAL RESEARCH AND TES'CI:NG LL 3,900.00 AP - 00300522 8.'! 5!20 t{1 BUGLER. SCHEIN ANIMAL HEr1LTEi SUPPLY 72 L29 AP - 00300623 8;18!3010 CABLE INC. 375.00 AP - 00300624 5/182010 CHAFFEY IOINT CiN10N E{10TH. SCFIUOL D[ST 2 3,922.00 ,4P - 00300625 3.%1$2010 CUNTRF,RAS, L[SA 400.00 AP - 00300626 £;,!(8/2010 EASTER, PAMELA 42534 AP-00300626 8/182010 EAS"fER,PAMELA 130.8$ AP -00300627 K'IS/2010 ELLISON-SCHNEtDER & HARRIS L.L.P. 5,0li.G0 .4P - 06300528 8!1.82010 FELIC1.4Nq .4N"CEiUNI' 260.06 AP-003UOfi29 S(l3/2010 GEOGRAPH[CS 3;406.05 AP-(10300630 8;182010 HARDY£~HARPERINC 37,615.00 AP -00300530 8,'18/2010 HARDY & HARPER fNC 153,S92.Qq AP -00300630 5118120[0 F[ARDY' ~ [iARPER INC -22.120.'0 AP -00300631 S1I 8.20 t {i HOGAN, tUL[A 24.50 AP - 00300632 8;18;2010 L S A ASSUCIrYCES 1NC 1,112.05 AP -00300635 8/i 3:'2010 ~40UNTA[N VIEW SMALL ENG REPAIR 1,250.4! C!ser: VLUPEZ - Vey onica Lopez Pair. 20 Current Dxte: US/251201 Report:CK_AGF..NDA_ RLG_PORTRA( T_RC - CK: Agenda Check Register Port-ait Layout, Time: 07:17:2 c~T~t~ cap izA*rcxc) CLTcaMC~~~c, A P-ao ARenda Checlz Re~is6er 8/I 112010 through R;24/24i0 Check No. Check Nate Vendor Hama Amouott AP-00300636 RlLBi?.{)lA OCCCJPAT[ONALHEALTHf,FiNTERSOFCALIFO ti 8.62 AP -4030063 i fi%%13'2016 F'ACIEIC TELEMANA('iER{ENT SERVII'F.,S (9,346.65 AY-00300638 8/18/2010 PAILS :3,50(1.04 AY - 003(IOb39 R/18/20I0 RANCHO REGIONAL VETERINARY HOSPITAL L 25.44 AP - 00300639 8%F 8,'20; 0 RANCHO REGIONAL VEFER[NARY HC)St'ITAL I: 25.00 AP -003170(99 R/1312010 RANCHO REGIONAL VETERINARY HOSPITAL 1: 2i.Q0 AP - 40300639 8i LR/2fl10 RANCFIO REGIONAL 4"F; iEf2INARY HOSPITAL I ~G 04 AF - 043G(J639 R/18/3010 RANCF[O RE('i[O'NAt, ti'ETERFNARY HOSPI"LAI,. C 50.00 :1P - 00300639 BIiR/2010 RANCHO REGtONA1-, VF°CER11~?ARY HOSPITAL F 50.f)0 AP-003006.39 R!IF;'20I0 RANCIFORE(iIONA[ G'E'1"[3ft(NARYHOSF'C1~ALf 50.00 AP -00300639 R71$r2010 RANCHO R[iGIC.':NAL VEi'CERINAKY HOSP'€C'A[. F 50-00 AP-00300634 8/18/2010 1t4NCHOitBGIONALVETERIIv'ARYHOSP[TALL' a0-00 AP-00300639 8/18/2010 IZANCHq REGIONAL VE"PI:R.INARY HOSPITALf' 50.00 AP-00300639 R/'f8/3010 RA'NCI{O REGIONAL VETERINARY HOSPITALF 50.00 AP - 00300639 811 8/2010 RANCHO REf:?tONAL VETERINARY F{O';PIT'.AL, f 50.40 AP - 00300640 8.%'1813010 SLR SPEEDY 38A6 AP - 003f)0641 8/I &/2410 WEST COr^.ST LAR4.INAT[NG LLC 292.32 AF - 00300642 8/18/2010 909 MrAGAfINE 550.(10 AP - 003006A4 811 R/2010 A & B BUS COMPANY 525.00 AP-00340646 Ri18/2010 A! AUTONtOTIVE 485.93 AP-00300647 R/18/24t0 ABIVI}'AT":ORNEYSERVIC:E 81.39 .AP - 4030(1649 R/1R/'_010 ADOBE ANIb9AL HO9PCFAL 25.00 AP - 003406-19 8/18/2010 ADOBE ANIMAL 1{OSPITAI, ~ 25.60 AP - 04300(149 RIIR/2014 ADOBE ANIMAL, FIO5PITAL 50.04 AP-00300649 8%!8!2410 .ADOIIEANFM.ALHOSPFCAL 50.00 AP-(10340649 8.!1.$;2010 ADCIBEiANIIvIALHOSPL'1A.L. 50.00 AP -1)4300649 8/L8'2410 ADOBE ANIA•iA1_ FtOSYiTAL 50.00 AP - 443(14649 8/I$/20 (0 ADOBE ANIMAL HOSP€'I'r\t, ?(1.0C1 AP-00340<i49 R/F8/2010 ADOBEANCMALHOSY[1'AL 50.00 AP - 00304649 A'182010 ADpF3fi ANi'MAI. HOSPFTAL 50.04 AP-.^„?5046~9 8./iRi2.^,i0 ADOF3EANL"viALHOSI'ITAL ,54.46 A,Y - 41)304649 R%! Rl20 i 0 ADOBE ANEM'AC. HOSPITAL.- SQ00 AP -40300649 R/[812010 ADOBE ANEDdAL HOSP[TAL 50.40 AP - 04340(49 8/iRi2{11.4 ADOBE ANIMAL HOSPITAL SO.UO AP-Q0300(i49 8/18/2010 .^1,Di}BL~ANIIVIALHOSPI"CAL 50.00 9P-44300649 8/18/2014 ADOBE ANIMALF:OSPI"[:AL 50.00 ,AP - 00304649 3i 18/2410 ADOBE ANIMAL, HOSPITAL 50.40 AP-00300649 $iIR/2014 ADOI3EANIMALItOSPCI'AL 50.00 AP - 00300649 $Il R(2t)'10 ADOBE ANEMAt., F{OSFI'I'AL 50.00 AP - 40340650 8i 1812410 AFLAC 6,'126.48 .4P - 40300651 8/18/2010 AGILINE INC '-,'84.00 AP-00300651 8/t8YZOl0 AGIL[NEFNC 400.00 AP-00304652 R/I$r?.Gift :1GUILERA;ISAIAH 52.00 AP-04304652 R/IR;2410 AGUILER..A,ISAI:IFt '2{)0 AP - 00304652 R/18%2010 ACrL.IIL,F,RA, ISALIH 52.40 AP - 00.^>04652 8178;2410 AQUILFRA, ISAIAF[ 52.{)0 AP-00300652 $!L8/2010 AC`:LiTLE',RA,[SAIAN 52.40 AP-00300653 8/18/2010 AIIRtiAD; DILD.AR ~ 445A0 AY-00300655 8/18/2010 ALL WELDING 190.00 AP - 00300656 8/I8Y2U10 ALTA L,OMA ANIMAI. HOSP[T'AL 50.00 AP - 40300656 8/I$r2410 AL'CA LOIvfA ANIMAL trIOSPIT.AL 54 ,)0 AP - 00300656 8/I8%2410 ALTA LOMA ANIMAL HOSPC F'AL 50.00 AP - (10300656 8/1$!2010 ALTA LOMA ANIMAL IIOSPII"AC, SO.t)0 AP- 00300656 8/18/201(1 ALTA L,f7MA ANIMAL HC)SP[I'P_L 50.00 Clser. VLOPEZ Veronica Lopez Pxee: 2! Current I?ate:- 08/26/201 Repart:CK_AGENDA R.ECi._PORT'RAI T._RC - CK: ALienda Check Register Porkaik Laya¢t Tame: 07ai_2 CITE' OF RANCFI.O CCICAh'IONGA P-41 Agenda Check Reeister 8/1 l/2010 through 8/2d/2010 Check No. Check Daie Vendor Name Amount AP - 00300656 A118/2000 ALTA LOMA AN€NL•\L HOSPCTAL 50.00 AP - 00300656 8/18/2010 .AL.TA LOMA ,4N1M,4F. 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[NC. 128.55 .4P - 00300657 8/18/2010 AMERICAN ROTARY BRUONf CO. [NC. 934.55 AP-00300657 BiIS/2UIU ANLERiC:ANRO"I'ARYBROOMCU.INC. 25ZU9 AP - OU300b57 8/18/3010 AMERICAN R07:AR1' BROOM CO. INC. 38L30 AP - 00300657 8/13/2010 AME[tIC,4N ROTARY BROOM CU. INC. 77I?8 AP - 00'300655 R%1 S/2010 :1MER(NATIONAL COPIMUTITY' SERVICES [NC. 38400 AP - 00300659 S%18/2010 ARAMARh UNLFURM SERVICES 6.70 .4P - 00300660 8;18/20 t0 ARBOR NURSERY' FLUS '-93.63 AP-0030066} 8/18/2010 ARNZJLDFIELDSPAENTiNG 200.00 AP-0030(1662 8118!3010 ASSiSECURITY L05.UD AP -00300(,62 8/18/2010 .ASS[ SECURCTy 105.00 AP - 00300662 8!L8/2010 ASS[ SECURITY 105.00 AP - 00300662 8!18/2010 ASS[ SECURITY I l)1 {)0 AP-0030(1662 8/15/2(110 ASS[SEC[iR[TY ]U5.00 AP - 003006(12 8/18!2010 .4SSt SEC[1RITy 105.(L0 AP - 00300(162 R/I 8/2010 ASSI SF.C[.1RITY 125.00 AP - 00.>00662 8/I 812010 ASS[ SECUR["I'Y 533.60 AP - 00300662 8/18!201 O ASS[ SECCIRCTY' IOS.UO AP - 003('10662 8/18/2010 ASS[ SEC(IKI'iY 105.00 AP-00300662 8/LS/2010 ASSISECURPI-y 105.(H) AP - 00300663 R; l8/3010 AIJI'0 AND RV SPFiCIAL.[S`CS INC. 72.84 AP-00300(164 8/IAf2010 RALLOONSOFCAL[FURNCA. 1(15.29 AP-00300665 R/18/2010 BARBARA'S ANSWERINGSEKyiCE 572.00 AP - 00300666 8/18/2010 BERLITZ 110.00 .4P - 00300667 8/1812010 B[ERM.4N; V. 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EDISON 128.38 .4P - (10300808 8%18;2010 SOUTHERN CALIFORNIA EDISON 3729 AP - 00300808 S/18/20 t0 SOUTHERN CALIFORNIA EDISUN 4,93 L06 AP - 00300808 8118'2010 SOUTHERN CALtFURN1:1 EDISON ',498.44 AP-003008(1S S/t812010 SOUTILERNCAL[FORNIA.EDISON [,436.43 AI' - 0030U80S 8/[8/2010 SOUT'FIIRN C.AL[FORNIA EDISON 15,250.72 AP-003U080S 8/[8/2010 SUUTIIERN C;ALIF'ORNIA EGISO'N 4,22L65 AP - 0030(1808 8/18;'2010 SUUTIIERN CALIFORNIA ED[SON 26,637.32 AP-00300808 8!1812010 St)UTtIERNCAL[FORNIAEDISON !9,577.46 AP-0030(1808 &'1.8%2010 SOU"CI-lE[tNCALIFOFtNL'<FDISON 10,487.58 AP - 00?00809 8118!201(1 SUUTHLAND SPURTS OFF[CLALS 1.104-00 .4F-00300810 8;15;201.0 STEELWURICERSOLDT[IvtERSFOUNDAT[ON 939.(6 AP-00300811 8/13/2010 STERICYCLEINC -- ----- --- - ------------------ --- -- 487.92 -- -- --------------- - --- - - -- --... ----- ------J . ---~ -- -- User: VLOPF7 - 4 eron ----- ica Lvpez Paec: 30 C'nrrenl Date: 08!26120 I Report:CK_AGF.NDA_R. EG_POR'FR.AI'F_RC - CK: Agen<ta Check Register Pvr[ruit L,avou[ Time: 07:17:2 CITY O~ Rt1NC"CFO CtJC~41~10NC>: A P-50 A~etttia Cdteek Resrister 811 L/201t) throu8h 8124;2010 Check No. Check I?atc Vendor Name .Amount AP - 003008'12 8!18;'2010 SETNG:\RU PU6LIC SECTOR INC 12220 AP - 00360814 8/1872010 SEJNSTA`fE E~UTPMENT CO'v1P,4NY LLC 1.,109.70 AP-00300816 8i L8/20L0 TESSIER.,JTNNIFER 78.00 AP-603005!7 8/18/20!0 TOOT-SREISINC 14623 AP-003608[7 R/IS/26L0 '['OOLSRCISINC 200.13 AP-00300819 `;~IR.201U UCREGENT'S 80.00 ,4P-Ci0380R20 B;Ifit10t6 UNLF'tftSTE,TJCEORMSI3RtiI'CE 40.U0 AP -0031)0520 8/18;2010 C1NF-r"IR,ST [JN[FORNt SERVI{gip; i 15..40 A.P -1)0300820 8r t8;2t)! 6 rJNIFIRST UNtI'OR:tit SE:RYrr~,.Ia. 23.56 AP-003U052U 8/1.5/201U E1N[EC~iS"fUNL~ORM$EttViCl 733.95 AP - 0090082U 8/IS/Z610 UN[FIRS'I' UNIFORM SERVICE, 40.00 AP - 0030082! 8718:'2010 f,INIQEIE MANAGI MENT SF'RVICBg INC 584.41 AP - 0030452'2 b~ 18:'24 t0 C1P5 4UA0 AP-0030(18"e2 8.'1872(110 UPS 12.?4 AP-003008'3 R/18!20!0 U`CILEQUES'1' 1,12L85 AF - 00340826 5718/2010 VANI7ERI{.AWK CONSULT ING 1.d~C 2!.587.50 t\P-063008;7 S/18/2A10 VERIZON 18.75 AP - 00300827 8/18120t0 VERi~ON 110.34 AF' - 00360527 8/ t 8/20 E(t V €;RIZON 36.27 AP-00300827 87181^_-O t(} VER.[70N (56.65 F.P-0030081^r 3'18/20E0 V6Rf7_,ON 3`>•Sy AP-00300827 8%18!2(HO VERIZ(.)N 37.39 AP-003005x' 8/18/20]0 VER[ZON 113.03 AP-003008'27 R!1872(tIU VERIlON 3"7.x2 AP-00306827 3!18;2010 VERt7,ON ~ IR28 .4P - 00300828 8/18721)10 VE'I'ERiNARY LNPORMATION NE'CWOKtC IN'C C,RO-00 AP - U0304R29 8/18/2010 VICCOR 1~4EJ0[CAL COMPANY 41.50 AP - QU300830 5-18;'2016 VIS`IA PAIN"C 24.18 AP - fl0300830 8118.'70!0 VISTA PAINT 37.62 AP-00300831 8/1812010 WAL"CEKSWHOC,LSAL,EELIiC•fRtC;CO :15928 ,",P-(}0300831 SrtB/201U WAf..'t'lr;P.SV7FCOI-,ESALEBLECIK,tL:CCY 385.17 rtP-00301)531 8/18/2010 W.AL"CERSWIfULES.~ILEELEC•I'RCCCO 550.51 AP -6E}3<)p53I 8/18!26!0 V~'F\LTF:KS Wi10LESALE FLI';C;TRIC CO 1,322.86 A,P-0630(')831 ~ 8/[8/20!0 WAL•CERSWH{7I,ESALEEL:ECTRICCO 14.5.67 AP-0030083C R/IS/2010 WALS'ERSWHOLESAL6EL,E{;"CRIC CO 84.77 .Ai?-00300831 8iI5/20tU WAL"t'L-KSiVI30LESALEELGC.T'RI(-'.CO 86.79 AP - 00300831 5/18/2010 WALTER,S W"!fOLBS,4t.:E ELGCT'RtC CO °12.70 AP - U0300831 R/LSf2616 lb';ALTERS WFIOLI?SALE ELF_C"CRIC CO 85.0E AI'-0030083E 8/i8720f0 WACFEKSWHOLESALEF.,LFCTKiCCO 94L31 AP-003OU83'1 BiLSr2U16 WALTERSWIIOLESAi..Ef3LEC"FRtCCO 80d•96 .4F - 00300532 Ri7 8120'[0 WARREN & CO [NC, t:ARL ~ 3!7.81) AP -00306832 R/!8/2610 \V~ARR13N & {'O SNC, CARL 192.1E AP - 00306832 8/tR/ZOIA WARP~EN & CO RJ'G CARL 404.-20 AP - 00301)832 S/1 8!21110 R~'AKREN 8r. CO INC; Cr1K.L 622.92 AP - 00300832 ~ 8/18/2010 WARREN & CO lNC, CARL ~ 710-16 AP - 06300532 8/18;20 t0 W'AI2REN & CO INC, CARL 158.36 AP - 00300832 811$/2010 WARREN & CO INC, CARL 70028 AP - 00300852 S/t 8/1010 WARI2'6N .~ CC) INC, CAKE 495.22 AP - 00300832 8/1 S126L0 WP.RREN K CO INC, CARL 854.56 AP - 00300832 8/ i 8;2610 hdARREN do CO INC, CARL 590.76 AP - 00300832 8iiRi20'LO WAIZKEN ~ CO [NC, CA12L 5>Z.I6 AP - 00300532 8;18/20 t0 WARREN Sr CO LNC, CARL 505.30 AP - 06300833 8/18/2016 WAVfE SANLTARY SUPPLY 74 L69 AP - 00306835 8/!8/20!0 WEST PAYMEA~T CENTER 231.91 flser.VLOPEZ \croi^.icaLopez Page,: Pt Currant Date: 08-26__01 Report: CK_ACiBNL>A_ K t3G_PORT'RA[" C_ RC - CK: A~eadx Check ELegister Pwtrait Layout Time: 07: (7:2 C1T4' OF i2.aNCF{O CUCA1dfnNGA P-51 Af<entla C'iteck Register 8! t 112010 throw 5/24/3010 Check. No. Check Datc Vendor Name Amount AP-00300836 8!LR/2010 WESI'SAN[TATIONSERV[CESINC 370.[0 AP - 003008:17 8i l8/2010 VV`L.STERN FLOORTNG INC 300.00 AP-00300838 8!181201.0 WESTBRNMED[CALSUPPLYCNC 262.41 AP -00300839 8/18,'2010 W[L50N AND BELL f2~.00 AP -00300840 8/1.8/2010 W'O<\4EN LE.4IJCNG GOVERNMENT 50.00 AP - 00300841 Rr'l8/2010 'LEE MEDICAL tNC 459.64 AP - 00300841 Si I8/2010 ZEE MEDICAL INC 1,384.09 .4P-00300544 8;192010 BRODARTBOOKS 1a.6~ AP - 00300844 8/19/2010 BRUDART BOOKS - 45-08 .4P - 0030(1844 R/19/'_01 O BRODAI'."C BOOKS 9.59 AP - 00300844 8/19/'2010 BRODAR'i' BOOKS 17.06 .4P-00300844 8!1920(0 13ROD.4RTBOOKS 3=21 AP - 00300844 R.%19/2010 BRODAR'C BOOKS 16.6"s .4P-00300344 R/1912010 BRODAR"C BOOKS 26.80 AP-003(10844 8.%192010 BRODARTBOOKS 10.71 AP - 00300S4d Ri 1.912010 BRUDAR"(' BOOKS 39.11 AP - 00300544 8!IW2010 BRUDART BGUI{S 1 LlG AP - 0030(1844 3!19.'2010 BRUDART BOOKS 1:.43 AP - 00300844 8/19/2010 BROUAR"C BOOKS 14197 .4P-0030(1844 8/192(110 BROUAR1'BOUKS 1;.43 AP-00300844 8/19/2010 BRODAR'CBOOi{S IS?6 .AP - 00300&44 8/L9:'20I0 BRUDART BOOKS 31.91 AP - 00300844 fi/192U I0 BRODARI' BOOKS ?9.35 .4P - 00300844 RrL9/2(110 BRODART BOOKS - 30.51 AP - 00300844 R/19.n010 BRUDART BOOT{S ! 4.70 AP - 0030084=t A'19/2010 BROUAFt'1' BOOKS 207.02 :4P - 00300844 8!19!2010 F3ROUAR"C BOOKS 1693 AP-r?n30n844 8;!'~120IU BRODAR'CBC?OKS 41.63 AP-00300844 8;19!2010 BRODARTBOO}{S 1.3.48 AP - 003008•}4 Ri 19;2010 BRODAR'I' F300KS 2939 Al''-00300544 8/19/20(0 BRODAR.TBOOKS (13.38 AP-0113(10844 8/19/2010 BRODAR'1'BOOKS 2794 AP-00300844 8119!2010 BRODAR'fBOOKS 14.69 AP - 00300844 8! 19/2010 BRUUAk'I" BOOKS 29.93 AP-00300544 8/192010 BRUDAR"CBOOKg 103.09 AP - 003011844 8/19/2010 BRUDART' BOOKS 18.55 AP - 00301,1844 8!1912010 BR.ODART ROOKS 26.38 AP - 003(1(1844 8/192(110 B120DAR'1' BOOKS 53.00 AP-00300844 8119/20}0 BROUARTBOOKS 12.(18 AP - 00300844 8/192010 BRODAR'I"BOOKS 317.$5 AP-00300844 8!1912019 BRUDAR"CBOUK.S 4.~1 AP - 00300844 8/19/2010 6120DAR'C 1300)1{S `J~0'- AP - 00300844 8!1912010 BR.ODART BOOKS 4.>1 AP - 00300844 8/19/2010 BRUDART BOOKS 17.89 .4P - 00300844 8/19/2010 BRODAR.T BOOKS + 11 AP - 00300844 S/ 19/2010 BRODAR"C BOOKS 4.51 AP - 0030084) 8.%19.'2010 BRODAR.T BOOKS 9.02 AP - 00300844 S/19/2010 BRODART BOOKS 4.~1 AP - 0030U844 3!19/2010 BRODART BOOKS 4.51 AP • 00300844 8/19/2010 BRUDART BOOKS 4.51 .4P - 00300844 8!1.92010 BRUDART BOOKS 9.03 AP - 00300844 8/19/2010 BRUDART BOOKS 4.51 AP - 0030(1844 8/19/2010 BRUDART BOOKS 9.02 :4P-00300844 8/F 9/2010 BROUARTBOOKS 4.51 User: VLOPEZ-Veronica Lopez Pagr. 32 f:urrent Date: 08,'26201 Report:CK_.4GENDA_ REG_PORTRA[ T_RC - CK: Agenda Checlc Register Pamait [ ayout Time: 07:17:2 CITY f>F RANCHO OUf"Ait~fONGA P-52 Aecntia Ctreck I2eeisEer• 8/l I/2010 throusth 8/24i'2OIO Check Nn. G heck E?srre Vendor Name .4mounr AP - 00300844 8/ty"01.0 BRODART BOOKS 4SI AP-00300S4x 8/1917.010 BRODARTBOOt{S 9.02 AP - 00300844 8/19/2010 BRODAR,T BOOKS 42.4 i Al'-00300$44 S/t9./2010 BROU.ARTBC)C)KS q,g} AY-0030(1$44 81(9!2010 BRODAR"t-BOOKS 45E AP - 003(19844 3i'i 9.!2016 BRODAR"I' BOOKS 3 L42 1P-(}0300844 8ii9,'20E0 SRODFlR't L300KS 9.(}2 AP-00300844 $!I9;30L0 BRODAR"L BOOKS 6.69 AP-00300844 8/E9/20I0 BRODARTBOOKS ~ 4.51 .4P - 00300844 81192014 BRODART BOOKS 17.89 AP-00300844 8!1920(1) BROUAR"P BOOKS 85.54 AP-4030084A 8;1412(1(0 BRODAR'1-BOOKS 6.69 AP - 00300844 8/19/20 E0 e3PtO1JAR"C BOOKS 13.48 .4P -0(.)300844 8/19/2010 BROD.4RT BOOKS i I536 AP - 0030(}844 8/19/2010 BILODART BOC.)KS 230.58 AP - 00300844 8/19/2010 BR~ODAR`C i300Kg 13.48 AP - 00300844 8119!2010 BRODAR'L I300Kg t 526 AP-00300844 81!912(110 BR.C)D.AR.TBC}OKS 49.21 AP - 063008~t 8/19/2010 BRODAR:1- BOOKS 19.53 .4P - 0030(1844 8/I9/26'(0 BRCID.AR'€' 600KS 39.11 AP - 00300844 F;,'1912016 BRODART BOOKS 13.48 AP-00300844 8/19/2010 BROI:I.ARTBOOKS 30.30 AP - t}0300844 8/19/2010 BRODART 1300KS 39.9 AP-(1030(1&I4 8(192010 BRUDARTBOOF:S 17.13 AP-00300844 8/F9/2016 BRODARTBOOKg F}4,91 AP - (1030084=} 8!191201.0 BRODART BOOKS 27,94 AP-00300844 8!19%2t}10 [3RODARTBOOKS 61?2 AP - 00304844 8%1912410 BR~ODAEtT BOOKS _ 69.$7 AP-00300844 8/19/2010 BRC)DARTBOOKS 14.46 AP-00300$44 8/1912010 BRODAR.'I'BOOKS 28.25 Al'-00300$44 8/19/2010 BRt:)DAI'2TBOC7KS 84.78 AP-003008~~ $!192010 BRODAR:CI30C?KS 15.65 AP-00300844 5/192010 BRODARTBOOKS 3521 AP - (}{}304844 8I19i2010 BRODART BOOKS ! 6.63 AP - 00300844 8/19/2010 BRODART BOOIGS 26.50 AP-00300844 8/19/2014 BRODAR'I°BOOKS 4.51 AP -00300844 8/19/268) BRODAR'E" BOOKS ~ 4.Si ,4P - 00300844 8i 19J20I0 BRODA,RT BUOKg 15.71 AP - 00300844 8i19201U BR9DAR"f BOOKS 9.03 AP-00300844 8119/'21)[0 BI20DARTBOOKS 6.ti9 AP-00300844 S/I92010 BRODAR"I"BOOKS 4.51 AP - ()0300844 8.%!9/2610 BRODAR`C BOOKS 4.51 AP-0030()844 8'19r'2(t10 BROD.ARt'BOOKS 13.38 AP -00300844 $11912010 BRODA'RT FtOOKS 9.©' AP-64340844 3/19/ZCrtO BR.ODARTBOOKS 6.69 AP - 60306844 8/ (9/2010 BRODAR'L BOOI{S 49,16 AP - (J0300844 8/19/2610 BRODAft.T' BOOKS 17.89 9P - 00306844 S'19YZ010 BRODART L300KS 24.73 AP - 00300$44 _ 8/I9r~4 LO BRODAR'P BOOKS 9.02 AP-0030(}84.4 Ri19/2010 BRODARTBOOKS 9.02 AP - U0300844 8/19/"01.0 BRODART BOOKS 18.04 AP - (}0340846 8i 1912016 CCiCAMONG:1 VALLEY W ATER DI:STRIC"I 4$:1.37 AP - 00300846 3 i 9l?O10 CEs'CA640NGA VALLEY WA"CER DISTRICT 1,514.39 AP-00346846 8119;2010 CI)CAR40NGAV?_LLEYWATERDISTRICiT 12,x96.75 User: VLOPEZ Veroniea Lopez Page: „ C'urrent.Dare: 08.16.301 RePorr:CK_AGENDA REG_PORTRAL T RC - CK: Ageuda Check Register Portrait f.a}~our Time: 07:1.72 CITY {3F fL~NC'I30 CG`CAMC3'!'G A P-53 Asenda C'.heck Resister 811 1;`2010 through £2'2412(110 Check No. Check Date Vendor Name Amann_ AP - ({0300846 8/19/2010 CUCAMONG.A VALLEY \5'ATER DISTRICT 270.79 AP-00300846 8119/2010 CIICAMO'NGAV.ALL6YbUA7"ERd[STRICT 194.13 AP-00300846 Sii9120F0 CUCAMONGAVALLEYWATERUISTR[CT 494.78 AP -00300846 8i19i30F0 CUC.4MONGA VALLE'.Y t>r'ATER DISTRIC"£ 330.10 ,4P - 00300846 8i 19!20 EO CUCAMONGA VALLEY 1.0%ATER I)ISIRFCT 4,73A.25 AP-00300846 8119.2010 CFJC:E\R4ONGA VALLEY WATERDiSTRICT 5,932,71 AP-003(,)084b 8/!9,'2010 C,tiCAMONGA VALLEY WATERMSTR€C'C 478.63 AP-(}(.)30?846 8/1y%2010 CFICr,MONCiAVALLEYWATERll15'fRICT 317.62 AP-00300846 8/l9/2U1.4 CUCAMON<:A VAI,LE;Y WATER UIS'£RiC'£ 192.£+( AP-00300346 8!!9/2010 CUCAMONGAVALLEYW,-4'£ERDISTRICT 209.44 AP - 00$00546 8/19!2010 CUCAMONGA VALLEY WA'£ER. U[STRICf 2,326.01 AP - 00300846 8i 1912010 CLICAMONCiA VALLEY WA'[`ER DIS'RICT 484.02 AP - 003(10846 8/19/2010 CUC:AMON'CiA VALLEY" WATER d[STRFCT 128:28 AP-00300846 8/19%2010 C.:iJC;AMONGA VACL,BY WA"£ERD[STRIC [' 47.36 AP - 003O(1846 5/19/2010 CFIC:~MONGA VAL,L.L;Y WATER DISC"RIC'£ 79.53 AP-00300846 SPl9/20T(i CUCAivR~NGA VALLEY WATERDISTR[C'£ 126.78 AP-00300846 8!19!2010 (:UCAbiONGAVAL.LEYt6'ATERdIS'I'RICT k13.22 4P - (10300846 8%19,%2(110 CUCAMONGA VALLEY W,4TER DISTRICT 44.6? AP-00300846 5/19.%21)ICr CUCA<vtONG.4 VAl_.LF_l' WA`I'ER.dIS'I'RIC7' 133.69 AP - 00.300846 8119/2090 CFICAMO'NGA VALLEY WA'C1R DIS't'RI:C'£ E23.30 AP - 0030084b 5/19/2,010 CCiC.4ivIONGA VALLEY WR'I'ER DISTRICT 195.71 AP - ((03(30846 8/19/20 i 0 CCiCA,MONGA VALLEY WATER DISTRICT 384:22 AP - 00300846 8119.!20!0 CUCAh~1ONG;1 VALLEY WATER DIS"i'R[CT 736.03 AE'-00300846 8l1)%%2090 CUCAMONCiAVALLEYWATF.RUIS'£R[CT 16k.89 AP -90300846- 8/19/2010 CUCAMONGA VAC.LEY WATER U[S'£R[CT 22031 AP - 00300846 811912((10 CUCAMONGA VALLEY WATER DISTRICT' 596.38 AP-00300846 8!(9/2010 C(JCAMONGAVAI,LEYWA"£ER.dISTRICT 159:L4 A.P-00340846 8/1.912(110 CUC.AMONGA VA~:I,EY WA"£EItUISTR[CT 47L58 AP - 00; 00846 8/191'2010 CiaC:AMONGr1 VAt,LfY WATER DtST'RKPI' .,20 ?5 AP - 0030084(1 8119!2010 CUCAMONGA VALLEY WA"1'IsR. DIS'£R[C'£ 270.84 AP-00.30084{i 8/(91201{) C(.ICAMGN(iAVALLLYWATGRD[S"1'.RIC;"£ 4,53.1;3 AP-00300846 8'19/2010 CFICAMONGAVALLI:YWATIiRDISTRICT 382.95 AP-00300846 8719/2010 CCJCACUtONGAVALLEYWA`fCRU[S'i'I'tICT ISI.lS r1P-0030(1846 8%19;201.0 CUCAM{)!>IGAVr1L,E,EY"WA"IERDISTRICT' 208.07 AP-Of1300546 8/L9!2iJ10 ClJCAMONGAVALt.FYW`A"I'ERDISTRICT 45.84 AP-00300846 8!19/2{;10 CUC'AMONG.A VAf.,C,FY WATER UtSTRICT 93.45 r\P -00300846 8119/2{)F0 C.'lJCAD4ONGA VALLEY WR'I'ER C)IS'£KFCT 92.47 AP-00300846 8'19/20(0 CUCAMC?NGAVALL,E,YWATERDISTit1C"C 330.10 AP-00,300846 8%19/2010 C.'UCAbtONGA.VALLEYWAT[:Rf.)FSTRIC'£ 68.LR AP-00300546 5/19i2,01U CCiCAMONGA VALLEY WA'i'ERDISTR[CT 254.83 AE' -0(}300846 8,1912010 CFTCANtONUA VALLEY WATER DISTR,IC'I' 195.66 AP-00300546 8/19;2010 C:UCAMONGA VALLEY WATER.D[STR(C.T 1,577.11 AP - 00300849 8;1912010 E:WING IRRIGATTON PRODUCTS 106.69 AP - 00300849 8/19.'2016 EW[NG IRRIG,4TION PR.ODCiCTS 146.8E AP-00300850 $'19/301.0 CrENERATOEt.SEI2VICESCO 1,577.40 AP - 00500851 8/19%2010 HOLI,IDAY ROCK CO INC 368.88 AP - 00300851 8119!20 i 0 FLOC:LEDAY ROCK CO INC; 62A5 AP -00300811 8/I~!201(i HOLLED.IY" RCK:K CO INC 466.55 AP - 00300352 5/l9/J--010 FIYDROSCAPE PRODUCTS INC 57.70 AP-00300552 R/19;20€(i HYDROSCAPEPRODUCTSIIdC 2'1.7.50 :1P-00300554 8/19; 20 FO SUNRI5F_['OitD (80.5Q AP - 00300554 8,'192010 SUNRISE E"ORD ~ 415.00 Total for ('heck iD AI': 1;581,61 L67 user: VLC}PEZ-Veronica Lopez Page: "s4 ~:nrrent Oate: 08126;'20( kteporf:CJK_AGFNDA_REG _PORTRAI"£_RC - Cl<: Ageuda Check Register Parn'sit Layout Time: 67:17:2 f:I'I'Y OR I2ANCIIO f:UCAiWIONGA P-54 A~ecttla f'heck I2esrister 811 t/2010 through 8!2~1i2010 Check No. Check pate Vendor Name Amount L'P-0000(25fi 8ii1/20t0 C:ALIT?CrOVEfiNMFNTVESA/RANCHOCUCAMC 1,125.00 LP-00{10[256 8/1ti201f1 CALIFEiOVERNMF'NTVEBAfRANC~[OCLICAMC 7,160.00 LAP -00001258 8/1120[0 GLFPE{ANF 3F'1"-5TU6I0 SCENERY CORP 9,710.97 EP - OOOtI126U Sll (;2010 VI,ASYN LN<:. 3,000.00 EP-Ot300L^6I 2;,)LR120(0 FORTIS'T'ARM'c','fHAN[3GROUpLLC; E20,158.{i0 cP-00001261 8/181'^010 Pf)RT[S'['.A,RNffiTftANtifi[ZOIJf'LL.C 97,?SISI EP-000g12G2 K!18r20t0 PCLOTPO~VERGROCJPfNO [0,424.71 E:P-0000[2b3 8!18!20[0 SEtELLENcR,C1YNOR'PfIAM1~l21CA 345,9]0.40 EP-000012Cri 8iL820tC VBRNON;CJE'~fyOF 211,7i32~ Total for Check Ip EP: _ 80(.;514.4=4 Total for Entity: 3,388,1'7.6.11 [Iser: VLOPEZ Veronica Lopez d'age: 35 Cureenf pate: U8;26z'201 Regorf:CKAUENI~A_,RLCi PORTR.A,IT_RC-CK:AgenttaChecleRegisterPaetraitCayottt Tizne: 07x72 MEMORANDUM CITr CLERK'S OFFICE Date: September 1, 2010 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Debra L. McKay, MMC Assistant City Clerk/Records Manager By: Kathryn L. Scott, CM~3..'J Assistant City Clerk P-55 RANCHO ~UCAMONGA Subject: APPROVAL TO PROCEED WITH AMENDMENTS TO THE CITY'S 2010 CONFLICT OF INTEREST CODE RECOMMENDATION: It is recommended that the City Council approve the 2010 Local Agency Biennial Notice and direct staff to proceed with the amendments to the Conflict of Interest Code. BACKGROUND/ANALYSIS: Pursuant to the Political Reform Act, all local governments must update their Conflict of Interest Code in 2010. At the June 2, 2010 City Council meeting, the Council directed staff to proceed with the biennial review of the Conflict of Interest Code. City staff was notified of the pending update and reviewed and recommended changes to designated positions, such as changes in title of duties or creation of elimination of positions. Pursuant to state law, if amendments to the City's code are necessary, the code must be forwarded to the City Council for approval within 90 days. Therefore, prior to December 30, 2010, the recommended amendments will be brought before the Council. , R 'pecttullysubmitted, ~ ,~ ~. De ra L. McKay, CMC Assi ant City Clerk/Records Manager Attachment: 2010 Local Agency Biennial Notice P-56 2O'i0 Loeat Agency Biennia! Notice Name of Agency: City Council of the City of Rancho Cucamonga Mailing Address 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 Contact Person: Debra L. McKay Office Phone No: Fax 909 477-2700 Ext. 2005 Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. This agency has reviewed its conflict-of-interest code and has determined that (Check one box): ® An amendment is required. The following amendments are necessary: (Mark all that apply.) O Include new positions (including consultants) that must be designated. O Delete positions that manage public investments from the list of designated positions. O Revise disclosure categories. ® Revise the titles of existing positions. ® Delete titles of positions that have been abolished. O Other (describe) No amendment is required. Verification The agency's code accurately designates all positions that make or participate in the making of governmental decisions; the disclosure categories assigned to those positions accurately require the disclosure of all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding the designated positions; and the code includes alt other provisions required by Government Code Section 87302. Signature of Chie(Executive Date Complete this notice regardless of how recently your wde was approved or amended. Please return this notice no later than October 1, 2010, to: (PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE) PLEASE DO NOT RETURN THIS FORM TO THE FPPC. California Fair Polftical Practices Commission www.fppc.ca.govf866-ASK-FPPC 6/2010 P-57 STAFF REPORT ~ , ; CITY MANAGER'S OFFICE ~`Y y~~ RANCHO Date: September 1, .2010 CUCAMONGA To: Mayor and Members of the City Council Jack lam, AICP, City Manager From: Erika Lewis-Huntley, Management Analyst II By: Kristen Compean, Healthy RC Coordinator Subject: AUTHORIZATION TO ACCEPT GRANT REVENUE IN THE AMOUNT OF $5,000 FROM KAISER FOUNDATION HOSPITAL, FONTANA MEDICAL CENTER INTO ACCOUNT NO. 1218000-4905 (GRANT REVENUE) AND AUTHORIZATION TO APPROPRIATE $1,000 INTO ACCOUNT NO. 1218102-5300 (CONTRACT SERVICES) AND $4,000 INTO ACCOUNT NO. 1218102-5200 (MATERIALS/SUPPLIES) FOR COSTS ASSOCIATED WITH THE DEVELOPMENT AND COORDINATION OF THE GARDENING REAPS OVERALL WELLNESS (GROW) PROGRAM. RECOMMENDATION Staff recommends that the City Council grant authorization io accept grant revenue in the amount of $5,000 from Kaiser Foundation Hospital, Fontana Medical Center into Account No. 1218000-4905 (Grant Revenue) and authorization to appropriate $1,000 into Account No. 1218102-5300 (Contract Services) and $4,000 into Account No. 1218102-5200 (MaterialslSupplies)fnr costs associated with the development and coordination of the Gardening Reaps Overall Wellness (GROW) program. BACKGROUND The City of Rancho Cucamonga City Manager's Office recently applied for a competitive grant and was successfully awarded $5,000 from Kaiser Permanente Hospital, Fontana Medical Center for the development and implementation of the GROW program. The GROW program will enable Northtown families to prevent chronic diseases, such as diabetes, by developing and providing a bi- lingual workshop series that uses gardening to deliver health education related to nutrition and wellness. This program will build upon the success of the Cocinando Amigos Saludables y Alegres (CASA) program that teaches families about preparing healthier versions of traditional meals that they enjoy. Workshops will focus on components of a healthy lifestyle such as controlling and reducing risk factors for chronic diseases like diabetes. Participants will receive hands-on gardening and nutriion training, and will receive their own container gardening kits to take home at the end of the series. FISCAL IMPACT No matching funds required. CITY L~L-1~7.VGER'S OFFICE Date: September 1, 2010 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: John Gillison, Assistant C' Mana Mike BeII, Fire C P-58 _~ ~ - 'J~ RA!vCxo C,UCAMONGA By: Breanna Medina, Management Analyst II/Emergency Management Program Subject: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA ADOPTING THE CITIZEN CORPS ANNEX TO THE EMERGENCY OPERATIONS PLAN AND ESTABLISHING A CITIZEN CORPS COUNCIL AND COMMUNITY EMERGENCY RESPONSE TEAM TRAINING PROGRAM RECOMMENDATION Adopt the Citizen Corps Annex to the City of Rancho Cucamonga Emergency Operations Plan and establish a Citizen Corps Council and volunteer based Citizen Emergency Response Team program. BACKGROUND Citizen Corps Programs encompass public education, training, and volunteer opportunities to engage all citizens in making our communities safer, stronger, and better prepared for preventing and handling all disasters. The Citizen Corps Programs consist of four components: Neighborhood Watch, Community Emergency Response Teams (CERT), Volunteers in Police Service (i.e., Citizens on Patrol), and Medical Reserve Corps. Currently, the City of Rancho Cucamonga has affiliation with three of these components, Neighborhood Watch, Volunteers in Police Service and the Medical Reserve Corps, managed by the San Bernardino County Sheriff's Department, under the County of San Bernardino's Citizen Corp Program. By adopting the Citizen Corps Annex to the current Emergency Operations Plan, the City will be focusing on firmly establishing the CERT component throughout the community. The previous implementation of the Citizen Corps Program was discontinued in 2004, and consisted of paid instructors and a fee for participants, which resulted in a cost prohibitive and labor intensive program that could not sustain longevity. Recently, the determination was made to revisit the feasibility of the program by creating and oversight body, developing a Citizen Corps Annex to the Emergency Operations Plan and utilizing volunteers in the community as program instructors. Using this model, the Citizen Corps Program will now be coordinated, administered and instructed by City staff (Emergency Management Program) and the City Council will form fhe base of the Citizen Corps Council and provide guidance to the overall program and its components, with additional members added as the program needs grow. A RESOLL`'LION OF THE CITY COUNCIL Or THE CITY' OF RANCHO CUC.AiY1ONGA, P;1Gr 2 CALIPORNI:1 r1DOP"I7NG THE CITI7EN CORPS ANNEX T'O Z73E, EMERGENCY OPERATIONS PLAN AND ESTABLISI-IING A CI'1'I'1.,F_N CORPS COUNCIL AND COb1tii IL?iI11' EMERGENCY RESPONSE T'F AM TRr1INING PROGRAM SEri~:~-i73}~.R 1, 2010 Adoption of the Citizen Corps Annex to the Emergency Operations Plan will also allow the City to receive CERT participant manuals, backpacks, hard hats and vests for those trained in the program for no cost through the San Bernardino County, Offce of Emergency Services, which serves as the pass through agency for Department of Homeland Security Grant funds for the Citizen Corps Program. P-59 P-60 RESOLUTION NO. 2010-/..3PJ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA ADOPTING THE CITIZEN CORPS ANNEX TO THE EMERGENCY OPERATIONS PLAN AND ESTABLISHING A CITIZEN CORPS COUNCIL AND COMMUNITY EMERGENCY RESPONSE TEAM TRAINING PROGRAM WHEREAS, President George W. Bush asked cities and counties across the country to create Citizen Corps Programs to bring together first responders, volunteer organizations, law enforcement agencies and other community serving institutions; and WHEREAS, the primary objective of a Citizen Corps Program is to match the needs of first responders with the skill and abilities of volunteers to make their communities safer, stronger, and better prepared for preventing and handling acts of terrorism and disasters of all kinds; and WHEREAS, there are three national Citizen Corps Programs already established in the City of Rancho Cucamonga, which are Neighborhood Watch, Volunteers in Police Service, (Citizens on Patrol), and the Medical Reserve Corps (coordinated through the San Bernardino County Sheriff; and WHEREAS, the City of Rancho Cucamonga is establishing a Citizen Corps Advisory Committee that will consist of representatives from the City Council; and WHEREAS, the City of Rancho Cucamonga has established an Emergency Management Program entrusted with making the community safer, stronger, and better prepared to respond to any emergency situation; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGATHE FOLLOWING: Section 1. Creation of the City of Rancho Cucamonga Citizen Corps Council. Section 2. That the City Council of the City of Rancho Cucamonga received the Citizen Corps Program Annex to the Emergency Operations Plan. Section 3. That the City Council and the Board approves the Citizen Corps Program Annex to the Emergency Operations Plan. Please see fhe following page for formal adopgon, rerflflcation and signatures P-67 PASSED, APPROVED, AND ADOPTED this 1st day of September 2010. AYES: NOES: ABSENT: ABSTAINED: Donald J. Kurth, M.D., Mayor ATTEST: Janice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby cert'rfy that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 15` day of September 2010. Executed this 15` day of September 2010, at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk Resolution No. 10-XXX -Page 2 of X P-62 City of Rancho Cucamonga Emergency Operations Plan Citizen Corps Annex September 2010 City of Rancho Cucamonga-Citizen Corps Program Annex. (September 2010) P-63 1. INTRODUCTION, PURPOSE AND SCOPE A. INTRODUCTION During the 2002 State of the Union Address, President George W. Bush announced the creation of the USA Freedom Corps, a call to service for every American. Citizen Corps is the component of the USA Freedom Corps that encompasses public education, training, and volunteer opportunities to engage all citizens in helping to make their communities safer, stronger, and better prepared for preventing and handling terrorism, and disasters of all kinds. Citizen Corps Program proposes to bring together leaders from law enforcement, fire services, emergency medical services, emergency management, volunteer organizations, the private sector, as well as local elected officials to form Citizen Corps Councils. These councils will provide oversight for engaging citizens in emergency planning and response, homeland security, promoting family preparedness and safety through public education and outreach, training opportunities, and volunteer programs. Citizen Corps Programs are sponsored by the Department of Justice (DoJ), Federal Emergency Management Agency (FEMA), and the Department of Health and human Services (DHHS). The Bush Administration and FEMA initiated the program for 2002. The primary California Agencies involved are California Volunteers, the Califomia Emergency Management Agency, the Emergency Medical Services Authority, and the Attorney General's Office. All citizens are encouraged to become involved in one of the five Citizen Corps Programs. However, they need to be careful of how many disaster programs they crossover with. An allegiance needs to be made to a particular program to make sure there is no confusion when they respond to a disaster. In April, 2003, San Bernardino County (County) Fire Department, Office of Emergency Services (OES) submitted an application for the FEMA FY02 GOSERV Grant Program, and received approval to use grant funding to develop acounty-wide Citizen Corps Program, which includes such programs as Community Emergency Response Team (CERT) and Neighborhood Watch Program. This grant represent the first year funding of these programs and the continued support and integration of all programs will be contingent on future year Citizen Corps Grant funding. B PURPOSE The primary purpose of this Annex is to provide the Operational City of Rancho Cucamonga-Citizen Corps Program Annex (September 2010) P-64 Area (OA) with a document that outlines and defines a standardized approach and structure for creating Citizen Corps Councils in San Bernardino County. This will help to ensure citizen participation within a community by coordinating Citizen Corps Programs, identifying volunteer opportunities to support local law enforcement, fire services and other emergency response personnel, and specifying local resources to support Citizen Corps. C. SCOPE Citizen Corps was designed to engage every American in community and family safety programs as a way to prepare people in advance for emergencies, natural disasters, and acts of terrorism. By using an integrated, strategic, and comprehensive approach, we can effectively utilize the time, talents, and interests of volunteers in support of first responders and overall community. preparedness. Prepared citizens in service are a powerful resource and are better able to respond quickly and effectively in any emergency. The Standardized Emergency Management System (BENS) governs emergency response statewide and is the backbone of California's disaster planning and response system (Government Code § 8607). Developed in the early 1990s, SEMS is a statutory requirement and is mandated for all State agencies. Local governments and special districts must use SEMS in orde~to receive reimbursement for response-related personnel costs. The federal government also recognizes SEMS principles when participating in emergency response and planning activities within California. SEMS is the structure through which all coordination and resource allocation takes place through the multiple levels of support: field, local government, Operational Area (County), region, and State. Whenever the challenges of an emergency exceed the capacity of one level assistance is requested from the next level above. D. MISSION STATEMENT The mission of Citizen Corps is to harness the power of every individual through education, training, and volunteer service to make communities safer, stronger, and better prepared to respond to the threats of terrorism, crime, public health issues, and disasters of all kinds. E. NATIONAL CITIZEN CORPS There were originally five components to the Citizen Corps PROGRAMS Program, however, the fifth (5~) component, Terrorism Information and Prevention System (Operation TIPS), was removed for re- evaluation and, at this time, is not part of the program, but listed here for vour information. Rancho Cucamonga-CitCorpAnnex] Page 2 P-65 City of Rancho Cucamonga-Citizen Corps Program Annex (September 2010) 1) Programs Community Emergency Response Team (CERT) Neighborhood Watch Program Volunteers in Police Service (NIPS) Medical Reserve Corps (MRC) Terrorism Information and Prevention System (Operation TIPS) 2. ORGANIZATIONAL STRUCTURE AND RESPONSIBILITIES A. PLANNING GUIDE FOR The Citizen Corps Program Planning Guide is to be used as a CITIZEN CORPS PROGRAMS quick reference for determining whether the Citizen Corps Program addresses the required elements. Jurisdictions may jeopardize eligibility for grant funding if they do not comply with the criteria set forth in this document. Plans must reflect the needs of the jurisdiction, particularly in the areas that will likely impact them and their capabilities where it is recognized that jurisdictional differences will exist. This guide should be used in developing your programs. Enter the reference (page number, paragraph, chapter section, etc.) or Not Applicable (N/A) in the space provided at the beginning of each item. Some of the elements described beldw may be documents separate from the primary Citizen Corps Program plan; if so, indicate placement in another document (AD) and state the name of document. B. ORGANIZATIONAL CHART The following organizational chart shows the hierarchy of the governing body within the Citizen Corps structure; FEMA, State OES, Region VI REOC, BOS, Disaster Council, Advisory Committee, OA, Citizen Corps Councils, Tribal Nations, and other affiliated agencies. A description of each entity within the chart is listed below. Rancho Cucamonga-CitCorpAnnex] Page 3 City of Rancho Cucamonga-Citizen Corps. Program Annex (September 2010) ly~~'dal I State OES I California Volunteers (CalVolunteers) State OES Reoion VI EROC San Bernardino County Board of Supervisors Disaster Council Operational Area Coordinating Council Citizen Corps Advisory Committee (13 Members) 24 CitieslTowns Council Sub- Sub- Council Council County Citizen Corp Council Sub- Council C. CITIZEN CORPS COORDINATING AGENCIES Sub- Council Tribal Nations Council Sub- Sub- Council Council P-66 Council Sub- Council Sub- Council Below is a list of agencies listed on the previous Organization Chart, including a description of the membership and functions of each agency. Rancho Cucamonga-CitCorpAnnex] Page 4 P-67 City of Rancho Cucamonga-Citizen Corps Program Annex (September 2010) 1) Federal Emergency FEMA is designated to coordinate the Citizen Corps Program. Management Agency (FEMA) FEMA fosters state and community participation, develops training standards and materials for citizens and trainers within the five programs. In addition, this agency develops financial incentives and tie-ins with other federal programs to encourage local government participation in Citizen Corps. 2) California Emergency This governing body manages and coordinates with the regions Management Agency in their state. The key state responsibilities include: identifying needs and developing a statewide strategy for increasing the first responder and volunteer collaboration; developing statewide marketing strategies; matching Citizen Corps training needs with other major state training initiatives; reporting statewide accomplishments; and ensuring that Citizen Corps communities receive consideration for any relevant grant funding administered by the state. 3) State OES, Region VI The State's OES Region VI office coordinates with the OA. The Region VI office provides assistance and guidance in the day-to- day activities as well as in disasters. Assists in reporting OA requests, disaster information, and accomplishments to the State level; and ensuring that Citizen Corps Council communities receive consideration for any relevant grant funding administered by the state. 4) Board of Supervisors (BOS) Provide the necessary authorization in support of the County's Citizen Corps Council Program. 5) Disaster Council Established as the County's Citizen Corps Council for the County and provides functional guidance to the overall program and its components. 6) Citizen Corps Advisory Representatives of the Citizen Corps Advisory Committee Committee (CCAC), 13 Members, shall be as follows: • San Bemardino County Fire Department (1 -Member) • San Bernardino County Sheriffs Department (1 -Member) • San Bemardino County Fire Chiefs (1 -Member) • San Bemardino County Police Chiefs (1 -Member) • San Bemardino County OES (1 -Member) • Emergency Management Zone Coordinators or their designee /5 _ AAamharcl Rancho Cucamonga-CitCorpAnnex] Page 5 City of Rancho Cucamonga-Citizen Corps Program Annex (September 2010) P-68 San Bemardino County Department of Public Health (1 - Member) Americari Red Cross (1 -Member) Tribal Nations (1 -Member) This Advisory Committee functions as the established working committee created by the San Bemardino Operational Area Coordinating Council (OACC) to develop a recommended Citizen Corps Program structure to the OACC. 7) CityITown and County Citizen City/Town and County Citizen Corps Councils are representative Corps Councils of all 24 citiesftowns within the County and ±he County itself, totaling 25 entities within the OA. 8) Tribal Nations The local Tribal Nations have established their own program called Tribal Emergency Response Team (TERT}. CERT trained individuals could assist the TERT upon request. 9) Special Districts A proposed Citizen Corps Council to be formed within the boundaries of a Special District will be coordinated through the local Fire Protection District or Law Enforcement Agency. The Fire Protection District or local Law Enforcement Agency will have the responsibility to provide the OA lead agency with a document identifying the make-up of their Citizen Corps Council. Upon determination by the OA lead agency that the fom~ation has met the prescribed council membership, the Agency will then submit a resolution from their governing body to be kept on file with the OA. The OA Citizen Corps Council Advisory Committee will not recognize any areas without direct supervision from a Public Safety Agency (Law and/or Fire). Rancho Cucamonga-CitCorpAnnex] Page 6 P-69 City of Rancho Cucamonga-Citizen Corps Program Annex (September 201 D) 3. CITIZEN CORPS COUNCILS A. INTRODUCTION The Citizen Corps Councils will bring together leaders from the relevant sectors of the County communities to coordinate the Citizen Corps effort. The purpose of the Citizen Corps Councils is to have all decision makers at the table to manage existing volunteer resources, to leverage mutually supportive endeavors among the represented groups, and to direct the overall local plans to implement Citizen Corps in the community. All Citizen Corps Council's will be administered by a public safety agency, such as law or fire. Each County/City/Town will have only one Citizen Corps Council that has the lead role in implementing Citizen Corps groups within their jurisdictions. B. COUNCIL CREATIONS There may be a number of Citizen Corps Councils within an OA. The below sections outline the establishment, responsibilities and membership of such Citizen Corps Councils. 1) County Citizens Corps A County Citizen Corps Council will have a membership of Council unincorporated communities within San Bernardino County. They will have the responsibility to provide the OA lead agency with a letter showing the make up of their Citizen Corps Council. Upon determination by the OA lead agency that the formation has met the prescribed council membership, they will then submit a resolution from their governing body. This resolution will be kept on file with the OA, however there could be extenuating circumstances that may require review on acase-by-case basis. The County Council will be affiliated with a law or fire agency and will be responsible to report to the OA . 2) City/Town Citizen Corps A City/Town may elect to establish aCity/Town Citizen Corps Councils Council (City/Town Council) and will be responsible to provide the OA lead agency with a letter indicating the make up of their Citizen Corps Council. Upon determination by the OA lead agency that the City/Town Council formation has met the prescribed council member, they will then submit a resolution from their governing body. This resolution will be kept on file with the OA, however there could be extenuating circumstances that may require review on a case-by-case basis. The City/Town Council will be will be affiliated with a law or fire agency and will be responsible to report to the OA. Rancho Cucamonga-CitCorpAnnex] Page 7 City of Rancho Cucamonga-Citizen Corps Program Mnex (September 2010) P-70 3) Sub-Councils Citizen Corps Sub-Councils will be organized and managed by the jurisdiction Council (County or CitylTown, Special District) in which they were formed. These Sub-Councils may elect to establish a Cftizen Corp Council (Sub-Council) and a representative from each Sub-Council will be responsible to report to the CitylTown Council_ C. MEMBERSHIP Below is a listing of Membership Information, including INFORMATION Qualifications, Responsibilities, Leadership, and Council registration. 1) Qualifications The Citizen Corps Council for each jurisdiction can be an existing group that currently supports a strong team that brings together sectors of the community, such as an existing disaster council. Membership could include the following: • Elected officials such as the mayor, city council members, county supervisors, or tribal government leaders. • Emergency management from the first responder community: law enforcement, fire, and emergency medical services and health care providers. • Volunteers, community service, existing community sub- structure such as advisory boards, voting districts, wards and the business community. Participation on the council is making a commitment to educate the pubic on safety, to help citizens take an active role in protecting themselves from harm, to teach citizens what to do in the event of a crisis, and to expand volunteer opportunities that will enhance the communities' preparedness. 2} Responsibilities While this Annex provides tremendous flexibility to implement Citizen Corps in a way that best suits individual communities at the City/Town and unincorporated areas, there are some general responsibilities for the local organizing group that include: • Create an action plan to involve the community in prevention, preparedness, and response activities and to mobilize the community in a large-scale event. Identify ways in which the community's volunteer resources can help meet the needs of its first responders. • Work with existing neighborhood leaders, or creating a neighborhood leadership structure, to design a systematic approach to educate the public and encourage Citizen Corps Rancho Cucamonga-CitCorpAnnex] Page 8 City of Rancho Cucamonga-Citizen Corps Program Annex (September 2010) P-71 participation throughout the community. • Spearhead efforts to offer citizens new and existing volunteer opportunities educational information, and training courses to address crime, terrorism, public health issues, and natural disaster risks. • Recognize all activities that promote prevention, preparedness and response training as a part of Citizen Corps and encourage new endeavors. • Organize special projects and community events to promote Citizen Corps activities and recruiting volunteers to participate. • Foster a spirit of mutual support by working with Citizen Corps Councils in neighboring communities and jurisdictions to be able to share resource in times of need. • Capture innovative practices and reporting accomplishments to the state coordinator for Citizen Corps. • Survey communities to assess increased awareness and Citizen Corps participation. 3) Leadership Leadership within the Council is critical for success. Because of the first responder's role in the event of an emergency, and because of the law and fire based nature of the five-core programs of Citizen Corps, it is suggested that first responder representatives not take the lead role for the council but participate as the liaison back to the Operational area. It is important that the Citizens Corps Council Chair show strong leadership, organizational skills and the ability to motivate team members to reach the collective goal of making their communities a safer place to live, work and play and providing the opportunity for all citizens to participate. 4) Registration Process Upon completion of the Council Member Qualifications section above, log on to www.citizenscoros.gov/ccoms and register your Citizen Corps Council information by clicking on the registration link. Upon access to the Council registration web page, answer the template questions. This will include a name for your council, the name, title, phone number, and a-mail address of a local official that supports the creation of a Citizen Corps council; this could be the mayor, City/Town manager, county supervisor, or emergency management director. The second part of the template addresses the Council point of contact (POC). This person is the point of contact for Citizen Corps in your community. You will notice that more information about this person is required. This person will receive information from state and federal partners and whose name and a-mail address will be posted on the Citizen Corps website. You may wish to create a Rancho Cucamonga-CitCorpAnnex] Page 9 City of Rancho Cucamonga-Citizen Corps Program Annex (September 2010) P-72 generic a-mail address so that all information feeds in to one point. Once you have completed the registration template, press the Submit button. Upon receipt, FEMA will notify Califomia Volunteers who will then contact the OA of the registering jurisdiction to verify the authenticity of the Citizen Corps council registration request. The OA will either verify or deny the registration. Once the verification of the registration is approved by the OA, California Volunteers staff will be notified and they will advise FEMA to post the Citizen Corps council to the FEMA website. It is the responsibility of the registering agency to check the FEMA website at www.fema.gov to see if the council is posted. 4. CITIZEN CORPS PROGRAMS OVERVIEW Only the CERT program has been addressed with funding or direction from FEMA, or from Califomia Volunteers. The other Programs (Neighborhood Watch, VIP and MRC) are listed as possible future funded programs. All components of the Citizen Corps Program are optional considerations and at the discretion of each jurisdiction. A. COMMUNITY EMERGENCY The CERT program provides training in emergency preparedness RESPONSE TEAM (CERT) and in basic response techniques to local trainers who in tum train citizens, enabling them to take a more active role in personal and public safety. 1) Specific goals To enable neighborhood or workplace teams to prepare for and respond effectively to an event until professional responders arrive. Provide a link between neighborhood, workplace teams, and professional responders. (Website) 2) CERT Standards and The best source of help in an emergency or disaster is the paid or Protocols volunteer professional responder. But, if they are not available to address immediate life-saving needs or to protect property, CERT members can help. CERT is not intended to replace a community's response capability, but rather, to serve as an important supplement. The agency sponsoring the CERT program is creating a volunteer resource that is part of the community's operational capability following a disaster. That agency should develop training Rancho Cucamonga-CitCorpAnnex] Page 10 City of Rancho Cucamonga-Citizen Corps Program Annex (September 2010) P-73 standards for CERT personnel and protocols for their activation and use. CERT members must keep their safety in mind as their first priority. CERT volunteers must know their capabilities and the limitations of their training and equipment, and work within those limitations. When deployed appropriately, however, CERT can complement and enhance first-response capability in neighborhoods and workplaces by ensuring the safety of themselves and their families working outward to the neighborhood, office, and beyond until first responders arrive. CERT can then assist first-response personnel CERT Units Do Not: • Suppress large fires. • Enter structures that they consider heavily damaged and dangerous (e.g., leaning or moved from foundation.). • Perform medical, fire, or search and rescue operations beyond their level of training. Perform hazardous materials cleanup or respond to incidents involving radiological, chemical, or biological agents. 3) Eligibility Requirements Jurisdictional citizens may choose to be part of a CERT group as long as they have a willingness to care about fellow citizens and be able to build relationships and cooperate with first responders. 4) Training Existing CERT Train the Trainers and OA trained personnel will provide training. All training classes will be based on the FEMA twenty (20) hour Certified Course with allowable modifications when necessary. Rancho Cucamonga-CitCorpAnnex] Page 11 P-74 City of Rancho Cucamonga-Citizen Corps Program Annex (September 2010) 5) Identification Cards Identification (ID) cards will be issued to CERT members that have been trained by a certified Citizen Corps CERT trainer. This ID card must be wom when responding to an emergency. The ID card must be in clear view, whether on a lanyard or in a view pocket on a CERT vest, to be allowed at an emergency site. B. NEIGHBORHOOD WATCH Neighborhood Watch is a crime prevention program, which enlists PROGRAM the active participation of citizens in cooperation with law enforcement to reduce crime in their communities. For over thirty (30) years, the Neighborhood Watch Program has successfully kept people safe in their homes and neighborhoods throughout the nation. By bringing together local officials, law enforcement and citizens, Neighborhood Watch engages public and private community members in the common cause of public safety. 1) Eligibility Requirements First responders (such as Fire, Law and Medical personnel) cannot be on every comer, so citizen involvement is essential to combat crime. Neighborhood Watch members place stickers in their windows and post Neighborhood Watch signs on streets, warning criminals that they are in an active Neighborhood Watch Community. The foundation for creating and maintaining neighborhood crime prevention groups (Neighborhood Watch) is based on the assumption that a group of people in the neighborhood can come together to reestablish informal control, and can thereby increase the quality of life and reduce the crime rate in the neighborhood. Anyone can be part of a Neighborhood Watch Program as long as they have a willingness to get to know and care about their neighbors and build relationships and cooperation between law enforcement officers and residents. 2) Getting Started a) Contact your local law enforcement agency • Explain that you would like to start a Neighborhood Watch group and ask for assistance. • Get help from their crime prevention unit. Crime prevention officers or specialists can help organize the initial meeting. • Ask about the crime condition in your neighborhood. • Ask to have law enforcement at your first meeting. b) Talk to your neighbors • Canvass your neighborhood for interest. Rancho Cucamonga-CitCorpAnnexi Page 12 City of Rancho Cucamonga-Citizen Corps Program Annex (September 2010) P-75 • Discuss crime problems in your area, using information provided by the local law enforcement agency. • Explain the value of the Neighborhood Watch- Program. • Ask about convenient times to schedule your Neighborhood Watch Meeting. c) Be sure to mention • Neighborhood Watch does not require frequent meetings. • It does not ask anyone to take personal risks. • Law enforcement will attend your first meeting to answer questions about crime in the community and how law enforcement works in your area. • Neighborhood Watch leaves the responsibility for apprehending criminals where it belongs-with law enforcement. d) Hold the first meeting • Introduce everyone, provide name tags if needed. • Provide opening remarks. You want to provide a relaxed atmosphere, provide simple refreshments such as coffee and cookies. • Ask your law officials to cover the following topics: • Its crime prevention programs and policies. • Particular crimes in the local area. • How to obtain Neighborhood Watch Signs. • Effective crime prevention techniques for home and office. • How citizen's can become "eyes and ears" and help them in their investigation of crimes. • How to report a crime: What to look for; how to describe the person, vehicle or activity; and other information that will help solve the problem. e) Block Captain Role • Be a spokesperson for the group. • Serve as the liaison between law enforcement and your Neighborhood Watch group to organize and arrange Neighborhood Watch meetings. Recruit neighbors to host meetings. Maintain a list of members. • Designate work assignments such as: • New members • Vacation House watch • Block parents Rancho Cucamonga-CitCorpAnnex] Page 13 City of Rancho Cucamonga-Citizen Corps Program Annex (September 2010) • Neighborhood patrol • Fund Raising • Secretarial duties • Develop and maintain block maps. • Materials Distribution P-76 Remember to report crimes to law enforcement first then to their Block Captains so he or she can alert other neighbors of the problem. It is wise to rotate the Block Captain position on a regularly scheduled basis. However always notify law enforcement of the Block Captain change. f) Develop and Distribute Maps Maps will help give members of law enforcement precise information when reporting suspicious activity in your neighborhood. The map should: • Identify the Block Captain/Coordinator. • Clearly, identify streets, cross-streets, and compass points. • Show name, address, and phone numbers of each home and identify those that have burglar alarms. • Identify senior citizens and/ or neighbors with health problems and special needs. • List the make, model, year, and license number of the vehicles at each home. Identify those that are there during the daytime hours. • Include emergency numbers of Police/Sheriff/Fire along with Refuse Company, Street Department, and Water Department. • Update and redistribute new information to all members. g) Knowing more about your neighbors, their vehicles and their daily routine will help you recognize unusual or suspicious activities. • Consider exchanging the following type of information with your neighbors: • Home and work numbers • Number, ages, and names of family members or residents • Work hours • School or day care hours of children • Who owns dogs o Planned vacations or visitors • Scheduled deliveries h) Maintaining a Neighborhood Watch Program When Neighborhood Watch Network is underway, be sure that Rancho Cucamonga-CitCorpAnnex] Page 14 City of Rancho Cucamonga-Citizen Corps Program Annex (September 2010) P-77 everyone understands and observes the following guidelines: • Be alert to unusual or suspicious behavior in your neighborhood. Call authorities if warranted. Write down the descriptions of person(s), vehicles, and license numbers. • Advise your neighbors if your house will be unoccupied for an extended time. Provide information on how to reach you in an emergency. • Look after your neighbors home while they are away and ask them to look after yours. This includes picking up the newspapers, returning the trashcans from the street. Do not leave signals that indicate no one is home. • Attend Neighborhood Watch Programs meetings and above all get involved. It is the most effective way to prevent crime and make sure your neighbor is safe. • Remember the job of a neighborhood watch member is to report crimes not to attempt to apprehend criminals. Let the law enforcement community handle that responsibility. Program Activities Keeping a Neighborhood Watch program active is by getting everyone involved, this will create a feeling of pride and the atmosphere of a small town, even in a large city. Neighborhood Watch can easily be adapted to meet the needs wherever you live. This includes the creation of special apartment complex programs. Active Neighborhood Watch groups can make changes through their local officials, such as improving street lighting, and changing traffic flow patterns. Active apartment or multi-family dwelling groups can make changes by working with their landlords or building managers. They can work together to change lighting and security of each individual unit as well as communal areas and assist in developing policy to improve property security. Make belonging to the Neighborhood Watch Program enjoyable. Make the meetings fun as well as meaningful. Use you imagination. Schedule potluck dinners, organize clean up campaigns or hold block parties. Keep members involved and do not over burden any one person. i) Home and Multi-Dwelling Unit Security e Ask the local law enforcement agency to assist with "home security surveys" for individual residences as well as apartment and multi-unit dwelling. • Invite an officer to speak to the Neighborhood Watch group about security in the home ormulti-dwelling unit Rancho Cucamonga-CitCorpAnnex] Page 15 City of Rancho Cucamonga-Citizen Corps Program Annex (September 2010) P-78 environment. • Leam how to secure your home with: • Effective door and window locks • Adequate exterior lighting • Security habits • Landscaping • Alarm system k) Property Identification The identification program encourages homeowners to mark their property to make ft easier to identify if stolen. The program provides window decals as a warning to burglars: • Purchase an electric engraver that members of your Neighborhood Watch group can use to mark items such as televisions, computers, and stereos. Encourage residents to engrave their drivers license number preceded by "CA" on personal property. Note: Do not use social security numbers. e Encourage residents to make a list of their firearms, personal computer(s) and other electronic equipment along with their serial and model numbers. Keep the list in a safe place such as the freezer or a safety deposit box. • Photograph items such as jewelry. For larger items, use a video camera to record ownership. I) Develop a "Block Parent" system • Identify the home that children can go to when they need assistance and their own parents are not home. • Place signs in windows of selected houses so that children can find them easily. Ask parents to introduce their children to these "block parents" before emergencies arise. m)Bicycle Safety • Hold a "bike rodeo" within your neighborhood. Conclude the event with a bicycle security and safety program. • Encourage all to license their bicycles with a local law enforcement agency. n) Silent Observers • In many communities, senior citizens, shut-ins, persons who work at home, and. other neighborhood people watch for and report suspicious events. Some programs are designed so that observers may report by number rather than by name to protect their identities. • Call your law enforcement agency to find out if it is Rancho Cucamonga-CitCorpAnnex] Page 16 City of Rancho Cucamonga-Citizen Corps Program Annex (September 2010) participating in programs, such as "Silent Witness, S Witness, Witness Anonymous or Crime Stoppers" to encourage crime reporting. P-79 o) Communications Develop communications networks with neighbors and law enforcement agencies. Use cell phones or regular phones for emergency communications with neighbors and/or law enforcement agencies. Keep an emergency phone list next to your phone, along with a list of all your neighbors. p) Crime Awareness Call upon law enforcement experts and community leaders to participate in neighborhood meetings or workshops on a variety of topics. This includes: • Personal safety tips, prevention of rape, assaults or robbery • Bicycle, auto, or boat theft prevention • Alcohol and other drug use and abuse • Drug houses and clandestine laboratories • School safety • Senior Citizens, con game, personal safety and elder abuse Criminal Justice System, police, courts, and corrections q) Neighborhood Watch Coalitions In many communities, individual Neighborhood Watch groups unite to form coalitions. By coordinating their efforts, individual groups find they can share valuable information, as well as increase the impact of their block captains who represent their neighborhood at coalitions meetings. Some groups even form organizations to raise money for crime prevention programs within their communities. If you would like to explore these possibilities, discuss them with the local law enforcement agency. r) If a Crime Occurs remember to report it. Unfortunately, only about half of all crimes are reported. This is unfortunate, because law enforcement cannot do anything if they are not aware of the procedure. Eyewitness information is the key to solving many crimes. Remember these tips when reporting crime to law enforcement agencies: • Call law enforcement immediately. Afive-minute delay can reduce the chance of ever catching the criminal. • Tell law enforcement as much as you can. No fact is too trivial. 1n many cases, it is what victims and witnesses tell police about criminals that result in arrest. Law enforcement can use answers to as many of the following questions as Rancho Cucamonga-CitCorpAnnex] Page 17 City of Rancho Cucamonga-Citizen Corps Program Annex (September 2010) P-80 possible. However, remembering wrong information is worse than no information. Remember these tips when reporting a crime. What occurred? • When did this occur'? • Where did this occur? • How many suspects are there? • What did they do? • What did they take? • Which way did they go? e Were there any other witnesses? • What are there names, addresses, or phone numbers? • Provide any other information that might be useful. • Can you describe their vehicle(s)? • License number • Color • Make • Year • Condition • Last direction of travel Law enforcement receives many calls for service each day. They may not be able to respond immediately. The have to prioritize their calls based on the incident or situation and its severity. They will get to you as soon as possible. s) Suspect Description Form • Sex • Race • Age Height Weight • Hair color • Length • Style • Side Bums • Eye color • Glasses • Facial, completion, mustache, beard, scars • Clothing, hat, shirt, pants, skirt, dress, • Gloves, jewelry • Purse • Weapons, handgun, knife Rancho Cucamonga-CitCorpAnnex] Page 18 City of Rancho Cucamonga-Citizen Corps Program Annex (September 2010) P-81 Training is done within each Neighborhood Watch community. Leaders within each community should be selected. The leaders need to be organized and motivated. It is important to keep the enthusiasm going. To do this, it is necessary to choose new projects so that there is always something on which to keep the focus. In addition, leaders need to communicate to their communities and the area Citizen Corps Council. C. VOLUNTEERS IN POLICE The YIPS members support busy law enforcement departments in SERVICE (NIPS) order to free up officers for frontline duty. This program seeks to increase volunteer service to local law enforcement agencies, help citizens learn about how they can get involved in NIPS programs and establish programs in their area. Adult citizens who are familiar with the local areas shall comprise the NIPS. These trained volunteers shall be utilized to enhance vital crime prevention services and community awareness. NIPS Citizen patrol units may perform vacation house checks, conduct business and residential security surveys, and perform welfare checks on invalid and elderly persons. Wfth additional optional training and certification, members may perform traffic control, issue handicap-parking citations, and perform other duties as permitted by the Station Commander. NIPS members shall not be allowed to take enforcement action, carry any weapons or chemical agents or make arrests. Any suspicious activity observed shall immediately be reported to the local Sheriffs Station. NIPS is a crime prevention program exercising proactive law enforcement principles. The program is expressly comprised of volunteers having an interest in their local law enforcement agency. All volunteers will attend a NIPS Citizen Patrol Training Academy and monthly meetings. 1) Eligibility Requirements Most agencies will screen volunteers very thoroughly. Potential volunteers will be asked to provide necessary background information and to sign a release form to allow a criminal background and/or financial background check. 2) Training Local YIPS programs are individually designed. Many agencies have a volunteer handbook that is provided at program entry. Most agencies will likely have a short orientation and training to Rancho Cucamonga-CitCorpAnnex] Page 19 City of Rancho Cucamonga-Citizen Corps Program Annex (September 2010) P-82 introduce volunteers to law enforcement practices. If an assignment requires additional training (for example, data entry) the volunteer will receive that as well. Many agencies have citizen academies, which familiarize citizens with many aspects of policing. Not all agencies have such programs in place. Another excellent volunteer orientation is a series of ride-alongs with officers on various shifts. D. MEDICAL RESERVE CORPS The Medical Reserve Corps (MRC) will coordinate the skills of (MRC) practicing and retired physicians, nurses, and other health professionals who are eager to volunteer during emergencies. The Medical Reserve Corps is the component of the Citizen Corps that will bring together local health professionals and others with relevant health related skills to volunteer in their community. These volunteers wilt assist local, existing community emergency medical response systems as well as provide a group of readily trained and available resources to help a community deal with pressing public health needs and improvements. Citizen Corps Councils and Medical Reserve Corps units will vary from community to community, depending on each community's needs and the decisions made by the community's leadership and its citizens. The initiatives in all communities share the common goal of engaging volunteers in helping their communities prevent, prepare for and respond to crime, disasters, pressing public health needs and emergencies of all kinds. In conjunction with San Bernardino County Public Health Department, the San Bemardino County Medical Society has applied for a Medical Reserve Corps Grant. This is a competitive grant. The Medical Society wishes hopes to establish local Medical Reserve Corps unit. Assess community's risks and vulnerabilities; such as local surge, capacity needs to establish the required number and type of health professional volunteers. Establish MRCU goals and objectives, policies and procedures. Assure health professional volunteer recruitment for both initial planning and ongoing Unit activities. Require continuous, emergent, and adequate medical response to a community health crisis. Assure ongoing communication and efforts to ensure coordination of MRCU activities with those of the emergency response community via development of working relationships with appropriate community organizations; 7) establish linkage with local emergency response system to assure a timely and effective response to a real disaster. Identify training needs, develop skills inventory, and develop volunteer training program. Implement disaster drill program. The Unit will serve as a Rancho Cucamonga-CitCorpAnnex] Page 20 City of Rancho Cucamonga-Citizen Corps Program Annex (September 2010) P-83 supplement to existing public response systems, providing volunteers who are trained to function effectively in emergencies. To facilitate the unit's formation, a Medical Reserve Corps Unit Formation Planning Committee shall be created. This committee shall report to the SBCMS Board of Directors, drawn from the SBCMS, relevant local agencies, and facilities. The overall program is still under construction. 1) Program Description The MRC will provide communities with volunteers who can assist health professionals during large-scale local emergencies. Local communities will develop their own MRC and identify the unique needs of the area. For example, MRC volunteers may deliver necessary public health services during a crisis and provide direct care to those with less serious injuries. MRC volunteers may also serve a vital role by assisting their communities with ongoing public health needs (e.g., immunizations, health and nutrition education, and volunteering in community health centers and local hospitals). 2) Eligibility Requirements All MRC volunteers must have appropriate education, training and experience. All members of an MRC unit do not need the same education and training, although there are some common elements. When recruiting for an MRC unit, volunteers must be asked to show proof of their qualifications, including education and work experience, diplomas, current or past certifications and licensure. This requirement includes those volunteers who perform numerous functions that do not involve direct patienUvictim medical care. At a minimum, it is recommended that MRC members have the following current skills: This section is under development. 3) Training There is not one particular way to train MRC members. However, the "Medical Reserve Corp: A Guide for Local Leader" should be followed to ensure consistency between all MRC groups. Due to the fact that each MRC group has individual methods of management and training, it will be up to the MRC leaders to maintain the necessary training to meet its community's needs. In addition, there should be regular meetings and drills to ensure maximum emergency preparedness and communication within Rancho Cucamonga-CitCorpAnnexl Page 21 City of Rancho Cucamonga-Citizen Corps Program Annex (September 2010) each MRC group. P-84 The MRC will coordinate the skills of practicing and retired physicians, nurses, and other health professionals who are eager to volunteer during emergencies. 5. OUTREACH PROGRAMS A. GOUNTY LEVEL The OA, through the Citizen Corps Council Advisory Committee (CCAC), will use existing brochures from the FEMA and ARC. It will also use Web Sites and Public Service Announcements, as well as making direct outreach contact with volunteer groups that are identified as not coordinated through a recognized program such as Volunteer Organizations Active in Disasters (VOAD), or with ties to the Public Safety Community. Another avenue is to use the Operational Area Coordinating OACC Training Subcommittee to assist in promoting and scheduling classes. B. CITY/TOWN LEVEL Each City/Town/will be responsible for outreach programs to the Community, Schools, and Business for their jurisdiction, in addition to scheduling their training programs. 6. ALLOCATION OF SUPPLIES A. SUPPLY ITEMS Each of the four Citizen Corps Programs requires various types of supplies. 1) CERT Each new student will receive a CERT responder backpack, safety helmet with chinstrap, vest, and student manual. Other equipment needed will be the responsibility of the student. a) Redistribution of non-used The CCAC made the decision to purchase, with the allotted grant CERT Responder Equipment funds, CERT Responder Equipment Backpacks, that will included safety helmet with chin strap, vest and student manual. These Backpacks will be available to all Cities/Towns who participate in the program. However, those CitieslTowns that do not participate in the Citizen Corps Program, will forfeit their allotment of equipment and it will be redistribution to the cities/towns/county that are participating in the program. Rancho Cucamonga-CitCorpAnnex] Page 22 City of Rancho Cucamonga-Citizen Corps Program Annex (September 2010) P-85 Note: The following components of the Citizen Corps Program have yet to be addressed with funding or direction from FEMA, or from California Volunteers. 3) Neighborhood Watch Neighborhood Watch is a crime prevention program, which enlists the active participation of citizens in cooperation with law enforcement to reduce crime in their communities. For over thirty - (30) years, the Neighbofiood Watch Program has successfully kept people safe in their homes and neighborhoods throughout the nation. By bringing together local officials, law enforcement and citizens, Neighborhood Watch engages public and private community members in the common cause of public safety. 4) Volunteers in Police Service (NIPS) 5) Medical Reserve Corps This section is under development. This section is under development. Rancho Cucamonga-CitCorpAnnex] Page 23 P-86 STAFF REPORT ENGINEERING DEPARTMENT' Date: September 1, 2010 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 ,r-;. J RANCHO CUCAMONGA Subject: APPROVAL OF AN AMENDMENT TO CITY COUNCIL RESOLUTION NO. 82-147, SECTION 3, CONCERNING INTEREST RATE FOR DEVELOPER TO DEVELOPER REIMBURSEMENT AGREEMENTS RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving an amendment to City Council Resolution No. 82-147, Section 3, concerning interest rate for developer to developer reimbursement agreements, and authorizing the Mayor to sign said amendment and City Clerk to attest. BACKGROUNDIANALYSIS City Council Resolution No. 82-147 was approved by the City Council on August 4, 1982, establishing a policy with respect to payment of interest for developer to developer Reimbursement Agreements. The City Council determined in 1982 that a rate of ten percent (10%) per annum simple interest was fair and reasonable and all reimbursement agreements entered into between the City and a developer or subdivider should contain provisions for interest at said rate, unless otherwise determined by the City Council. Engineering is currently processing a number of Reimbursement Agreements. One property owner that will be affected in the future by one of those reimbursements has requested Engineering to look into the current required interest rate of ten percent. With the economic downturn and financial burden that everyone has been experiencing over the past few years, said ten percent rate seems excessive. For purposes of consistency, City Council Resolution No. 82-147 was compared to other resolutions with respect to impact fees. Engineering Staff has based the annual adjustments of Impact Fees for the past years on current ENR (Engineering News Record) City Cost Index Rate (Los Angeles). Therefore, Staff is recommending the usage of the same City Cost Index Rate for Reimbursement Agreements. Attached is a copy of City Council Resolution No. 82-147 for reference. Respectfully submitted, _~"/ ..~. ark er Director of Engineering Services/City Engineer MAS:WAV/rlf P-87 RESOLUTION NO. l~-1.39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AMENDMENT TO CITY COUNCIL RESOLUTION NO. 82-147, SECTION 3, CONCERNING INTEREST RATE FOR DEVELOPER TO DEVELOPER REIMBURSEMENT AGREEMENTS WHEREAS, said previous City Council Resolution No. 82-147 was approved on August 4, 1982; and WHEREAS, Section 3 of said City Council Resolution does not accurately reflect current and variable economic conditions; and WHEREAS, in order to alleviate the financial burden to imposed upon developers and subdividers by reason on their installing, at their initial expense, public improvements which have supplemental size or capacity or which otherwise service property not included within the subdivision or development, the City Council finds and determines that a reasonable rate of interest should 6e paid with respect to amounts subject to reimbursement; and NOW, THEREFORE, BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, that Section 3 of City Council Resolution No. 82-147 be replaced with the following: The City Council determines that a rate based on ENR (Engineering News Record) City Cost Index Rate (Los Angeles) per annum simple interest is fair and reasonable and all reimbursement agreements entered into between the City and a Developer or subdivider shall contain provisions for interest at said rate, unless otherwise specifically determined by the City Council. STAFF KEPORT ENGINEERING SERPICES DEPdRTMF_NT Date: To: From: By: Subject: September 1, 2010 Mayor and Members of the City Council Jack Lam, AICP, City Manager P-88 ,f , RANCHO CUCAMONGA Mark A. Steuer, Director of Engineering Services/City Engineer Jerry A. Dyer, Senior Civil Engineer APPROVAL OF A RESOLUTION O THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE MEASURE "I" FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM AND IMPROVEMENT PLAN EXPENDITURE STRATEGY FOR MEASURE "I" FUNDS COVERING FISCAL YEARS 2010/2015 RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving the Local Measure "I" Five-Year Capital Improvement Program and Improvement Plan Expenditure Strategy covering fiscal years 2010/2015 as requested by SANBAG to provide a public record of the intended use of Local Measure "I" Funds. BACKGROUND/ANALYSIS Measure "I", the county-wide transportation sales tax program, requires that each local jurisdiction receiving revenues annually adopt aFive-Year Capital Improvement Program which outlines the specific projects upon which those funds shall be expended. Staff has prepared the attached Five-Year Capital Improvement Plan schedule to be adopted by City Council and kept on fife with the San Bernardino Associated Governments for informational purposes. The Five-Year list has been over-programmed to allow for spillage and to insure that the adopted plan contains ample projects for Measure "I" expenditures. If changes are necessary (additions or deletions), the plan may be altered at each annual adoption or intermittently with City Council approval. In addition, SANBAG has advised us to adopt a Measure `'I" Improvement Plan Expenditure Strategy as part of the annual adoption period. This should be a narrative policy statement estimating the types of projects Local Measure "I" Funds are to be used for and the percentage of funds allocated for each type of project. Respectfully submitted, Mark A. Steuer Director of Engineering Services/City Engineer MAS/JAD:Is Attachment P-89 RESOLUTION NO. f 0 - j ~-I a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE MEASURE "I" FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM COVERING FISCAL YEARS 2010/2015 AND IMPROVEMENT PLAN EXPENDITURE STRATEGY FOR THE EXPENDITURE OF MEASURE"I"FUNDS WHEREAS, San Bernardino County voters approved passage of Measure "I" 1990- 2010 in November, 1989 and renewed as Measure "1" 2010-2040 in November 2004 authorizing San Bernardino Associated Governments, acting as the San Bernardino County Transportation Authority, to impose aone-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 89-1 of Authority; and WHEREAS, Expenditure plans of the Ordinance requires each local jurisdiction receiving revenue from the tax to expend those funds pursuant to a Capital Improvement Program and Imprcvement Plan Expenditure Strategy adopted by resolution cf the local jurisdiction; and WHEREAS, Expenditure Plans of the Ordinance also require that each local jurisdiction annually adopt and update its Capital Improvement Plan. . 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ID , j i IU U d Y U ' ; j ~ ! ° = m m ° U i i I ~ i~ I> ~ m E' 'o o " Z m U o S m w ~ I i I ' ; Icn , ',= ~ , N m W m ~ p p ?) m E U Z ~ m I ' m U ~~. o i : m i o .o .o ~ m m fq i ~ '; ~ H o ~ (%7 to`a m ~ m U m U ~ I I i' Q I ~ ~ E m ~ c o ~ ~ ` ~ c g o `~ m ~ ~ l i j d MS N d U Q N G O I I ~ i ~ W 2 ' ° v m ~ m m Q W ~ m m U U m i I i I ~i I ~ ~ fA Q L C y C ° t0 m C a ' ( I ' C r r p E o P m o m rn '.. ! ~ o - ~ ~~ ~ ~ I i i u~ v 1 I I I i } ~ - { ! O I ( I I I I ~ a ' N ~, a ~ I I I i I 0 0 N V N M O c+~ rn m a P-93 CITY OF RANCHO CUCAMONGA MEASURE I CAPTIAL IMPROVEMENT PLAN EXPEN'DTTURE STRATEGY 2010/2015 The Measure "I" Capital Improvement Plan Expenditure Strategy for the expenditure of Measure I funds will use the City's General Plan Circulation Element as a basis. It is anticipated that the funds will be allocated in the following manner: Percent Type of Improvement 60 Maintenance, Rehabilitation and Repair of Existing Roadways 20 Traffic Signa] Improvements and Maintenance ] 0 Street Widening and Drainage Improvements 10 Concrete Services (ADA, Repair and Sidewalks) llllllllllllllil ~".~ ~ \ Illuuullnlll Inuullunul ~ .Ill,lllllnll~ ~r.r.w...'....~-~ ltll In ~ 111 ~ ~ 111 ~r~orlne nmlamn [F~ ~ I _ ~ ~ ~ L-1 1l I II `„ ~ II `: II ~ ~ I I ~ I I r'~--~-' ,~ ~ Z ^ ` ~ ~ ~ ~ ~ ~ ~ ~ ~ 1 ^\ ~ ~ J Illll ~ II111 a nQ ~ .._.._.. _ ,` ~ ;~ ~ .~ ~ ~., ~~ ^ 3nY AMI39A l ~ ^ - : - ~pp~ ^ -~C ~I ^ I'anv aivew~w 0 ~_. .~ N I '3/~V NY[ )~ N ~ ~ ~ '+j~~_i6 .N I I~~ r ~__~ M ...., ~ ~ I L..~'~' _..«~' ull~~ illul ..I.. S '3ntl 'nnie A33117 AtlQ P-94 ~- N M ~ V1 O ~ N M 'f ~~~~~ ~ z ~~ ~ Z ~ ~' N W ~~ W ~ ~ H ~ J ~ ~ ~ ~O -+ W ~ ~ Al[Il0',{I ~ ~ ~ -F I `" ~n ~>a„~ i~ _ ~ ~ Y ~ -- ~ ~ ~ ~ d~ ~~ ~I~ ~" l r If]1N3J II N m ~ •~ I __ _ _ -' I •3nr vroiiva ~ 3nv~ ~ Hive ~Ij uLN +~ r . . ..~...~~ oxz 0 z ~~~ U ~ U STAFF REPORT ENGIVEERLNG SERVICES DEPARTMENT Date: September 1, 2010 To: .Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Walter C. Stickney, Associate Engineer P-95 \ ~~ j2ANCHo CliCAMONGA Subject: APPROVAL OF THE ATTACHED RESOLUTION AUTHORIZING THE CITY'S FINANCE DIRECTOR TO FILE AND SIGN A CLAIM FOR REIMBURSEMENT OF LOCAL TRANSPORTATION FUND, ARTICLE 3 FUNDS THAT THE SAN BERNARDINO ASSOCIATED GOVERNMENTS HAD SET ASIDE FOR CONSTRUCTION OF THE CITY'S PACIFIC ELECTRIC INLAND EMPIRE TRAIL, PHASES 4A and' 46 RECOMMENDATION Staff recommends that the City Council approve the attached resolution authorizing the City's Finance Director to file and sign a claim for Local Transportation Fund (LTF} Article 3 funds that the San Bernardino Associated Governments had set aside for the construction of the Pacific Electric Inland Empire Trail, Phase 4a and 4b. BACKGROUND/ANALYSIS The City had previously submitted applications to the San Bernardino Associated Governments (SANBAG} for LTF Article 3 funds to help defray the costs for constructing the Pacific Electric Inland Empire Trail, Phases 4a and 4b. The Phase 4a project limits extend from Grove Avenue to Vineyard Avenue while Phase 4b went from Vineyard Avenue to Amethyst Avenue. SANBAG approved the City's application and authorized $1,315,000.00 and $1,000,000.0 to be set aside for the construction of the Pacific Electric Inland Empire Trail, Phases 4a and 4b, respectively. To take advantage of the "economy of scale", Phases 4a and 4b were bid as a single project. Now that construction of the Pacific Electric Inland Empire Trail, Phases 4a and 4b, has been completed, the City seeks to file a claim with SANBAG for reimbursement of the LTF Article 3 funds. Because of Local Matching Fund commitments promised by the City in the applications, the maximum reimbursement the City may seek is $1,408,552.00. One of the SANBAG requirements for reimbursement is the submittal of a certified copy of a City Council of the City of Rancho Cucamonga resolution authorizing the City's Finance Director to file and sign a claim for reimbursement. Respec submitted, Mark A. Steuer Director of Engineering Services/City Engineer MASNVCS:Is Attachments: Vicinity Map and Resolution P-96 CITY OF RANCHO CUCAMONGA ` VICINITY MAP r .1 ._~. tip. ': _ ., ~.. - PACIFIC ELECTRIC TRAIL, - PHASES 4A AND 4B f''TTY nTi' 17 n rrrvn rTT!'~ A A.f /l AT!'~ . P-97 RESOLUTION NO. l0-l~// A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE CITY'S FINANCE DIRECTOR TO FILE AND SIGN A CLAIM FOR REIMBURSEMENT OF LOCAL TRANSPORTATION FUND, ARTICLE 3 FUNDS THAT THE SAN BERNARDINO ASSOCIATED GOVERNMENTS HAD .SET ASIDE FOR THE CONSTRUCTION OF THE PACIFIC ELECTRIC INLAND EMPIRE TRAIL, PHASES 4A AND 4B WHEREAS, the City of Rancho Cucamonga is eligible to receive Local Transportation Fund (LFT) Article 3 funds, administered through the San Bernardino Associated Government (SANBAG), as reimbursement for the costs of constructing the Pacific Electric Inland Empire Trail, Phases 4a and 4b Projects and NOW, THEREFORE, BE tT RESOLVED that the City Council of the City of Rancho Cucamonga authorizes the City's Finance Director to file a claim for reimbursement of LFT Article 3 funds for the construction of the Pack Electric Inland Empire Trail, Phases 4a and 46 and BE IT FURTHER RESOLVED that the Finance Director is hereby authorized to sign the above mentioned claim. By order of the Council of the City of Rancho Cucamonga, California. Dated this 1n day of September, 2010 PASSED AND ADOPTED by the Council of the Clty of Rancho Cucamonga, California, this 1s` day of September, 2010. Donald J. Kurth, M.D. Mayor ATTEST: Janice C. Reynolds, City Clerk RESOLUTION NO. September 1, 2010 Page 2 I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 1~' day of September, 2010. Executed this 1 ~' day of September, 2010, at Rancho Cucamonga, California. P-98 Janice C. Reynolds, City Clerk STAFF REPORT ENGINEERING SERVICF,S DEP~1R"I?vIENT Date: September 1, 2010 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Curt Billings, Associate Engineer ~~ Shelley Hayes, Assistant Engineer ~ j-~-F P-99 RANCHO C,UCAMONGA Subject: ORDERING THE ANNEXATION OF THE CERTAIN TERRITORY KNOWN AS HAVEN AVENUE UNDERPASS PROJECT TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B, LOCATED ON HAVEN AVENUE BETWEEN 7T" STREET AND JERSEY BOULEVARD RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving the Haven Avenue Underpass Capital Project into the Landscape Maintenance District No. 36 and ordering the maintenance annexations to the work program. BACKGROUNDIANALYSIS The Haven Avenue Underpass located on Haven Avenue between 7~' Street and Jersey Boulevard was constructed as a Capital Improvement Project. The landscaping consists of low maintenance ground cover plants, 24" box trees, 20 BTF date palm trees, 36" box trees, approximately 55,000 square feet of hardscape and a 2,400 square foot railroad bridge including artwork. Respectfully submitted, ar uer Director of Engineering ServiceslCity Engineer MAS/CB/SH:Is LOCATION CITY dF RANCHO CUCAMONGA HAVEN AVENUE GRADE SEPARATION VICINITY MAP P-101 Exhibit A Ident'rfication of the Owner and Description of the Property to be Annexed: The Owner of the Property is: City of Rancho Cucamonga The legal description of the Property is: THE EAST AND WEST PARKWAYS AND THE MEDIAN ON HAVEN AVENUE FROM 7T" STREET TO JERSEY AVENUE ALSO KNOWN AS HAVEN AVENUE UNDERPASS Assessor's Parcels Numbers of the Property: NOT APPLICABLE -PUBLIC RIGHT-OF-WAY P-102 Exhibit B Description of the District Improvements Fiscal Year 2010/2011 Landscape Maintenance District No. 36 (Commercial Industrial Maintenance District) Landscape Maintenance District No. 36 (Commercial Industrial Maintenance District) (the "Maintenance District") represents landscape sites throughout the Commercial/Industrial Maintenance District. The various landscape sites that are' maintained by this district consist of median islands, parkways, street trees and entry monuments. Proposed additions to the Improvements for Haven Avenue Underpass Construction Project includes, but is not limited to: 18 Phoenix dactilifera Date Palm Trees 20 BTF 191 24" box trees Magnolia grandiflora 'Majestic Beauty', Bracychiton pcpulous and Platanus racemosa 67 36" box trees Magnolia.grandiflora 'Majestic Beauty' 55,058 square feet of Hardscape cobble paving 105,882 square feet ground cover area 2,400 square foot railroad bridge including artwork P-7 03 RESOLUTION NO. /(J-/yz A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL INDUSTRIAL MAINTENANCE DISTRICT) FOR HAVEN AVENUE UNDERPASS CAPITAL PROJECT WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act", said special maintenance district known and designated as Landscape Maintenance District No. 36 (Commercial Industrial Maintenance District) (the "District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and 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 Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual. assessments for the District on the territory proposed to be annexed to such District; 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 District in order to provide for the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: This legislative body hereby orders the annexation of the Territory to the District, and approves the maintenance of the Improvements. SECTION 3: All future proceedings of the District shall be applicable to the Territory. P-104 RESOLUTION NO. September 1, 2010 Page 2 PASSED, APPROVED AND ADOPTED this day of AYES: NOES: ABSENT: ABSTAINED: Donald J. Kurth, M.D., Mayor ATTEST: Janice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of. Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 1 si day of September, 2010. Executed this 1 st day of September, 2010, at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk STAFF REPORT ENGINEERR~'G SERVICES DEP~IRTME?vT Date: To: From: By: Subject: September 1, 2010 Mayor and Members of the City Council Jack Larn, AICP, City Manager P-105 ~~ ter` ; RANCHO G'UCAMONGA Mark A. Steuer, Director of Engineering Services/City Engineer Jerry A. Dyer, Senior Civil Enginee 6~ Shelley Hayes, Assistant Engineer RELEASE OF FAITHFUL PERFORMANCE BOND NO. 7607664, RETAINED IN LIEU OF MAINTENANCE GUARANTEE BOND IN THE AMOUNT OF $239,300.00, FOR THE ARROW ROUTE PAVEMENT REHABILITATION FROM MILLIKEN AVENUE TO ROCHESTER AVENUE, CONTRACT NO. 09- 177 RECOMMENDATION It is recommended that the City Council authorize the City Clerk to release the Faithful Performance Bond No. 7607664, retained in lieu of Maintenance Guarantee Bond in the amount of $239,300.00, for the Arrow Route Pavement Rehabilitation from Milliken Avenue to Rochester Avenue, Contract No. 09-177. BACKGROUNDlANALYSIS The required one-year maintenance period has ended and the improvements remain free from defects in materials and workmanship. Contractor: Silvia Construction Inc. 9007 Center Avenue Rancho Cucamonga, CA 91730 Respectfully submitted, Mark A. Steuer Director of Engineering Services/City Engineer MAS/JAD/SH:Is P-106 n RANCHO CUCAMONGA ~u HILLSI E t~D, `, ~ 0~~ 5T o^ A~ 00~ 5 30 2~. c3 N ~ ~ LINE D ~ff r ~I~ IHUR ST FOdTHILL BLVD ~ ~^~^ PARK .J ti ~~~~uuu 6TH ST ~J ~~ ~~nn .4TH ST .._.. .. _._.. ~~^~ 9TH O s $~~ NOT TO P-107 STEiFF REPOl~T ENGINEERING DEP.IRTME\7 Date: September 1, 2010 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Carlo Cambare, Engineering Technician J ~- _ ~~ RANCxo G'UCAMONGA Subject: RELEASE OF MAINTENANCE GUARANTEE BOND FOR DRC2006-00866, LOCATED ON THE NORTH SIDE OF 6TH STREET, WEST OF ETIWANDA AVENUE, SUBMITTED BY RWC ENTERPRISES, INC It is recommended that City Council authorize the City Clerk to release the Maintenance Guarantee Bond, for DRC2006-00666, located on the north side of 6th Street, west of Etiwanda Avenue, submitted by RWC Enterprises, Inc BACKGROUNDIANALYSIS The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. DEVELOPER RWC Enterprises, Inc 9130 Santa Anita Avenue Rancho Cucamonga, CA 91730 Release: Maintenance Guarantee Bond #734024S $6,200.00 Respectful) submitted, Mark A. Steuer Director of Engineering Services/City Engineer MAS:CC/alnv Attachment(s) P-108 P147 PROJECT SIT ~} ~ -:'2+ 41LLSI E I RD ILSO AVE . _, ~F w ~ 't BANY T < a ~~ ~0^ Av ~~ ~ '~~ s a HiGHLAN b i9TH ST 30 ~ Z ~ ~:. ~'-,~ ~ _ ~ VICTORIA PAf i BASE INE RD ~~ ~ ~ HtIR H~ ST ~ ~ ~ C m r~ IL ~^^~I '' iC~L=.J 6 (~] ^ > ~> ~I ,,,I j f05 D CI DARK W DRi ST J w w Q A N CITY OF RANCHO CUCAMOh'GA ITEM ~lPC2OO~j-CI/fgS~ TITLE ~/ //1//]`~ t~i~P ENGINEERLNG DMSION STAFF REPORT ENGINEER]NG DEPARTMENT Date: September 1, 2010 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Carlo Cambare, Engineering Technician P-109 RANCHO C,UCAMONGA Subject: ACCEPT IMPROVEMENTS, RETAIN THE FAITHFUL PERFORMANCE BOND IN LIEU OF A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR DRC2007-00455, LOCATED AT 6541 WOODRUFF PLACE, SUBMITTED BY TA CONSTRUCTION RECOMMENDATION The required improvements for TA Construction have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to retain the Faithful Performance Bond in lieu of. a Maintenance Bond. BACKGROUNDIANALYSIS As a condition of approval of completion of TA Construction, located at 6541 Woodruff Place, the applicant was required to complete street improvements. The improvements have been completed and it is recommended that the City Council retain the existing Faithful Performance Bond in lieu of a Maintenance Bond. Respectfully submitted, ....-.R .. a euer Director of Engineering Services/City Engineer MAS:CC/alnv Attachment(s) EXHIBIT A VICINITY MAP MT PALOMAR SS ^yY MT BALDWIN C7- I I a'' m ~ a~ -~ ~ U HILLVIE`N L ~ ~; m~ v r ' v U ti I ~ Zi r MT RITTER ST ~ N ~ i ~ ~ ~ a = PINNACLE PEAK CT ~ m i r I-75 FWY HIGHLAND AV DRC2007-00455 COTTOfy 00~ CLOUp pR C A ~~ ~O ^a FALL NG STAR CT TRFV T D ~ ~~ UDC Z 2~i (7 ~ ~ City of Rancho Cucamonga Engineering Services Division DRC2007-00455 VICINITY MAP (Not to Scale) P-110 P-111 RESOLUTION NO. J Q-1 y3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2007-00455 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for DRC2007-00455 have been completed to the satisfaction of the City Engineer; and complete. WHEREAS, a Notice of Completion is required to be filed, certifying the work is NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. S'T'AFF REPOR'T' EN G W PEKING DEPAR'IT4ENT Date: September 1, 2010 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering ServiceslCity Engineer By: Carlo Cambare, Engineering Technician P-112 1J t; ~r RANCHO C,,UCAMONGA Subject: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR -IMPROVEMENTS FOR TRACT 15982-1 LOCATED AT TFiE NORTHEAST CORNER OF DAY CREEK BOULEVARD AND WILSON AVENUE, SUBMITTED BY KB HOME GREATER LOS ANGELES, INC RECOMMENDATION The required improvements for Tract 15982-1 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond and accept a Maintenance Bond. BACKGROUND/ANALYSIS As a condition of approval of completion of Tract 15982-1, located at the northeast corner of Day Creek Boulevard and Wilson Avenue, the applicant was required to complete improvements. The improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Bond and accept the Maintenance Bond. Developer: 36310 Inland Valley Drive Wildomar, CA 92595 Release: Faithful Performance Bond #SU 5011159 (Bond No.) Accept: Maintenance Bond # SU 5011159 (Bond No.) Respectfully submitted, .~ .-~./~/'Z'..'~~ r Director of Engineering Services/City Engineer MAS:CC/alrw 51,416,000.OD X141,600.00 Attachment(s) P-113 RESOLUTION NO. ~ 0- ~y Lj A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 15982-1 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Tract 15982-1 have been completed to the satisfaction of the City Engineer; and complete. WHEREAS, a Notice of Completion is required to be filed, certifying the work is NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. P-114 STAFF REPORT ENGINEERING DEPARTMENT Date: September 1, 2010 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Carlo Cambare, Engineering Technician ~~ , RANCHO ~;UCAMONGA Subject: RELEASE OF RETENTION BASIN MAINTENANCE CASH DEPOSIT (INTERIM DETENTION BASIN) FOR TRACT 15982-1, LOCATED AT THE NORTHEAST CORNER OF DAY CREEK BOULEVARD AND WILSON AVENUE, SUBMITTED BY KB HOME GREATER LOS ANGELES, INC RECOMMENDATION It is recommended that City Council authorize the release of the Maintenance Cash Deposit {Interim Detention Basin), for Tract 15982-1, located at the northeast corner of Day Creek Boulevard and Wilson Avenue, submitted by KB Home Greater Los Angeles, Inc BACKGROUND/ANALYSIS The developer installed an interim detention basin to facilitate the drainage for the subdivision. A cash deposit was collected to maintain said basin. Permanent drainage improvements have since been installed and the interim basin is no longer needed and has been filled in. DEVELOPER KB Home Greater Los Angeles, Inc 3&310 Inland Valley Drive Wildomar, CA 92595 Release: Maintenance Guarantee Cash Deposit Respectfully submitted, Mark euer Director of Engineering Services/City Engineer MAS:CC/alrw #CR94169 $10,000.OD Attachment(s) SITE LOCATI01 I l i a i ~p 3 i~ ~--~~' ~ w u II ~ ~ ~ ~ h~ i, .I ~ III. F-115 I 1 I 1~J 1--r---1 I--J ~ '~"~ i i fl"Tll i~ City of Rancho Cucamonga Engineering Division Tide 1121ti~-{' 15~ga Ezh~hit N v1C11'1.1t~ Ma~J w E s STAFF REP®RT FNGINFBRING DEPARTMENT Date: September 1, 2010 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Carlo Cambare, Engineering Technician P-7 7 6 ~i ~-' ~;-, RANCHO C,UCAMONGA Subject: RELEASE OF MAINTENANCE GUARANTEE CASH DEPOSIT FOR PARCEL MAP 16767, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD, WEST OF ETi~VANDA AVENUE, SUBMITTED BY CAROLINE LEE RECOMMENDATION It is recommended that City Council authorize the City Clerk to release the Maintenance Guarantee Cash Deposit, for PARCEL MAP 16767, located on the north side of Foothill Boulevard, west of Etiwanda Avenue, submitted by Caroline Lee BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. DEVELOPER Caroline Lee 1159 S. Ardmore Avenue Los Angeles, CA 90006 Release: Maintenance Guarantee Cash Deposit Respectfully submitted, .f'"~. Mark A. euer Director of Engineering Services/City Engineer MAS: CC/alnru #CR132056 $34,550.00 (receipt no.) Attachment(s) P-117 W Ji FOOTHILL 15 Cary or RANCHO CLJCAMONGA EiVGWEERING DIViSTON BASEL ®LVD ROAD Q 66 z w a rTEn~r: F'i~°°! < ~ ~~' T N W STAFF REPORT ENGINEERSNG DEP.9R'P.vIHNT Date: September 1, 2010 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Carlo Cambare, Engineering Technician P-118 ~' `,r RANCHO cUCAMONGA Subject: RELEASE OF MAINTENANCE GUARANTEE BOND FOR PARCEL MAP 17818, LOCATED AT THE SOUTHEAST CORNER OF FOOTHILL BOULEVARD AND ROCHESTER AVENUE, SUBMITTED BY FOOTCHESTER PARTNERS I, LLC RECOMMENDATION It is recommended that City Council authorize the City Clerk to release the Maintenance Guarantee Bond, for Parcel Map 17818, located at the southeast corner of Foothill Boulevard and Rochester Avenue, submitted by Footchester Partners I, LLC BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. DEVELOPER Footchester Partners I, LLC 8311 Haven Avenue, Suite 200 Rancho Cucamonga, CA 91730 Release: Maintenance Guarantee Bond #734215S (Bond No.) Respectfully submitted, er . Director of Engineering Services/City Engineer MAS:CC/alrw $66, 830.00 Attachment(s) N CITY OF ~ ITEM: ~~ / ~~~~ RANCHO CUCAMONGA TzTLE: V/C//V /T Y /~ii~ ENGINEERING DMSION P-120 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: John R. Gillison, Assistant City Mana Linda D. Daniels, Deputy City Manag con a - mmunity Development Services By: William Wittkopf, Public Works Services Director Ingrid Y. Bruce, GIS/Special Districts Manager Subject: CONSIDERATION OF ALTERNATE FORMS OF RESOLUTIONS TO DECLARE THE RESULTS OF THE ASSESSMENT BALLOT TABULATION FOR PROPOSED LANDSCAPE MAINTENANCE DISTRICT NO. 6-R. RECOMMENDATION It is recommended that the City Council open the public hearing, take testimony on the proposed Landscape Maintenance District No. 6-R ("LMD 6-R") and immediately following the conclusion of the public testimony direct the tabulation of the assessment ballots to begin. After the tabulation of the assessment ballots for LMD 6-R is completed the City Clerk will make an oral report of the results to the City Council. Upon the announcement of the final ballot tabulation results, it is recommended that the City Council adopt and approve one of the alternate forms of the Resolution declaring the results of the ballots tabulation. If the majority of the weighted ballots are in support of the levy of assessments within LMD 6-R the City Council may, in its discretion, adopt the form of resolution approving the Engineer's Report, confirming the Diagram and assessment and ordering the levy and collection of the annual assessments. If on the other hand, the majority of the weighted ballots are in opposition to the levy of assessments resulting in the existence of a majority protest, the City Council must adopt the form of resolution declaring the existence of such a majority protest and abandoning the proceedings to form LMD 6-R. BACKGROUND On October 7, 2010, the City Council approved (1) a Resolution initiating proceedings for the formation of Landscape Maintenance District No. 6-R to replace Landscape Maintenance District No. 6; the levy of annual assessments therein and ordering the preparation of an Assessment Engineer's Report; and (2) a Resolution preliminarily approving the Assessment Engineer's Report and the levy and collection of annual assessments and setting a time and place for a public hearing including the initiation of assessment ballot procedures. Pursuant to the Assessment Law (collectively, Article XIIID of the California Constitution, the Proposition 218 Omnibus Implementation Act and the Landscaping and Lighting Act of 1972) for LMD No. 6-R, assessment ballots and notices of the public hearing and assessment ballot proceedings were mailed to the property owners of record on July 12, 2010. P-121 Consideration of Alternate Forms of Resolutions to Declare the Results of the Assessment Ballot Tabulation for Proposed Landscape Maintenance District No. 6-R. September 1, 2010 Page 2 In order to be tabulated, property owners' assessment ballots must be received by the City prior to the close of the public hearing. Following the conclusion of the public hearing, the assessment ballots timely received will be tabulated. Each assessment ballot is weighted by the amount of the proposed assessment on the parcel for which the assessment ballot is submitted. If a majority of the weighted ballots returned supports the proposed assessment for LMD 6-R a majority protest will not exist and the City Council will have the authority to confirm the assessments and approve the Engineer's Report and approve and adopt the form of Resolution to levy and collect assessments beginning in Fiscal Year 2010/2011. If, however, a majority of the weighted ballots returned opposes the proposed assessment a majority protest will exist and the City Council will not have the authority to confirm the assessments and approve the Engineer's Report and should instead approve and adopt the form of Resolution declaring that a majority protest to the proposed assessment exists and that the proceedings to form LMD 6-R and to levy the proposed assessment within LMD 6-R are abandoned and the original LMD 6 remains in effect. Attachments: Resolutions Engineer's Report P-122 RESOLUTION NO. ~~-~~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION, APPROVING THE ENGINEER'S REPORT, FORMING LANDSCAPE MAINTENANCE DISTRICT NO. 6-R, ORDERING MAINTENANCE WORK THEREIN, CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF AN ANNUAL ASSESSMENT THEREIN WHEREAS, the City Council of the City of Rancho Cucamonga (the "City'), California, has previously initiated proceedings, by Resolution No. 10-121 on July 7, 2010, to consider the formation of a landscape maintenance district to replace existing Landscape Maintenance District No. 6 and the levy of assessments therein for the purpose of financing the increased costs of maintenance and servicing of certain landscape improvements pursuant to the terms and provisions of the Landscaping and Lighting Act of 1972 (Streets & Highways Code Section 22500 and following) (the "1972 Act"), Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) ("Proposition 218" and, together with the 1972 Act and Article XIIID, the "Assessment Law") such proposed landscape maintenance district known and designated as Landscape Maintenance District No. 6-R (the "District"); and, WHEREAS, the City Council did order and subsequently receive an Assessment Engineer's Report (hereafter referred to as the "Engineer's Report") prepared by NBS in accordance with the Assessment Law; and, WHEREAS, the Engineer's Report has been made a part of the record of these proceedings and is on file in the office of the City Clerk of the City (the "City Clerk"); and, WHEREAS, on July 7, 2010 by adoption of Resolution No. 10-122, the City Council (a) set the time and place for conducting a public hearing for the purpose of hearing protests to the proposed maintenance and servicing of the improvements and the assessment proposed to be levied on land within the District and (b) ordered that the record owner of each parcel proposed to be assessed have the right to submit an assessment ballot in favor of or in opposition to the assessment proposed to be levied on such parcel; and WHEREAS, notices of such hearing accompanied by assessment ballot materials were regularly mailed to each such record owner in the time, form and manner required by the Assessment Law, a full hearing has been given, and at this time all assessment ballots submitted pursuant to the Assessment Law have been tabulated by the tabulation official appointed by the City (the "Tabulation Official"), all in the manner provided by the Assessment Law; and, WHEREAS, the Tabulation Official has prepared and submitted to this legislative body a Certificate of Tabulation Official and Statement of Assessment Ballots Submitted (the "Certificate of the Tabulation Official"), a copy of which is attached as Exhibit A hereto and incorporated herein by this reference, which reflects the results of the tabulation of the assessment ballots; and WHEREAS, this City Council is now satisfied with the assessment and all matters contained in the Engineer's Report as submitted. P-123 NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, DOES HEREBY RESOLVE as follows: 1. The above recitals are all true and correct. 2. The City Council hereby finds and determines that the procedures for the consideration of the formation and the levy of annual assessments within the District have been undertaken in accordance with the Assessment Law. 3. The Engineer's Report, as now submitted, is hereby approved and such Report shall stand as the report as required by the Assessment Law for all future proceedings for this Assessment District. 4. Assessment ballots were mailed, as required by the Assessment Law, to the record owners of all properties proposed to be assessed within the District. The assessment ballots that were completed and received by the City Clerk, prior to the close of the Public Hearing, have been tabulated in accordance with the procedures established under the Assessment Law and the results of such tabulation have been submitted to this City Council. This City Council hereby finds that the assessment ballots submitted in favor of the levy of assessments exceed the assessment ballots submitted in opposition to such levy as weighted by assessment amount in accordance with the Assessment Law. Therefore, no majority protest to the levy of assessments within the District has been found to exist. 5. The City Council hereby orders the formation of the District. 6. Based upon the Ergineer's Report and the testimony and other evidence presented at the Public Hearing, the City Council hereby makes the following determinations regarding the assessments to be levied for Fiscal Year 2010!11. a. The proportionate special benefit derived by each assessable parcel from the maintenance and servicing of the improvements has been determined in relationship to the entirety of the cost of such maintenance and service expenses. b. The assessments do not exceed the reasonable cost of the proportional special benefit conferred on each parcel. c. Only special benefits have been assessed. d. Publically owned parcels within the District that derive special benefit from the maintenance and servicing of the improvements have been assessed for such special benefit. The assessments for the District contained in the Engineer's Report for Fiscal Year 2010/11 are hereby confirmed and levied upon the respective lots or parcels within the District as set forth in said Engineer's Report.. Subsequent annual assessments, in amounts not to exceed an established maximum annual assessment may be confirmed and levied without further assessment ballot proceedings pursuant to the Assessment Law. Each fiscal year beginning Fiscal Year 2011/12, the maximum amount of each assessment (the "Maximum Assessment") may be increased by the lesser of 3.0% or the percentage change in the year ending February, preceding the start of the fiscal year, of the Consumer Price Index for all Urban Consumers (CPI-U) for Los Angeles - Riverside -Orange County area without further compliance with the assessment ballot procedures required under the Assessment Law. P-124 7. The public interest and convenience requires and this legislative body does hereby order the maintenance work to be made and performed as set forth in the Engineer's Report. 8. The diagram and assessment shall be filed in the Office of the City Clerk. Said diagram and assessment, and the certified copy thereof, shall be open for public inspection. 9. The City Clerk is hereby ordered and directed to immediately file a certified copy of the diagram and assessment with the County Auditor. 10. After the filing of the diagram and assessment, the County Auditor shall enter onto the County assessment roll opposite each lot or parcel of land, the amount assessed thereon as shown in the assessment. 11. The assessments shall be collected at the same time and in the same manner as County secured taxes are collected and all laws providing for the collection and enforcement of County taxes shall apply to the collection of the assessments. 12. The assessments as above confirmed and levied for these proceedings will provide revenue to finance the maintenance of authorized improvements in the fiscal year commencing July 1, 2010 and ending June 30, 201 t 13. From and after the date on which any action to challenge the validity of these proceedings, the formation of the District or the levy of assessments therein may be filed, or any such action having been timely filed, a final judgment is entered into upholding the validity of such proceedings, such formation and the levy of such assessments, the District shall replace and supersede Landscape Maintenance District No. 6 and the City Council shall cease to levy assessments for Landscape Maintenance District No. 6 and shall undertake such action as may be necessary to dissolve Landscape Maintenance District No. 6. APPROVED and ADOPTED this day of 2010. Donald J. Kurth, M.D., Mayor City of Rancho Cucamonga, California ATTEST: Janice C. Reynolds, City Clerk P-125 Exhibit A Certificate of Tabulation Official and Statement of Assessment Ballots Submitted STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) ss. CITY OF RANCHO CUCAMONGA ) The undersigned, the duly authorized tabulation official appointed by the City Council of the City of Rancho Cucamonga, DOES HEREBY CERTIFY that pursuant to the provisions of Article XIIID of the Constitution of the State of California and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following), I did tabulate the assessment ballots timely submitted in .the assessment ballot proceedings pertaining to Landscape Maintenance District Nn. 6-R. I FURTHER CERTIFY that this Statement of Assessment Ballots Received shows the assessment ballots submitted in favor of the proposed assessment and the assessment ballots submitted in opposition to the proposed assessment, each total weighted according to the financial obligation of the affected properties for which the assessment ballots were submitted. Total assessment ballots distributed 1,277 Total assessment ballots received Assessment ballots received in favor of the proposed assessment: Weighted value of assessment ballots received in favor of the proposed assessment Assessment ballots received in opposition to the proposed assessment: Weighted value of assessment ballots received in opposition to the proposed assessment This certification is executed this day of _, 2010 in ,California. By: Title: P-126 RESOLUTION NO. /O'/~/(~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION IN PROPOSED LANDSCAPE MAINTENANCE DISTRICT NO. 6-R, DETERMINING THE EXISTENCE OF A MAJORITY PROTEST AND ABANDONING THE PROCEEDINGS TO FORM SUCH LANDSCAPE MAINTENANCE DISTRICT AND TO LEVY ASSESSMENTS THEREIN WHEREAS, the City Council of the City of Rancho Cucamonga (the "City'), California, has previously initiated proceedings to consider the formation of a landscape maintenance district and the levy of assessments therein for the purpose of financing the maintenance and servicing of certain landscape improvements in a special assessment district pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972" (Streets & Highways Code Section 22500 and following) (the "1972 Act"), Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act" and, together with the 1972 Act and Article XIIID, the "Assessment Law") such assessment district known and designated as Landscape Maintenance District No. 6-R (the "Landscape Maintenance District"); and, WHEREAS, on July 7, 2010 by adoption of Resolution No. 10-122, the City Council (a) set the time and place for conducting a public hearing for the purpose of hearing protests to the proposed maintenance and servicing of the improvements and the assessment proposed to be levied on land within the Landscape Maintenance District and (b) ordered that the record owner of each parcel proposed to be assessed have the right to submit an assessment ballot in favor of or in opposition to the assessment proposed to be levied on such parcel; and WHEREAS, notices of such hearing accompanied by assessment ballot materials were regularly mailed to each such record owner in the time, form and manner required by the Assessment Law, a full hearing has been given, and at this time all assessment ballots submitted pursuant to the Assessment Law have been tabulated by the tabulation official appointed by the City (the "Tabulation Official"), all in the manner provided by the Assessment Law; and, WHEREAS, the Tabulation Official has prepared and submitted to this legislative body a Certificate of Tabulation Official and Statement of Assessment Ballots Submitted (the "Certificate of the Tabulation Official"), a copy of which is attached as Exhibit A hereto and incorporated herein by this reference, which reflects the results of the tabulation of the assessment ballots; and WHEREAS, at this time based upon the Certificate of Tabulation Official this City Council determines that the assessment ballots received by the City in opposition to the proposed assessment and weighted as required by the Assessment Law exceed the assessment ballots received in favor of the assessment and similarly weighted and, therefore, a majority protest pursuant to the Assessment Law does exist; and WHEREAS, as a result of the existence of such majority protest, the Assessment Law prohibits this City Council from forming the Landscape Maintenance District and levying the proposed assessments therein; and P-127 WHEREAS, as the further result of the existence of such majority protest, this City Council desires to abandon the proceedings to form the Landscape Maintenance District and to levy assessments therein. NOW, THEREFORE, be it resolved by the City Council of the City of Rancho Cucamonga as follows: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Assessment Ballot Tabulation. The assessment ballots submitted pursuant to the Assessment Law in opposition to the proposed assessment and weighted as required by the Assessment Law exceed the assessment ballots submitted in favor of the proposed assessment and similarly weighted and it is therefore determined pursuant to Assessment Law that a majority protest does exist. SECTION 3. Abandonment of Proceedings. As a result of the existence of a majority protest to the levy of assessments within the proposed Landscape Maintenance District that prohibits this City Council from forming the Landscape Maintenance District and levying assessments therein as proposed, this City Council hereby orders that all proceedings to form the Landscape Maintenance District and levy assessments therein as proposed be abandoned. SECTION 4. Landscape Maintenance District No. 6. As a result of the existence of the majority protest and the abandonment of the proceedings to form the Landscape Maintenance District and to levy assessments therein, Landscape Maintenance District No. 6 which would have been replaced by the Landscape Maintenance District shall remain in full force and effect and the City may continue to levy assessments within Landscape Maintenance District No. 6 as authorized pursuant to the Assessment Law. PASSED, APPROVED AND APPROVED this day of , 2010. Mayor Attest: City Clerk P-128 Exhibit A Certificate of Tabulation Official and Statement of Assessment Ballots Submitted STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF RANCHO CUCAMONGA ) The undersigned, the duly authorized tabulation official appointed by the City Council of the City of Rancho Cucamonga, DOES HEREBY CERTIFY that pursuant to the provisions of Article XIIID of the Constitution of the State of California and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following), I did tabulate the assessment ballots timely submitted in the assessment ballot proceedings pertaining to Landscape Maintenance District No. 6-R. I FURTHER CERTIFY that this Statement of Assessment Ballots Received shows the assessment ballots submitted in favor of the proposed assessment and the assessment ballots submitted in opposition to the proposed assessment, each total weighted according to the financial obligation of the affected properties for which the assessment ballots were submitted. Total assessment ballots distributed 1277 Total assessment ballots received Assessment ballots received in favor of the proposed assessment: Weighted value of assessment ballots received in favor of the ro osed assessment Assessment ballots received in opposition to the proposed assessment: Weighted value of assessment ballots received in 0 osition to the ro osed assessment This certification is executed this California. By: Title: day of 2010 in A-1 P-129 City of Rancho Cucamonga i.andscape Maintenance District No. o-R (Caryn Planned Community) Fiscal Year 2010/11 Engineer's Report July, 2010 g Main Office 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 800.676.7516 Submitted by BIB Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102 800.434.8349 P-130 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 6-R 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2755 clrY couNCIL Donald J. Kurth, M.D., Mayor L. Dennis Michael, Mayor Pro Tem Rex Gutierrez, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF Jack Lam, AICP, City Manager John R. Gillison, Assistant City Manager Linda D. Daniels, Deputy City Manager William Wittkopf, Public Works Director Jeffrey Barnes, Park and Landscape Superintendent Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III NBS Pablo Perez, Client Services Director K. Dennis Klingelhofer, P.E., Assessment Engineer Tiffany Ellis, Financial Analyst P-131 TABLE OF CONTENTS 1. ENGINEER'S LETTER 2. INTRODUCTION 1-1 2-1 2.1. Background of District .................................................................................. 2-1 2.2. Reason for Proposed Assessment .............................................................. 2-1 2.3. Process for Proposed Assessment .............................................................. 2-2 3. PLANS AND SPECIFICATIONS 3-1 3.1. Description of the Boundaries of the District ................................................ 3-1 3.2. Description of Improvements and Services .................................................. 3-1 3.3. Map of Improvements .................................................................................. 3-5 4. ESTIMATE OF COSTS 4-1 4.1. District Budget ............................................................................................. 4-1 4.2. Definitions of Budget Items .......................................................................... 4-2 5. METHOD OF ASSESSMENT 5-1 5.1. General ....................................................................... .................................5-1 5.2. General Benefit ........................................................... ................................. 5-1 5.3. Special Benefit ............................................................ ................................. 5-2 5.4. Method of Assessment Spread ................................... ................................. 5-2 5.5. Cost of Living Inflator .................................................. ,................................ 5-4 6. ASSESSMENT DIAGRAM 6-1 7. ASSESSMENT ROLL 7-1 P-132 1. ENGINEER'S LETTER WHEREAS, on June 4, 1966 by Resolution No. 86-171, the City Council of the City of Rancho Cucamonga (the "City"), State of California, under the Landscaping and Lighting Act of 1972 (the "1972 Act") established Landscape Maintenance District known and designated as "Landscape Maintenance District No. 6", (hereafter referred to as "LMD 6"); and WHEREAS, on May 19, 2010, the City Council, under the 1972 Act, Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act ("Proposition 218"), (the 1972 Act, Article XIIID and Proposition 218 are collectively referred to as the "Assessment Law"), approved the commencement of Proposition 218 procedures for LMD 6 so that property owners may approve increased funding for the maintenance of improvements which provide special benefit to them; and WHEREAS, NBS has been directed to prepare and file an Engineer's Report. The purpose of the proposed assessment covered in this Engineer's Report is to replace the existing LMD 6 assessment for Fiscal Year 2010/11 and all subsequent years, and includes the reason for the proposed assessment, identifies the parcels upon which the assessment is proposed for imposition, and presents a basis upon which the assessment is to be calculated; and WHEREAS, the replacement Landscape Maintenance District, if approved by the property owners, is to be known and designated as "Landscape Maintenance District No. 6-R", (hereafter referred to as the "District"). If the proposed replacement District is not approved, the existing LMD 6 shall remain in place and the City may continue to curtail services to match the revenues provided by the existing LMD 6 assessments. NOW THEREFORE, the following assessment is proposed to be authorized in order to pay the estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment, based on the service level known as "A" Service Level. SUMMARY OF ASSESSMENT Description Fiscal Year 2010/11 Personnel Cost $10,470.00 Operations and Maintenance $397,622.00 Operating Reserve Collection 30.000.00 Estimated Costs and Expenses $438,092.00 Total District EDU Count 1,196.9725 Maximum Allowable Assessment Per EDU $366.00 Landscape Maintenance District No. 6-R-City of Rancho Cucamonga 1-1 Prepared by NBS -Fiscal Year 2010/11 P-133 In making the assessments contained herein pursuant to the Assessment Law: I identified all parcels which will have a special benefit conferred upon them from the improvements described in Section 3.2 to this Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in Section 6 of this Engineer's Report. 2. I have assessed the costs and expenses of. the improvements upon the Specially Benefited Parcels. In making such assessment: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Engineer's Report and, to the best of my knowledge, information and belief, the Engineer's Report, Assessments, and the Assessment Diagram herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. 1' ,~if'.....,~ .. ~,-~~~~ K. Dennis Klinge~~P.E., ssmern Engineer Landscape Maintenance District No. 6-R-City of Rancho Cucamonga 1-2 Prepared by NBS -Fiscal Year 2010/11 P-134 2. INTRODUCTION 2.1. Background of Disfrict LMD 6 was formed in 1966 to fnance the maintenance and operation of various landscaping improvements located within the boundaries of the district. At formation LMD 6 consisted of 235 parcels totaling 31.21 acres of land. Subsequently, the boundaries of LMD 6 were expanded through annexation until it reached its present day size of 1,273 single family residential parcels, 3 vacant residential parcels, and a school site. The last time assessment rates within LMD 6 were increased was in 1993, prior to the implementation of Proposition 218. 2.2. Reason for Proposed Assessment Approval of the proposed assessment covered by this Engineer's Report will generate the revenue necessary to: A. Provide for the continued maintenance and servicing of the improvements described in Section 3.2. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of water for the irrigation of landscaping, the furnishing of electricity, gas or other illuminating energy for the lighting of landscaping or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. B. Provide the means to pay for the increased cost of maintenance for all services currently provided. Currently, the assessment revenues generated based upon the existing assessments are not sufficient to pay for the costs of maintenance, labor, material and supplies, electricity, water and other items necessary for the satisfactory operation of the improvements. The City was required to deplete the LMD 6 Reserve Fund during the past year to offset the deficit in the assessment revenues in order to pay for the total costs to maintain the improvements at a "C" Service Level. Without increased assessments it will be necessary to further reduce the level of maintenance provided, thus jeopardizing the appearance of the landscaping improvements. The proposed assessment is necessary to provide the funds needed fora "A" Service Level of maintenance within the District. C. To add an annual cost of living inflator. Currently, LMD 6 does not have an annual cost of living inflator included in the method of assessment. The establishment of an annual escalation clause is necessary in order to help ensure that the District can continue the level of maintenance in future years as costs increase due to inflation or due to the increased cost of utilities beyond the City's control. Landscape Maintenance District No. 6-R -City of Rancho Cucamonga 2-1 Prepared by NBS -Fiscal Year 2010111 P-135 2.3. Process for Proposed Assessment The City cannot increase assessments within the District without complying with the procedures specified in Article XIIID and Proposition 218. The voters in the State of California in November 1996 added Article XIIID to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to the proposed assessment or increase in such assessment. The basic steps of the assessment ballot procedure are outlined below. The City must prepare a Notice of Public Hearing ("Notice'), which describes, along with other mandated information, the reason for the proposed assessments, and to provide a date and time of a public hearing to be held on the matter. The City must also prepare an assessment ballot, which clearly gives the property owner the ability to sign and mark their assessment ballot either in favor of, or in opposition tq the proposed assessment. The Notice and assessment ballot are mailed to each affected property owner within [he District a minimum of 45 days prior to the public hearing date as shown in the Notice. The City may also hold community meetings with the property owners to discuss the issues facing the District and to answer property owner questions directly: After the Notice and assessment ballot are mailed, property owners are given until the close of the public hearing, stated in the Notice, to return their signed and marked assessment ballot. During the public hearing, property owners are given the opportunity to address the City Council and ask questions or voice their concerns. At the public hearing, the returned assessment ballots received prior to the close of the public hearing are tabulated, weighted by ttie proposed assessment amount on each property and the results are announced by the City Council. Article XIIID provides that if, as a result of the assessment ballot proceeding, a majority protest is found to exist, the City Council shall not have the authority to increase the assessments as proposed. A' majority protest exists if the assessments represented by ballots submitted in opposition exceed those submitted in favor of the assessment. All returned ballots are tabulated and weighted according to the financial obligation of each particular parcel. If there is no majority protest as described above, the City Council may approve the proposed increase replacement assessments designated as Landscape Maintenance District No. 6-R. If there is a majority protest, as described above, the City will continue to levy the existing LMD 6 assessments. Landscape Maintenance District No. 6-R -City of Rancho Cucamonga 2-2 Prepared by NBS -Fiscal Year 2010/11 P-136 3. PLANS AND SPECIFICATIONS The District provides for the continued administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. 3.1, Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga. The boundaries of the District are generally described as that area located north of the I-210 Freeway, south of Banyan Street, west of Rochester Avenue and east of Milliken Avenue, also known as the Caryn Planned Community. The boundaries also include Tract No. 13835 east of Rochester Avenue and Tracts No. 13748, 13857 & 13858 west of Milliken Avenue. Zone 1 is the area generally located west of Rochester Avenue and east of Milliken Avenue. Zone 2 is the area generally located east of Rochester Avenue and west of Milliken Avenue. 3.2. Description of Improvements and Services The improvements maintained by the District include the paseos, community trails, trees, landscaped sites and appurtenant facilities that are throughout the Caryn Planned Community. These improvements are located within the street right-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements and facilities, such as community trails, fencing and irrigation systems, includes but is not limited td, grading and replacement of trail surtacing, trail fence repair and replacement, steel fence painting, repair and replacement, and irrigation systems control, adjustment, trouble-shooting, repair and replacement. Services include personnel, materials, contracting services, utilities, capital projects and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. The breakdown of maintained areas is as follows: Site # Descriptive Location CC-1 The Southside of Banyan St. from 1290 feet west of Milliken to Milliken. The west side of Milliken & median from Banyan St. to 292 south of Vintage Dr. Ground Cover area: 96.892 square feet Turf area: 17.945 square feet Hardscape area: 13.944 square feet CC-2 For information purposes: This site was deleted 7-1-00 and was combined with CC-1. CC-3 The paseo on the west side of Morning PI. from Morning PI. to Deer Creek Channel. Ground Cover area: 2801 square feet Turf area: 124 square feet Hardscape area: 4~squarefeet Landscape Maintenance District No. 6-R -City of Rancho Cucamonga 3-1 Prepared by NBS -Fiscal Year 2010/11 P-137 CC-4 The west side of Morning PI., from Banyan St. to Starview PI. The north side of Starview PI., from Morning PI, to Star View Ct. Ground Cover area: 14.273 square feet Turf area:' 5x513 square feet Hardscape area: 53000 square feet CC-5 Silver Sun paseo from the end of Silver Sun cul-de-sac to Deer Creek Channel. Ground Cover area: 25.690 square feet Turf area: 12.084 square feet Hardscape area: 13350 square feet CC-6 The east and west side of Netherlands View Loop from Vintage Dr. to Vintage Dr. The Netherlands View loop paseo from Netherlands View Loop to Mt Sterling Ct. Ground Cover area: 88.902 square feet Turt area: 676 square feet Hardscape area: 23,650 square feet CC-7 The east and west side of Hillview Loop from Mt. Rainer Ct. to Kettle Peak. Ground Cover area: 14.930 square feet Turf area: 63318 square feet Hardscape area: 12.236 square feet CC-8 The paseo from Hillview Loop to Vintage Dr. Ground Cover area: 42.107 square feet Turf area: 22.752 square feet Hardscape area: 43089 square feet CC-9 The south side of Vintage Dr. from 250 feet west of Hillview Loop to Hillview Loop. The west side of Hillview Loop from Vintage Dr. to Kettle Peak. The west side of Kettle Peak from Hillview Loop to Donner Pass Ct. The east side of Hillview Loop from Kettle Peak to Tioga Peak. Ground Cover area: 47,334 square feet Turt area: 4954 square feet Hardscape area: 93088 square feet CC-10 The east side of Terrace View Loop from Vintage Dr. to Butler Peak. The west side of Terrace View Loop from Rainbow Falls Ct. to Vintage Dr. Ground Cover area: 24.603 square feet Hardscape area: 10.760 square feet CC-11 The paseo from Caryn School to Banyan St. The south side of Banyan St. from the paseo to Rochester Ave. The east and west side of Mt. Baldy Ct. from Banyan St. to Sierra Crest View Loop. The north side of Sierra Crest View Loop from Hill[op Ct. to Woodland Ct. Ground Cover area: 47.507 square feet Turf area: 73870 square feet Hardscape area: 73825 square feet CC-12 The Separation Paseo from Vintage Dr. to Pinnacle Peak. Ground Cover area: 50.325 square feet Turf area: 15.021 square feet Hardscape area: 73675 square feet Landscape Maintenance District No. 6-R -City of Ranchc Cucamonga 3-2 Prepared by NBS -Fiscal Year 2010/11 P-138 CC-13 The east side of Hillview Loop from Tioga Peak Ct. to Vintage Dr. The south side of Vintage Dr. from Hillview Loop to Terrace View Loop. The north side of Vintage Dr. from Hillview Loop to Caryn School. The east side of Terrace View Loop from Vintage Dr. to Mt. San Antonio Ct. Ground Cover area: 26.162 square feet Turf area: 4y508 square feet Hardscape area: 12.928 square feet CC-14 The east side of Sierra Crest View Loop from Mt. Waverly to Vintage Dr. The north side of Vintage Dr. from Sierra Crest View Loop to Sierra Crest View Loop. The east and west side of Sierra Crest View Loop from Vintage Dr. to Mt. Wilson Ct. The south side of Vintage Dr. from Netherlands View Loop to 330 feet west of Netherlands View Loop. Ground Cover area: 73.250 square feet Turt area: 16.525 square feet Hardscape area: 9~5 square feet CC-15 The south side of Sierra Crest View Loop from Mt. Waverly Ct. to Mt. Cambridge Ct. The north side of Sierra Crest View Loop from Mt. Cambridge Ct. to Woodland Ct. The north side of Sierra Crest View Loop from Hilltop Ct. to Caryn School. The Sierra Crest View Loop paseo from Sierra Crest View Loop to Mt. Sherman Ct. Ground Cover area: 70.990 square feet Turf area: 7699 square feet Hardscape area: 20.055 square feet CC-16 The south side of Vintage Dr. from Netherlands View Loop to Rochester Ave. The north side of Vintage Dr. from Rochester Ave. to Sierra Crest View Loop. The east and west side of Sierra Crest View Loop from Mt. Wilson Ct. to Mt. Cambridge Ct. The Netherlands View Loop Paseo from Vintage Dr. to Mt. Sterling Ct. Ground Cover area: 77.202 square feet Turf area: 3954 square feet Hardscape area: 18.195 square feet CC-17 The east side of Milliken Ave. from Vintage Dr. to Banyan St. Ground Cover area: 13,740 square feet Turt area: 9y8 square feet Hardscape area: 6~ square feet CC-18 The north side of Vintage Dr. from Milliken Ave. to Hillview Loop. The south side of Vintage Dr. from 104 feet west of Hillview Loop to Milliken Ave. Ground Cover area: 32.287 square feet Turf area: 3889 square feet Hardscape area: 11.188 square feet CC-19 The Terrace View Loop paseo from Vintage Dr. to Terrace View Loop. Ground Cover area: 17,496 square feet Turt area: 15.617 square feet Hardscape area: 2y738 square feet CC-20 The east side of Terrace View Loop from Mt. San Antonio Ct. to EI Capitan Ct. The west side of Terrace View Loop from Butler Peak PI. to Mt San Antonio Ct. Ground Cover area: 20,627 square feet Turf area: 20.017 square feet Hardscape area: ]888 square feet Landscape Maintenance District No. 6-R -City of Rancho Cucamonga 3-3 Prepared by NBS -Fiscal Year 2010/11 P-139 CC-21 The west side of Rochester from Banyan to 317 feet south of Vintage Dr. Ground Cover area: 31.292 square feet CC-22 The south side of Vintage Dr. from Terrace View Loop to Sierra Crest View Loop. The east and west side of Hillview Loop from Vintage Dr. to Mt. Rainer Ct. Ground Cover area: 11,609 square feet Turf area: 3763 square feet Hardscape area: 6524 square feet CC-23 The south side of Banyan from Milliken to Butler Peak PI. The west side of Butler Peak PI. from Banyan St. to Terrace View Loop. The north side of Terrace View Loop from Butler Peak PI. to Rainbow Falls Ct. Ground Cover area: 12.132 square feet Hardscape area: 528 square feet CC-24 The north side of Terrace View Loop from EI Capitan Ct. to Butler Peak PI. The east side of Butler Peak PI. from Terrace View Loop to Banyan St. The south side of Banyan St. from Butler Peak PI. to 990 feet east of Butler Peak PI. Ground Cover area: 14.452 square feet Hardscape area: 1_,600 square feet CC-25 This site was moved to CC-13. This mainline was part of CC-13 and should not have been its own site. CC-26 The east side of Rochester from 210 freeway to Vintage Dr. The north and south side of Vintage from to Rochester to Thunder Mountain Ct. The west side of Rochester from 317 feet south of Vintage Dr. to the 210 freeway. Ground Cover area: 35.037 square feet Hardscape area: 19,779 square feet CC-27 The Milliken median and the westside of Milliken from 292 feet south of Vintage to 210 freeway. Ground Cover area Hardscape area: CC-28 The east side of Mil Ground Cover area Cobble area: Hardscape area: 13,365 square feet 12,300 square feet iken from Vintage to the 210 freeway right- of- way 17,724 square feet 2_ 3, 87 square feet 53810 square feet Total Ground Cover: 922.929 square feet Total Turt: 178.257 square feet Total Hardscape: 238,489 square feet Landscape Maintenance District No. 6-R -City of Rancho Cucamonga 3-4 Prepared by NBS -Fiscal Year 2010/11 P-140 3.3. Map of Improvements The following page shows the approximate location (for reference only -may not include all) of landscaping improvements, including irrigation sites and community trails, to be maintained by the District. Map of Improvements i Cfty of Rancho Cucamonga ~ ~::,:. Landscape Maintenance DfstrFct No. 6-R ' I i saman~ ~_~. au. 'iglr~,~~j~~,P~ ,~ ~"J L~}j ~ 11 a„ !!~~ ~~,~~m Il a~ ~, m: \J 11 ~ l` ~ (E °` _. _..__. ___ -- - ~ 'Legend Q _, ~, m g ~ carr_~nri~ L M :,. LMD Na.6R Zane 7 i p' ~ tM0 No. 6R Zo1>e 2 -+. ~-~_- - - i ~ Vrig3limr CanttdlErS~3 --_ _ _.`i;-:_'~~.,' r~Ades ~,~LarMSCaPe td3intetWX;e Area Landscape Maintenance District No. 6-R -City of Rancho Cucamonga 3-5 Prepared by NBS -Fiscal Year 2010/11 P-141 4, ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the assessment district levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. 4.1. District Budget Description Estimated 2010111 Bud et Personnel Services Regular Payroll $7,120.00 Part-time Salaries 0.00 Fringe Benefits 3.350.00 Subtotal Personnel $10,470.00 Operations and Maintenance Operations and Maintenance $6.000.00 Contrail Services 224,700.00 Tree Maintenance 16,870.D0 Utilities Water Utilities 115,032.00 Electric Utilities 6,260.00 Assessment Administration 7,020.00 General Overhead 21.740.00 Subtotal Operations and Maintenance $397,622.00 Total District Expenditure Budget $408,092.00 Operating Reserve Collection 30.000.00 Estimated Costs and Expenses $438,092.00 Total District EDU Count 1,196.9725 Maximum Allowable Assessment Per EDU $366.00 Beginning in the Fiscal Year starting July 1, 2011, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EDU will be based on the total amount of funds needed to maintain the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however it may not exceed the maximum after the application of the cost of living inflator defined in Section 5.5 of this report unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City of Rancho Cucamonga to establish an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. Landscape Maintenance District No. 6-R -City of Rancho Cucamonga 4-1 Prepared by NBS -Fiscal Year 2010/11 P-142 4.2. Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget Personnel Services Regular Salaries: This item includes the costs attributed to the salaries of all full-time employees dedicated to maintenance of the District improvements. Part Time Salaries: This item includes the costs attributed to the salaries of all part time employees dedicated to maintenance of the District improvements. Fringe Benefits: This item includes the benefits available to City employees: health care, vacation, sick time, and retirement fund. Operations and Maintenance Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company and related services as needed for the ongoing maintenance of the District improvements. Tree Maintenance: This item includes the contract costs attributed to maintaining the street trees and other trees throughout the District. Utilities -Water: This item includes the costs to furnish water for the landscaping within the District. Utilities -Electric: This item includes the costs to furnish electricity required for the operation and maintenance of the sprinklers and irrigation controllers. Assessment Administration: This item includes the cost to all particular departments and staff of the City, and consultants for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual engineer's report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all departments and staff of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, and procedural matters associated with the District. Reserve Collection: Operating Reserve Collection: This item includes the amount to be collected to maintain reserves to enable the City to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The Reserve Fund contribution will continue until such a time the Reserve Fund balance is approximately one half of the annual costs. The fund may be allowed to accumulate in anticipation of any unforeseen expenses not included in the yearly maintenance costs. This may include, but is not limited to, tree replacements, repair of damaged equipment due to vandalism, storms and other similar events. Capital Projects Reserve Collection: This item includes the amount to be collected for capital projects to further enhance the level and quality of service provided within the boundaries of the District. This may include, but not limited to, new monuments, irrigation systems, the mulching of ground cover and shrub areas and other improvements. Landscape Maintenance District No. 6-R -City of Rancho Cucamonga 4-2 Prepared by NBS -Fiscal Year 2010/11 P-143 5. METHOD OF ASSESSMENT 5.1. General Pursuant to the 1972 Act and Article XIIID, all parcels that receive a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. Part 2 of Division 15 of the Streets and Highways Code, the landscaping and Lighting Act of 1972, permits the establishment of assessment districts by Agencies for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping improvements. Section 22573 of the Landscape and Lighting Act of 1972 requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lof or parcel from the improvements." The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to fhe Improvement Act of 1911 (Division 7 (commencing with Section 5000) (of the Streets and Highways Code, State of California)." The 1972 Act also permits the designation of zones of beneft within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 22547). Article XIIID, Section 4(a) of the Califomia Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIIID also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where as only special benefit is assessed. 5.2. Genera! Benefit Section 4 of Article XIIID of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. Landscape Maintenance District No. 6-R -City of Rancho Cucamonga 5-1 Prepared by NBS -Fiscal Year 2010/11 P-144 In this Assessment District, the improvements being financed consists of the maintenance of local improvements located within the boundaries of the District and include paseos, street trees, landscaped areas and appurtenant facilities that are located throughout the Caryn Planned Community and were installed to create a common landscape theme and neighborhood identity for parcels within the Caryn Planned Community. The improvements are situated within the public rights-of-way of the intemal local street network within the Caryn Planned Community which provides ingress and egress for parcels within the District to access the City's system of arterial streets. City residents and traffic from parcels not within the District do not use the internal local street network or paseos except for the express purpose of accessing properties located within the District, and therefore do not benefit from the improvements. Only parcels which are within the Caryn Planned Community and proximate to the improvements and within the Assessment District are being assessed. Accordingly, there is a direct physical and visual nexus between each parcel being assessed and the improvements to be funded by the assessment that does not exist for parcels outside of the District boundary and that is particular and distinct from that shared by the public at large. Under these circumstances, all of the benefits conferred are direct and local in nature, and provide a benefit to only those parcels located within the boundaries of the District. Based upon this, NBS has determined that there is no quantifiable general benefit to the surrounding community and the public in general from the maintenance of the improvements within the boundaries of the District, and therefore no portion of the project costs should be attributed to general benefit. 5.3. Special Benefit The maintenance and servicing of the local landscaping improvements and neighborhood paseos that provide internal linkages from parcels vrithin the District to the local street network are for the specific benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by improving the livability, appearance, and desirability for properties within the boundaries of the Caryn Planned Community due to the location of the improvements and their proximity to the parcels being assessed; and ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties adjacent to or in close proximity to the improvements within the Caryn Planned Community; and providing beautification, shade and overall enhancement to properties which creates a sense of community for parcels within the Caryn Planned Community. The above mentioned items contribute to a specific enhancement of the properties within the Caryn Planned Community that are not realized by parcels outside the boundaries of the District. Since these improvements, including the neighborhood paseos, were installed and are maintained specifically for the benefit of properties within the Caryn Planned Community, and parcels outside of the District are not proximate to these improvements nor are they used by residents outside of the District except for the express purpose of accessing properties within the District; therefore only properties within the District receive a special benefit and are assessed for said maintenance. 5.4. Method of Assessment Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon them as a result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. Landscape Maintenance District No. 6-R -City of Rancho Cucamonga 5-2 Prepared by NBS -Fiscal Year 2010/11 P-145 To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The Equivalent Dwelling Unit ("EDU") method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one Equivalent Dwelling Unit (EDU). Every other land-use is converted to EDUs based on an assessment formula that equates to the property's specific development status, type of development (land-use), and size of the property, as compared to a single family home. Vacant parcels are assigned an EDU value of 0.25 EDU's per acre because they receive a lesser benefit from the improvements until such time as development occurs. Publicly owned school parcels are also assigned an EDU value of 0.25 EDU's per acre in recognition of the limited benefit they receive from the improvements which are provided for the use and benefit of the residential units within the District, and the benefit conferred upon other parcels within the District by the open space and landscaping maintained by the School District on their parcels which might be used by properties within the District underjoint use agreements between the School District and the City. There are two benefit zones within the District: Zone 1 and Zone 2. Parcels in Zone 2 are assigned 0.75 EDU per dwelling unit due to the reduction in special benefit they receive as a result of their location relative to the majority of the improvements maintained by the District. Zone 2 parcels are on the far east and west side of the District. Therefore, parcels within Zone 2 do not receive the same special benefit from the improvements due to their proximity, as parcels within Zone lwhich are assigned 1.00 EDU per dwelling unit and are generally located adjacent to or in close proximity to the improvements. The following table provides the weighting factors applied to various land-use types, as assigned by County use code, to determine each parcel's EDU assignment. I and_Use Equivalent Dwelling Units Pro ert T e Coun Use Code EDU Value Multi tier Single Family Residential-Zone 1 1.OD Dwelling Unit Single Family Residential-Zane 2 0.75 Dwelling Unit Vacant 0.25 Aae or portion thereof School 0.25 Aae or portion thereof Trails, Common Area, Open Space, Easements, Utilit Parcels, Streets 0.00 Parcel The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/ConVOller to be an invalid parcel number far the current fiscal year, the Property Type and EDU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EDU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. Landscape Maintenance District No. 6-R -City of Rancho Cucamonga 5-3 Prepared by NBS -Fiscal Year 2010/11 P-146 The following table summarizes the Fiscal Year 2010/11 maximum allowable assessment rates for the District: "`The maximum allowable assessment is subject to an annual cost of living inflator as described in Section 5.5. It is proposed to assess the total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in Section 7 of this report. 5.5. Cosf of Living Inflafor Each fiscal year beginning Fiscal Year 2011/12, the maximum allowable assessment amount may be increased by the lesser of 3.0% or the percentage change in the year ending February preceding the start of the Fiscal Year of the Consumer Price Index for all Urban Consumers (CPI-U), for the Los Angeles-Riverside-Orange County area. If for any reason the percentage change is negative the maximum allowable assessment would not be decreased by reason of such negative percentage change and would remain at the amount as computed on the previous fiscal year regardless of any CPI adjustment. The annual assessment cannot exceed the actual costs tc operate the District in any given year. If operating costs are such that the maximum assessment amount is not needed, the City would levy only what is needed for that year. Maximum Allowable Property Type (County Use Units/Acres EDUs Assessment per Code) EDU for FY 2010/11 Single Family Residential -Zone 1 963.00 963.0000 $366.00 Single Family Residential -Zone 2 310.00 232.5000 366.00 Vacant 0.54 0.1350 366.00 School 5.35 1.3375 366.00 Trails, Common Area, Open Space, 0.00 0.0000 0.00 Easements, Utilit Parcels, Streets Landscape Maintenance District No. 6-R -City of Rancho Cucamonga 5~ Prepared by NBS -Fiscal Year 2010!11 P-147 6. ASSESSMENT D/A GRAM An Assessment Diagram for the District is shown on the following pages. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor of the County of San Bernardino, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. 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T T T T T T 9 ff~~~,Af~~,~~fix.a+tfn~`~4drtE~+d~fr~:<r+fi33h<.~~r311ldrFs,l:r C ~.x~ t~ tI .i i~ ~YS t, 3.<a t ,{ . ,.t ~t ~..~ _ t-0 11 ~ i~ i~ ~~. . s~. ~ ~ ! ~ :S t [ 4'Q t X _!. Z ~ Y g :n a~ b! le;f f i b ~~~' r lU O E ~a v U 0 L U C (6 aT. U ^+ T- r cD. o o T- zo N r-. U ~ ~ ~ ~ } ~ ~ U ~ C (0 ~ I ~~ C m ~ Z T ~ ~ Q-p U ~ N ~ ~ a c y cts J d P-155 7. ASSESSMENT ROLL The assessment roll is a listing of the proposed assessment for Fiscal Year 2010/11 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The assessment roll for Fiscal Year 2D10/11 is listed on the following pages. The following table summarizes the Fiscal Year 2010/11 assessments for the District: Maximum Property Type Maximum Allowable Total Total Allowable Coun Use Code Assessment UnRslAcres EDUs Assessment Single Family Residential -Zone 1 $366.00 per dwelling unit 963.00 963.0000 $352,458.00 Single Family Residential-Zone 2 274.50 per dwelling unit 310.00 232.5000 85,095.00 Vacant 91.50 per acre or podion 0.54 0.1350 49.41 thereof School 91.50 per acre or portion 5.35 1.3375 469.53 thereof Trails, Common Area, Open Space, Easements, Utility Parcels, 0.00 per parcel 0.00 0.00 D.00 Streets Total 1,196.9725 $438,091.94 Landscape Maintenance District No. 6-R -City of Rancho Cucamonga 7-1 Prepared by NBS -Fiscal Year 2010/11 P-156 t0 O A 2 ~ ~.. 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O O O o O O o o O O N o O o N o O o o O O O O O o N o 0 " N N N N N N N N N N N N N N N N N N N N N N N I ~ r IA d d ~ d ~ 1A N N J~ .A .A .A .h J. .h JI J> d N r d ~ N .h J~ I N N N N N N N N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O m C N N N N N N N N N N N N N N N N N N N N N N N N N N N N N °m O O 0 N P O pym N N b m m r .a. F M O m m a PUBLIC HEARING ORDER OF PROCEDURE CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 6-R DATE OF PUBLIC HEARING: SEPTEMBER 1, 2010 Mayor: "This is the time and place fixed for the public hearing related to: the proposed formation of Landscape Maintenance District No. 6-R; and the proposed levy of assessments within such landscape maintenance district to finance the maintenance of and servicing of various landscape improvements that specially benefit the properties propesed to be assessed. I would now ask the City Clerk to report for everyone's benefit on the notice of this public hearing." City Clerk: "Notice of the public hearing and distribution of the assessment ballots has been completed in the manner and form as required by law." Mayor: "Mr. Lam, could you please present the staff report on this item." Staff: - Explain the purpose for the landscape maintenance district - Provide description of boundaries of the landscape maintenance district. - Explain extent of improvements to be maintained and proposed level of service. - Present and describe the contents of the Assessment Engineer's Report and indicate that the Assessment Engineer's Report is a part of the administrative record of the public hearing. - Explain method and formula of assessment spread. 1 End of staff report - -open for public discussion Mayor: "The City Council will now take testimony from any interested person who desires to address the City Council on this matter." Upon completion of all public testimony Mayor: "Seeing no one else who wishes to be heard, do any members of the City Council have any questions of City staff or the consultants on this matter." City Council questions to and responses from staff & consultants Following completion of City Council questions. Mayor: "I would like to remind everyone that by law all assessment ballots and replacement assessment ballots must be received by the City Clerk before this public hearing is closed. Assessment ballots or replacement assessment ballots received after the close of this public hearing will not be tabulated. If there are any owners who have not submitted their assessment ballots or replacement assessment ballots to the City Clerk, please do so immediately. After all assessment ballots have been delivered to the City Clerk. Mayor: "The public hearing is now closed. Assessment ballots and replacement assessment ballots received by the City Clerk after this time shall not be tabulated. All assessment ballots and replacements ballots timely received by the City Clerk shall be tabulated by the -City Clerk, the designated tabulation official. The City Clerk shall report the results of the tabulation of the assessment ballots to the City Council following the completion of the tabulation." 2 Upon completion of the tabulation of the assessment ballots, the City Clerk shall notify the Mayor and the Mayor shall at a convenient point in the agenda announce the following. Mayor: "The City Clerk has notified the City Council that the tabulation of the assessments ballots for Landscape Maintenance District No. 6-R has been completed. We will therefore return to Agenda Item No. to receive the report from the City Clerk on the results of the tabulation of the assessments ballots." City Clerk: assessment ballots were mailed to the owners of property within the proposed boundaries of the Landscape Maintenance District and of those assessment ballots were received prior to the close of the public hearing. assessment ballots representing $ of assessments were submitted in support of the levy of the proposed assessments within the Assessment District. assessment ballots representing $ of assessments were submitted in opposition to the levy of the proposed assessments within the Assessment District." Mayor: "Will Assistant City Manager Gillison please advise the City Council of the actions that the City Council may take as a result of outcome of the assessment ballot procedure." Assistant City Manager: Advise the City Council of the actions the City Council is authorized to take. 3 !f a majority protest to the levy of assessments has NOT been filed the City Council may proceed to form the landscape Maintenance District, and the City Council may consider a motion to adopt the following entitled resolution: "A Resolution of the City Council of the City of Rancho Cucamonga, California, Declaring the Results of the Assessment Ballot Tabulation, Approving the Engineer's Report, Forming Landscape Maintenance District No. 6-R, Ordering Maintenance Work Therein, Confirming the Diagram and Assessment and Providing for the Levy of an Annual Assessment Therein" If a majority protest to the levy of the assessments has been filed the City Council may not proceed to form the Assessment District, .and the City Council may consider a motion to adopt the following entitled resolution: "A Resolution of the City Council of the City of Rancho Cucamonga , California, Declaring the Results of the Assessment Ballot Tabulation in Proposed Landscape Maintenance District No. 6-R, Determining the Existence of a Majority Protest and Abandoning the Proceedings to Form such Landscape Maintenance District and to Levy Assessments Therein." 4 Date: Wednesday, September 1, 2010 C a~~~.~ i DATE RECEIVED ~ MD ~ "' ~ "" DAILY TOTAL RUNNING ~ GRAND TOTAL 1. TUESDAY, ]ULY 13, 2010 23 23 23 2. WEDNESDAY, ]ULY 14, 2010 9 9 32 3. THURSDAY, ]ULY 15, 2010 63 63 95 4. MONDAY, ]ULY 19, 2010 118 118 213 5. TUESDAY, ]ULY 20, 2010 71 71 284 6. WEDNESDAY, ]ULY 21, 2010 39 39 323 7. THURSDAY, ]ULY 22, 2010 34 34 357 8. MONDAY, ]ULY 26, 2010 48 48 405 9. TUESDAY, ]ULY 27, 2010 17 17 422 10. WEDNESDAY, ]ULY 28, 2010 11 11 433 11. THURSDAY, ]ULY 29, 2010 16 16 449 12. MONDAY, AUGUST 2, 2010 30 30 479 13. TUESDAY, AUGUST 3, 2010 15 15 494 14. WEDNESDAY, AUGUST 4, 2010 12 12 506 15. THURSDAY, AUGUST 5, 2010 5 5 511 16. MONDAY, AUGUST 9, 2010 12 12 523 17. TUESDAY, AUGUST 10, 2010 17 17 540 18. WEDNESDAY, AUGUST 11, 2010 10 10 550 19. THURSDAY, AUGUST 12, 2010 5 5 555 20. MONDAY, AUGUST 16, 2010 15 15 570 21. TUESDAY, AUGUST 17, 2010 5 5 575 Public Hearing Date: Wednesday. Seatember 1, 2010 DATE RECEIVED l.MD 6 ' ''' '' °= DAILY TOTAL RUNNING GRAND TOTAL 22. WEDNESDAY, AUGUST 18, 2010 6 6 581 23. THURSDAY, AUGUST 19, 2010 2 2 583 24. MONDAY, AUGUST 23, 2010 li 11 594 25. TUESDAY, AUGUST 24, 2010 8 8 602 26. WEDNESDAY, AUGUST 25, 2010 6 6 608 27. THURSDAY, AUGUST 26, 2010 3 3 611 28. MONDAY, AUGUST 30, 2010 17 17 628 29. TUESDAY, AUGUST 31, 2010 7 7 635 30. WEDNESDAY, SEPTEMBER 1, 2010 8 8 643 At the Meeting 3 3 646 WEDNESDAY, SEPTEMBER 1, 2010 CITY COUNCIL MEETING PUBLIC HEARING -FINAL COUNT 646 Exhibit A Certificate of Tabulation Official and Statement of Assessment Ballots Submitted STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) ss. CITY OF RANCHO CUCAMONGA ) The undersigned, the duly authorized tabulation official appointed by the City Council of the City of Rancho Cucamonga, DOES HEREBY CERTIFY that pursuant to the provisions of Article XIIID of the Constitution of the State of California and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following), I did tabulate the assessment ballots timely submitted in the assessment ballot proceedings pertaining to Landscape Maintenance District No. 6-R. I FURTHER CERTIFY that this Statement of Assessment Ballots Received shows the assessment ballots submitted in favor of the proposed assessment and the assessment ballots submitted in opposition to the proposed assessment, each total weighted according to the financial obligation of the affected properties for which the assessment ballots were submitted. Total assessment ballots distributed 1,277 Total assessment ballots received ~ /n/~ Total assessment ballots invalidated Assessment ballots received in favor of the proposed assessment: j~ Weighted value of assessment ballots received in favor of the proposed assessment ~ ~ ~ ~ 2~ 5 ~5, Assessment ballots received in oooosition to the proposed assessment: Weighted value of assessment ballots received in opposition to the proposed assessment //`/ ~ ~ 3Z7. 03 tf This certification is executed this ~ day of~, 2010 in J~c+~+a Cucnrruxy ,California. c 73 3 /_ Zf~.'7 ~~ By: ~~ ~~, Title: Dr Itec_tc~ , A~ 1T S Page 1 of 1 McKay, Debra From: Bruce, Ingrid Sent: Tuesday, August 31, 2010 11:12 AM To: McKay, Debra Cc: Scott, Kathy Subject: FW: Replacement Blank Ballot for Public Hearing Night Attachments: Replacement BLANK ballot for Public Hearing.pdf Debra, If you have any questions, Thanks. Ingrid please give me a call. From: Pablo Perez [mailto:pperez@nbsgov.com] Sent: Tuesday, August 10, 2010 12:13 PM To: Bruce, Ingrid Subject: Replacement Blank Ballot for Public Hearing Night Please give this to your clerk to have ready that night...in case someone wants to cast a ballot last minute or change a previously tasted ballot. The Clerk should have a few these ready and I will need to know what the intent of the using this replacement ballot is. This way I can search for the duplicate and replace as needed. Thanks, Pablo Perez Director NBS ~ local Govemmenl Solmions P (800) 676-7516 ~ F (951) 296-1998 pperez@nbsgov.com ~ www.nbsgov.com NBS can help: + Formation of Special Tax, Fee and Assessment Districts + Special Tax, Fee, and Assessment District Administration + User Fee and Development Impact Fee Studies + Utility Rate Studies + Proposition 218 Consulting + Cost Allocation Plans + Fiscal Impact Analyses 8/31/2010 OFFICIAL REPLACEMENT ASSESSMENT BALLOT CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 6-R Name and Address of Record Owner: Parcel Identification: Record Owner: Assessor's Parcel Number: ~I Address: Total EDUs: City, State Zip: Proposed Maximum Assessment (*): Cost of Livinra Inflator: Each Fiscal Year beginning Fiscal Year 2011/12, the maximum assessment amount, shown above, may be increased by the lesser of 3.0% or the percentage change in the year ending February preceding the start of the Fiscal Year of the Consumer Price Index for all Urban Consumers (CPI-U ), for the Los Angeles-Riverside-Orange County area.. The annual assessment shall not exceed the maximum assessment, unless the appropriate Proposition 218 proceedings are conducted by the City to authorize an increase beyond the maximum assessment amount. Landscape Maintenance District No. 6-R is a replacement District. If the proposed replacement District covered by this ballot is not approved, existing Landscape Maintenance District No. 6 shall remain in place and the City will continue to levy the existing LMD 6 assessments. ~assessmem oauoc Please mark one box, sign and print name below This ballot will be void if any markings are in both boxes or if not signed The person completing and submitting this assessment ballot must be the record owner of the property identified above or the representative of the record owner of such property who is legally authorized to complete and submit this ballot for and on behalf of the record owner; otherwise this ballot will not be tabulated. Yes, I am in favor of the proposed maximum assessment of for Fiscal Year 2010/11. •The maximum assessment is proposed to increase as described above beginning Fiscal Year 2011/12. No, I am opposed to the proposed maximum assessment of for Fiscal Year 2010/11. 'The maximum assessment is proposed to increase as described above beginning Fiscal Year 2011/12. i~®mu®®®®®mimn®®®®um® ®®mu®mi~om®®®®®muu~o® CERTIFICATE OF ENTITLEMENT The undersigned certifies under penalty of perjury that he/she is entitled to complete and submit this assessment ballot. Signature of Property Owner Printed Name Please fold and insert the completed ballot into the enclosed return envelope, seal and mail or deliver to: CITY CLERK CITY OF RANCHO CUCAMONGA 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 91730 Please refer to the enclosed instructions for further details. Ballot must be received prior to the conclusion of the Public Hearing on September 1, 2010. BLANK REPLACEMENT FOR PUBLIC HEARING OFFICIAL REPLACEMENT ASSESSMENT BALLOT CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 6-R Name and Address of Record Owner: Parcel Identification: Record Owner: Assessor's Parcel Number: Address: Total EDUs: City, State Zip: Proposed Maximum Assessment ('): Cost of'Livinn Inflator: Each Fiscal Year beginning Fiscal Year 2011/12, the maximum assessment amount, shown above, may be increased by the lesser of 3.0% or the percentage change in the year ending February preceding the start of the Fiscal Year of the Consumer Price Index for all Urban Consumers (CPI-U ), for the Los Angeles-Riverside-Orange County area. The annual assessment shall not exceed the maximum assessment, unless the appropriate Proposition 218 proceedings are conducted by the City to authorize an increase beyond the maximum assessment amount. Landscape Maintenance District No. 6-R is a replacement District. If the proposed replacement District covered by this ballot is not approved, existing Landscape Maintenance District No. 6 shall remain in place and the City will continue to levy the existing LMD 6 assessments. wssessment parrot Please mark one box, sign and print name below This ballot will be void if any markings are in both boxes or if not signed The person completing and submitting this assessment ballot must be the record owner of the property identified above or the representative of the record owner of such property who is legally authorized to complete and submit this ballot for and on behalf of the record owner; otherwise this ballot will not be tabulated. Yes, I am in favor of the proposed maximum assessment of for Fiscal Year 2010/11. *The maximum assessment is proposed to increase as described above beginning Fiscal Year 2011/12. No, I am opposed to the proposed maximum assessment of for Fiscal Year 2010/11. 'The maximum assessment is proposed to increase as described above beginning Fiscal Year 2011/12. ®®im~~i i®®®~i®®a~®®~®ummo®a® CERTIFICATE OF ENTITLEMENT The undersigned certifies under penalty of perjury that he/she is entitled to complete and submit this assessment ballot. Signature of Property Owner Printed Name Please fold and insert the comoleted ballot into the enclosed return envelope, seal antl mail or CITY CLERK CITY OF RANCHO CUCAMONGA 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 91730 Please refer to the enclosed instructions for further details. Ballot must be received prior to the conclusion of the Public Hearing on September 1, 2010. BLANK REPLACEMENT FOR PUBLIC HEARING OFFICIAL REPLACEMENT ASSESSMENT BALLOT CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 6-R Name and Address of Record Owner: Parcel Identification: Record Owner: Assessor's Parcel Number: Address: Total EDUs: City, State Zip: Proposed Maximum Assessment (•): Cost of Living Inflator: Each Fiscal Year beginning Fiscal Year 2011/12, the maximum assessment amount, shown above, may be increased by the lesser of 3.0% or the percentage change in the year ending February preceding the start of the Fiscal Year of the Consumer Price Index for all Urban Consumers (CPI-U ), for the Los Angeles-Riverside-Orange County area. The annual assessment shall not exceed the maximum assessment, unless the appropriate Proposition 218 proceedings are conducted by the City to authorize an increase beyond the maximum assessment amount. Landscape Maintenance District No. 6-R is a replacement District. If the proposed replacement District covered by this ballot is not approved, existing Landscape Maintenance District No. 6 shall remain in place and the City will continue to levy the existing LMD 6 assessments. Please mark one box, sign and print name below This ballot will be void if any markings are in both boxes or if not signed The person completing and submitting this assessment ballot must be the record owner of the property identified above or the representative of the record owner of such property who is legally authorized to complete and submit this ballot for and on behalf of the record owner; otherwise this ballot will not be tabulated. Yes, I am in favor of the proposed maximum assessment of for Fiscal Year 2010/11. 'The maximum assessment is proposed to increase as described above beginning Fiscal Year 2011/12. No, 1 am opposed to the proposed maximum assessment of for Fiscal Year 2010/11. 'The maximum assessment is proposed to increase as described above beginning Fiscal Year 2011/12. i mu iii iuu iuo mu lull am imi imi WW ~~W uu ~~~~ ~uu W11 uu ®~~ ®~ IN~ ~~~0I110IWW u 0~~ CERTIFICATE OF ENTITLEMENT The undersigned certifies under penalty of perjury that he/she is entitled to complete and submit this assessment ballot. Signature of Property Owner Printed Name into the enclosed return envelope, seal and mail or deliver to: CITY CLERK CITY OF RANCHO CUCAMONGA 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 91730 Please refer to the enclosed instructions for further details. Ballot must be received prior to the conclusion of the Public Hearing on September 1, 2010. BLANK REPLACEMENT FOR PUBLIC HEARING P-195 ~~ ~ ,~~` - STAFF REPORT ~- /; z PLANNING DEPdRT~4ENT RANCHO C,UCAMONGA Date: September 1, 2010 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: James R. Troyer, AICP, Planning Director By: Lawrence J. Henderson, AICP, Principal Planner Subject: CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION TO REVOKE CONDITIONAL USE PERMIT CUP99-43 FOR THE BEER MUG - A public hearing on an appeal of the Planning Commission's decision to revoke the Conditional Use Permit on the grounds that it is operating in a manner detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The City Council will consider the appeal and may uphold or rescind the revocation or modify the Conditional Use Permit. The busiriess is located within the Regional Related Commercial District, Subarea 4, of the Foothill Boulevard Specific Plan, in the Foothill Marketplace at 12809 Foothill Boulevard, Suite C1-C4 - APN: 0229-031-33. Related files: Conditional Use Permit CUP97-03 and Entertainment Permit EP97-30. RECOMMENDATION: Denial of the appeal by adoption of the attached resolutions revoking the Conditional Use Permit. BACKGROUND: The subject restaurant has an extensive history in the City of Rancho Cucamonga. In general the City review of the Business is presented as follows: A. Project History • February 11, 1998, the Planning Commission approved Conditional Use Permit 97-30 and Entertainment Permit 97-03 for MVP Sports Grill. • November 23, 1999, the Planning Commission approved Conditional Use Permit 99- 43 for The Beer Hunter Sports Pub and Grill. This approval was for the sale and on- site consumption for beer, wine, and distilled spirits in conjunction with a restaurant and bar, but did not include any approvals for live entertainment. Conditional Use Permit 99-43 is held by staff as the current Conditional Use Permit for the property (Exhibit A of June 23, 2010 Planning Commission Staff Report). • January 27, 2010, a Notice of Violation letter was sent to the owner, Mr. Roig, with the approved Conditional Use Permit 99-43 notifying him that he was in violation of the conditions of approval. This letter also served notice that all entertainment P-196 CITY COUNCIL STAFF REPORT CUP99-43R-THE BEER MUG September 1, 2010 Page 2 activities must cease on the property because the owner did not have a valid Entertainment Permit (Exhibit B of June 23, 2010 Planning Commission Staff Report). • February 23, 2010, in response to a letter from Mr. Roig's attorney, City staff prepared a letter clarifying the City's position on the current Conditional Use Permit and lack of a valid Entertainment Permit. Staff requested that the owner submit an Entertainment Permit application if he desired to provide entertainment activities on his property (Exhibit C of June 23, 2010 Planning Commission Staff Report). • March 24, 2010, based on a request from the Sheriffs Department, the Planning Commission directed the Conditional Use Permit to be set for Public Hearing review on May 26, 2010. • March 30, 2010, the Code Enforcement Department issued a Compliance Order. requesting the owner cease all entertainment activities because no valid Entertainment Permit exists for the property (Exhibit .D of June 23, 2010 Planning Commission Staff Report} • May 3, 2010, Planning Department staff along with Deputy City Attorney Mr. Bobko, met with the business owner Mr. Roig and his attorney Mr. Kroll. Staff discussed with Mr. Roig about the current status of his CUP under review, as well as some of the outstanding violations on his property. • May 26, 2010, Planning Department staff prepared a letter outlining the compliance issues at the property. Staff again requested that the owner cease all entertainment activities. • Jurie 2, 2010, the owner's attorney delivered a letter to the City stating his client, Mr. Roig, would submit applications for aNon-Construction Conditional Use Permit and Entertainment Permit by June 9, 2010. The letter also states that the owner had ceased all forms of live entertainment as a show of good fafth. • June 7, 2010, staff received a letter from the owner's attorney requesting a continuance of the June 9, 2010 Planning Commission hearing to allow his client additional time to prepare the applications for submittal. • Staff requested a continuance of the June 9, 2010 Planning Commission hearing to allow for the applicant to submit these applications by June 14, 2010. Following the June 9, 2010 Planning Commission hearing, the Sheriff's Department along with a member of Planning Department staff, conducted a compliance inspection at approximately 10:45 p.m., during which live entertainment, consisting of a DJ and dancing, was observed at the property. • On July 14, 2010 and following a Public hearing, the Planning Commission revoked Conditional Use Permit CUP99-43 based on the following four findings: The subject business is being conducted in a manner detrimental to the public health, safety, and welfare as evidenced by the number of police calls for service P-7 97 CITY COUNCIL STAFF REPORT CUP99-43R-THE BEER MUG September 1, 2010 Page 3 emanating from or associated with the business and the severity and violence of the incidents; and 2. The existing business has operated with live entertainment without an approved Entertainment Permit, which is a violation of Section 5.12 of the Rancho Cucamonga Municipal Code; and Substantial modifications to the approved floor plan including the addition of a large dance floor, removal of booths and seating areas, and installation of a DJ booth without the approval of Planning Commission review; and 4. The existing business does not convey a restaurant use; rather, the subject business is operating as a de facto nightclub without the proper City approvals or the required Type 48 liquor license. City Council Appeal received on July 22, 2010. The business owner's legal counsel appeal information is attached for reference as Exhibit A. ANALYSIS: Details on the facts for findings required under the Rancho Cucamonga Development Code are contained in the attached copy (Exhibit B) of the Planning Commission Staff Report dated June 23, 2010, including the minutes of July 14, 2010, and as previously listed in the second bullet of the Background section of this report. The evidence demonstrates the business was operating as a night club and not a restaurant as demonstrated in the public safety records (both in number and severity) and also demonstrates the business is being operated in a manner contrary to the peace, health, safety and general welfare of the public. The reasons for the appeal as presented by the business owners' legal counsel are similar to those that were previously presented at the Planning Commission. The business owner's appeal is attached for reference as Exhibit A. The legal arguments as presented were addressed by the City's legal counsel at the Planning Commission meeting and were determined to be without merit. In summary, the key points of the appeal (bold) are presented as follows with City Staffs response (italics): The Notice of Public Hearing was not adequate since it did provide notice of the charges against the business and misstated the City's Hearing rules. The material was released at the same time as the Planning Commission was sent their copies. The Law requires reasonable notice and the legal notice meets that standard. 2. The business owner did not receive due process (un-redacted Police Reports) and did not give-them an opportunity to defend themselves. Legal counsel for the Commission reviewed these claims and determined they were without merit. The owner had reasonable notice of the meeting and what it was about. Legal counsel P-198 CITY COUNCIL STAFF REPORT CUP99-43R -THE BEER MUG September 1, 2010 Page a has noted that the formal rules of evidence for a court of-law do not apply in the framework of the Planning Commission or City Council hearing. The revoked CUP was not the proper CUP since it had never vested because of a patio that was never used and that the City was in error in determining the Entertainment Permit was not renewable and was not valid. Legal Counsel has carefully reviewed this matter and determined that CUP99-43 is the correct Conditional Use Permit and that the patio was only a small portion of the approval and included the sale and on-site consumption for beer, wine, and distilled spirits in conjunction with a restaurant and bar, but did not include any approvals for live entertainment. Therefore, despite the fact that the patio was not constructed the CUP was substantially implemented otherwise and therefore fully vested. The background on this issue is as follows: On February 11, 1998, the City issued CUP 97-30 and Entertainment Permit 97-03 to The Beer Mug's predecessor, the MVP Sports Grill, to allow alcohol sales and live entertainment at 12809 Foothill Boulevard. MVP Sports Grill was sold to a new owner who applied for a new Conditional Use Permit that did not contain a condition for live entertainment. The new property owner did not seek a new Entertainment Permit. On November 23, 1999, the City issued CUP 99-43 to allow for the operation of the Beer Hunter Sports Pub and Grill. In 2008, the property was sold to a third owner, Jesus Roig, for the operation of the Beer Mug, and he sought City approval to provide live entertainment. During the review of Mr. Roig's business license application, City staff followed previously established practices and transferred the Entertainment Permit to the new owner, Mr. Roig. Far two years, City staff has been issuing Mr. Roig Entertainment Permit renewals to allow live entertainment on the property, until during a review of Public Safety related incidents related to the location, the City's legal Counsel identified that Entertainment Permit 97-03 was invalid since Municipal Code Section 5.12.115 requires an entertainment permit for live entertainment and does not provide for a transfer to new owners. When the owner intensified the floor plan by removing booths and expanding the dance floor area, it required the applicant to apply for a new Conditional Use Permit in addition to a new Entertainment Permit. Such applications were never filed by the applicant. The City's issuance of CUP 97-30 on February 11, 1998 was a valid CUP that ran with the land and benefited the successor property owners, including Mr. Roig. The City subsequently issued CUP 99-43 involving the same property and this CUP modified previously existing CUP 97-30. It is the City's position that the later issued CUP 99-43, and the terms it contains, control the use of appellant's property and is the last approved Conditional Use Permit of record. It is also the City's position that P-199 CITY COUNCIL STAFF REPORT CUP99-43R -THE BEER MUG September 1, 2010 Page 5 because the use was intensified without approval and no new Conditional Use Permit application has been filed, that CUP 99-43 is no longer valid. 4. That the information in the Police Reports is irrelevant and inadmissible hearsay that should not have been presented to the Planning Commission as evidence. Legal counsel has noted that the that the formal rules of evidence for a court of law do not apply in the framework of the Planning Commission or City Council hearing. The Planning Commission decision was based on the entire record including written reports, and presentations in an advertised public hearing as prescribed by law. The decision of the planning Commission was also based on the owner's admission that they had violatad the conditions of approval the use eras permitted under. 5. The City is basing the decision on an unproven allegation that substantial modifications were made to the floor plan layout because the improvements were never made under CUP99-43. Substantial modifications to the approved floor plan including fhe addition of a large dance Poor, removal of booths and seating areas, and installation of a DJ booth without the benefit of Planning Commission review. ENVIRONMENTAL ASSESSMENT: When the item was previously approved, the project was found to be categorically exempt pursuant to Section 15301, Class 1 of the Cafrfornia Environmental Quality Act (CEQA) and the City's CEQA Guidelines. This exemption covers minor alterations of the existing private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency's original environmental determination. The building was originally built and had been used as a restaurant. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site to properties to the north, south, east, and west. CONCLUSION: The Planning Commission determined that the business 'morphed' from a restaurant to a bar/nightclub and the owner is responsible. The Planning Commission was also concerned that the business through their actions has made the City responsible for the collateral damage that the business has imposed on the community. The Planning Commission's decision to revoke was in keeping with their duty to keep the community safe, to protect the residents, and the businesses nearby. Sufficient evidence and testimony has been presented to make the findings required by the City Municipal Code to revoke the Conditional Use Permit by adoption of the attached Resolution. P-200 CITY COUNCIL STAFF REPORT CUP99-43R-THE BEER MUG September 1, 2010 Page 6 Respectfully submitt d, Jame royer, AICP Planni g Director JT:LH/Is Attachments: Exhibit A -Appellant's Letter dated July 22, 2010 Exhibit B -Planning Commission Staff Report dated July 14, 2010 Exhibit C -Planning Commission Minutes dated July 14, 2010 City Council Resolution Upholding the Planning Commission Decision to Revoke CUP99-43 LAW OFFICES OF SOLOMON, SALTSMAN & JAMIESON A Partnuship Including Pmfcssionnl Corpormions 426 CULVER BOULEVARD PLAYA DEL REY, CA 90293 (310)822-9848 FAX (310) 822-3512 P-207 ~;. r }~ Ill July 22, 2010 .I(/( 2 ~ 2~'~ f~A~,,,,~ ~ tare ~dI.6' ~ L;~'~S~ VIA HAND DELL ERY z~~~.s~cran ~~p~u~ ~`~(~0I(v1D CITY CLERK { `e(o City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 RE: APPEAL DECISION OF PLANNING COMMISSION TO REVOKE THE. CONDITIONAL USE PERMIT CUP99-43R Jesus Roig, ROIG Restaurant Group, Inc. -dba: The Beer Mug 32809 Foothill Boulevard, Rancho Cucamonga, CA 91730, Suite CI-C4 Conditional Use Pcrmit CUP99-43R Jesus Roig and ROIG Restaurant Goup, Inc.. -dba: The Beer Mug appeal the July 14, 2010 decision of the Planning Commission to revoke the Conditional User Permit, as follows: The Notice for the Public Hearing was inadequate, did not provide reasonable notice of the charges against the Appellants' business and misstated the City's hearing rules. The City's Staff Report referenced a number of purportedly documented incidents as grounds for revocation, but the City failed to provide the Appellants with unredacted supporting documentation for these alleged calls for service/incidents, depriving Appellants of a meaningful opportunity to defend themselves and conduct their own inquiry into the alleged events the City argued support revocation in this case -thus, depriving Appellants of a fair hearing. Moreover, much of rho information contained in the police reports retied on by the City is irrelevant and inadmissible hearsay that should not have been presented as evidence or considered by the Commission and cannot support a revocation of Appellants' Conditional Use Permit. The City noticed the revocation of CUP 99-4312. However, CUP 99-43R never vested and therefore is not the operative CUP for the premises, The operative CUP for the premises is CUP 97-30, which explicitly permits entertainment. Much of the City's decision to revoke CUP 99- 43R was based on allegations that .Appellants provided entertainment without having an Entertainment Permit. However, the City erroneously denied the renewal of Entertainment Permit on the incorrect basis that CUP 99-43 prohibited entertainment at the premises, The City is incorrect in this contention because the righu and obligations of CUP 99-43 never vested because CUP 99-43 sought authorization for an outdoor patio dining area, but this use was never constructed or implemented and therefore CUP 99-43 never became operative and never vested. Cs. /i 1 1 I~ I i /~ P-202 Page 2 of 2 Additionally, the City bases its revocation decision on the unproven allegation that "substantial modifications to the approved floor plan were made." However the City did not and cannot prove that these modifications were ever made because the City is comparing these changes to the proposed floor plan submitted with CUP 99-43R. I-Iowever, the proposed floor plan of CUP 99-43R was never built and the proposed changes reflected in the proposed floor plan submitted with the application for CUP 99-43R were never made. Thus, the current floor plan is the same as the floor plan of the premises when CUP 97-30 was approved. Thus, no changes were made fo the location's floor and the City failed to prove this purported reason for revocation. The City violated Permit Holder's due process rights (procedural and substantive) when it forced Permit Holder/Appellants into an administrative hearing process: 1) without providing full, complete and unredacted documentation of all relevant supporting materials in response to discovery requests; 2) failed to give adequate and proper notice of its intent to revoke the applicable permit; 3) the City noticed a hearing to revoke a Conditional Use Permit that is inoperative and never vested; 4) the business has been denied the opportunity to obtain all relevant and supporting documents the City contends form the basis of its case for revocation; 5) relied on information and investigations undertaken individually by some of the Commissioners outside the public hearing; 6) relied on documents discovered on the Internet and which no foundation was provided that images depicted therein were true and accurate depictions of events at Appellants' premises; and 7) refused to have witnesses testify at the hearing ad therefore denied Appellants an opportunity to cross-examine adverse witnesses. Moreover, the evidence does not support the findings, the findings do not support revocation and the City failed to meet its burden in order to revoke the Appellants' Conditional Use Permit. The Platning Commission abased its discretion, acted without jurisdiction and failed to proceed in the manner required by law. Accordingly, for all these reasons and others that may he presented to the City Council, the decision of the Planning Commission should be reversed. Appellants recognize there is always room for improvement and they believe they can address the City's concerns and at the same time, maintain a viable business and provide jobs for their 18 employees on pa}~oll in this economic slowdown that has driven many restaurants in the City to close. The Beer Mug has already Thank you for your Jesus Roig - (on behalf of himself) .lesus Roig (on behalf of ROIG corrective steps that can be made part of the CUP. Date: ~ -aa -10 Inc) Date: ~-~ a' 10 P-203 €~,1, 3ida c'~ ,~ S~ N ~ r (~ Cr r €i i ~~ `, r ~_ 8 I r °= ~~~i` ,~ o ~~ ~ I ;\ r" a ~ ~ Q °i U e ~_ _ ~~ ~ I •~ Q '~ p m y =. ~ ~ ~ w GWCo~O ti Y, ~wU 1 C9 ~~t=QQ ~? fBe ~~N¢ ~i~ i s30H1AU10SIt05I6D12345X~ ~ CITY OF F'AHCHO Lt!(:AflCNGA CITY HALL ~ FINANCE AERARTNEHT 1050A CIVIC CENTEk DkIVE kpNCHC CUCAnONGA CA 91130 ~ 9P,9-4?7-2300 RECEIPT; CRf447?2 DATE.: 07/c2,'10 CA5HIER '1De^%5F072c""E- TIPiE_ 1S_3Ge01-- f.UP 99-43k F'la~mii~g Fees 2,23LAp 10A1NA0.450D CK TOiAI PAID 2,231.00 RECervED iron: ROTE RESTAiIRAHTuR0t1[' IHC L i ;10H1BC1A&kOAiGD12345X GAY t0 THE URDEk OF IItiD.1N DAtM 0F' C.ALIP(T,RRIN~ N.N. CTT1' OF i;A~~ 30 CU MtIM A NCCGUtJT CCf44/.,~ e,~..01's c~u~/c_ P-204 THE CITY OF RANCHO CUCAMONGA Maynr DONALD]. ItUR'I'H, M,D, Maynr Pro Tem L, DBNNIS MICHAEL Counrilmemberr 'r~r-X Ci U'fIERRE1. $AM SPAGNOLO DinNe Waunans Ciry Manager ]ACx Lnm, AICP RAI.~cHo C,UCAMONGA July 15, 2010 Jesus Roig VIA CERTIFIED MAIL 711506084530011 43959 The Beer Mug 12809 Foothill Boulevard, #C1 Rancho Cucamonga, CA 91739 SUBJECT: REVIEW OF CONDITIONAL USE PERMIT CUP99-43R Dear Applicant: The Planning Commission revoked Conditional Use Permit 99-43 at a Public Hearing on July 14, 2010. The revocation terminates entertainment, the sale and on-site consumption of distilled spirits and use of the bar and only allows the sale and on-site consumption of beer and wine in conjunction with a restaurant. As noted in the meeting and the official record, the City has determined that entertainment is not currehtly permitted at this location. The bar use allowed under CUP 99-43 must cease within 15 days of this action. Enclosed are copies of documents pertinent to that action. The decision of the Planning Commission is final following aten-day appeal period that ends July 26, 2010. Appeals must be filed in writing to the City Clerk, state the reason for the appeal, and be accompanied by a $2,231 filing fee. If you have any questions, please call our office at (909) 477-2750. Sincerely, PLANNING DEPARTMENT Lois J. Schrader Planning Commission Secretary LJS/Ijs Enclosure C: Ryan Kroll, Solomon, Saltsman & Jamieson - 711 50'008453001143966 Kit Bopko, Assistant City Attorney Steven Flower, Assistant City Attorney Lawrence, J. Henderson, Principal Planner 10500 Civie Cenmr llr, • i?O. Hnx 807 • Rancho CucamonGa, CA 9q'_9-0807 • Tel 909-977-'70U • f-as `)09-4T-?N49 • www.cirynfrr. us P-205 •~ , STAFF REPORT - PLINNIIvG DEP.~iRTMENT DATE: July 14, 2010 RANCHO C,UCAMONGA TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Adam Collier, Planning Technician SUBJECT: REVIEW OF CONDITIONAL USE PERMIT 99-43R -THE BEER MUG - A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval or in a manner which is not detrimental to the public health, safety or welfare, or materially injurious to properties in the vicinity. The Planning Commission will consider revocation or modification of the approved Conditional Use Permit. Located within the Regional Related Commercial District (Subarea 4) of the Foothill Boulevard Specific Plan, in the Foothill Marketplace located at 12809 Foothill Boulevard, Suite C1-C4 - APN: 0229-031-33. Related Files: Conditional Use Permit CUP97-03 and Entertainment Permit EP97-30. Continued from May 26, 2010, June 9, 2010, and June 23, 2010. The business owner's attorney requested a continuance of the June 23, 2010, Planning Commission hearing to allow for additional time to review the Staff Report and findings prior to the hearing. The Planning Commission continued the item to the July 14, 2010, Planning Commission hearing. Attached to this Staff Report is a copy of the June 23, 2010, Planning Commission Staff Report (Exhibit A). There is no new information to present. . RECOMMENDATION: Based on review of the evidence presented herein, Staff recommends the Planning Commission revoke Conditional Use Permit 99-43, thereby terminating the sale and on- site consumption of distilled spirits and use of the bar and to only allow the sale and on-site consumption of beer and wine in conjunction with a restaurant. Respectfully submitted, R Cy~~ Ja s R. Troyer, AICP v Pla Wing Director JRT:AC/ge Attachments: Exhibit A - Planning Commission Staff Report with Exhibits dated June 23, 2010 Exhibit B - Police Incident Report dated June 9, 2010 Draft Resolution for Revocation of Conditional Use Permit CUP99-43R ~Ai~i'~I 1 P-206 STAFF REPORT ~~ PLANNING DEPARTMENT DATE: June 23, 2010 RANCHO ruUCAMONGA TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Adam Collier, Planning Technician SUBJECT:. REVIEW OF CONDITIONAL USE PERMIT 99-43R -The Beer Mug - A public hearing to examine the business operation to ensure that it is being operated in' a manner consistent with the conditions of approval or in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The Planning Commission will consider revocation or modification of the approved Conditional Use Permit. Located within the Regional Related Commercial District, Subarea 4, of the Foothill Boulevard Specific Plan, in the Foothill Marketplace at 12609 Foothill Boulevard, Suite C1-C4 - APN: 0229-031-33. Related files: Conditional Use Permit CUP97-03 and Entertainment Permit EP97-30. BACKGROUND: A. Project History: • Febn:ary 11, 1998, the Planning Commission approved Conditional Use Permit 97-30 and Entertainment Permit 97-03 for MVP Sports Grill. • November 23, 1999, Conditional Use Pennit 99-43 was approved by the Planning Commission for The Beer Hunter Sports Pub and Grill. This approval was for the sale and on-site consumption for beer, wine, and distilled spirits in conjunction with a restaurant and bar, but did not include any approvals for live entertainment. Conditional Use Permit 99-43 is held by staff as the current Conditional Use Permft for the property (Exhibit A). • January 27, 2010, a Notice of Violation letter was sent to the owner, Mr. Roig, with the approved Conditional Use Permit 99-43 notifying him that he was in violation of the conditions of approval. This letter also served notice that all entertainment activities must cease on the property because the owner did not have a valid Entertainment Permit (Exhibit B). • February 23, 2010, in response to a letter from Mr. Roig's attorney, City staff prepared a letter clarifying the City's position on the current Conditional Use Permit and lack of a valid Entertainment Permit. Staff requested that the owner submit an Entertainment Permit application if he desired to provide entertainment activities on his property (Exhibit C). • March 24, 2010, based on a request from the Sheriffs Department, the Planning Commission directed the permit to be set for Public Hearing review on May 26, 2010. • March 30, 2010, the Code Enforcement Department issued a Compliance Order requesting the owner cease all entertainment activities because no valid Entertainment Permit exists for the property (Exhibit D). EXH 1 B IT /~ ~~= ~/y~~° P-207 PLANNING COMMISSION STAFF REPORT CUP 99-43R June 23, 2010 Page 2 • May 3, 2010, Planning Department staff along with Deputy City Attorney Mr. Bobko, met with the business owner Mr. Roig and his attorney Mr. Kroll. Staff discussed with Mr. Roig about the current status •of his CUP under review, as well as some of the outstanding violations on his property. • May 26, 2010, Planning Department staff prepared a letter outlining the compliance issues at the property. Staff again requested that the owner cease all entertainment activities. • June 2, 2010, the owner's attorney delivered a letter to the City stating his client, Mr. Roig, would submit applications for aNon-Construction Conditional Use Permit and Entertainment Permit by June 9, 2010. The letter also states that the owner had ceased all forms of live entertainment as a show of good faith. • June 7, 201 D, staff received a Iettef from the owner's attorney requesting a continuance of the June 9, 2010 Planning Commission hearing to allow his client additional time to prepare the applications for submittal. • Staff requested a continuance of the June 9, 2010 Planning Commission hearing to allowfor the applicant to submit these applications by June 14, 2010. • Following the June 9, 2010 Planning Commission hearing, the Sheriffs Department along with a member of Planning Department staff, conducted a compliance inspection at approximately 10:45 p.m., during which live entertainment, consisting of a DJ and dancing, was observed at the property. B. Police Incidents: Sampling of incidents and the copies of the police reports are attached (Exhibit E) for the subject location as follows: Reoort no. Date Descriotion DR # 110912659 10/18/09 Attempted Murder DR # 110913220 10/31/09 Battery DR # 111000872 01/23/10 Attempted Murder DR # 111003461 03/26/10 Assault with a deadly weapon DR # 111005346 05/08/10 Miscellaneous Incident {Alcohol served to underage patron resulting alcohol poisoning} C. Joint Inspection Results on February 11, 2010: Upon site inspection, the Planning Department noted multiple modifications to the interior floor plan including a relocated and expanded dance floor, removal of booths and eating areas, and a the addftion of a large DJ booth. P-208 PLANNING COMMISSION STAFF REPORT CUP 99-43R June 23, 2010 Page 3 Joint Inspection Results on June 9, 2010: Upon site inspection, the Planning Department staff noted approximately 30 to 40 patrons standing or sitting of tables or around the bar, and one couple was dancing in the southwest corner of the bar area. The lights were low with a disco ball and strobe type lights flashing. An individual was identified in the DJ booth with a laptop and two external turn tables to mix songs, and was also in control of the music videos being played throughout the restauranf. The individual was also wearing headphones allowing the DJ to hear the upcoming music to be played. It was clear that the individual was acting in the capacity of a DJ and was mixinglplaying music and videos for the entertainment of patrons. A flyer advertising the event was also found on the Internet (Exhibit G). D. Applicable Municipal Code Sections: The following Code Sections are relevant to the review of the Conditional Use Permit: Conditional Use Permit RCMC 17.04.030 -Conditional Use Permits G. Revisions/Modificafions. Revisions or modifications of Conditional Use Permits can be requested by the applicant. Further, the Planning Commission may periodically review, modify, or revoke a Conditional Use Permit.' Revisions/Modifications by Applicant. A revision or modification to an approved Conditional Use Permit such as, but not limited to, change in conditions, expansions, intensifcation, location, hours of operation, or change of ownership, may be requested by an applicant. Such request shall be processed as described in Sections 17.04.030-C through F. The applicant shall supply necessary . information, as determined by the City, to indicate reasons for the requested change. 2. Periodic Review. The Planning Commission may periodically review any Cohditional Use Permit to ensure that it is being operated in a manner consistent with Conditions of Approval or in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. If, after review, the Commission deems that there is sufficient evidence to warrant a full examination, then a public hearing date shall be set. Modification or Revocation. After setting a date for public hearing as described in Subsection 2 above, the Planning Director shall notify the applicant and owners of the CUP in question. Such notice shall be sent by certifed mail and shall state that the Commission will be reviewing the CUP for possible modification or revocation. It shall aiso state the date, time, and place of hearing. The public hearing shall be conducted and notice given in accordance with Section 17,02.110. The Planning Director shall fully investigate the evidence and prepare a report for the Commission's consideration. Upon conclusion of the public hearing, the Commission shall render a decision to do one of the following measures: If the PLANNING COMMISSION STAFF REPORT CUP 99-43R June 23, 2010 Page 4 Planning Commission either modifies or revokes a CUP, then they-shall state reasons for such action within the resolution. a. Find that the CUP is being conducted in an appropriate manner and that no action to modify or revoke is necessary; or, b. Find that the CUP is not being conducted in an appropriate manner and that modifications to conditions are necessary; or, c. Find that the CUP is not being conducted in an appropriate manner and that modifications are not available to mftigate the impacts and therefore revoke the permit, which requires the operation to cease and desist in the time allotted by the Commission. H. New Applications Followino Denial or Revocation. Following the denial or revocation of a Conditional Use Permit application, no application for a Conditional Use Permit for the same or substantially the same use on the same or substantially the same site shall be filed within one year from the date of denial or revocation. (Ord. 528 § 7, 1994; Ord. 211 § 6 (parf), 1983) ANALYSIS: A. General: Following a site inspection and research conducted on the status of the permits for The Beer Mug, staff found that there was not a valid Entertainment Permit issued to The Beer Mug, as Entertainment Permits are not transferrable between owners. City Staff sent the owner a Notice of Violation letter notifying him that he was in violation of the Conditions of Approval of CUP 99-43, and that entertainment was not permitted under that CUP. The owner's attorney, Mr. Kroll, presented a letter to staff identifying several points of contention with the City's letter, After further research, it was identified that staff previously issued an Entertainment Permit renewal in error to Mr. Roig under a previous Conditional Use Permit and Entertainment Permit (97-30 and 97-03). Staff prepared a second letter dated February 23, 2010, clarifying several points and noted that the renewals were erroneously issued and the owner would need to submit a new Entertainment Permit application. The reason for this is because Mr. Roig took ownership of the business subject to the conditions set forth in Conditional Use Permit 99-43. Staff also informed Mr. Roig that all entertainment activities must cease until such time as he obtained a valid Entertainment Permit. On March 30, 2010, the Code Enforcement Department issued a Compliance Order requesting that the owner cease all entertainment activities. On May 3, 2010, the Planning Department staff met vdith Mr. Roig and his attorney to discuss the current status of his CUP under review, as well as the outstanding compliance issues. Staff prepared afollow-up letter P-209 PLANNING COMMISSION STAFF REPORT CUP 99-43R June 23, 2010 Page 5 on May 26, 2010 outlining these compliance issues and again requested all entertainment activities cease because there was no valid entertainment permit for the property. Mr. Roig's attorney delivered a letter to the City dated June 1, 2010 which stated that his client would submit a Non-Construction Conditional Use Permit and Entertainment Permit application by June 9, 2010. The letter also stated the owner had ceased all forms of live entertainment as a show of good faith while the application was pending. Based on this letter and the representation of the owner's attorney, staff requested a continuance of the June 9, 2010 Planning Commission hearing to allow Mr. Roig additional time to submit these applications. However, following the June 9, 2010 Planning Commission hearing, staff conducted a Joint Inspection with members of the Police Department at approximately 10:45 p.m. during which live entertainment, consisting of a DJ and dancing was observed at the property. Based on the issues noted above and the calls for service outlined in the attached documents, the information gathered clearly establishes the subject business has been operating out df compliance with the Conditional Use Permit 99-43. B. Environmental Assessment: When the item was previously approved, the project was found to be categorically exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. This exemption covers minor alterations of the existing private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency's original environmental determination. The original building operated as a restaurant. FACTS FOR FINDING: Conditional Use'Permit The evidence indicates that; 1. The subject business is being conducted in a manner detrimental to the public health, safety, and welfare as evidenced by the number and severity of police calls for service emanating from or associated with the business; and 2. The existing business has operated with live entertainment without an approved Entertainment Permit, which is a violation of Section 5.12 of the Rancho Cucamonga Municipal Code. 3. Substantial modifications to the approved floor plan including the addition of a large dance floor, removal of booths and seating areas, and installation of a DJ booth without the benefit of Planning Commission review. P-210 PLANNING COMMISSION STAFF REPORT CUP 99-43R June 23, 2010 Page 6 4. The existing business does not convey a restaurant use, rather, the subject business is operating as a de facto nightclub without the proper City approvals or the required Type 48 liquor license. CORRESPONDENCE: This item was originally advertised as a public hearing in the Inland Vallev Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site prior to the Planning Commission hearing of May 26, 2010. This matter was subsequently continued specifically to the hearings of June 9, 2010 and again to June 23, 2010, and therefore no additional advertising was required. RECOMMENDATION: Staffs recommends that the Planning Commission, based on review of the evidence presented herein and presentations by staff, revoke, Conditional Use Permit 99-43 thereby terminating the sale and on-site consumption of distilled spirits and use of the bar and only allowing the sale and on-site consumption of beer and wine in conjunction with a restaurant. Respectfully submitted, ~~^ `~, Jam R. Troyer, AICP Planning Director JRT:AC/ls ~^,.yw' Attachments: Exhibit A - Staff Report dated November 23, 1998, for Conditional Use Permit 99-43 including Resolution 99-26 Exhibit B - January 27, 2010, Notice of Violation letter sent by the Planning Department Exhib ~ C . - February 23, 2010, Notice of Violation response letter from the Planning Department Exhibit D - March 30, 2010 Compliance Order from the Code Enforcement Department Exhibft E - May 26, 2010 Status of Compliance letter from the Planning Department Exhibit F - Police Incident Reports Exhibit G - Flyer advertising entertainment at The Beer Mug for June 9, 2010 Draft Resolution for Revocation of Conditional Use Permit CUP99-43R P-211 P-212 CITI' OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: 6Y: SUBJECT: 'November 23, 1998 Brad Buller, City Planner Can Coleman, Principal Planner Douglas Fenn, Associate Planner GRILL - A 2 uest to e - ~ ~ " ""' ~ ' ""~' `" arum i 5 PUB AND q stablish a sports bar, arcade, and bll(iards in conjunction with a restaurant within an exfsfing building with a leased space of 8,869 squat feat, in the Regional RelaL°d Commercial District of the Foothflt Marketplace center, located at 12609 Foothill Boulevard - APN: 229.031-14. BACKGROUND: In November of 1996, the Planning Division issued a business License for MVP Sports Grill for a restaurant without liw enteitainnwnf for the subject site. However, the sports bar expanded ft's us=_ to include iive enfe~inment Because of the expansion, the appli~nt had to submit a Gondi6oral Use Permit and an Entertainment Penult appliation to the planning Commission. On February 11, 1998, the Planning Commission approved Conditional Use Permit 97-30 end Entertainmerit Permit 97-03 to allow the five entertainment for MVP Sports Grfll. The be ow)t sports bar request byBeer Hunter, dbes not include five entertainment (see proposed use ANALYSIS: A. Proposed Use: Restauznts with a tsar serving ahohofic beveages ar=. conditionally pennitl°d in the Regional Related Commercial District. The applian±, Bob T"nomas, proposes a full s=rvi~ sports bar and restauant The sports bar and res`u3uarrt, also provides N coverage (satellite few,-d) of sports events such as: footaall, baseball, basketball, boxing, and other non- televisedsports related a^tivi6es (suer as darts and bflGards), for the enjoyment of tine patrons. The appii~nt also proposes to construct a 150 square foot weather encosure at the front entance, which w(II prote~ patrons from the Santa Ana winds. This enclosure is designed to mater the existing building facade. Additionally, there will be an outdoor patio dining area (approximately 675 seuare feet, to scat 40 patrons), which will be enclosed with the e g landscape planters, proposed wrought iron type fencing, and landsca ° xisfin p.. planters. B. Cpmoatibifity of Uses: The subject site is within the Foathtll Marketplace shopping center. Most of the surrounding lease spaces are occupied by a variety of fast food and retail uses and services, MVP Snorts Gri(I had been in operation at the subi°ct site since December of 1996. The proposed use will cr=_ate more activify~ in this ple=a, which is the main pia for the entire shopping center. ~AI-l~8! 1 Q p~ c~i~3~o ~;. CfTY PLANN'cR STA'rF REPORT CUP 99.43 -BEER HUNTER SPORTS PUB & GRILL November 23, 1 oog Page 2 ~~ P-2'~ 3 C. Public Safety Concerns: The Police Departrnent has reviewed the proposed use and has no comment The Bulldiny and Safety Division and the Fire Prevenfien Untt have also reviewed the proposed uses. A conditicn of aoproeal has been included that requim_s the applicant to meet all epplirable modes for interior modifiation and improvements and that the building be inspected before occupancy. Hours of Ooeafion: Business hours of operation are Sunday thrcugh Saturcfay between the Hours of 11:00 em. and 2:OD a.m. During football season (September though January) th=_ establishment is Dean at 9:00 a.m. on the weekends. The personnel operatien corsists of 6 to12 employees per sh(tt depending on weekda}"s and weekends. A nomtial day consists of two shifts. E. Parkin :The total square footage fcr the Foath(II Marketplace shopping center is 6D8,000 square feet. Based on the parking ratio of 5 spas per 1.OD0 square feet of #loor area, the total number of parking spaxs required is 3,D40. However, the number of parking spaces on- site for the entire shopping center is 3,246 spaces. The parking ra4o also takes into ;.onside2tion allowing 15 parent of the total floor area (91,20D square feet) fo tre food users. The total parentage of food users including the proposed business (49,5+4 square feet) is 8 percent Therefore, the site has sufricient parking to accommodaL the proposed business. F. Environmental Assessment The application is exempt.per Secfion 153D1 of the Gaiffomia Environmental Quality Ab. G. Ccneiusion: Based upon the above analysis, staff believes that the proposed activity is compatible with the surrounding- retail uses and complies with the objectives of the Foothl(I boulevard Speafic Plan. RECOMMENDATION: Staff recommends that the City Planner approve Conditional Use Permit 99- 43 through the adoption of the attached Resolution of Approval with conditiens. BB:DF:mlg Attachments: Exhibit ".A^ EXhIDIt ^5" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "~" Resoluton - Information Sheet - Applicant's Lett_.r - Foothill Marketpiac=_ Subieot Site Plan - Floor Pian - Elevation Plan - Tenant List of .Approval with Conditions Principal Planner ..~ INFORMATION SHEET CONDITIONAL USE PERMIT 9943 FILE NO: CONDITIONAL USA PERMIT 99-43 PROJECT N.AM=: The i3eer Hunt=_r Sports Pub and Gnll APPLICANT: Bob Roy Restaurants, inc. LOCATION: 12809 Foothill 8ou(evard LAND US_ CLASSIFICATION: Regional Reiatetl Commerial EXISTING ZONING: Regional Related Commercial EXISTING LAND USE: A vacant retail space within the Foothill Marketplace Shopping Center GENERAL PLAN DESIGNATION; Commercial ADJACENT ZONINGr AND USE: North: Church ofrces, 2tail, service s~tion (across r'oothill Boulevard); Community Commercial, 'roothlil Boulevard SPeeifie Pan (Subarea 4). Fast food reshu2nts and video store to the north within the shopping center, Regional Related Commercial (Subarea 4). South: Metropolitan Water Dismct Reservoir, tight Indusirfal, Footnfll boulevard Specific Plan (Subarea 4). East Vaant land and single-amity homes (aooss Efiwanda Avenue); Community Commercial, Foothil( Boulevard Specific P{an lSuba2a 4) and Low Residential, Efiwanda Specific Plan. Fast food restaurants Gall Food-4-Less grocery store within the shopping center, Reeioral Related Commerial, Foothill 3oulevard Specific Plan (Subarea 4). West: Fast food resaurant, retail; Regional Related Commercal, Foothill 9oulevard Speck Plan (Subaea 4). SITE CHARACTERISTICS: The sub}e~ site is witttPn the Foothill Marketplace shoppinc center. Most of the surrounding lease spaces are occupied by a variety of fast food and retell uses and services. i P-214 i i Exhibit "A" t1~23/R~ blotch ! 9, ! 99B To Wnam It Mey Cmr.^em; From: The Beret Hutteer Re: Th: Beer HunttxPhilasophy @ Canetpt 7o Wham It May Coneem: Outline bf the Philosophy and concept devek goals arc tm, ~t-nablirlr 7X c Becr Xunrer ar ~~s ~.' for the Seer Hunter Bportc Pub 8 Gr(tL Our miuinn srarrmenr and Ac our company aatem:nt relleas tle tone of the business, we are "77u - P/xae wrrr r n r gather. We alto gv to emit lengths io court.' our goat have an environment with fu n B enjoyment. With that in mind, the cvart_ s~ theme and the surrwnrling ambiance consist of several roofs [o achieve That. Using our L Quinu srore u a model to explain our mneept, wY have foe oonl tabla~ia~ted.around the dinning era as well as the sunlren nru below our bard: of T1r't suspended above for the uhinute viewing ofspo,rting evens. We also have one dartboard, one basketball game, run raniputergolf games, and one shuffleboard and one pinball. machine. We have C.i Lvnerv as will in a!I out etarcs Our operation on a daily basis .-ontisu of6 to Is rmn!^w_es per shift depending an wetskdgs sad wcei,•endt. A rortoal day mmisu of two thifts. .. The, pdim is, it must be a.mmplete pael:age that htis all the ingredients to sumve. In your city alone, you lmow how many, businesses 6acY ;some and gone. !t takes s speriel formula to survive in this tnmient environment, Though the income from those machines egtul_onfy? v n:rr_nt aCto~al sales, they arc a necessity for the concept to work We hair p,~rbtsn approached that we corn resemble an arcade.'1•he frvcgames in I•a Quints in 1997, gen:rered only SS,a00 of the SZ, I OO,Db0 of total eel sales. Again, it is a fpp~p~y ~~ a sports thane. ~ ' tt'tut we hasY Cleated If rivet fDld; firt bring a piste when ono earl enjoy great food at moderate prii:dlt; second, we ha sr mrtounded our guts[ with tome icrm of dittrartirir. and ~6rhusemeni for heir pleawre while waiting for the arrival of their food; third, we itavc:reated the matt in_-rrdi6le rierwing for all 1rw. slranin¢ events in the L'S. Paclaged with to aggrrssrv-. Foni' philosophy we Feel we have s winning eombinativrt Our Food wsscept sans with a ,3reelfist menu served during football srason We haw- an vtttstanding lunch and dinner menu u well including two to three soeculs daily. This mew is served till IOpm every day of the yea;. From I Oom till tam, we o5er a said menu with a limited camber of ourzpciahios, This menu works extremely well with the-late night employees From the loal hoteli and other r~satnartts, cs well as lam night moviegoetx. We hav-_ added banquet facifhiet so our concept to uptwe mare otthc hotel and sports league business in the marls place, We feel stmngfy that will in.-retre otv food sales dnrnatially. K'hat we propose for a!! new la~tions is four or f ve pool tables, one shuffleboard, one dartboard, tvva computer golf gamy one piribafl machine, and possibly one football tabl: If room allows. put protdtype laution has a ' variety o'f7'V't viewable throughout the reaarrrant and bar errs. ••• ' . The purpose for the ClfE' it for the salt of alcoholic beverages and an entrruinmrnr ii:ense. If you Moe any question[ please feel fret u mntaa me. Thanf; you, Btib Thomas 1 P Dbeclor aJ Dperorimu Exhibit "[3" ~. c~ ~~JZ~~ . P.ia De.eR. 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'I . ;~~I?~/'+///°'~/,I^'/ 1t l' ' fh~c y s k I ~' wa y._., p f l .I'I 1' t , wJ/Y 7p!A"~i U F '1 < & ~: a & F n t ry +5~ v .~ '~i I d i 1 I I < ~.., v.\;c~ ~ 'I 'SEC' ~ _~T trll -• ~ ; '+~fy`°Y A. 4't I+1 1 I t E. I I 1 I f' "\\ 'N\ SaM ~ t ^{ w S~ d ' r:u+r51.1*` ~~ ll-I l I I' r (, 1.~ \dr`-\~'t>~.1~1' -Gf E 5~4' S -%6 ~ E ~ ~~A- ~ F~ w~ L1I I'I~I ~'~ '!!161. ri N//w//' ny:{. ~,L v3s~r, r~ ~ '~d'f~. ° U h aPe ~ J _ :~ c 1 r u ~ ' Y-~ TENANT LIST PREPARED FOR CITY ~ R0 •' :HO CUCAMONGA, COMMUNITY :C '1_NT DEPARTMENT FOOTHILL MARKETPLACE, RANCHOrAG. TONGA, CA . LIST OF ALL TcNANTS WITHIN 3D0 FcR OF PROPOSED BEERHUNTER AT 72809 FOOTHILL BLVD. LIST OF NAM.S SUBMITTED BY LEASING AGENT Wattson Breevast, 3600 Birch St, ar250, Newport Beach, CA 92660 ADDRESS ~ (TENANT SPACE NUMHER SQ. FT, HOURS OF OPERATION MAJOR TENANTS VACANT I RDD•A 0,150INlA (FOOD 4 LESS I RCO-A1 SO,DODI24 HOURS, EVERYDAY (MICHAEL'S { ROD-A2 17,50D~9 ,qM TO 9PM. EVERYDAY IPET$MART I RCO•A3 25,D5DI9 AM TO 9PM, EVERYDAY I ~12E39 FODTHILL BLVD. ;SUBWAY I RCO-SB1A I 1,1761DAMT0ID?M,EV=RYDAY (VACANT { RCO-S62A I 1,i76~N/A VACANT ~ RCD-S63A I 1,176{N!A LA NAILS . ~ RCO-SB4.4 J 1,170{9AM TO 7PM, MDN-SAT'. 1DAM TD SPM, SUN 112609 FOOTHILL BLVD, - BEERHUNTER RC0.5C1A-4A 6.869 '11AM TO 2AM, EVcRl';`SXY EXCEPT 'rDOTBALL SEASON, 9AM TO 2AM, SAT•SUN WOK INN' RC4SC5A 1,645 1 DAM TD 10PM EVERYDAY 12799 FOOTHILL BLVD. SUZANNES FLOWER RC0.5D1A 1,176~9)AM TO 6PM, MON-WED, 9AM TO 7PM, THU-FRI FORMERLY CUCAMON FLOWER '(DAM TO 5PM, SAT, CLOSED SUNDAY VACANT RCO-SD2A 1,176{NIA VACANT RC0.SD3A 1,176 N/A VACANT RC0-SD4A 1,1Zfi N/A 12759 FOOTHILL BLVD. ~, VACAM RCO-SE1A I 1.762{N7A APPL= ONE RC0.5F2A ~ 1,7 ' 7:30AM TO 5:30PM, MDN-FRI I 1 ST'SAT OF MDNITH, 9AM TD 3PM MAIL HOXES, ETC. {ROD-SE3A 1,76218:30AM TOoPM, MDN-S.4T, CLOSED SUNDAY FOOTHILL OPTICAL ~RCO$E4A i,762~9AM TO 6PM, MON-SAT, CLOSED SUNDAY {HUNvRY HOWIES RCO•SESA' ~ 1,762 11AM TO 9PM, EV=RYDAY VACANT ~RC0.5_°6A 1.782 NIA I ~ I 9123/99 oZLl6'b'O'vJNOW`dORO OHOhi`da 30'dldl3Na`dW 7lIHlOd~ 'O/1l8'1lIFi1Odd 60BZ1 lliL'J'8 9Rd 51?lOdS ~f31Nf1H ~13~9 3H~ d w p m n p m A f LL W= w m ~ H b U Q n < w m w Q= N q O LL m b e Y 5 v a s ° m _~ n ~m a- O~ =G 4U a flJ e r r r i 0 0 P 18 .~ 6 ~_~ Z Q W O J -~ _ ~ ~ II .. z °~ ~ ~ X v W Cn "'.. - _ P-2~9 i ~ O -. _ \:~ w `~ ~ o ~ _~ ~ n ~~. . _ z~.. ~~ m ~ _ _ X v w cn :- ve J 11123(9 w z I I '~ ~ I I j I ~ I~ ~_ ~- ..... .. . ...... / j' l; ~ 2 ' ' 1 ~ 1 2 ~ ~ _ `fi [L ~ r 7r:___^ ~~ fW6 ~~ ~3 ~~ a~ e'° ^p m I ~~ N W ~o~ 1:? (`- i~~< I~ ~ ii ~ ,~ . e; ~: O w u. _, ~ w z ~m~ `~' ~_. Ge~ P-220 TENANT LIST PREPARED FOR CR 'RPUCHO CUCAMONG,ek, COMMUN(l~i' 1r'V[ENT DEPARTMENT FOOTHILL MARKETPLACE, RANG .,JC ,ONGA, CA LIST OF ALL TENANTS WfTHIN 30D FEET Or' PROPOSED BEERHUNT'cR AT 12609 FOOTHILL BLVD. LIST OF NAMES SUBMITTED BY LEASING AGENT Wattson 6reevast,,36D0 Birch St, X250, Newport Beaeh, CA 92660 ADDRESS T=..NANT I SPACE NUM9ER SQ. FT. HOURS OF OP~i,4TION (MAJOR TENANTS VACANT I RCD-A 6,15D N!A IFDOD 4 LESS RCO-A1 6D,DD0; 2S HOURS, EVERYDAY MICHAEL'S I RC0.A2 17,5001 9 AM TO 9?M. EVERYDAY ' P=TSMART I RCD-A3 25,D501 9 AN, TO 9?M, EVEPYDAY 12639 FOOTHILL BLVD. 1 1 SUBWAY RC0.561A 1,176 ADAM TO 1DPM, EVERYDAY VACANT I RCO-562A 1,1761 N/A VACANT RCO-SB3A 1,176 N1A L.A NAILS RCO-SB4A 1,176 9AM TO 7PM, MON-SAT, 1DAM TO SPM, SUN 12809 FOOTHILL BLVD, 1 HEERHUNTER ,_ RCO-SC1A-4A 6,8691 11AM TO 2AM, EVERYDAY WOK INN. RCO-SC6A ~ I 1.645 EXCEPT FOOTBALL SEASON, 9AM TO 2AM, SAT-SUN ' 1 DAM TO 10PM, EVERYDAY 12799 FOOTHILL BLVD. 6;UZANNc S FLOWER FORMERLY CUCAMON FLOWER IRCO-SD1A 1,176 9AM TO 6PM, MON-WED, 9AM TO 7PM, THU-FRI 1 OAM TO SPM, SA7, CLOS'eD SUNDAY VACANT IRCOSD2A 1 1,176 N!A VACANT IRCO-SD3A 1 1,170 N/A VACANT RC0.5D4A 1,170 N/A 12759 FOOTHILL BLVD. VACANT IRCO-SE1A 1 1,762 N/A APPLE ONE IRCO-SE2A 1,762 17:3DAM TO 5:3DPM, MDN-FRI 1ST SAT OF.MONTH, 9AN.• TO 3PM MAIL BOXES, ETC, IRCO-SE3A 1,762 6:30AM TO 6PM, MON-SAT, CLOSED SUNDAY FOOTHILL OPTICAL IRC0.5E4A 1,762 9AM T06PM, MON-SAT, CLCSED SUNDAY HUNGRY HOWIES IRCO-SESA 1 1,762 11AM TO 9PM, =VERYDAY VACANT IRCD-SE6A 1,762 1 N/A 1 P-2 1 +~xhibit "F" I; LI~L3~4~ ~ RESOLUTION NO, 99-26 A RESOLUTION OF THE PLANNING COMMIS510N D'r TH'c CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT N0. 9?=43, A REQUEST TO ESTABLISH A SPORTS BAR, ARCADE, AND BILLIARDS IN CONJUNCTION WITH A RESTAURANT IN AN c'XlST1NG BUILDING WITH A LEASED 5PAC'c OF B,BE9 SQUARE FEET, LOCATED AT 126Q9 FOOTHILL BOULEVARD, AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 229-031-14. A. Recitals. 1. Bob Tnamas of-the Beer Hunter has flied an application for the issuance of Condifionrl Use Fermk No. 99-03, as described in the title of this Resolution. Hereinafter, in this Resolution, the subject Gondiional Use Pennk request is referred to as "the appfiavon." 2. Gn November 23, 1999, the Cky Ptann>r of the Cky of Randio Cu~monea conducted a duly noticed pubiic hearing on the appiia6on and concluded said hearing on that date. 3, AI( legal pr:requiskes prior to the adoption of this Resolution have occurred. 8. Resolution. NOW, TH=R.FORE, k is her=_by found, d'termined, and resolved by.the City Planner of the City of Randio Cu~mohaa as follows; . 1. This City Planner hereby specifically finds that aII of the facts set forth in the Recitals, Part A, of this Resolution are Prue and oorrecL • 2. Based upon substantial evidence .prose:nted fo the Clty Planner during the above- referenced pubiic hearing on November 23, 1999, induding wrttten and oral shaft reports, together wkh pubiic testimony, the City Planner hereby specifically finds as follows; a. The appii~tion applies to property forted at 12BQ9 Foothill i3oulevartl and adjoins the main pedestrian plaza for the Fcofhill Marketptace shopping center, and b. The property to the north of the subjed site is designated for commerial uses and is developed wkh o~ces, a church, retail, and a service station; the property to the south consists of a AAetropoiitan lhater Distri~ reservoir, the property to the east is developed with single family shppping cente ra ~ rty to the west consists of oth_r lease spaces within the Foothill Marketplace c. The proposed uses consist of full bar and restauant services, and sports related arade type acfivkies entertainment (no live entertainment). d, The proposed uses would be compatible with surrounding land uses. P-222 e. Restaurants serving alcoholic beverages are allowed in the Regional Related Commercial designation of the Foothill Boulevard Specific Ptan subject to review and approval of a Conditional Use Permk appiicafion; and - CITY PLANNER RESOLtk~ `N "O. 99-26 CUP 9?-43 - BEcRHUNT9Mt'Si .RTS PUB & GRILL November 23, 1999 Pace 2 f. The subject property is within a designated Activity Center pursuant to the Foothill Boulevard Speafic Pfan. g. Tne development of the sports bar is consistsnt with the Regional Commerdal designation of the Foothill Boulevard Specific Pfan and the Commercial designation of the General Plar,; and h. Ths application, with the attached conditions of approval, will comply with all applicable standards of the Foothill Boulevard Specific Plan and ths Development Cods, 3. Based upon the substanEal evidence presented to the City Planner during the above- reteronced public hearing, end upon the specinc findings of facts set forth in paragraphs 1 and 2 above, this Commission hersby finds and concludes as follows: a. Ths proposed use is in accord with the General Plan, the objectives of the Development Code and the Foothill 8oufevard Specific Ptan, and the purposes of the district in which the site is located in that the use provides a neighborhoodldistrict level commercial service including commercial recreation activiEies. b. The proposed use togsther with the conditions appiirahis ths2to, wip not be detrimental to the public health; safety, or welfare or materfaliy injurious to properties or improvemerrts in the vianity bemuse the applicant will implement z sscurity system and cattalo site improvements to control activities related to the use; and d, The proposed uss complies with each of the applicable provisions of the Development Cods and the Foothill Boulevard Spec'mc Pfan. 4. The City Planner hsreby finds and determines that the project idantifled in this Resolution is afegorically exempt from the requirements of the Cai'rfomta Environmental Quality Act of 1970, as amended, and the building promufaated thereunder, pursuant to Section ?x301 of the Slats CEQA Guidelines. 5. Based upon the findinos and conclusions sat forth in paragraphs 1, 2, 3, and 4 above, the City Planner Commission hereby approves the application, subject to each and every condition set forth below and in the Standard Conditions attached hereto and incorporated herein by this reference: Plannino Division 1) No outdoor serving of alcoholic f~verages shall commence until all conditions have been met, to the satisfaction of Yne City Ptannsr. 2) Tns days of opsrafion shall be limfted to Sunday. through Saturday between the hours of ?1:OD a.m. and 2:D0 a.m. and shall be limited durinc football sszson (September through January) from 9:00 z.m, to 2:00 a.m. 3) No adult entertainment, as defined in the P.ancho Cucamonga Municipal Code; Section 17.04.090, shall be permitted. .., , i r~.r~tVIVCK KtSVLV ~~N NO. gg_?b CUP 99-43 - BBHRHUNT~, °pRTS PUB & GRI LL ~ p_yyq November 23, 1989 Page 3 4) The arse designated for outdoor serving of alcoho(fc beverages may be enclosed for secudty. Any security fencing shall be decorative wrought iron ailing or similar decorative malarial and shall not contiict wkh pedestrian passageways or other businesses. The specific typo, design, and placement of any enclosure shall he ~ subject to Clty Planner review and approval. ~) Outdoor furniture associated with the. proposed outdoor dining shall be Limited to the number and lotion on the approved S}te Plan, shall be designed to withstand high Santa Ana winds, and shall be consistent with the Foothill Marketplace deign theme to the satissaction of the City Planner. i3) Roof screening shall be provided on ail sides to screen views of any new rooftop equipment (including satellite dishes); 'rf needed. The final design of the screen shall be reviewed and approved by the City Planner. 7) If the opeafion of the business creates law enfarcemenf andior fire safety problems, such as; but not limited to; lettering and disturbanc~.s; noise, over~owdrng, blocked fire exits, etc„ the Conditional Use Parrott shall be brought before the City Planner for consideafion of modmcaiion andlor revogfion. .. 8) No parson under 1 B years of ace may enter, be in or remain in any part of a sports ar~de or billiards area during the hours school is in regular session and after curfew. This limitation shall 6e prominently pasted at the entrance of the facility, in fetters not less than 1-inch in height, and shall be enfored by the adult supervisor. . 9} Change-making or token exchange facilifies shall be provided for patron use inside the premises. 10) Access to the sports arcade end 6flGard area must'be provided for safe and 'convenient patron circulation and shall meet the 'following minimum standards: a) Amusement devices shall be.focated no closer than 12 inches from any wall assembly separating the arcade from any adjacent building or portion of a building, b) Provide a minimum of o60 inches between amusement devices and any entente or exit. c} Whara amusement devices are located along one side of an aisle, provide a minimum unobst^u~ ed aisle width of 5S inches. Wnere amusement devices are located along both sides of any aisl>, provide a minimum unobsfruc~ed aisle width of 9D inches, CITY PLANNER RESOLyy IN "O. ?9-26 CUP gg-43 - BEERHUNTL4c Si ,RTS PUB & uRI LL November 23, 1999 Page 4 d) Additional interior clear space may b=_ required by the Building OFnael, Foothill Fire District or Sheriff's Department in order to mairftain public safety. 11) Nc amusement device shall be used for purposes of or in connection with gambling. Tne winning of anything of value shall constitute cambling, except the winning of a pr¢e in a scheduled toumamenf. 12) Approval of this request.shall not waive compliance will a!I sections of the Development Code and a0 other appli~ble Ciiy Oniinan~ in effect at the time a Certificate of Occuoany is granted. 13) Tnis approval shall run with the eppiiart and shall beame vcid upon a change of ownership if the business operation ceases. i4) The paridng lot shall be posted'"No Loitering" in letters not less than 1-ink in height on signs, to the satisfaction of the City Piannsr and Sheriff`s Department 15) Use shall not commence until such time as all condifions herein, Uniform Building Code and State Fire Marshall reputations have been. complied with. The premises and the grounds shall be inspected for compliance prior to commencement dt use. 16) Any modification to the approved plans after oc.^upancy of the building may require additional review andlor permits from the Rancho Cucamonga Fire Protection District and the Building and Safety Division, 6, The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY DF NDVEMHER, 1999. BY' ~"~ ~ B er, ' v P er AT i -_ST.~ .. Lois J. Sdttrader I, Lois J. S;:hrader, Secretary to the Planning Div'uion for the City of Rancho Cucamonga, do hereby certify that the foregoing Resobrfion was duly and regularly introduced, passed, and adopted by the City Planner of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 23rd day of November 19?9. s \ COMMIJNiTY DEVELOPMENTP-226 DEPARTMENT STANDARD CONDITIONS PROJECT #: Condltonal Use Penult gS-g3 SUBJ_C7: Sooris Bar APPLICANT; The Beerhunter Scotts Bar and Grill LOCATION: ~28~9 Foothill Boulevard ALL Or THE rOLLOVI?Nu.CONDITIONS'APPLY,F'O.YOUR PROJECT: APPLICANT SHALL CONTACT TH'c PLANNtNv' DIVtSIDN, (9Qg) g77_y75p ~ FOR COMPLIANC. fNfTf•I THE POLLO WINv CONDITIDNS: A. Time Limtts ~. kpproval shall expire, unless ex4nded bS' the CIry ,F~lenner, tf budding permis are not issw_d or approved use has not commenced within 24 months from the date of approval. 2. Conditional Use Penult, Variance, or Developmenl/Design Review aparoval shall expire if building permits are not issued o; approved use has not wmmenced within 3 years from ttw date of approval. No exfensions are allowed, @. SIEe Development 1. The site shall be developed and maintained in a~rctancewlth the approved plans which include site plans, arohttectural elevations, exterior matArials and colors, tandsraping, sign program, and grading on file in the Planning Division, the condttions contained herein, Development Code regulations, and the Foothill 9oulevard Specific Play. 2. Prior to any use of the project site or business a.^uvity being commenced thereon, all Conditions of Approval shall be nmpleted to the satisfaction of the Clty Planner. 3. Occupancy of the fa~li6es shall not;ammence until such tinw_ as all Uniform Building Code and State t=ire Marshal regulations have been compfw_d with. ?riot to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection Disiri~ and the Building a nd Safety Division th show xmpGance, The buildings shall be inspected far compliance prior to occupancy, 4. Approval of this reouest shall not waive compfance with all sections of the Development Coy=, all otherapoliable City Ordinances, and appiicab!e Community or Specific Plans in efre~ at the time of building penult issuance. yCRIGlIIOII Q!(6 /_ _! / -t-_1.._ I_1_ -~-~_ -~-~- LC d~ _. C. Shopping Centers Projerl No. CUP B0.d3 Comolelfon fete 1. A uriifonn hards~pe and street furniture design including seating benches, trash receptacles, free-standing potted plants, bike racks, tight bollards, etc„ shall be util¢ad and be compatible with the ar~tltectural style. Detailed designs shall be submitted for Planning Division review and approval prior to the issuance of building prnnits. 2. Graffiti shat) be removed within i 2 hours. 3. The entir=_ sit shall be kept free from trash and debris at all limas and in no event shall trash and debris remain For more than 24 hours. 4. All ooeafions and businesses shall be conducted to comply with the following standards whi :h shah be incarpoated into the lease agreementr far all tenants: a. Noise Level -All commercial activRi>s sFia~ not treat any noise that would ex~~ an anterior nose level of 60 dH during the hours of ~ D p.m. unEl 7 a.m. and 65 dB during the hour; of 7 a.m. until 1 D p.in. h. Laadinn and Unloading - No person shall mouse the loading, unloading, ripening, closing, or other handling of bones, oats, containers, building materials, garbage ins, or other similar objects between the hours of 1 D p.m, and 7 a.m unbss otherwise specified herein, in a manner whir would mouse a notre disturtoanx tD a residential area. D. E. Budding Design 1, Ail roof appurtenerrs, including air conditioners and other roof mounted eouipment andlor projections, shall be shielded from view and the sound buffered from adjacent properties end streets es required by the Planning Division. Such screening shall f>° arehiteduraify integrated with the building design and constructed to the satisfaction rif the City Piannar. Details shall ba included in building plans. Landscaping t. Ail walls, fences, and allings.shali be provided with decorafive teatmenL APPLICANT SHALL CONTACT THE FIRE PR'cV_NTIONlNEW CONSTRUCTION UNIT, (BQg} 47'7-27~D, FDR COMPLIANCE WITH THE FOLLOWING CONDITIONS: General Fire Protection Condifions An automatic fire extinguishing system(s) w111 be required as noted below: X Per Rancho Cuamonga Fire Protection Dishier Ordinance 15. Note: Special sprinkler densities are required for such hazardous operations as woodworking, plasbs manufacturing, spray painting, tlammabie liquids storage, high plied stock, etc. Conact the Fire Safety Division to determine if the sprinkiersystem is adeouate for proposed operations. 2. Sprinkler system monitoring shall be irstalied and operational imrnediatly upon completion of sprinkler system. 3, Afire alarm system(s) shall be required as noted below: sc zr~es ! /_ _ _I_ -~-~- / / -~-~- _/ 1_ _.!_/ I I P-227 X Per Rancho Cucamonga Fire Protection District Ordinance 15. X Callfomia Code Reguta6ons Tttfe 24. .~ NFPA 1D1 G. L Pmiea NO. cuo es.n~ Cnmtlelion D~ X22$ -~-1- _!-!- 4. A Knox sapid entry key vault shalt be installed prior to final inspection. Proof of purchase shall be submitted prior to Fnai hullding plan apprrn;ai. Cortta.^t the Fire Safety Dnnsion for soecfflc details and ordering iniortnatian, 5. Fre District fee(s), plus a $1 per "plan Doge" microfiirn fee will be due to the. P,anchD Cu~nwnoa Fire Protection Distri~ as fDiiov.~s; ~ $132 inr Conditional Use Permit. "Not°: Separate plan check fees for Tenant Improvement work, fire protection systems (sprinklers, hoed systems, atartns, etc.) and/or any consultant reviews will be assessed upon submittal of plans, 6. Plans shall be submitted and approved priorto construction in amordance with 1557 UBC, UFC, UPC, UMC, and RCFD Standards 32 and 16 and 1 896 NBC. Special Pemllts 1. Special permits may he weuired, depending on intended use, as noted below: Places ofassembfy (except fur: hes, schools, and other non-profit ocgan'rapons). NOTE: SEPARATE PLAN CHECK F~~S FOR T'e-.yANT IMPROVEMENTS, FIRE PROTECTION ' SYSTEMS (SPRINKLEPS, HOOD SYST~~,S, ALARMS, ETC.), ANDlOR ANY CONSULTANT R=VIEWS WILL BE ASSESSED UPON 6UBMTAL OF PLANS. NOTE: A SEPARATE GRADING PLAN CHECK SUBMITTAL IS ~REpUiRED FOR AL NEW CONSTRUCTION PROJECTS AND FOR EXISTING BUILDINGS WHERE IMPROVEMENITSHEINGPROPOSEDWIt~LGENERATESDCUBICYARDSORMDREOF COMBINED CUT AND FILL. THE GRADING PLAN SHALL BE PREPARED, STAMPED AND SIGNED BY A CALIFORNIA REGISTERED CIVIL'eN^u1NEER -~-1- -!___.!_ _!_/ '_~-1- cC arzsse THE CITY OF RANCHO CUCAMONGA iv!¢yvr DONALD J. KuRr.-~, M.D. _ Mayor Pro7e}~-229 L. DENNIS MICHAEL Courcilmemberr REX GUTIERREZ SAM $PACNOLO DLP.NE WILLIAMS Ciry fdan¢~+cv )ACx LAM, AICP RANCHO G'UCAMONGA January 27, 2010 Jesus Roig The Beer Mug Sports Pub & Grill 12809 Foothill Boulevard, # CI-CY Rancho Cucamonga, CA 91739 SUBJECT: CONDITIONAL USE PERMIT' 99.43 -NOTICE OF VIOLATION Dear Mr. Roig: It has recently been brought to the City's attention that your business operation is not in compliance with Conditional Use Permit 99-43, approved by the Planning Director on November 23, 1999. The approval of this Conditional Use Permit, which is attached, limited the operation to a sports bar with arcade and billiards. An Entertainment Permit was submitted with the application; however, this application.was subsequently withdrawn bythe applicant. Therefore, no live entertainment as defined by Section 5.12 of the City of Rancho Cucamonga Municipal Code, is permitted. This letter is to serve notice that all live entertainment activities must cease and desist immediately, and the business operation must be brought into conformance with the approved Conditional Use Permit 99-43. Should your business operations not be brought into compliance, the City will seek further action, including but not limited to, the revocation of Conditional Use Permit 99-43. Should you wish to modify the Conditional Use Permit to include five entertainment, a new Conditional Use Permit and Entertainment Permit application must be submitted to the Planning Departmentfor review bythe Planning Commission. If you have any questions regarding this letter, or would like to set up an office conference, please feel free to contact the project planner, Adam Collier or Larry Henderson, Principal Planner, at (909) 477-2750, Monday through Thursday from 7 a.m. to 6 p.m. Sincerely, PLAN G DEPARJJTMENT n'' ~~ Jame .Troyer, AICP Plan ' g Director JT:AC/ge Attachment c: Nicholas Clark, Deputy Sheriff Ron Wright, Deputy Sheriff Kurt Keating,/Code Enforcement Supervisor rrH-~1~~~0 ~s ROi Rancho Cucamonga, CA ')i729-USOi • Tcl 909.477-2700 tax 909-47i-?849 • wwuuiryofrcus THE CI7-1' OF RANCHO CL)CAMO1vGA /C9ayn~ uoNni_n 1. Kulrr!+, Ni.B-230 lvlnpr l'ra Trm Counrilmrnobn'; RLY (iU l ll?itl:cZ SnM ll'AGNOi.O DeANil ~~ILLIAMS Cirr A9m+a~rr j~A~fc>-fo ~UC.AMONGA February 23, 2010 The Beer Mug Attn: Jesus Roig . 12809 Foothill Boulevard, #C1-C4 Rancho Cucamonga, CA 91730 SUBJECT: NOTICE OF VIOLATIONS-THE BEER MUG - 12809 FOOTHILL BOULEVARD, #C1-C4 Mr. Roig: The City of Rancho Cucamonga is in receipt of the letter from your attorney dated February 4, 2D10. After reviewing the iettsr, and based on the recommendations from the City's legal counsel, we have determined that the City's issuance of CUP 99-43 superseded CUP 97-30; therefore, ownership of the property was assumed subject to CUP 99-43. Second, based on review of Municipal Code Section 5.12, staff has determined that the Entertainment Permit is deemed to run with the oermittee as it is a business regulation rather than a land use permit. Therefore, the renewals issued for Entertainment Permit EP 97-G3 were issued in error, and no Entertainment Permit exists for .the property because EP 97-03 expired when the prcperry was sold. Staff requests that should you desire to operate with live entertainment, an Entertainment Permit must be submitted to the Planning Department far review by the Planning Commission. Submittal of an Entertainment Permit necessitates the modification of CUP 99.43 concurrently with the Entertainment Permit application. Until such time that the Planning Commission has reviewed your Entertainment Permit application, ail entertainment activities as defined by Section 5.12 of the City of Rancho Cucamonga Municipal Code must cease and desist immediately. If you have any questions regarding this letter, or would like to set up an office conference, please feel free to contact the project planner, Adam Collier, or Larry Henderson, Principal Planner, at (909) 477-2750, Monday through Thursday from 7 a.m. to 6 p.m. Sincerely, PLANNING DEPARTMENT ~' ~~~ ~' Jam R: Troyer, AICP Pian ng Director J RT:AC/ge Attachment c: Nicholas Clark, Deputy Sheriff Ron Wright, Deputy Sheriff Kurt Keating, Code Enforcement Supervisor I( ~~~~f/FmO~ ~ ~ n<;ng .?_9-(1A0; • Tel 9O9_y-;.:7{70 • Faa 909-ti7~.1$49 • ~~nvH,.cin'nlrcus ~ THE ~iTI' OF L`.,^.IJf~HO ~LIC:tiv!ONG'A ~ANCHO ~`,UCAMONGA i~ p Co~~~t=t~ r ~1 ,, o COfVlPLlAf~CE C~RQEEZ The Beer Mug Sports Pub & Grill Attn: Jesus Roig 12809 Foothill Blvd., #CI-C4 Rancho Cucamonga, CA 91739 RE: 12809 Foothill Blvd., #C1-C4 i APN# 0229-031-33 Case. # COt?2010-00811 MavnrP-231 DONALU j. Iii1RT4, Vt.D. Mnynr PmTrm L. JENNIS AQICH,tiL Caunrilmm:Gcn Ciro M¢unnr.- ),q(;}; LAM., /Ui.l~ P,s the last known occupant and/or owner(s) of the property located at 12809 Foothill Blvd., #C1-C4, Rancho Cucamonga, California you are hereby informed that the City of Rancho Cucamonga has determined that violation(s) of the Municipal Code exist upon said property. It has been brought .to our attention that the attached list of violation(s) remains uncorrected and continues to constitute a vio!ation(s). Each of the violation(s) must be brought into compliance by April 13, 2010, or the following action will occur: Administrative Citation and Fine - An Administrative Citation will be issued. The fine amount for each section violated shall be in the amount of $100 for a fast violation; $200 for a second violation of the same provision of this code within atwelve-month period; and $5D0 for each additional violation of the same provision of this code within atwelve-month period. Fines can increase to $700, $500, and $1,000, respectively, where the infraction is a violation of a building and safety code of the city. Right of Appeal -You have the right to appeal an administrative citation no later than twenty (20) calendar days from the date of issuance of the citation. Administrative Hearing or Waiver forms can be requested from the City Clerks Office by calling (909) 477-27D0, by mail or in person at 10500 Civic Center Drive, P.O. Box B0, P.ancho Cucamonga. The administrative hearing will fellow the procedur=_ set forth in Chapter 1.12, Section 16 of the Rancho Cucamonga Municipal Code. ~~~~©~ 1 pC ~1a3 ~b :r CueunnnG,., ~,:n ?~i'_`)-UROi • Tel !)09-4Ti-'_'OU ~ fu 9U9-~~%?-'PS47 ~ v.•ww.eirynfrc.uc Further, any vioEation of the City's code(s) are infractiors/misdemeanor affenses which are chargeable in a court of law and subiect to the penalties thereof. If you have any questions regarding this police, please contact the undersigned at (909) 477- 2710, e;a. 429. Sincerely, ~~~ ~ ~ J Alicia Reister Code Enforcement Officer cc: Kuri Keating, Code Enforcement Sucervisor James Troyer, Planning Director .Nicholas Clark, Deputy Sheriff Ron Wright, Deputy Sheriff P-232 P-233 ~i~ t~~ ;z.~1~d~I-€~ ~uCA.I~~I"oiG~ - G~~e E,~arcen->i~xr;l Il4~~~s;ia~r;; CONDITIOIV,AL USE PERMIT VIOLATION 12809 Foothill 6ouiward, # C1-C4 Czse #COD2010-00811 R. C.M.C. Section 5.12.010 -Permit Required "No persoh or business entity shall operate, conduct, or manage any place or premises open to the public.where food or beverages are sold, offered for sale, or given away, and where any form of entertainment, as defined herain, is provided or furnished without first obtaining a permit" 1 j P.II entertainment activities shall cease and desist immediately. ?oft P-234 ~. ` ~, _ C(Tl' Or" RANCHO CUCAMONGA ` ' ~ i 0500 Civic Center Dnve, R.O. Box 807 ~nn<:HO Rancho Cucamonga, CA 91.729-0807 ir.;ar.+orarn {909) 4 7 7-2712 ~~'~~~ ~~ S~R~~C~ I cervfy and state that I am and was at all tunes, herein mcndoned, over the age of 18; employed in the County of San Bemudino, State of California; my business address is 10500 Civic Center Dnve, l:ancho Cucamonga, CA 91729; and that I am not a party to the matter in which this service is made. //~~,, ' I further certify that on "U "" ~~ ~ ~ 1] I served the following document ~ COMPLI_ANCE ORBER / ^ ADI~vFINISTRSTI~rE CITATION ~ BY MAIL By depositing is the United States Postal Service mail box at 10500 Civic Center Drive, Rancho Cucamonga, Q the original ^ a true and correct copy thereof in a sealed envelope with postage thereon fully prepared and addressed as follows: ~~tis ~i PK Sal: :.~L 77 w• WarXGV- Q-iJG. .,'~-r2=Y~ ~BY PERSONAL MAIL RVICE Gn ""~' t ~ (oo(aok By personally delicering}'~e original ^ a true and correct copy thereof to the addressee(s) as follows: '"I"5't~ $~•~~- 1V~ u5 ~ r-r-s -t ~b 9` Cam-, i 1 ' PY,+,~ : Jcs~s L2 ' 123o~t ~~,t` ~~ tvr~ ~~-i.. Gl-~yG4 ~'' "~~ SOD R =u Y~'1o CuC¢rr w rt 50. i (/Q. Ct 1~7 3-1 1 declare under penalty of perjw:}~ under the laws of the State of Califomiat dzat the foregoing is true and correct. Executed at Rancho Cucamonga, California. on ~'f ~'~t~ ~ E Cl . i ' ,` i • ~jf Karen Tarlton '~ •/~• '%'`~~~'--~ ~-1•.~ Print name ~ Signature THE CITY OF RANCHO CUCAMONGA 12ANCxo cUCAMONGA May 26, 2D10 Jesus Roig The Beer Mug 12809 Foothill Boulevard, #C1-C4 Rancho Cucamonga, CA 91739 SUBJECT: STATUS OF COMPLIANCE -CUP 99-43 Dear Mr. Roig: In response to our May 3, 2010 meeting, City Staff has prepared this letter outlining the compliance issues for your business located at 12809 Foothill Boulevard. Please find attached to this letter a copy of the previous CUP 99-43 Staff Report and Planning Commission Resolution #99-26. We previously senf you a copy with our Notice of Violation fetter dated January 27, 2010. Based on the site visits from staff and review of the approved Conditional Use Permit 99-43, staff has identified the toAowing compliance issues: No valid Entertainment Permit exists for the property. Staff recognized that an error was made in issuing a renewal. for an Entertainment Permit that was nd longer valid in its letter dated February 23, 2010, however, staff requested that an Entertainment Permit application be submitted and all entertainment activities cease and desist until such time the Planning Commission raviews, and acts favorably on, a new Entertainment Permit application. To date, an Entertainment Permit application has not been submitted as requested in the letter dated February 23, 2010, and entertainment is still ongoing. . 2. Modiilcations to the approved Floor Plan of CUP99-43 including, but not limited to, removal of dining areas, addition of a dance floor and stage, addition of a DJ booth, and relocation of the bar area without the benefit of Planning Commission review and approval. Based on the above compliance issues, staff is requesting that you submit aNon-Construction Conditional Use Permit application and Entertainment Permit application in orderto bring the property into compliance as previously requested in our letter dated February 23, 2010. See attached copies of the Uniform Application and submittal checklists. Staff has requested a continuance of the May 26, 2010, Planning Commission hearing for the review of CUP99-43 on the basis that these applications would be submitted for Planning Commission review. Staff will be presenting a staff report to the Planning Commission on June 9, 2010, outlining the status of your submittal as well as the current compliance issues. 1Ne cannot overstate the importance of bringing your business into compliance with the applicable Building, Zoning, and Municipal Codes. And because these issues have direct implications on the health and safetyof the persons who patronize your business, we must ask that you do everything within your power to expedite these applications for Planning Commission review. Accordingly, we expect you will submit the plans we w Y ~ t ~ i~ ~ i Cucamonga, CA 9i?2g-0807 • Tel 909-477-2700 • Fax 909-4?7-289 • www_ciryoErc.us ~`~~~ ~ , i G (~1~~-~!{lC~ ~ inaY1' DONALD J. KURTY„ M.D. n,avor PB,'r2,35 L. DENNIS MICHAEL Cauncilmembert REx GUTIERREZ $kM SPAGNOLO DIANE WP_LUMS C'izy iYlanaAcr )ACh LhM, AICP STATUS OF COMPLIANCE - CUP99-43 JESUS ROIL -THE BEER MUG May 26, 2010 Page 2 P-236 described above, as well as an application for an Entertainment Permit, before the June 9, 201 D Planning Commission meeting. Likewise, the City staff and the Sheriffs Department are concerned about the frequency and severity of the calls for service at your business, and ask that you present to staff and the Sheriffs Department a security plan prior to the June 9, 2010 Planning Commission meeting. Again, we cannot overemphasize the importance of addressing these health and safety concerns as soon as possible because of the direct implications for the public's health and welfare. As we stated at our meeting on May 3,~ 2010, the City and staff are willing to work with you so that your business can thrive and at the same time comply with the City's Codes and regulations. In order to assist in bringing your business into compliance, the City has un ilaterally continued the revocation hearing scheduled for May 26, 201 D, to June 9, 2010. This continuance is not an endorsement of any action or activity currently occurring at the Beer Mug, and the City again requests that you cease all live entertainment unfit such date as you apply for and obtain an Entertainment Permit. If you have any questions, please contact your project planner, Adam Collier, at (9D9) 477-2750, Monday through Thursday from 7 a.m. to 6 p.m. Sincerely, PLANNING DEPARTMENT Jam P.. Troyer, AICP Planning Director JRT:AC/ge Attachments: CUP 99-43 Staff Report dated November 23, 1998, and Resolution #99-26 Uniform Application Submittal Checklist for Non-Construction CUP and Entertainment Permit c: Kurt Keating, Code Enforcement Supervisor Nicholas Clark, Deputy Sheriff Ron Wright, Deputy Sheriff Ryan Kroll, Attorney for Mr. Roig J P-237 ulmm+w.d~Itall t. COOESECTE)N 2.CRBAE DEFINn10N 3. GEE NUMBER~STATKIN F PC a6ana7 ATTEMPT MURDER Y SHERIFf9 DEPART11ENr M 110912659 COUNTY OF LAN BERNAAOBq ,G Dllw UNIFORM CRBdO REPORT 9. ASSIGItv~M4-0AY-Y°J.q TIME 6.ARRIVED MO•MY-YEAR TIAC Iu BEA7 7. REPORT -I3T. '°°°° 1a1&'2o09 01:47 ' 1D/7812009 OtaO 04 D59 D. OCCURRED DAY-0F•WEEKAAO•DAY•YFJ,WTII.@ E. REfOgTED MD-GY-YEAR TIN¢ 10. LOGTION OF OCCURRENCE CRY SUN ta18/20D9 D1:30 1D/18I2009 01:46 12809 r'DOTHILLBLVD,RANCH000CAMONGA SUN ta181Z009 01:40 ~ CODES rOR BO%ES t262_"ARE'. V VK:TIM W v WRN'SS RP ~ REPORTWG PARTY DC v DISCOVERED DRL,IE N . INJOLVED PARTY y tt. NAME LIST, FIRST MOOLE (FIRM NAME ff A BUSINESS) 12. i3. RESIDENCE ADDRESSSTREEI-CfiY21P IS. RESIDENCE RWNE ' SEE NAMES IN CONTINUATION - V T Y 16. OCCUPATK)N _ 16. RACE/3FI( 17. AGE 16. DOB MTYYR 1B. &151NE33 AOD0.E95STREET-ORY•ZIP ~D. WDINE53 PMDNE W 11. NAME: LAST FIRST.MID-LE (FIRM 114ME IF BUSINESS) 22. ZI. RESIDENCE AODRESSSTREEi-CT'$Ip pA. gESIDENCE PHONE T V SEE NAMES IN CONTINUATION N ~ E S 25. OCCUPATION 26. RACEISEX 21. AGE 1S. DOB A40.YR 26. BUSINESS AODRESSSTREET•CIT1'-2S' ~ ]0. BUSINE53 PHONE 9 ]t. SUSPECT N0.1 LAST. FIRST WDOLE 132. RACE/3EX ]].AGE 3t. HEIGHT 3E. WEIGHT ]6. HAIR ]7. EYES Se. DOB Mr?y 3B. ATUtESTEO dD. YTTERVEWeO ©YE3 ^ NO DYES ~ N'D 6 U f. RPSIOENCE ADORESSSTREET•CTTY-ZR 42 GLOTHWG AND OTHER IDEHTIFYWG MARKS`CWARACTERIBTICS S P E ]. SlA4PECT N0.2 LA.RT, FRST MIDDLE . RACElSEX S. AGE 4b. FfE1GHi 4T. WEIGM 8. HAIR B. EYES , ppe M{YY t. ARRESTED 52. WTERVIE WEC y ~ ~ ~ ~ ~ ~ YES ~ NO ©YE3 ~ NO S . RESIDEN:E AOOREGS3TRFFi •CRY.ZIP I5<, CLOTHWG AND OTI•-cR IDENPfVING MARICS/CiWtAt"fERISTV,,.4 ;:s .. 56~CNu^K.IF'fmRE.NAMES WDDNTINVATK)N "!)<IYER - Rp~„' -H .-.. •.I'.rg6•A00R10NALIINFORpKTION,,• VICfIM•-.,. WRiF,.33-''w' OFFICER" OTHER.: ~ l•, 6Taf+HY9 DEN RECOVERED YES ~ a. ND " 6DPNOTDGMPHS TAIO;N ..+: YES' ~ .'ND YE4 } NDa T 1` gp•VEMCCLE t B1.WCDR~ ~x 82 YR > ~IBJ MV(E ~JJ 1dO-El a ~6 90CY.T/PE tACENSE 6TSTATE' a -pM.OGE/ODOT(Y~ ACCFS pyES U '' '>u ti r 7 : i ~i ~ U ~ kT x ; ~ .: .~t y r71 1Y t '3 ~~ .?:I r. ' ~;{ ~ • , , _ I I 6L. ROBLERY VT[AFDN; ^FIREARM ~ ^DTlC°A OANDEROUS WEAPON LOGTK)N:^NICHWAY (]OTHERBVSMESS ^SERV. 6fATIDN CUTTING INSTRUMEM ^ STRONG ARM O CONVENIENCE STORE ^ RESIDENCE ~ BANK ^ MI3C, C 70. r149AULT5 WEAPON: ^FIRFAfiM ^KNIFEICVT'i1NGINSTRUAIEN7 ^OTMER DANGEROUS WEAPON ^INNDS~ ^61MPLE/NOINNRY R T1. BURCIARY O MGM ^ DAY ^ FORCIBLE ENTRY ENiRYMD FORCE ^ RESIDENCE ^ VEMICIE M ^ UNKNOWN ^ ATFEN~T BY FORCE ^ NON-RESIDENCE BUIIJ]ING E 12. LARCENY ~ PICIOvDCET O SWDP.IFr ^ MOTOR VEHICLE PARTE ^ FROM SIDG: HOT SHOPLIFT DR MACNINE9 ^ PUPSE•SNATCH ^ FROM MOTOR VEHICLE ^ BICYCLES ~ FROM COINdPEgATEp MACNINES ^ pLL OTHERS T7. PROPERTY STOLEN STOLEN STOLEN TYPE8 CURRENCY, NOTE9 i TV, STEREO. ETC { CONSUTAMABL GDOO9 { S ~ t JEWELJtY i FRiEgRM3 { LNE3TDCK { T A VALLFS CLOTWNG, FURS S MOVSeHOLO 60003 S OTHER MISC, i T S OFFICE EONPMENT 6 ^IDEMffuBLE PROPERII'TAKEN~NpC ENTRY COMPLETED TOTnI, f Id, DOAESi1C VIOLENCE INNRR!S ^ NONE MRK]R WJDR WEAPONS: ^ YES ^ NO 76. FTACE OFFICER A33MILTEDIARS-N ^ YES IF YES. OOAPLETE BOXES 1.2. ], d. AND ]d OR ]6 ON Rt< FORM. T6. SYNDF5t9 On the above date end time an altercation ensued h the parking bt at ffie above locafion. After the altercation, witnesses saw a~ and1~ s begin to fire seve2l shots. There were a Total of five victims found to have been shot and transported to local hospitals. WMessw pDSilNely ideniifred r end ~ as being Cte shooters. The hand gun ussd was a high ca(Iber revolver IN . D P Both suspects were located try Fontana Police Department at a near by Dennys restaurant and were detained. M infield ihe•up was conducted and s the suspects were positively identified and arrested. s ~ STAT_SCAN_ ,~RS~Rt~4S_ >7, 2°.PORTING OFFICER ]6. EMP, p Tp. DATE ED. _ ED DATE 61. lfiED T- T. MALENSEK D3387 ta1812009 ~suaMr TD wA ^OTHER IAw; rol DLLOww SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO CALIFORNIA CA 03600 CASE SUMNL4RY: Page 1 I10912659 RC059 On 10-18-09, at approximately 0146 hours, Rancho Cucamonga deputies received a call.for service at "The Beer Mug" sports baz located at i 2809 Foothill Bl. in the city of Rancho Cucamonga When deputies arrived, they saw five victims suffering from gunshot wounds. Victim#1 ~~ shot in lower back and leg, Victim#2~g~_ shot in left leg. Victim#3 ~~~_ shot in right leg. Victim#4~_ shot in left leg, Victim#S~~r. Shot in right leg. Victim and a friend ere leaving the bar and walking to their vehicle. As they were walking, two black males flipped them off and were flashing gang signs. got into an argument with one of the subjects, while~~eved his vehicle end drove it toward the front of the business. Security became aware of the disturbance and came outside. Security came outside to remove the subjects from the area. Additional patrons including~(N,ho is a bouncer ai the bar, but was off that night) came to assist his co-workers with the aid of additional family members. As the security personnel were walking Yowazd the subjects, the subjects began to retreat to the parking lot and to their vehicles. During this time a black mate subject went to a registered ,and removed a 1 Vehicle is arge revo ver handgun, and began firing several times at the crowd striking the above victims. One shotweat through the window of the business next to the baz (The business "Saigon restaurant" was closed for the night and no one was inside), The shooter and a second subject got into the same vehicle and fled the location. A few minutes later, the Mitsubishi Eclipse was located by the Fontana. police Department parked at the Denay's restaurant located at 13479 Baseline Rd. in the city of Fontana where two black male subjects were being detained. They wete identified as attempted to walk away from the business. When contacted both subjects denie .any conn~.~cU~on to t}le white Mitsubishi Eclipse parked in the parking lot of Denny's. D, parkiaoo P1651 I nevmx9 10.18-09 PURTFgY ACTtOk; COPIPS ro; ^ Other ^ SD/Pp YrS ^ NO ^ IJaecdre ~ ql ~ Otlva IS-15784JD7 0.5v. I/B) ~ Die. Atty. ^ Pawl CASE NO. P_ SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO uo91z6s9 C ALIFORNIA REPDRT AREA CA 03600 Page 2 RC059 COnE SFLT70N ~ CRB.fE CLASSIFlCATION PC 664 / 181 pttem of Aomieide Felonv VICTDrfSNM¢•LAST NAME FBLST NAME ADDLE NAME irIRM NAME 6'BUSD~ESS) ADD RESmENCE PHONE CASE SUMMARY CONTWCJED: When patted dowrhad the keys to a vehicle in his pocket. The alarm on the key chain disabled the alarm to the white Eclipse with California license plate numberc.go~ subjects werc detained. An infield line-up was conducted in the Denny's parking lot. A witness positively identified. ash as the shooter and~as the driver of the White Eclipse. Another witness identified both subjects as th e same suspects who fled in the white Eclipse, but could not identify which on was the shooter. Numerous subjccts were interviewed at the scene, and placed both ~and~as the shooter. Witness ~ ~ described a subject matchin~ while her brotherl~~de5~b~ was the shooter. As of this time,~has been the only person to positivel ID~ f y rom a six pack as the person who shot her. During the interview with~and~ admixed to being at the baz but denied bein , g any altercation or shooting at anyone. stated there was a big "Racial Fight" between the blacks and Hispanics, but he too denies shooting anyone. Both suspects were placed into an interview room together and their annversation was recorded. told that if the bar had surveillance cameras he was "Fucked", and was going to do 25 years. Victim's~an~were transported. to Arrowhead Regional Medical Center, while the remaining three victims were transported to Loma Linda Medical Center. was rushed to emergency surgery and as of40-20-09, is still listed in critical condition All the . other victims were treated and released for there injuries. ~ cell phone was taken as evidence after being arrested at the Denny's. In the cell phone was a pictwe of a large caliber silver revolver and a black assault weapon. In addition to these pictures we also located several calls to and from ~".admitted a~ ands were the youn sters lte c t th g ame o e aid of during the altercation at the bar but did not have any information about them. could not recall who the other people he vas at the baz with the night of the incident. REPDRTPIG OFFICER D. Perkison P1651 DATE AEVIE0.'ED BY 10-16-09 TYPED BY I ROUTED BY DATE FURTHER ArnoN: ~Fl-s To: D one ^ sDmD S 1^rS ^ NO ^ De~mive ^ Cll ~ Dihcr IS-I51&-107 0.ev. I/er ~ ~''~"~'' ~ COI '39 CASE NO. SHERIFF'S DEPART-dIENT COUNTY OF SAN BERNARDINO 1109I2659 CALIFORNIA RPFpRr AREA CA 03600 Page 3 RC059 coDa sarnoN cRmg cLassaTCAnoN PC 664 / 187 Attem t Homicide Felony VlCfItA'S NAME•LASf NAI+[E Fat ST NAME NIDDLE NAME (FaU1 NAt+@IF BUSINESS) ADDRESS RESIDENCE PHONE CASE SUMMARY CONTINUED: Through the investigative leads we were able to identify ~" ~ ~ ~i9~ b th d B ro er an , lives at the same address o On 10-19-09 a search warrant was served at the~'address.~ was earested for possession for sales. A shotgun and a rifle were located in the garage and takeD as evidence: Witnes es identified both ~talld~tas the shooter. Both suspects fled in California license plate numbers and were eventually IDCated at a near by restaurant. REPORTING OFFICER DATE D. Perkisoo P7651 110.]6-09 REYiEWfD HY TYPED HY (ROL7i~9Y DATE FURTfa:R ArnoN: ' COPIES TD; f] Ohm Q SD/Pp ,~ ^ YES ^ NO ^ Datmnve ^ CB 0 DNCr 15-05lBt10t Aw. l/H3 ^ ~ Arty, ^ Pmoi 40 CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110912659 CALIFORNIA REPORT AREA CA 03600 Page 1 RCD59 CODE SECTION CRIME CLASSIFICATION PC 864/167 Attam ted Murder Felon VICTIM'S NAME - LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE AssignmentlArrivai: On 10-18-D9 I was assigned to uniform patrol in the city of Rancho Cucamonga between the hours of 2100 and 0700 AS 11 P14, At 0147 hours I was dispatched to 12849 Foothill Boulevard (Beer Mug) reference a shots fired call. !arrived on scene at 0150 hours. Observations: When I arrived on scene, I observed several subjects running around and towards the entrance of the Beer Mug. As I walked up towards the front doors of the entrance to the Beer Mug, i saw a Hispanic male lying down on the floor just west of the doors inside the location. The subject appeared ±o have - been shot and a blood on his leg. He was holding a white towel an his wound and I advised the paramedics were on there way. As i continued inside, I saw another female lying. inside past the door way just east of the doors. She was a Hispanic female and appeared to have been shot and was bleeding from the leg. She had her leg elevated and had a white towel on her tivound. There was several subjects inside and they were order to the west side of the establishment and to get there drivers license or there identification out. !went back out side and started to set up the crime scene. Rancho Fire arrived and treated victims and AMR arrived and transported victims to local hospitals (Arrowhead Regional Medical Center and Loma Linda Medical Center). Scene: The business at the location is named the Beer Mug, which is a sports bar. The business is located on the south side of a shopping center. The front entrance to the busihess faces north towards the parking lot. The business has a tan stucco exterior with white stucco trim. fn front of the business is a large two level sitting area with several sets of stairs and multiple planters. Crime Scene Sketch: See crime scene sketch for further. REPORTING OFFICER GATE REVIEWED BY ~, T. MALENSEK 110.16.69 TYPED BY I ROUTED BY DATE '. FURTHER ACTION: COPIES TO: ^ Other ^ $O/PD REMARY,S ^ YES ^ NO ^ Detthive ^ GI ^ ONer :5-187F4-001 Rev. 1183 ^ Dis4 Atty. ^ Patral -247 CASE ND. SHERIFF'S DEPARTMEhET' COUNTY OF SAN BERNARDINO 710912659 CALIFO RNIA REPDRT AREA CA 03600 Page 2 RCOS9 CODE BECTIDN ~ CRIME CUSSIFICATION PC 8641187 Attem ted Murder Felon VICTIM'S NAME ~ UST' NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE Witness statement: ~ , I contacted Inside of the Beer Mug and the following is a summary of his statement. He stated he went to the Beer Mug with his friends to celebrate a friend's birthday. As the bar was closing, he and his friend headed out to the parking lot to get his vehicle. As they were walking to the parking lot theca he noticed two black male adults flipping him off and throwin u i g p gang s gns. He.did not remember what gang the subjects were saying they were from. The black male subjects began to argue and yell at him and his friend. He walked away and went to his vehicle and pulled it around to the front of the bar. He saw ~ still arguing with black male subjects in the parking lot and got out of the vehicle and walked over towardsis. Both black male subjects were stilling yelling and shouting out unknown gang names along throwing gang signs. I asked him how he knew it was a gang sign and he stated "ft was only obvious but I could not make it out`. His friend ,~. got into the argument with the black male subjects. While they were arguing several other friends were coming out of the bar and started welkin towa the subjects arguing. He saw one of the black male subjects walk over to a white nknown plate and open the driver side door. He stated the subject grabbed unknown item from the vehicle and turned towards the crowd of people while his right arm was tucked down towards the right side of his leg while walking towards his friends and the crowd. The black male subject began yelling and started to raise his right arm in the air. As his right arm was coming up, hs saw a gun in his hand. He could not make out what kind of gun it was and he began to grab his friend As he grabbed,~,he heard several shots being fired towards them. He and~ran towards the front doors of the bar to go hide inside. He could not remember how many shots were fired but he heard at least 4-5 sho+s. As they got to the front doors of the bar, he saw that~had been shot in the leg and he ran and asked for help for his friend. He stated he stayed inside till after the gun shots stopped and he heard a vehicle taking off through the parking tot. REPORTII:O O~7CER DATE REVIEWED BY T. MALENSEK 110-16-OB TYPED BY ROUTED BV DATE FURTHER ACTION: COPIES TD: ^ ONCr ^ SD/Pp REMARI:S !] YES ^ NO ^ Dete~ve ^ CII ^ Olhm 757578-4D1 Rev. 7183 ^ OI~^. Atty. ^ Palmt P-242 CASE NO SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDfNO tiQ9'12659 CALIFORNIA REPDRr AREA CA 0360f) Page 3 RC069 CO-E SECTION CRIME CLASSIFICAAON PC 6641187 AfEem ted Murder I Feion VICTIM'S NAME -LAST NAME FIRST NAMc MIDDLE NAME (FlF.M NAME IF BUSIN-e5$) ADDRESS RESIDENCE PHONE Additional Information Deyuty: I contacted Arrowhead Regional Medical Center to check on the status of the one of the victim's and spoke tort 2316 hours. stated he was still in critical condition but was stable. I also checked to see If they still had the bullet that was removed from one of the victims and he stated yes but he could not release ft until the pathologist checked it over. He stated ft would be available on 10-19-09 after 0800 hours for pick up. All other victims had been treated and released. Subject Contact: See supplemental repots. Witnesses statements: See supplemental reports. Victim's statements: See supplemental reports. Injuries: See supplemental reports. Infield Lineuv: See supplemental reports. REPORTING OFFICER DATE T. MALENSEK 10.16-09 REVIEW ED BY TYPED BY RDUTED BY DATE FURTHER ACTION: COPIE$TO: ^ DUror ^ $DlPD REMARYS YES ^ NO ^ petecUve ^ CII ^ Other 7S75tBa.401 fYev. 1183 ~ Disl Atty. ~ Pairol -243 1B-1080.1401 ReMSeO 692 (CR11 1. LODE SECTION 2 CRIME DEFINITION 3. CASE NUMBER CHIME CODE SHERIFFS DEPARTMEM p f PC 242 Battery 110913220 COUNTY OF 6AN aFJiNARDINO, CA ®.M UNIFpRN CRIME REPORT p OTHER <. ASSIGNED MOMH-DAV-YEAH-TIME S. ARRIVED MONTi4-0AV-YEAR- ME 6. BEAT ]. REPORTING DISTRICT D]600 163109fD159 'I03709f0159 4 059 eOCCURREp DAY DF WEEI:MOMHDAV-YEAR-TIME B~REPORTED MUMHAAY-Y ARdiME 10. LO TIDN OF OCCURRENCE CIiV Saturdayl1D3109/0130.0151 10310910151 12909 Foothill Blvd. Rancho Cucamonga CODES FOR BOXES 12322 ARE V=vICTW W=WRNES$ RP=REPORTING PARTY P=DISCOVERED CRIME IPeINVOLVEO PARTY OQOTNER fl. NAME: LAST. FIPST MIppLE (FIRM IF A BUSINESSI 12. CODE 13. RESIDENCE ADOgESSSTREET-CITY-LP 14. RESIDENCE P110NE Vt CorMldential 13.OCGJPATIOM tE. RACE/SEX 1]: AOE 1B. pOB tb. BUSINESS ADDRESS-STREET4:ITV-ZID ID. BVSMES$PHONE 21. NAME; UST, FIRST. MI[nAE (FIRM IF q BUSINESS) :]. CODE 23. RESIDENCE ADDRESS~STREEi-0711'-LP 2C. RESIDENCE PHONE ~ V2. Confide oriel SS.000UPATION 2G. RACE/SE'A 27. AGE I 2B. DDB 29. BUSINESS gppRE555TREET-CITY-ZIP 30. BUSWE55 PHONE 31. SUSPECT 9I NAME: LAS?, FIRST. MIDDLE 12. RACEJSEX 33. AGE 34. M. 35. WT. 3fi. HAIR 37. EYES 3E. DDB 39. ARRESTED dOJNi'eRViEwED <t. RESIDENCE AOORESSSTREETLfIV-LP 42 CLOTHING AND OTHER IDENTWYWG MARKSICHARAC(ERISTICS 4S. SUSPECT D: NAME: UST. FIRST. MIDDLE N, RACElSFX 45. AGE 66. Hi. 41. WT, 40. HA02 49. EYES 60. DOB 51. ARRESTED 52. TTEAVIEWEp ~ ~ ~ t_ ~ t~ ®YES ^ NO ®YES ^ NO 53. RESIDENCE ADDRESSSTAEET.CRY-IJP 54. CLOTING ANp OTHER IDEMOITNG MARNSIGMRACTERISTICS 55. ADOTi1DNAl NAMES w CDNTWUATIOM ®YES p NO 66. AODRIONAL INFOHN .TION FROM: 'p VICTIM p W RN~S ®OFf1,~R p OTYCft 57. PHYSICAL EVIDENCE RECOVOEEDR AYES.®NO 58.R0TOGRAPHS TAHEM ®Y°3 ^N0 SB. UTEM PPoNTS LIFTEdf OYES ®ND sD. VEHICLE 81. COLOR 62 YEM 63. MAKE 66. AQlpEt 95. BOOV , 86. LICENSE NUMBER 67, 6TATE a6. DAIMGEIOOOITV/ACCESSORIE6 ^ VICTIM ^ SUSPECT _ ' -69. ROBBERY WFAPOPo p FIREARM ^ OTHER DANGEROUS LOCATN)N: p HIGHWAY ^ OTHER BUSINESS ^ RESIpENCE p CUTTING MSTRUMEM p STRONG AAM p CONVENIENCE STORE p SERVICE STATION ^ 6ANK p MISC. 7D. ASSAULTS WEAFKN9; pFIgEARM ^KN1FE/CIITTWG INSTRUALM POTHER DANGEROUS WEAPON pHANDWPEET ®SIMPLElN01NJURY BURGLPRY p NIGHT ^ DAY' ]1 ^ FORCIBLE ENTRY ^ ATTEMPTED fORGeLE ENTRY p ILESIOEMVL p NON-RESIDEMIPI. . ^ UNKNOWN ^ NO FORCIBLE ENT1Y p VENICLE (aUILDINGI n, URCEM p PICID'pp(ET p SNORIFT ^ MOTOR VEHICLE PARTS p FROM BU7LpING • NOT SHOPJFT OR MACHIrT-~ p ALL OTHERS p PURSESNATGi p FROM MOTOR VEHICLE ^ BICYCLES ^ FROM COM-0PERATED MACHaE9 T3. PIEOPERIY STOLEN SiDLEN STOLEN CURRENCY, NOTES S 7V, STEREO, ETC, f CONSUMAaIE GOODS 3 TYPES JEWELRY i FIREARMS S LNESTOCK S 3 CLOTHNG, FURS i HOUSEIgLO GOODS ~ S OTHER MISC. S VALUES OFFICE EOUIPMEM f TOTAL iD.00 ^ IOENTiFTABLE PROPERTY TAK@! ^ E1rTERED IM0 NGL )a. DOMESTIC VIOLENCE: MJURIES7 ^ NONE O MINOR ^ MAlOR WEAF'ONST ^ YE$ ^ NO ]5. PEACE OFFICER ASSAULTED OR ARSOM ^ YE9 Iff YES, CpAL0.tTE BOXES 11SA ANC 34 Oft 35 DN CRS FORM) ]E. STNOP$I$ The victims are security guards assigned to vrork at the Incident location. During the course o1 [hair shift, a -mosh Olt" Droke oul in the hlrsiness and [hey were called upon by the business owner to control it. As they attempted to control 0. they rame acroa who resisted their efforts to subdue Aim as he was an of the Olt. ~ettempted to slrlke the victims antl he was razed. umpetl off the stage and into the victims es she sav~truggling with them. She was also razed. ~xs_~rA~!~carr_ 77. REPORTING OFFICER ]B. EMPLOYEE F ]9. DATE W. REVIEWED BV DATE 81. ROUTING IPFORMATIOR A. Cervantes D5272 1837 D9 r~N l ~-- 8 _~ p SUBMR TD D/a p DrHER: / ^ IMMEDIATE FOLLOW UP 82. R REPDRTMG OFFICER FK 1150UALIFIEDT ®YES p NO 83. GANG REUTED'! ^ VE$ ®Np V I C T M W I T H E 9 $ - 44 CASE ND. SHERIFr S DEPARTMENT P COUNTY OF SAN BERNARDINO 11as~32zo CALIFORNIA REPORT AREA CA 03600 Page 1 oss CODE SECTION CRIME CLASSIFlCA710N PC 242 Batte Misdemeanor VICTIMS NAME -LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENOE PHONE ASSIGNMENT/ARRIVAL: On Saturday, 103109, I was assigned to work uniformed patrol in the city of Rancho Cucamonga. My designated call sign was 11 P34 and I drove a marked patrol unit. At approximately 0159 hours I arrived at 12809 Foothill Blvd. for the report of a battery and made contact with the victims, VICTIM 1 STATEMENT: ~' is a security officer employed wit assigned to work at the Beer Mug establishment on the night of the incident. The following is a summary of his,statements: was attempting to control subjects in a mosh pit when suspect ~ jumped off the stage into him. started swinging ate and he stepped back to avoid from being hit. 'attempted to detain her, but she struggled and resisted his efforts. She was tazed, but he is not sure by whom, After she was tased, he was able to detain and cuff her. VICTIM 2 STATEMENT: is a security officer employed with® ;assigned to work at the Beer Mug establishment on the night of the incident. The following is a summary of his statements: and were called into the bar by the owner because a mosh pit was occurring. They entered the bar and spread out to see the activity. ~ observed suspect throwing elbows in the mosh pit. ~ and a bouncer attempted to de ink, but he resisted by ducking down and swinging his elbows at them. grabbed ~ri ht west and attempted to escort him to the ground. !continued to resist him and was tazed. still did not have control ofl~and ' he continued to resist the security officers efforts to detain him and was tazed again. At that point -complied. was in the process of detaining ~, when landed on top of him, hitting him in the head, fell onto the ground. Officer's attempted to detain her and she resisted. She was tazed for her non-compliance. REPORTING OFFICER DATE REVIEWED BY TYp'cD BY ROUTED BY DATE b Cervantes 1031 D9 I I p5272 FURTHER ACTION; COPIES TD: .~.Olher ^ SD/PD ~~~ ^ YES ^ NO ^ Omeellve ^ CII ~ ^ Other 1S151B4-a01 Rev, 1/83 ^ DIsL AttY~ ^ PeWI 245 ORPAM~ CASE ND, SHERIFF'S DEPARTMENT GOUNTY OF SAN BERNARDINO 11oai32ztl CALIFORNIA REPORT AREA CA 03600 Page 2 CODE SECTION a$a CRIME CLASSIFICATION PC 242 Bane Mistlemeanor VICTIM'S NAME -LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE I PHONE WITNESS STATEMENT: ~ his a security officer employed with ,assigned to work at the Beer Mug establishment on the night of the incident. The o owing is a summary of his statements: entered the bar and observed that two of his officers were fighting to gain control of~He was wamed twice by~ to stop resisting or he would be tazed. said, "Fuck you" to~ and continued to resist; ~ tazed him in the back. ®continued to resist after being tazed once, he was pull his arms into his body away from the security officers. Murillo tazed him again on his right side. At that point the officers were able to get control of ~ and cuff him. After~u was tazed the second time jumped off the stage onto,) back, hitting him in the head. She fell to the ground. Officers attempted to detain her as well and she resisted. She was tazed also in the right thigh. SUSPECT 1 STATEMENT:® , 1 asked~yuhat happened. He said the following: Tonight 1 was watching the band here at Beer Hunterlsports pub grill and I was just dancing to the music and out of nowhere I started getting tazed by the security staff inside this place. I got no warning, They did not tell me "no moshing", or "no dancing", they just started tazing me. They gave me no kind of warning, !came out and I had officers arrest me. I have no idea why, I mean I was just dancing. I paid to come here and have a good time, I'm not trying to disrupt the community or nothing. Security really tazed me and my girlfriend for no reason. I have cuts and scars from the tazers. They could have just wamed me and told me "no dancing" or something, I would have just left or stopped dancing, but they didn't do that. They just tackled me and started tazing me. REPORTING OFr'ICER DATE REVIEWED BY TYPED BY ROUTED BY DATE A. Cervantes 11031;9 D5272 FURTHER ACTION: COPIES TP. ^ Other ^ SDlPD REMARKS ^ YES ^ NO ^ Dclectiva ^ CII Q Dtner 7St57BFA01 Rev. 7/83 ^ DISL fatty. ^ Pavd CASE NO, P- SHERIFr'S DEPARTMENT COUNTY OF SRN BERNARDINO 1'to913220 CALIFORNIA REPORT AREA CA 03600 Page 3 059 CODE SECTION PC 242 CRIME B tt CLASSIFICATION a e Misdemeanor VICTIM'S NAME • LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE SUSPECT 2 STATEMENT: I~~ I asked what happened. She said, "First thing I remember is that I was on the stage with the band. The reason why I got on the stage is because of him, my boyfriend, and a couple of other guys were moshing and 1 didn't want to get hit. 5o I got on the stage so I wouldn't get hit. The next thing I know, I tum around and he's on the floor with like three guys on top of him." I asked her if she saw him get knocked down, she said, "no, 1 didn't, i just saw the three guys on top of him." I asked her if she saw who the guys were. She said, "they were security guys and were all wearing black. They were on top of him. I jumped off the stage, and right when I jumped off the stage I got tazed." I asked her if she landed on any of the officers accidentally. She said, "I don't' remember landing on anybody. I heard one of the guys saying that I hit him; I did not hit hirn." i ask her if she landed on her feet or if she fell. She said, "f landed an my feet. I got fazed, then I was on the floor and I couldn't move because I was getting tazed. And se !was laying there and I felt it go away, like they stopped toeing me." I asked her where she got tazed at. She said, "on my back, and then it went away like they stopped Lazing me, and then they fazed me again in my back in pretty much the same ' spot. I couldn t move and then all of a sudden I felt like I was being dragged outside. I don't really remember being handcuffed, but the next thing I know I have handcuffs on me. And whoever was handcuffing me pulled my are so hard that now my shoulder hurts, l wasn't trying to resist him or anything. He was pretty much telling me "shut the fuck up or whatever". I don't remember even talking," I asked her when she was getting cuffed if she remembered struggling at all, maybe not knowing who was trying to grab her. She said, "no, I knew it was someone that obviously because I was being tazed it was an authority figure. So I wasn't trying to resist." PRIVATE PERSON ARREST: The victims desired to press charges against the suspects for battery and signed a Private Persons Order of Arrest form against them REPORTING OFFICER DATE A Cervantes ,,,. 103109 REVIEWED 8Y TYPED BV D5272 ROUTED BY GATE ,,~ FURTHER ACTION; ~ COPIES TO[ • ~ D Other ^ SDlPD REMARKS ^ YES ^ NO ^ DeleeBve ^ CII ^ Other 1575764-CD7 Rev. 1/83 ^ OISt. Atly. ^ Petrol 47 CASE NO, SHERIFF'S DEPARTMENT P-2 COUNTY OF SAN BERNARDINO 1'109'13220 CALIFORNIA REPDRT AREA CA 03600 Page 4 Q59 CODE SECTION CRIME ~ CLASSIFICATION PC 242 Batte Mlstlemeanor VICTIM'S NAME-LAST NAME FIRBT NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS P.ESIDENCE PHONE ARREST: I took the suspects into my custod dvised them they were under arrest for PC 242, battery. I issued ~ citation which he signed in my presence and released him in the field, I issued ~ Sheriff's citafio~ich she signed in my presence and I released her in the field, PHOTOGRAPHS: I took numerous digital photographs, perl~request, of markings to his backfrom being tazed. These photographs were downloaded to the DIMS computer system at the Rancho Cucamonga Police Station. INJURIES: The victims stated the received no injuries as a result of the battery. DISPOSITION; Case cleared by arrest, forward to District Attorney's office for complaint and filing. REPORTING OFFICER PATE REVIEWED BY TYPED BY ROUTED BY DATE 0. Cervantes 103109 ~ I D5272 FURTHER ACTIOk: COPIES TO: Other ^ SD/PD REMARKS ^ YES ^ NO ^ DelecUVe ^ CII ^ Other 1575184401 ReV. 1183 ^ Dist. Atry. ^ Pe;rd 48 P-249 isti6BlRn.ON[fGRtl 1DLODE 6ECTION 2, CRIME DEFp11TI0N B. CARE NUMBER•6rA-ON $HERIFF$ OEPART'MEM ~ M PC 6641187 ATTEMPT MURDER 1 ~ }000872 COUNTY OF BAN RERNAROIND ,CA OOar UNIFORM CRIME REPORT q, A&SIGNED MD•DAY-YEAR TIME 5. ARRNEU M6DAY-YEAR TNIE Ifi. BEAT i. REPORT p15T. H°°°° _ __o1;z3_rzD_1a __ oz:n _ _ _ olrz3rzolo Dz:1-~ 11 1 _ ___ _ -- ~--- - - B. OCCURRED DAY-00.WEEKIMO-OARYEAMME BREPORT6DM0.OAY-YEAR TIME ~10. LOCATIpN OF OCCURRENCE (CITY SAT 01rZ3r2010 D2:17 T 01!2312010 02:17 CONFIDENTIAL, RANCH000CAMONGA CODES FOR BO%E&t2i 22 ME: V • VICTiM W WITNES6 RP REPORTING PARTY DC • OISCOVEREO CRIME IP • INVULVEO PARTY f 1. NONE: LAST, FIRST MIDDLE (FIPM NAME RA BU61NE651 12. SD. RESIOENGE ADORES&6TREEi-LRY-i1P 11<. REBIDENCE PHONE V j 16. OCCUPATION ,16. PACEIS,X rIi. qGE LIB. DOB tA~G-YP 1B. BU61NE65 ADDRESS6TREELC171'•ZIP I20~BU61NESEPHONE Z1. NAME, LAST fIRBT, MIppLE (FIRM NAM'c ff BU61NE55) i 22~ 18. RE610ENCE ADORE66STREET-CRYZR I q, RE6mENLE PHONE _ _ _ `' 26. OCCUPATION 126. RgCEIEE% I27, AGE i2B. DOB M.D~YR j26. BUSINESS ADDRE$$~STREE'tlTt'•ZIP ~ I30, tlU61NE55 PHDt1E 131. SUSPECT NO.: LAST, FIRST MIDDLE 1. RACE/6E% 31. AGE 3i. HEIGIfT 35. WEGHT DS. HAIR 137. Erb 2B. DDB S40-Y 3B. MRE6TED~aD INTERVIEWED YE$ D• NDI ~ YES ©NO ~~~,~_ ®l ~ ~_ ~~ ~_ t. RESIDENCE ADDRESS-STREET-CSr1'dIP ~ <2. CLOT.YING /J:D OTMER IpEPTIFYWG MARKSILHARALTERI6TIL6 - UNKNDVJN, ,_ LARGE BLACK FRAME GLASSES 43. 6USPECT N0.2 UST, FIRST MIDDLE 7a9. RACFI6E% IaE. AGE 46. HEIGHT ]. WEIGHT B. FIAPt ~ B. E1T YE$ , DOB M.D•Y ISL .ViftE6TED )521NiEAVIEWEO D YE6 D NO DYES D Np _ _~ _ ~r__~_._~_ .~-_ _ RESIDENCE ADDRESS-SIREET•CRY•ZIP 5C. CLOTHING AND OTHER IDENTIFYING M4RNSlCHARACTERISTICfi 56. CHECK IF MORE NAN.E61N CONTWUATION •YE6 NO 56. ADOr11pNgL INFDPMATiDN NCTM WRNESS • OFFICEp QiHEp 51. PHY81CAl EVU)ENCE'RECOVERED EYES LJ HD SB. PHOTOGRq HS TAKEN ©YES ^NO So, LATEM PRINTS LIFTED GYES ('FIND S HILI£ ~81.COL~ I62.Y~~ MODEL b6.B0~E I66. LLEN6E !67.8 .DAMAGEIODOnY/ACCES60RIE6 ROBBERY WEAPON: ~ FIREMM D OTHER DANGEROU6 WEAPON 7J Ip;ATION:OIHIGNWAY OpTHER BUBME66 ^ SERV. STATION ~I{IA-O- ^ CUTTING IN6rRUMEM ^ STRONG ARM ~ CONVENIENCE STORE ^ RE6IDENCE D BANK ^ M18C. ILO. A65AULT6 WEAPON: ^FIREARM ~KNIFE/CUTTINO WSTRUMENi ^OTMER DANGERDU6 WEAPON DHPND$/FEET ^SptpLE/NDIWURy Tt. BURGLARY D NIGM ^ DAY ^ FORCRLE~ENTPY ~ ENmY-NO FORGE ~ D RE6IDENCE ^ VEHICLE __ D UNiWOWN I ^ATIEMPi eY FORCE __ ^ NON-RE6IDENCE(BUILDWGI__ _- _ T2. WSCENY ^ plClo'OCET ^ SHOPLIFT ~ MOTOR VEHICLE PARTS ^ FROM BLDG: NOT 6NOPLIFT OR MACHINES D PURSESNATCH ^ FAOM MOTOR VEHICLE D BICYCLE6 ~ FROM COINAPERATEO MACHINE6 ^ ALL OTHER6 ]]. PROPC-RTY SiOLEII STOLEH 6TOSEN TYPES CURRENCY, NpTES S N, 6TERE0, ETC. S ____ CON6UW4ABLE G0006 S____ i ~ JEWELRY 3 _ FNYEARM6 S _ _ LNESTOCK 3 __ _ _ VALUER CLOTHING, FURS S ______ HOUSEHOLD GOODS S OTHER 4JSC. 3 _ _ UFFICE EQUIPMENT f ^ IDENTIFIABLE PROPERTY TAREN^ NCIC ENRiY COMPLETED TOTAL 3 __- _ 74, DOME6TIL VIO'_ENCE INJlFt1E6 ^ NONE D MINOR D MNOR WEAPONSI ^ YES d NO - T5, PEKE DEFILER ASSAULT'F1NgftSDN ^YE6 If YE6. COMPLETE BO%ES 1.2.:, 4. ANp Y OR D6 ON CRe FORM. IB. SYNOPSIS On D123110, victim #1 was urinating io the parking lot next to a while SUV. A sudjec( approached and en argument broke out between the hvD subjects over the victim urinating next to his vehicle. A fight broke out between both subjects and friends from both subjecLS. The fight ended and two subjects were stabbed and two were subjects assaulted with fists subject that stared the fight was described as a Hispanic male adult tall thin build with large blactc frame glasses, fled the scene in a wt~ The license plate wes obtained by witness at the steno. Two subjects were treated and transported to ARMC for medical treatment. Detecnves were called io the scene and conducted follow up 'interviews with severs! witnesses and tw further investigation of the crime. .REPpRTWGOFFICER ]i EMP.Y 6.OATE HL.R E Y ~Y^ OAT IBLR ED TO M. MASON C6761 D7/23/2010 '{Ft'Iy~ ` I IMMEDIgT FDL~DwuP DGTHER B2. REPORTING OFFICER ~~-- - -- IS H60UALffIED I~YE$ DNO ' CASE NO. SHER11-r'S DEPARTMENT COUNTY OF SAN BERNARDINO ttioo0872 CALIFORNIA REPORT AREA CA 03600 Page 1 CODE SECTIDN CRIME CLA651FICATION PC 245 ASSAULT WITH A DEADLY WEAPON FcLONY LAST NAME FIRST NAME MIDDLE NAME FIRM NAME IF BUSINEBS) ADpRE55 RESIDENCE PHONE CASE SUMMARY: On Oir'23/10, Victim #~, was standing outside of the Beer Mug in the city of Rancho Cucamonga. He was standing next to a white SUV vehicle and was urinating. While he was urinating, a subject approached him. The subject was described as a Hispanic male, wearing black framed glasses. He had a tall thin build and a buzzed haircut. The subject asked "What are you doing? Is it alright if I piss on your car?"i stated "Yeah go ahead" and pointed to his car parked right next to the white SUV. Wards were exchanged betweer~ and the Hispanic mace and a fight ensued. During the fight, several subjects from both parties began to have an altercation. The Hispanic male's girlfriend approached a blue car and began to yell at several females inside. She was calling them out saying "What? You think you're better than us?" The fight continued and ~ friend attempted to join the fight. The fight moved away from the SUV. Subjects from both parties continued to fight while bouncers from the location attempted to break it up. Several subjects began saying they were going to call the police. The subjects that approached ergot into a white SUV and into several other vehicles. The other vehicles were described as a Toyota Corolla and another of an unknown make/model. The vehicles all fled the scene. Prior to the vehicles leaving the scene, noticed he had been stabbed in the back and was bleeding, .Victim #2 ~, was also stabbed in the back. Victim #3 ~ said she was punched by an unknown male and Victim #4 w•as also assaulted with a fist by an unknown male. Deputies arrived on scene after the subjects left the location. They abserved~walking around with a large amount of blood coming from the back of his body. Deputfes requested medical aid to respond to the location. They rendered first aid until Rancho Cucamonga Fire arrived on scene. Rancho Cucamonga Fire arrived on scene and treated and ~. They were transported to Arrowhead Re tonal Medical Center by ambulance for further treatment. The condition of® and was unknown at the time of this report. REPORTING OFFICER M. MASON- #C6761 DATE REVIEWED BV 02102/70 TYPED BY ROUTED BY DATE GM-67568 FURTHER ACTION ~ COPIES TD: ^ Ofhar ^ SILPD REMARxS ^ YES ^ NO ^ Detective ^ CII ^ Othar 1515184-401 Rev. :/B3 ^ Oisl. Ally. ^ P81fol -250 ' CARE ND. SHERIF, ~ DEPARTMENT COUNTY OF SAN BERNARDINO »iooos~2 CALIFORN{A REPORT AREA CA 03600 Page 2 CODE SECTION CRIME CLABBffICATION PC 245 ASSAULT WITH A DEADLY WEAPON FELONY LAST NAME FIRS i NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDPE56 RESIDENCE PHONE CASE SUMMARY (CONTINUED): A license plate number was obtained for the white SUV. The license plate number was _. It came back registered to a white 1997 Ford Explorer. After the victims were transported to the Arrowhead Regional Medical Center, deputies contacted detectives. Detectives responded to the scene and began conducting witness interviews. They began searching the scerie for any evidence and possible contact of involved parties or suspects. The injuries to bdth~ and ~vuere puncture wounds to their middle upper back area. They were caused by an unknown type cutting instrument. At the time of this report, there was no further information regarding the suspects. For additional information refer to Detective Dupper and Detective Parkison's supplemental reports. Photographs were taken of the scene and of the victims. They were placed into the GINiS system at the Rancho Cucamonga station. ASSIGNMENT/ARRIVAL: On 01/23/10, I was assigried to routine patrol in the city of Rancho Cucamonga. I was dressed in a standard class A un'rform and was driving a 5herifl's marked patrol unit. At approximately 0217 hours; I was dispatched to Foothill Boulevard and the I-15 freeway in reference to a reporting party stating there was a fight at the location and an unknown person was stabbed. The reporting party was stating the fight was near the Beer Mug. Deputies arrived on scene and saw several subjects standing in the parking lot. REPORTING OFFICER M. MASON-#C8781 DATE REVIEWED BY 02I02l10 ( 7YPE08Y ROJiED BY I DATE GM-3?56B FURTHER ACTION: COPIES TD: G Omar '~ $DND REMARKS ^ YES ^ NO ^ Delenive ~ CII ^ ~he~ 15-151 Ba-001 Rev. 1/83 U D'ut. ANy. ^ Petrol '-251 CASE N0. SHERthr'S DEPARTMEhtT P COUNTY OF 5AN BERNARDINO i77ooos~2 CALIFORNIA P.EPDRT 0.REA CA 036D0 Page 3 CODE SECTION CRIME CLASSIFICATION PC 245 ASSAULT WITH A DEADLY WEAPON FELONY LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSWE55) ADDRESS RESIDENCE PHONE VICTIM CQNTACT /SCENE: After arriving on scene, I saw several subjects standing in the parking lot. I observed a white male walking towards me with a large amount of blood on his clothes. He was staggering. I immediately exited my vehicle and was approached by a female. The female said she saw everything and had license plate numbers. 1 asked her to stand by my unit and I provided medical aid to the subject that was stabbed. The while male was later identified a~ While treating! I was able to obtain a brief statement of what happened. The following is a summary of our conversation. said he was urinating near a white SUV and a Hispanic male approached him, They exchanged words aver him urinating near the Hispanic male's vehicle. A fight ensued and subjects from both parties joined the fight. After t:he fight was over, ~#ood up and felt a pain in his back. He realized he had possibly been stabbed. ~escribed the subject as a Hispanic male wearing black framed glasses. He had no further description of the subject. Medical aid arrived on scene and treated He was transported to Arrowhead Regional Medical Center. That concluded my contact with him. While I .provided medical aid to~ I was approached by a subject. The subject, ~, said he was also stabbed. He had a small puncture wound to the center of his back. Rancho Cucamonga Fire arrived on scene and treated~or his injuries. Hs was interviewed by Deputy McCloud. Refer to his supplemental report for further information. Several deputies from the Sheriff's Department arrived on scene. Deputy J. Aguirre made contact with the female who stated she had seen everything. He conducted an interview with her. Deputies were given a license plate number of_ The vehicle came back registered to a white®~an address on~in the city of Bloomington. Two other subjects approached deputies and said they were assaulted during the fight. REPORTING OFFICER DATE ~I M, MASON-VC8787 02102170 REVIEWED BY TYPED 9Y ROUTED BY ~ DATE GM-87568 ' FURTHER ACTION: CDPIE6 TO: ^ Other ^ SD/PD REMARKS ', ^ YES ^ NO ^ Deletliva ^ CII ^ Other 1515186-007 Rev. tl83 ^ DISI. Atty. ^ PetrW -252 CASE NO. SHERIF. a DEPARTMENT P COUNTY pF SAN BERNARDINO i7~ooos~2 CALIFORNIA flEPORT AREA CA 03600 Page 4 CODE SECTION CRIME CLASSIFICATION PC 245 ASSAULT WITH A DEADLY WEAPON ~ FELONY LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BVSINESS) ADDRESS RESIDENCE PHONE CRIME SCENE: The crime scene was a parking lot that had several cars parked facing east and west in a northlsouth parking lot direction.~ivas walking from sduth to north approaching deputies. ~as sitting on a concrete planter near several parked vehicles. and victim #4 were standing iri the parking lot area. There was blood located at the scene on- Qodge vehicle. There was no other evidence or any weapons located at the scene. Photographs taken at the scene are attached to this report. BOLO: After obtaining the license plate number for the involved vehicle, a SOLO was issued to surrounding agencies for the white SUV. VICTIM #1 INTERVIEW: was transported to the hospital and a secondary interview was not conducted at the time of this report. VICTIM #2 INTERVIEW: ~~ ~as also transported to the hospital and a secondary interview was not conducted of the time of this report. REPORTING OFFICER M. MASON- #C8761 DATE I REVIEWED BY 02/02/10 TYPED BY GM•67568 ROUTED BY DATE FURTHER ACTION: COPIES TO: ^ Other [~ SD/PO REMARKS ^ YES ^ NO ^ DetedNa ^ CII ^ Olhor 15457B4.4tl1 Rev, iB3 ^ Dial. Atty. ^ Patrol 253 SHERIFF'S DEPARTMENT COUNTY OF 5AN BERNARDINO CALIFORNIA CA 03fi00 PC 245 VICTIM #3 INTERVIEW: Page 5 FELONY 711000872 I met and spoke witl~at the incident location and the following is a summary of her statement. isaid they were leaving the Beer Mug. S SUV. A Hispanic male approached him and said described.the male as being tall and skinny. She short hair. A Hispanic female adult was with him sai~and the Hispanic male began female also began yelling. ne said~was urinating near a white "Are you pissing on my car?" She said he had thick black framed glasses and but~;~as unable to describe her. exchanging words. She said the Hispanic Friends from both parties began to circle and find out what was going on and a fight broke aut. During the fight, an unknown male punched~o the left side of her face. had no visible injuries to her face at the time of my contact. She said the fight broke up for unknown reasons. After the figaw blood o~ She then saw all the other subjects get into a white SUV and another unknown make/model car and flee the scene. She thinks the owner of the white SUV was the one who punched her in the face.~lad no further information and I concluded my interview with her. VICTIM #4 INTERVIEW: Victim #4 was interviewed by Deputy J. Aguirre at the scene. Refer io his supplemental report for further information. M. MASON- iFC8761 02/02!10 I GM-87568 FURTHER ACTION: COPIES TO: ^ Dltter ^ 50/PD REMAgKS ^ YES ^ NO ^ Dmecfive ^ CII ^ Olhar 15.7578<-0Ot Rev. 7/83 ^ Dist. Any, ^ Pawl CASE NO. SHERII. 5 DEPARTMENT F COUNTY OF SAN BERNARDINO >>>ooos~z CALIFORNIA REPORT AR'cA CA 03600 Page S CODE SECTION CRIME CL4851FIOATION PC 245 ASSAULT WITH A~OEA~LY WEAPON FELONY LAST NAME FIRST NAME MIDD'.E NAME (FIPM NAME If BUSINESS) ADDRESS RESIDENCE PHONE WETNESS #1 INTERVIEW: I spoke with~at the incident location and the f ll i i ow ng o s a summary of his statement. -said he saw a large group as he walking out of the Beer Mug. He heard a popping sound and began to walk to his car. He said it was a large fight, He didn't think the popping sounds were gunshots. ~ said it sounded as 'rf someone was being thrown into a car. He continued to walk to his car and called 911. He.told the operator (here was a fight. He said he didn't see anyone get stabbed and didn't see anyone break or hit a car. .didn't see any subjects and could not identify anyone. WITNESS #2 fNTERVIEW: I spoke with at the incident location and the following is a summary of his statement. said he is a doorman for the Beer Mug. He said all the involved parties were inside the bar. He said they all left. ~ said a large grouped was very hyped up and he wouldn't be surprised if they were the ones who were involved in the fight. was working the door and heard about a large fight in the parking lot. He walked outside and saw the fight.. said he saw more then a couple of guys by a silver Dodge, The Dodge had a license plate number of- REPORTING OF'rICER DATE REVIEW ED BY M. MASON- NC6761 02/02/70 TYPc`D 0Y I ROUTED BY DATE GM-97508 FLRTHER ACTION; COPIES TOI [ I Olher [-~ SD1Pp REMARI(S ^ YES ^ NO ^ DelectHe ~i CII ^ Otha~ 155518«07 Rev. 1183 ^ Dist. Atly. I] Pefrd 255 CASE NO. SHERII-r'S DEPARTMENT P COUNTY OF SAN BERNARDINO 111000872 CALIFORNIA REPOaT AREA CA 03600 Page 7 CODE SECTION CRIME CLABBIFICATION PC 245 ASSAULT WITH A ~EAdLY WEAPON FELONY LAST NAME FIRST NAME MIDDLE NAME IFIRM NAME IF BUSINESS) AOORESS RESIDENCE PHONE WITNESS #2 INTERVIEW (CDNTINUED): attem ted to break up the fight. He grabbed onto a male he was able to identify as He said Junior is a regular at the bar and is a semipro baseball player. grabbed ~ and pulled him away from the fight. After he pulled Junior away, all the subjects began to leave. As~walked back to the business he learned a subject was stabbed. He attempted to provide medical aid until deputies arrived on scene.said he could not recognize anyone else involved in the fight. This concluded my interview with WITNESS #3 INTERVIEW: I spoke with~t the incident location and the following is a summary of his statement. said he was at the Beer fviug that night but said he didn't see or hear anything. He said he only saw police and fire on scene. I concluded my interview with him, WITNESS #4 INTERVIEW: I spoke with ~ at the incident location and the following is a summary of her statement. I asked -if she knew what happened. said she was inside the bar and found out about the incident after it happened. One of her friends went and told her but she could not remember who it was. She did not know or see anything that happened and said she only knew her brother had been stabbed. This concluded my interview with her. REPORTING OFFICEP ~ DATE REVIEW ED BY M. MASON- pC8781 02/02/10 7YPED BY ROUTED BY PATE GM-B7568 FURTHER ACTION: COPIES TO: ^ Olft¢r ^ BD/PD FEMAAKS ^ YES ~] NO ^ DereaNe ^ CII ^ Olher 75~151B4-001 Rw. IIB3 ~ Dul. Atly. ^ Petrol 56 CASE NO. SHERIf-r 5 DEPARTMENT COUNTY OF SAN BERNARDINO 111D00872 CALIFORNIA REPORT AREA CA 03600 Page 8 CODE 6EC71DN CRIME CLASSIFICATION PC 245 ASSAULT WITH A DEADLY WEAPON FELONY LAST NAME FIRST NAME MIDDLE NAME (FIgM NAME If BU61NE661 ADDRE66 RESIDENCE PHONE 7 INJURIES: sustained a full thickness laceration to the middle of his upper barr}c. received a full thickness laceration caused by an unknown cutting instrument to~the middle of his back . iivas punched in her face and had minor redness. She ha~) no other visible injuries. Refer to Deputy J. Aguirre's supplemental report for information on victim #4's injuries. ADDITIONAL INFORMATION OFFICER: After the initial incident, deputies arrived on scene and the victims were transported to the hospital. Detective Dupper and Detective Parkison arrived on scene and took over the investigation. There was no evidence located at the scene. Photographs were taken and are attached to this report. For additional follow up refer to the attached supplemental reports. DISPOSITION: Case to date. Forward to detectives for.follow up. REPORTING OFFICER DATE REVIEWED BY M. MASON- pC8781 D2/02/10 TYPED BV GM-87568 ROUTED BY DATE FURTHER ACTION: COPIES TO: ^ Olher ^ 6D/PD REMARKS I^ YES ^ NO ^ Detective ^ CII ^ Olher 15-15184.401 Rav. 1183 ^ Disl. Any. ^ Pevol -257 iG+O9PlFev. BN2ICai1 1 CODE SECTION 12. CRIME OEFINRION 3. CASE NUMBER-STATION ' ©F PC 246 ASSAULT WITH A DEADLY WEAPON 9HERIFF'9 DEPARTMENT ~ IA 111003461 COUNTY DF SAN BERNAROIND ~A Olnar ' UNIFORM CRIME REPORT q, ASSIGNED MLl-OAV-YEAR TIME 5. ARRNEO MD-DAY-YEAR TIME 6. BEAT i. REPORT ^IST. '°°0°° 03126/2010 P0:43 0312612010 OD:44 04 R0002 B.000URREO DAV-0FWEEWMO-0AV.VEARRIME S. REPORTED MO-DAY~VEAR TIME 18. LOCATON OF OCCURRENCE CITY ' 03!261201 D 00:42 12809 FOOTHILL BLVD RANCHO CUCAMONGA FRI 03x 26(2010 00:41 , CODES FOR 80%ES 11 d Z' ARE: V =VICTIM W. ~ W RNESS RF =REPORTING PARTY DC =DISCOVERED CRIME IP IM.'OLVED PARTY V ~11. NPME: LAST, FIPST MIDDLE (FIRM NAME IF A BUSINES9) 12..1]. RESIDENCE AOORESS~STREc ~CITRZIP 1q. RESIDENCE PHONE ~ CONFIDENTIAL ~ y' r ~ AI t5.G000PATION I IE. RACEfSET 1).AGE I t B. DOB M-U-YR 19. BUSIN=_55 ADDRESS-STREET-CfT'-ZIP 2G. BUSINE95 PHON= W I 21. NAME: LAST FIRST. MIDDLE (FIRM NAME IF tlUSINE591 1. 2]. RESIDENCE ADDRESSSTREETLflV-21P 24. RESIDENCE PHON= - T V CONFIDENTIAL N E S ^3-OCCUPATION 2G. RnCE/SEY. 29. AGE 36. WBM-C-YH 228VSINE55 ADDRESSSiREE`-0ffY-ZIP 3U. BVSVdESS PHONE 8 1 I 31. SUSPECT N0.: !MST, FIRST MIDDLE 32 RACEISEX ]]. AGE i 3A. HEIGVR i35. WEIGHT 3fi. HAIR 3I. EYE9 ~38. DDS M-O-Y 35. ARRESTED q6. INiERVIEWEO ' ~ ~ I ~ ~ ~ ~ ~ YEB ~ NO DYES ^ NO 6 ~ U q1. RESIDENCE A00RESS~STREET-CM-ZIP q&CLO7HING ANO OTHER IDENTIFYING MARKS/CHARACTERISTICS 8 i E 43. SUSPECT N0.2 LAST, FIRST MIDDLE 44. RACEISE% 45. AGE 46. HEIGHT q]. WEIGHT 18. HAIR 9. EYES 50.008 MD-V :91. ARRE57E0 62, INTERVIEWED I C ~ YES ~ NO ~ YES ^ NO T S I 53. RESIDENCE AODRE95-STREET-CITYZIP 54. CLOTHBIG AND OTHER IDENi1FYING MARKS/CHARACTERISTICB f.'~~° b5$DRECIS9F°t7Aii'6WAME9YN~DFJTJPoUARID:'~$"~t ~p'la. .fETYSy$`~¢.}~.ti :~,s"~„..56z'16170kTlDN1iLAAfJFI3RMAT101:=..1~110TIM,1~V`t:= 4JRYdE85"J°r. Or'"FICER'_. _ _ ~ 3I=Pti!'81CAG6\?IDENO R OILEIiED2t YES f~q Y NO ~~~DD~^B AH~DT~OGRAPHS3Q~Ce~ &_~ ~ NO ''~,'~kSly`'597~'ATPJ3Y,ARINTSaAJFTED' YFS'~^ 710+: rCLE 1BM1fPOtiDR _ 2l1'Riw>~'" 9tMA Iy.~t Q~ try AttiAGEIDODn?'MCC°3SORIT~~~-~'.: 5- v 7 > a ~ a' ~ ' ~ ~~ ~ ~ , ~ ~ ~ILLII ~7 ~ " F i ! q t-q W 'i±Y~i~ F S .-~~' ) s~ rl -'g' -F ~ ~ ~ ~ ~ i ~ ~ .c v t k~1?Se .k..: 4Y. a>< s~ 9.ff 'r?.LV-Lc e..ciM~. ,.r'C.. .i:.~`F. 88. ROBBERY WEAPON: ^FIREARM ^OTHER DANGEROUS WEAPON LOCATION:^HIGHWAY ~OTNER BUSINESS ^SERV. STATION CUTTING INSTRUMENT ^ STRONG ARM ^ ^,,,]' NVENIENCE STORE ^ RESIDENCE ^ BANK ^ MISC. C T6. ASSAULTS WEAPON: ^ FIREARM ~ KNIFE/CIfTLING MSTRUMENr ^ OTHER DANGEROUS WEAPON O HANOSIF'EET ^ 91MPLEMOINJURY R Tt. BURGLARY ^ NIGHT ^ DAY ~ ^ FORCIBLE EMRY ^ ENTRY-NO FORCE ^ RESIDENCE ^ VEHICLE pq ^ UNKNOW N ^ ATTEMPT DY FORCE D NDNitESIDENCE BUILDING E T2. LARCENY ^ PICKPOCET ^ SHOPLIFT ^ MOTOR VEHICLE PARTS ^ FROM BLDG: NOT SHOPLIFT OR MACHINE9 ^ PURSE-SNATCH ^ FROI/. MOTOR VEHICLE ^ BICYCLE9 ^ FROM COH:-OPERATED MACHINES ^ PLL OTHERS ]]. PROPERN STOLEN ~ STOLEN STOLEN TYPES CURRENCY. NOTES S N, STEREO. ETC. S CDNSVMMABLE GOODS b 5 8 JEWELRY f FIREARNS S LIVE::TOCK S T A VALUES CLOTHMG, FURS b HOUSEHOLD GOODS b OTHER MISC. E T OFFICE EOUIPMENf S ^ IDENTIFIABLE PROPERTY TAKEN~NCIC ENTRY COMPLEfFD TOTAL b S T<. DOMESTIC VIOLENCE INJURIES ^ NONE ^ MINOR ^ MAJOR WEAPONS ^YES ^ N0. T5. PEACE OFFICER AS9AULTED/ARSON O VE9 IF YEB, COMPLEFE 90').._.°5 1, 2, 3.4. ANO 34 OR 35 ON CR/ FORM. 96. SYNOPSIS On the above date and time Deputies responded to the Beer Mug in reference to a disturbance. Upon contact and further investigation with the B involved parties, it was found two emplDyees were assaulted by six individuals wham were at the location. The victims were attempting to escort the r individuals out when the confrontation turned physical. During the confrontation both victims were peppered sprayed by one of the individuals whom o was a female. The other individuals whom were four males began to kick and punch the victims while they were on the ground. All the suspects were i P seen leaving in The suspects were described as four younger HMA's and two HFA's. The suspect's did not leave a credit card at s the location: A license p ale n by a witness for possible suspect leads. Will conduct a follow up investigation for possible suspect identification. s Victim's received bruising to face and hands. They were treated by paramedics on scene. Photographs taken of victim injuries. __ ,, ! .t.rFl ]i, REPORTING OFFICER 7B. EMP, tl l5. DATE IBC. R_NIEWED 9Y pATE B1. ROUTED TO ' J AGUIRRE I D4317 I 03/26/2D10 i , ^SUBlAR TD O/A ^OTHER ^ IMMEDIATE FO! LOW VP 6?. REPORTING OFFICER ~YE$ I]NO 151150UALIFIED 8 SHERD 'S DEPARTMENT COUNTY Gr SAN BERNAROINO 111003461 P-2 CALIFORNIA REPORT AREA CA 036D0 Page 1 CODE SECTION CRIME CLASSIFICATION PC 2C5 ASSAULT WITH A D'cADLY WEAPON FELONY VICTIM'S NAME -LAST NAME FIRST NAM'c MIDDLE NAME ('rIRM NAME IF BUSINESS) ADDRESS ~ RESIDENCE w- PHONE ASSIGNMENT /ARRIVAL Or; Fri.~ay, March 26, 2010 I was assigned as 11 P14 in the city of I',ancho Cucamonga from 2100 ~ hours to 0700 hours. At approximately 0043 hours I was dispatched to the Beer Mug located at 12809 Foothill Boulevard in reference to a man down. I arrived on scene at approrimately D044 hours. SCENE As I was arriving on scene I saw several subjects surrounding one white male subject who was lying on the ground: The subjects at the location advised me the subject who was on the ground was an employee of the Beer Mug and had just been assaulted by several other people. VICTIM #7 INTERVIEW ~~ ...,... advised me he is the property manager of the Beer Mug at the location. He stated he was inside the location when he saw a group consisting of four Hispanic males and two Hispanic females becoming rowdy inside the bar area due to the level of their intoxication. i9~ stated he proceeded to confront the subject's with one of his security guards in an attempt to escort them out of the premises. J~F stated he was escorting the subjects out of the premises and was able to walk them out of the front doors. While escorting the subjects out of the front door they began to curse at wand his security guard. rlthen was attempting to get the subjects into the parking lot area when he all of a sudden felt someone hit him with a fist on his upper body area. ~ stated he then saw one of the Hispanic females who were with the group pull out pepper spray and start spraying him and his security guard. ~ was unable to see and fell down to the floor trying to cover his eyes.. ~ stated he was then kicked and punched repeatedly while he was on the floor, especially in his head area. ~ stated he doesn't remember how long the assault was taking place for but stated he heard other people yelling that the subjects were getting away. was unable to see for the next few minutes and stated the last thing he remembered were the paramedics coming to help him out. I asked if he would be able to positively identify the subjects from the assault and he stated he was not sure but he would try. didn't have any further information therefore I concluded the interview. REPORTING OFRGER DNTE REVI'cVJED BY TVPED BV ROUTED BY DATE AGUIRRE, J. D43i7 3!30/10 F1516 FURTHER ACTION: COPIES TO: C Other 1 SD/PD REMARKS YES ^ NO ^ Detective ^ CII ^ D;her 15-15184401 Rev. 129 L] Us;. Atly. ^ Patrol CASE ND. SHERI' 'S DEPARTMENT P-26 COUNTY OF SAN BERNARDINO »ioo3asi CALIFORNIA REPORT AREA CA 036D0 Page 2 CODE SECTION CRIME CLASSIFICATION PC 2C5 ASSAULT WITH A DEADLY WEAPON FELONY VICTIM'S NAME -LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF 6USINESS) ADDRESS RESIDENCE PHONE VICTIM #2 INTERVIEW ~ ~ advised me he is one of the security guards at the incident location and was advised 6y that they were going to escort a group of several subjects out of the premises. ~ stated he was asking the group of subjects to leave until they got to the parking lot area, but then saw that they began to curse at him and>~ ~ stated he doesn't remember seeing ~ get hit with a punch, but does remember when a girl pulled out the pepper spray and started spraying everyone. ~ stated he was able to see a little bit but was unable to get a clear picture of the subjects because they were also assaulting him. ~ stated he punched some of the subjects back in self defense but was unable to get any further description due to the fact that he kept getting assaulted from behind. stated he was then unable to see because of the pepper spray and went back inside the location to try to rinse off. I asked ~f he would be able to positively identify the subjects who committed the assault and he stated yes. _Y SUSPECT DESCRIPTIONS The suspects were described as four Hispanic male adults and two Hispanic female adults. The Hispanic male adult #1 was described as having spiked hair,~dark complexion and wearing dark blue Dickey pants. -The Hispanic male adult #2 was described asliaving a white t-shirt and a piercing on his lip. The Hispanic male adult #3 was described as having a black baseball cap and wearing a white t-shirt. Neither of the victims was able to give a description on the Hispanic male adult #4. The first Hispanic female was described as being petite with blonde hair. The second Hispanic female was described as being heavy set with reddish color hair. All of the subjects were described - as being in their early to mid 20's. The Hispanic female with the blonde hair was described as the one who used the pepper spray. VICTIMS INJURIES The victims received bruises and lacerations to the forehead and hand area. They were rendered medical aid by the paramedics on scene. R'cPORTIN^u OFFICER DATE REVIEWED BY TYPED SY ROUTED SY I DATE AGUIRRE, J. D43T7 ~ 13/30/TD I F15T6 FURTHER ACTION: CO?IEE TO: (" REMARKS J Other ^ SD/PD L7 YES. i~ NO iii Detective ^ CII ^ Other 15-15194401 Rev. 1/83 ! I Dist. Atly. LI Pauol - ~A~c Nu. SHERI' -'S DEPARTMENT COUNTY Ur SAN BERNARDINO P-26 lttoo3ast CALIFOR NIA REPORT AREA CA 036D0 Page 3 CODE SECTION CRIME CLASSIFICATION PC 245 ASSAULT WITH A DEADLY WEAPON I FELONY VICTIMJS NAME -LOST NAME FIRST NAME NICOLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE WITNESS INTERVIEW I ~ advised me he walked out of the bar area when he saw a fight going on. ~ stated i when he walked out he saws and the security guard on the ground getting jumped by a group of several individuals. ~ stated he does not remember what they were wearing other then they I were all Hispanic, but does remember that all of them ran into a red Toyota Corolla and left eastbound in the parking lot from the location. E~ was able to get a license plate on the vehicle which was ~. ~ did not have any more comments for the interview therefore the interview was concluded. AREA CHECK An area check was conducted for the red Toyota Corolla, but deputies were unable to locate it in the area. Deputies also checked inside the business to see if the suspects left a credit card but none was left behind. CHANGE OF LOCATION I ran the vehicle and it came back to a red Toyota Corolla at ®m the city of Fontana. I went to that location in an attempt to conduct afollow-up. hl e'1 a~rlvmg at the location in Fontana I made contact with the parents of the person who drives the red Toyota Corolla. The parents advised me their son was driving that vehicle earlier in the night and he recently went inside to his room. The parents stated it was their house and they allowed me to go inside of the residence in order to conduct an interview with their son who was driving the vehicle. SUSPECT #1 IDENTIFICATION /RECORD'S CHECK The suspect who was driving the red Toyota Corolla was identified by a valid California driver's . , (icense as~~r~ date of birth ~. (ran a record's check on ~hd r it showed he had prior law enforcement contacts for driving under the influence of alcohol. I asked9~,if he knew why I was at his location interviewing him and he stated "I think I know why, it is because of the ihcident that happened at the Beer Mug". I asked ~if he s. a. REPORTING OFFICER DATE REVIEWED BYE AGUIRRE, J. D4317 3!30/10 '~. TYPED BY ROUTED SY F1576 DATE FURTHER ACTION: - COPIES 70: [,' Other ~ ^ SD/PD REMARKS YES ^ NO ^ DeteUNe LJ Cil ^ other ~. 'S-151 B4-401 Rev. 1/B3 ^ Dis:. Atty. ^ Patroi r.. :. ~'.~;~ 4 CASE NO. SHER ''S DEPARTMENT P-26 COUNTY OF SAN BERNAR[31N0 tiloo3ast CALIFORNIA REPORTAREA CA 03600 Page 4 CODE 5`cCTION CRIME - CLABStr'ICATION PC 245 I ASSAULT WITH A DEADLY WEAPON FELONY VICTIM'S NAME -LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE was at the location when the assault took place and he said yes. I asked ~whai role he played in the assault and he stated he was at the location with friends who he knew from high school and they were just having a few drinks. stated he remembers being kicked out of the bar area by and the security guard f i ecause Is r ends were being rowdy. stated was beginning to curse at them and tell them "Get out of my property, this Is my p ace and yo uys can not be here. Get the hel( out of here". ~ stated his friends were highly intoxicated which probably led to them verball y cursing atm. ~ stated he was walking to the front of his car when he atl of a sudden saw ~ grab and pull one of the female's hair and push her away in order to et her out of the premises. toted his friends were upset and began to yell at not to grab a female like that. stated he continued to walk forward to his car but knew t ere was probably goin to lie a fight with his friends and the bouncers because of the fact they pulled one of the girls hair.~stated he was walking towards his car when he all of a sudden heard several people yelling. He stated he turned around and saw his friends in a fight with and the security guard. ~"tated he never joined the fight and once people started yelling there was a fight at t e incident location and someone was going to call the police, all his friends ran to his vehicle. -toted they jumped into his car and they drove around the corner to Food 4 Less to rop the two females and one of the Hispanic males off. I asked ~ what the names of his friends were and he became uncooperative, not willing to tell me anything. I asked how many people left with him after he initially dropped the first people off around the corner from the Food 4 Less and he stated the only people he took him after he dropped them at Food 4 Less was his friend ~~ who they call and his other friend who they call " ". He stated he didn't know their first names. i~stated he then dropped .AKA "and the other male "~" at an unknown ad re ontana. state en came.home and fell asleep. I advised that he is going to be a suspect in a criminal investigation and he stated he knew but e knew the incident could not have been avoided.~was not placed in handcuffs while I conducted the interview. REPORTING OFFICER DATE P,EVIEWED BV 7YFED BY ROUTED BY I DATE AGUIRRE, J. D4317 3l30hD I I F1516 FURTHER ACTION: COPT"cE TO: REMARKS ^ Other ^ SD/Pp ^ YES ^ NO ~^ D¢tedive ^ CII ^ Other t5-t57B5-0D7 Rev. iN3 ^ Dist. Atty. ^ Patrol CASE NO. SHERII a DEPARTMENT p_26 COUNTY OF SAN BERNARDINO tttoosast CALIFORNIA REPORT aREA CA 03600 Page 5 CODE SECTION CRIME - CLASSIFICATION PC 245 ASSAULT WITH A DEADLY WEAPON FELONY VICTIM'S NAME -LAST NAME FIFlST NAME MIpDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE EVIDENCE Photographs of the victims' injuries were taken. Photographs were also taken of~which showed that he had no injuries and of the suspect vehicle. See attached form for details. The photographs were placed onto the DIMS system at the Rancho Cucamonga police station. I also checked for video surveillance of the premises from different businesses but none were available at the time. DISPOSITION Forward this case to the District Attorney's office for review and filing of complaint on the irifial suspect. `a Si ;} ~R ~. is y. Y REPORTING OFFICER PATE REVIEWED BV AGUIRRE, J. D4317 3/30/10 TYPED BV ROUTED BY DATE I I F?516 FURTHER ACTION: COPIES TD: ^ Other C SD/PD REMARKS YES ^ NO ^ Detective ~ CII ^ Other 15-:5185x01 Rev. 1/83 ^ Dist. Atly. ^ Patrol CASE NO, SHERI. S DEPARTMENT P-26 COUNTY OF SAN BERNARDINO 11'1003461 CALIFORNIA REPORT AREA CA 03600 Page 1 CODE SECTION CRIME CLASSIFICATION PC.245 ASSAULT WITH A DEADLY WEAPON FELONY VICTIN.'S NAME -LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS} ADDRESS RESIDENCE PHOIJE SUPPLEMENTAL ASSIGNMENT /ARRIVAL ~ On March 25, 2010 I was assigned to uniform patrol in the city of Rancho Cucamonga from 2100 hours to 0700 hours on March 26, 2010. At aoproximatefy 0043 hours I responded to the Beer Hunter located at 12809 Foothill Boulevard in reference to a male subject who was involved in a fight - needing medical aid. 1 arrived on scene at approximately 0045 hours and made contact with several individuals along with the victim outside the Beer Hunter. Additional deputies arrived on scene and !assisted in the investigation in locating additional witnesses and victims. WITNESS INTERVIEW I interviewed ° at the scene and the toilowing is a summary of her statement: -informed me she was walking from the parking lot towards the Beer Hunter when she saw several individuals running after a male subject. She stated she kept obserration~•of the subjects and noticed approximately three male subjects jumped on one male and were punching and kicking him. In addition she stated a Hispanic female, approximately 5'04, 120 pounds with blonde hair came running up and sprayed pepper spray at the individuals involved in the fight. stated after the temale s ra ed the pepper spray all the subjects separated and jumped into e Ic e and fled the scene. ,described the male subjects involved in the altercation as being Hispanic males and sta e t ey resembled gang members. stated she didn't believe she would be able to identify the male subjects involved in the figh ut does believe she would be able to identify the temale if she saw her again. ~Flad no further information theretore I concluded the interview. DISPOSITION Case to date. Forvvard a copy of this supplemental report to Deputy Aguirre's original report. REPORTING OFFICER DATE REVIEWED BY PARKER, J. A5376 3/30/10 TYPED BV ROUTED BY DATE Fi 616 FURTHER ACTION: COPIES TO: ^ Other ^ SD/PD REMARF:S ^ YES ^ NO ^ Dateclive ^ CII ^ Omer t5-7 5 7 54 401 Rov. t/53 D Diel. Atry. ^ Patml 15~'IRm-. iftOE (GRt) 1. CODE SECT' 2. CRIME DEFINRION 7. CASE DUMBER-ETaTION ~ F .SC INC .MISC INCIDENT 111005346 P I SHERIFFS DEPARTMENT ~ M CO'dNTY OF SAN BERNARDINO, CA UNIFORM CilIMEBEPOAT ®OTHER 4, ASSIGrvMENr MO-W\"-YEAR-TIVE 5. ARRNED MO.OAY-YEAR~TME fi. HEAT 7. REPORT DI$T. °'M°0 05D6101D142 05081010144 4 RC59 B, OCCURRED DAY OF WEEK MO-0AY•VEM-TIME 9. R'cPpRTEO MO~DAY-YEAR-TINE tp, LOGTION OF OCCURRENCE LffY SATI05081 D10735 ~ OSDBt01 0141 12609 FOOTHILL BLVD. RANCHO CUCAMONGA, CA COOE$FDR 80%E512E22 ARE: V=VICTIM W•WRNESS RP=REPORTING pARTY OC•pISCAVEREO CRIME IP=INVOLVED PARTY i1. LAST, FIRST N900LE (FIRM ff A eUSINE65) 12. t3. RESIDENCE-ADDRESS-STREET-0ITY•ZIP td. RESIDENCE PHONE I6. OCCUPATKIN 16. RACESE% 17. AGE 19. DOB M-D•YR ~ 59. BUSTNES$ ADDRESH STREET~CITY-ZIP 20. aJSIME55 PHONE 21. NAME LAHi. T. MIDDLE (FIRM IF A BUSINE ) b. ENCE ADDRES$.STAEEr-CfTY.2(P 24. - DENCE PHONE ~ 26. OCCUPATION ~ 26. RAGEISE% 2]. AGE 29. DOB M4}YR 29. 0USINESS ApDRES&~STREET{m-ZIP 30.BUSWES$PHONE 71. SVSPEGT NU.1 UST, FIRST. MIDDLE 7G. RACF,SEX E A. M, 36. V/T. %, HAIR 7J. EYES 3B. DOB 79. ARRESTEp 40. IATERVIEW NONE I ^ YES D No ^ YES O ND 41. RE$IDENCE~AODRESS-STREET-GTY-Z~ 42 CLOTHING ANp DTMER IDENTIFYING MARKSlCFNRA(TcR$TICS 43. SUSPECT ND 2 UST, FIR.Si, A90DLE m, pACE/SEX 45. AGE 46. FTT 4T. WT 4B, H41R 49. EYES 5D. DOB 91. ARRESTED 52. INTERVIEW D YES D NO ^ YES ONDr 57. PESIDENLE AO~RESSSTREET-LRY•21P 54. CLpTHItG ANp OTHER IDENTIFYPIG MAftILS/CHARAGTER$TIGS 35. CHECK ff MORE NAMES Bl CANT1NVAnON DYES ^ NO SB. ADpmONAL WFORMATiDN D V:CTW D WnNESB ®OFFlCFR ^ OTYiEA 57. PHYSICAL EV®ENCE fLECOVEAED ^ vE5 ®NO 58. PHOTODRAPHS TAKEN ®YES D ND 59. UTENi PRINTS LIFTED DYES ®ND e°. VEHICLE 61. COLOR 82. YEAR 83. MAKE W. MADEL 96. BODY TYPE Bfi. VC, BT. STATE 68. DAMaGEADDfiYIACCESSORIES 1 D 6 99. RDSBERYWUPON ^FIREARM ^DTNER DANGEROUS WEAPON LOCATION: ^HIGHWAY DOTHER BUSWE55 DSERV. STATON ^ CUTTNG INSTRUMENT ^ STRONG ARM ^ CONVENIENCE STORE ^ RESIDENCE ^ BAH( ^MISC. 7D. ASSAULTS: WEAPON: ^ FIREARM D KNIFE /CUTTING INSTRUMENT ^ OTHER DANGEROUS WEAWN ^ fb1d0.S/FEET D SIMPLEIND INJURY ]I. BURGUHY ^ NIGHT ^ DAY D FOROEIBLE ENTRY D ENTRV-NO FORCE D RESIDENCE ^ VEHICLE ^ UNKNOWN D ATTEMPT BY WRCE ^ NON-REBIOENLE (BUILDING) ]L URCENY D pIC1~OCKET D SHOPLIFT ^ MOTOR VEHCLE PARTS D FROM BLDG: NOT SHDPUFT OR MACHINES D PURSE•SNATLH D FROM MOTOR VEN:CLE ^ BICYCLES ^ FROM COM-0PERATED MACHNES ^ ALL OTHERS STOLEN STOP STOLEN J3. PROPERTY CUPAefJCY, NOTES S N. STEREO. ETC. 3 CDNSUMABI.E GOODH E TYPES JEWELRY S FIREARMS S LIVESTOCK S B V~~ CLOTHING f HOUSEHOLD G0005 E 0711ER UJ5C, f OFFICE EOUIPMFM .E TOTAL E ~ IDENTIFIABLE PRDEERTV TAKEN p NCIC ENTRV COMPLETED )4. DOMESTIC VIOLENCE INJURIES: ^ NONE D MINOR D MAIOR WEAPONS: ^ r5 ^ NO ' 75. PEACE OFFICER A53AUL7E_OIARSON DYES, IF YES. COMPLETE 90%ES 75,3,4 AND 34 OR 35 DN CR4 FORM JB. SYNOPSIS On the above dat¢ and time deputies responded to a PC 242 -Battery report call at 12869 Foothill Blvd. (Boor Hunter) The Battery was unfounded through our invectigation. It was found that the staff at the bar did not check the identifications of the two.year old males that were being served and consuming alcoholic beverages. One of the~rear old males was served so much alcohol that he had to be carried out of the bar after falling numerous times inside the bar and causing injuries to his face and shoulder. ARS RMS ``TAT ~SCAI3 77. REPORTING OFFICER 78. EMP Y ]9. DATE B0. R I WEO BY PATE B1. ROCKED TO D, KING D6186 f 050610 ~l'i0 OsuBMR ro D/A ®OTHER~ D IMMEDIATE FOLLOW-UP r! I ', B2. REPORTING OFFICER 6 M1160UALIFIED YES NO 87. GN4G RELIT YES ~i Np W T N E S S ~~ P-266 CASE NO, • SHERIFF'S DEPARTMENT 111605346 County of San Bernardino Calrfomia REPORT AREA. 03600 RC69 CODE 5 ECTION GRIME CLASSIFICATION MISC INC MISC INCIDENT OTHER VICTIM'S NAME L0.5T NAME FIRST NAME MIDDLE NAME (FIRM. NAME lF BUSMESS) ADDRESS RESIDENCE BUSINESS PHONE ASSIGNMENTIARRIVAL: On Saturday 05/06/2010, I was assigned to work patrol functions in the Incorporated city of Rancho Cucamonga as 11 P14. I was in full uniform and driving a marked Sheriff's patrol vehicle. At approximately 0142 hours, I was dispatched to a PC 242 -Battery report call at the Beer Hunter Bar. At approximately 0144 hours, I arrived on scene. OBSERVATIONSfl NVESTIGATION: When I arrived on scene I walked to the front door of the location and was met by two Ex!mcers from the bar. Both men were standing in front of the entry doors as if they did not want to let me go inside. I asked them where the person was who got punched. They looked at each other then looked back at me and said, eVJe don't know what the fuck you're talking about".1 told them not to play stupid with me. They said, "We don't know what you're talking about and chuckled". While talking to them I noticed a bag of ice and a her towel lying on the ground near the front doors, the towel appeared to have a small amount of blood on it. I asked the bouncers what the ice and towel were for. They looked at each other again and said, "We don't knob'. I walked inside the bar and was unable to find anyone who appeared to have been involved in a fight. I was contacted via the radio that Deputy Sousa found the subjects at their vehicle in the parking lot. I met with them there. When I arrived in the parking lat I observed three males. Two were standing next to a truck and tfie third was lying down face up in the back seat of the truck with blood all over his face and shoulder. I asked him for his name and identrfication. He was very intoxicated and unable to speak vary well. I asked his two other friends for his name. His name is ®~While I was speakin~one of his friends contacted mother who came io the location. The Rancho Cucamonga Fire Department and AMR Ambulance Company were requested to check on the medical conditio~While they were assessing his condition, one of the staff members and a bar tender came out to my location. h of them deny having seen eithe ns(de ttie ha and stated they were 100% positive they were not served alcohol inside the bar. While speaking to a and the third male confirmed that all three of them came to the location in the same vehicle and entered the bar at the same time. y stated they were all sitting at the same table and were being served alcoholic beverages and never once had their identrfications checked to verify they were 21 years of age. w; REPDRTING OFFICERS DATE REVIEWED BY TYPED BY ROUTED BY DATE D.KING/D6t86 050610 FURTHER ACTION: COPT-c5 TO: ^ SDlPD ^ Other REMARKS YES ~ NO ^ Demdives ^ CII ^ Other ^ Oist. AriY. ^ Petml 1S15Na°: Rev. )/07 fCR21 Page i ' • SHERIFF'S DEPARTMENT CASE NO. 111005346 County of San Bernardino Galifo mia REPORT AREA. assoo ac5s CODE SECTION CRIME CLASSIFICATION MISC INC M15C INCIDENT OTHER VICTI® FIRST NAME MIDDLE NAME FIRM NAME IF OUSINE55) ADDRESS RSIDENCE BUSINESS PHONE OBSERVATIONS/INVESTIGATION: CONTINUED I asked them what happened t~''as the least intoxicated out of the two so I spoke mostly to hirrtoid me, he noticed that was very )ntoxicated and fell down do his face inside the bar. The bouncers picked him up by his arms and carried hlm to the front door where he fell on his face and chest again~ated he notice~as bleedin from his face and left shoulder. He was able to assi~ the planters at are just outside the front doors . aid, "One of the bar tenders brought out a bag of ice and atowel fd- He also told me the bouncers bel-same aggressive in felting him that he needed to get his friend to the car and get him away from the their best in carryin~ the truck and were able to get him inside the truck. It is unknown where the allegations of..rr Bing punched came from. The PC 242.8attery was unfounded, After being assessed by fire personne_ was transported. to San Antonio Gommunity Hospital. INJURIES: ~ustained lacerations to his left eybrow and scratches to his shoulders. It is unknown if he suffered any other internal mlunes from falling and/or injuries from alcohol cronsumption. PHOTOGRAPHS: Digital photographs were taken and downloaded onto a CD and placed into evidence at the Rancho Cucamonga Station. Photographs will also be attached to this report. DISPOSITION: Cleared by exceptional means. Report taken for documentation purposes. REPORTING OFFICERS DATE REVIEWED BY NPED BY ROUTED BY DATE D. KINGlD6186 050610 I FURTHER ACTION: COPIES TO: ^ SD/PD ^ Other REMARKS YES ~ ND ^ Deteclives ^ GI ^ 07her ^ Dist. Atry. ^ Palrol :S158a~01 Rev. )/83lCR1 ' -267 Page 2 ' ~ CASE NO. - SHERIFF'S DEPARTMENT COUNTY OF SAN BERNAF2DIN0 1'! 1 QQ5346 CALIFORNIA REPORT ARFJ, CA 03600 Page 1 RC CODE SECTION CRIME OLASSIFICATION incident VICTIM'S NAME ~ IAST NAME FIRST NAME MIDD! E NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHDNE Supplemental Report Assignment /Arrival: . On 05/11/2010, I was assigned follow-up of an incident which occurred on 05/08/2010 at The Beer Mug (12809 Foothill BVLD). Witness Interview: SCEBBI, Shelly On 05/1112010, at approximately 1020 hours, I spoke td~at her place of employment® explained she is the mother of the dim ~, i d , rece ve a phone call from a friend of her so ~ said her son was at "the Beer unter" Aka Beer Mug and was hurt was t I ti b it h d h . no a ne eca on, r a erd the information from a friend who was with him. immediately drove to the restaurant and foun~being loaded into,ar ambulance. allowed her son to San Antonio Medical Center where he was treated for the riext 24 hours. Involved Pa Interview On 05/11/2D10, at approximately 110 ours, spoke t~t his residence~~ On Friday, May 7`", 2010 at approximately 2200 hours,~nd three friends and ent.to the Beer Mug 12809 Foothill BLVD. s the group entere i urant they were ina)vi ua y asked for identifications,® presented his California driver's license, depicting he was 19 years of age. The door man looked'at the ident~cation's and allowed all four to enter. From approximately 2200 hours until about 01 DO hours consumed multiple alcoholic beverages. As he estimated he consumed 6-10-shots of "Death" aka "Snowshoe's", this is a mixed alcohol drink containing amixture of 1 '/z oz 100-proof Wild Turkey Bourbon and 1 '/ oz 100-proof Rumpfemintr Peppermint Schnapps total of a 3 oz shot. In addition to these 6-10 shots, he also consumed one jagerbomb, a mixture of Jaegermister and Red.Bull, and multiple glasses of New Castle beer. ~PProximately $80.00 on alcohol during this time. These drinks were primarily purchased from e barwith cash. REPORTING OFFICER Clark 86735 DAT-c U5/11110 REVIEKrO aY NPED BY ROUTED BY OgTE FURTHER AC710N; COPIES TO: - ^ Other ^ SD/PD REMARGS ^ YES ^ NO ^ Detective ^ CII ~ ^ Ochel 15-:51e4<01 Rev. 1/e3 ^ Drst Atty. ^ PattDl ,.. P-269 POOR PHOTO COPY QUALITY Please review report transcription for message detail of photo copies CASE N0. P-27O SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 111005346 CALIFORNIA REPORT AREA CA 03600 Page 2 Rc CODE SECTION CRIME CLASSIFICATION Incident VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE When a d about who served the drinks~mmediately stated served me" referring to he owner of the restaurant.~purchased the malorlty of the shots at the bar from Approximately half of those shots were consumed at the bar in direct sight of~ some were consumed back at the table where the four sat and drank. ~ was not Garde at any time for the purchased of the shots or the pitcher of beer. At approximately 0100~had left the restaurant and gone to the vehicle to sleep. and had also stepped outside to smoke while tayed inside. Chas no recollection of what occurred after=and left the table, at approximately 0100 am. The next recollection of has was waking up in the intensive care unit of San Antonio Community Hospital. Witness Interview: Gelbach, John On 05/11/2010, at approximately 1200 hours, I spoke toxin the parking lot of Bank of America, Foothill BLVD / Archibald AVE. ~I~ ~, f aRS a bartender at he is also an ~t acquaintance of the owner of the Beer mug. On ~ / 4.~- _-_ ~C ~ 05/08/2010 at approximately 0200 am,~eceived a text message from ~ The following are digital images of those text 1~~§;-~~- r ~ ; messages. ~~~'~`''1`, How old es ur ®?Who was off, getting arrested for ,~. underage. ~~`t~~~n ! .~t ~ ~v *'p Q ~: He should be 21........ He works here and I know it's 21 ~,: ~ ,% I and olden What Happened?r?r?r? H,~ `- ~ ~,` ,€ h he's claiming he works at They checked his I'd, he's only 20 , behind the bar. Heads up i l i =~ He got fucked up, fell down hit his head, his friends called the REPORTING OFFI ER DATE REVIEWED BY TYPED BY ROUTED SY DATE Clark 86735 05/11110 FURTHER ACTION COPIES TO: ^ Other ^ SD/PD REMARKS ^ YES ^ NO i] Detective ^ CII ^ Other 15-15184.401 Rev. 1/83 ^ Dist. Atty. ^ Patml CASE NO. P-271 SHERIFF'S DEPARTMENT 111005346 COUNTY OF SAN BERNARDINO CALIFORNIA REPORT AREA Page 3 CA 03600 Rc CODE SECTION CRIME CLASSIFICATION Incident VICTIM'S NAME -LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE ~. L ®: Oh shit!! /'ve never asked him old he is !! /always asumed....Fuck 3S;fYt4 '=';:~:b%'~' ~•~is talking to his older bro who's a bartender ..~,. Here and he said h got jumped and is in the hospital? ~ ~'`'" ~'~~.:_ r ~ °'~ ~: No he fell, he drunk, everybody saw. ~, M ~: Shit.. Ok II ~... ~,, i 1 s ~~, _r ~ ~~ w - ~_U didn'tget in any trouble did ~ , u ? 4 ~...~. c¢~~ ,~,. ) aw! r ' '' ~e Yeah minor in my liar drunck ~ ®: Fuck ......Sorry man ! ~ , - ~ ~.~ ~ x • a; _ .: REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE Clark 86735 05111110 FURTHER ACTION: COPIES TO: ^ Otller ^ SDlPD REMARKS ^ YES ^ NO ^ Detective ^ CII ^ Other ^ Dist. Atty. ^ Patrol 1 51 51 84-401 Rev. 1/83 ' :;P.SC. NV Si-I~RiFF'S D~PARTMcNT COUNTY OF SAN i3cRNARDINO '~ ~'~005~~6 CALIFORNIA rte;v ,R* AR=.A CA 03600 Paae 4 RC /_'OOf sE CTION =RrtJ.'e. I e_ssIgCAT!!:, r.l Incident j _ I ~ VIC'11M'u Np6iE - i_4a 1' NAML iIR `.i"•~ NAA1[, 61I7DL.c tJAM!I 'Fi P.M NAlnE G LiUEIINE :i? ~~ - AOIJI:csS - r-- F. EI E:ID!°.hICE. --- ~..---. .-- F+IIGNE i ~tatad Yha~ is t'r;e rack name fG the owner of ;r, -- -- - --•:.~~. ~ beer Muq. The contact information in the phone iist I ~ ", ~``'' _: hasr,ad nc furher contact via text or in person 'I with ince the incident. ,„:.~,,.,r:.:,,,. - ~ . I ; ,ww~ r ~ . I " ~ Injuries ' was transported to San Antonio Community Hospital where he was admitted to the intensive care ur;it for Acute Alcohol intoXi;ation. Pie was placed on a venfilatar nor approximately 2? hours while being treated. Per his statement his blood alcohol contenfvdas approximately .45rYo at the time of admittance. Medical records ara pending. Dis~osifion Case to date attzch to original report. kE FORTiraG OF FIC:R 0:.: E' ! RE\9 vd D gv Tv?cU 9v kOU"rEU EY C.,;RE Clark 0675 I I 05!11!10 ~Uti THGH ACTION '. i RF.lnFRY. E. COnIFS TU :J V;^~ SCUD v"E~ NO I .~... .,. 15.151P:J91 nBV :.... D:Si T'ly .,,._-: _, 4 '-275 P-278 .,. .. rS10603-007 Rev. 71/06 (CRt) t. CODE SECTION 2. CRIME DEFINITION 3. CASE NO CRIME CODE ~ F i Incident 111007468 P-Q7 SHERIFF'S DEPARTMENT ~ M COUNTY OF SAN BERNARDINO, CA UNIFORM CRIME REPORT ®DTHER I '4. ASSIGNMENT M0.DAV-YEAR-TIME S ARRIVED MO-DAY-YEAR-TIME 6, BEAT 7. REPORT DIST. 0°600 062910!2300 06092012300 RC 4 RC059 8. OCCURRED DAV OF WEEK MO-OAY-YEAR-TIME 9. REPORTED MO-DAY-VEAR- 1G. LOCATION OF OCCURRENCE CITY Wednesday/060916!2300 TIME 12609 Foothill Blvd. Rancho Cucamonga 062010/2300 CODES FOR 90%ES 12822 ARE'. V=VICTIM W=WITNESS RP=REPORTING PARTY DC=DISCOVERED CRIME IP=INVOLVED PARTY V i t. LAST, FIRST MIDDLE (FIRM IF A BUSINESS) 12. 13. RESIDENCE-ADDRESS-STREET-CITY-ZIP 14. RESIDENCE PHONE I The City of Rancha Cucamonga. - (909)47-2700 C T 1 15.000UPATION 16 RACE/SEX 17 AGE 13. DOB M-O-YR 19 BUSINESS ADDRESS STREET-CITY-ZIP 20 BUSINESS PHONE M- W I 21. NAME: LAST, FIRST, MIDDLE (FIRM IF A BUSINESS) 22. 23. RESIDENCE ADDRESS-STREET-0ITY~7JP 24. RESip ENLE PHONE T N 25. OCCUPATION 26. RACE/SEX 2]. AGE 28. DOB M-G-YR 29. BUSINESS ADDRESS-STREET-CITY~ZIP 30. BUSINESS PHONE E E S 31. SUSPEC i N0.1 LAST, FIRST, A1IDOLE 32. RACEISEX 33. AGE 34. HT. 35. Wi. 36. HAIR 3]. EYES 38. DOB 39. ARRESTED 40. INTERVIEW The Beer Mug ^ YE$ ~ NO ^yES C NO S 4i. RESIDENCE-ADDRESS-STREET-CITY-ZIP 42. CLOTHING AND OTHER IDENTIFVMG MARKSICHARACTERSTIGS u 12809 Fobthill Blvd. Rancho Cucamonga. 5 P 43. SUSPECT N02 LAST, FIRST, MIDDLE 44. RACEISEX 45. AGE 46. HT 47. WL 46. HAIR 49. EVES 50. DOS 51. ARREST 521NTERVIEW E ^VES ONO ^yES ^ND C T RESIDENCE ADDRESS~STREET-0ITV-ZIP 53 54. CLOTHING AND DTHER IDENTIFYING MARK$/CHARACTERSTICS S . i 55.'OMECKIF MORE.NAMESrIN.CONTINUATION ^ YES C7 NO. 56 AODfTIONALINFORMATION -O VICTIM ' ^ WITNESS OAFFICER '-O OTHER .I 57. PHYSICAL EVIDENGERECOVEREO ^YES. ^ NO 58. PHOTOGRAPHS TAKEN O YEfr ^ NO 58 LATENT PRINTS LIFTED OYES.'ONO N ! ~ fi0 VEHICLE COLOR 61 62. VEAR 83. MAKE 64. MODEL 65: BODVTYPE ~ 66. LIC. S}. STATE 66. DAMAGEIODDITVIACCESSORIE6 V . . : p V . ^ S 69..ROBBERV WEAPON. ^ FIREARM ^ OTHER DANGEROUS WEAPON LOCATION-. ^ HIGHWAY ^ OTHER BUSINESS ^ SERV. STATION ^ CUTTING INSTRUMENT ^ STRONG ARM ^ CONVENIENCE STORE ^RESIDENCE ^ BANK ^ MISC. C R ]0. ASSAULT WEAPON: ^ FIREARM ^ KNIFE I GUTTING INSTRUMENT ^ OTHER CANCEROUS WEAPON ^ HANDS/FEET ^ SIMPLE/NO INJURY I 71. BURGLARY O NIGHT ^ DAY ^ FORCEIBLE ENTRY ^ ENTRY-ND FORCE ^RESIDENCE ^ VEHICLE M ^ UNKNOWN ^ ATTEMPT BY FORCE O NON-RESIDCNCE (BUILDING) E 72. LARCENY ^ PICKPOCKET ^ SHOPLIFT ^ NATOR VEHICLE PARTS ^ FROM BLDG: NOT SHOPLIFT OR MACHINES $ ^PORSE-SNATCH ^ FROM MOTOR VEHICLE ^ BICYCLES ^ FROM COIN-OPERAtED MACHINES ^ ALL OTHERS T STOLEN STOLEN STOLEN A 73. PROPERTY CURRENCY. NOTES 5 N. STEREO, ETC. S CONSUMABLE GOODS 3 T TYPES JEWELRY S FIREARMS 8 LNESTOCK S S 8 CLOTHING S HOUSEHOLD GOODS 6 OTHER MISC. S VALUES OFFICE EQUIPMENT $ TOTAL S O IDENTIFIABLE PROPERTY TAKEN ^NCIC ENTRY COMPLETED 74. DOMESTIC VIOLENCE INJURIES'. ^ NONE ^ MINOR ^ MAJOR WEAPONS: ^VES ^ ND 75. PEACE OFFICER ASSAULTED/ARSON ^YES, IF YES, COMPLETE BORE51,2,3,4 AND 340R 350N CR4 FORM 76. SYNOPSIS Following the Planning Commission meeting on June 9th 2010, Deputy Clark, Deputy Wright, and Adam Collier from the Planning 5 Department conducted a compliance check at the Beer Mug, The intent of the check was to view the over all operations of the restaurant Y as detailed in~a memo from Ryan Kroll who is representing The Beer Mug. The memo from Mr. Kroll is dated June 1" 2010. There was N approximately 40 patrons standing or sitting inside, and one couple dancing in the south comer of the restaurant. The lights were low 0 withdisco ball and strobe type lights flashing. There was a D.J. inside by the name of Richard Cortez. Cortez had a lap top with two P external turn tables to mix songs. Cortez was in control of the music videos being played. Cortez was wearing headphones allowing him 6 I to hear the music. Cortez was specifically playing! mining music and videos for the entertainment of the patrons. Cortez stated Mr. Roig g asked him to come play music on June 9'" 2010. We asketl to speak to Mr. Roig. The employee at the front door stated Mr. Roig left the establishment approximately 5 minutes before deputies arrived. ]7. REPORTING OFFICER ]8. EMP # 79. DATE B0. REVIEWED 8Y DATE 61. ROUTED TO R Wright W2600 , - 062910 ,,, `-.•",• ^ suBM1T ro DiA ^ orH.ER _. _ ;: _ _.r,__ - ._ , ^ IMMEDIATE FOLLON/-UP ER IS 11 5 OUALIFlED ®YES O NO 02. REPORTING OFF IC 63. GANG RELATED ^VES ®NO p ~ e ~ CRn1~0 1 ®° __. .. .. ~~- CASE NO. P-280 SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO .111007468 CALIFORNIA REPORT AREA CA 03600 Page 1 Rc4 Incident The Citv of Rancho REPORTING OFFICER R. Wright DATE 061910 REVIEWED BY TYPED BY ROUTED BY DATE FURTHER ACTION: COPIES TO: ^ Ofher ^ SD/PD REMARKS ^ YES ^ NO ^ Detective ^ CII ^ Other ^ Dist Atty. ^ Petrol 1515184-401 Rev. 1f83 . .,. ,... ...rc. _.. _ _.____ .; _.____ _ _ y. y.: ~. _.., .. SHERIFF'S DEPARTMENT~COUNTY OF SAN eERNARDINOLALIFORNIA t-LASE NUMBER~ETATION COMPLAINT-DISPOSITION REPORT-PROPERTY RELEASE '111007468 p_yg~ 2. CODE SECTION 3CRIME DEFINITION 4. C1A551FIGATION Incident Report V S. VICTIM NAME/OTHER LAST, FIRST, MIDDLE (FIRM NAME OF BUSINESS) g, pDDREGE STREET. CITY, LP ^ REEIDENCE ^ BUSINESS ]. PHONE NUMBER ~ The City of Rancho Cucamonga, (909) 477.2700 c 5. SUSPECT NAME t LAST, FIRST, MIDDLE 9. RAGESFX 10. AGE H. HEIGHT t2 WEIGHT 13. HAIR 14. EYES 15, DOB S u te.ftEGIOENCEA00RE5&STREET. CITY ZIP t6. CLOTHING fiOTHEfl IDENTIFYING HARKILHARACTERIST:CS S P E 18. SUSPECT NAME 2 LAST, FRST, MIDDLE 19. RACESE% Z0. AGE 21. HEIGHT 22. WEIGHT 23, HAIR 24 EYES 25. DOB D T The Beer Mug, S Z6.RESIDENGE ADDRESS STREET, Z]. CLOTHWG80THER IOENTIPoNG MARIVCHARACTERISiICS 2fl.AD0'L NAMES '12809 Foothill Blvd. Rancho Cucamonga 25.ROBBERY LOCaTK)N ^ FREARM ^ OTHER DANGERODE W'cAPON ~ HIGHWAY ^ OTHER BUSINESS ^ 9ANK - NUMO R ^ CUTTING INSTRUMEM ^ STRONG ARM ~ ~ SERVICE STATION ~ CONVEWENCE STORE ^ RESIDENCE ^MISC ~ R 30. ASSAULTS WEAPON'. ^FIREARM ^KNIFE/CUTTING INSTRUMENT ^OTHER DANGEROUS WEAPON ^MANOSPEET ^SIMPL'c/NOINJURY 31. BURGLARY [I NIGHT ^ DAY ^ FORCIBLE ENTRY ^ ENTRXNO FORCE ^ RESIDENCE M ^UNKNOWN ^gTTEMPT BY FORGE ^NONRESIDENCE (BUILOINGf E 32. LARCENY ~ PICKPOCKET ^ SHOPLIFT ^ MOTOR VEHICLE PARTS ^ fROM BLDG: NOT SHOPLIFT OR MACHINES y ^ PURSE SNATCH ^ FROM MOOR VEHICLE ^BICYCLES ^ FftOM COM-OPERATED MAGHINE6 T 33. PROPERtt RECOVERED RECOEVERED RECOVERED p TYPES AND CURRENCY NOTES E TV, STERC. ETC E CONSUMABLE GOODS S VALUE .T $ JEWCLRY E FIP.EAR.U,G LJVESTOCK S CLOTHING,fURS E ~ HOUSEHOLD GOODS E OTHER MISC . .. E OFFICE EQUIP E NCIC ENTRY COMPLETED E TOTAL PROPERTY RECOVERED E ' 34. ARSDN PROPERTY VALIJ'c PROPERTY VALUE PROPERTY VALVE TYPES AND p VALUE SINGLE RESIDENCE E INOUBTR'aL/MANUF E OTHER STRUCTURES E R OTHEF RESIDNLE $ OTHER LOMM'cRCIAL E MOTOR VEHICLE E 9 STORAGE E PUBLIC BDiLDINGS 5 OTHER MOBILE E D N ^ INHABITED BUILDING ^ UNINHABITED/ABANDONED BUILDING TOTAL OTHER LGET b O 35. PEACE OFFICER ^ ASSAULTED ^ KILLED BY FELONIOUS ACT ^ KILLD BY ACCIDENTMEGLIGENCE INJURIES: ^ VES ^ NO F D WEAPONS: ^FIREARM ^KNIFHCUTTING INSTRUMENT ^ OTHER OANGEROV6 WEAPON ^ HANDS/FEET R ASSIGNMENT: ~ 2-MAN VEHICLE ^ 1-MAN VEHICLE ^ DETSPEC ^ OTHER VEHICLE A ^ ALONE ^ A555TED S TYPE OF ACTIVITY: ^ DISTURBANCE ^ BURGLARY ^ ROBBERY ^ OTHER ARRESTS ^ CIVIL DISORDERS ^ HANDLING PPISONERS L T ^ SUSPIGOUS PERSONS/CIRCST ^ AMBUSH ~ MENTALLY DISTURBED ^ TRAFFIC STOP ^ hLL OTHERS 36. COMPLAINT INFORMATION 37. DATE 33. GEPUrY DISTRICT ATTORNEY 38. CHAfiGE6 FILED ^ CASE REVIEWED AND COMPLAINT FILED D. _- ^COMPLAINT REJECTED-BEE REJECTION SLIP O 40. VICTIMSIWRNESSES RECONTACTED 41. DATE M ^VICTIM(S)SENT ^CABE REVIEWED ANO FOUNG TO BE COMPLETE LETTER P ^ WITNESS(ES) ^ NO NEW LEADS. INFORMATION., OR SUBJECTS IDENTEIED L ^NEIGHBORHOOOIAREA CHECKED ^VICTIM ADVISED THAT PROBECUT!DN NO LONGER DESIRED A f 42 COMMENTS ' N T COMMENTS P R O p _- SIGNATURE DATE CERTIFICATION'. I, THE UNDERSIGNED, DO HcgEOY CERTIFY THAT l AM THE LEGAL OWNER AND ENTITLED TO TAKE POSSESSION OF SAID PROPERTY. R E DRIVER'S LICENSE NUMBER - -__ MISCELLANEOUS L D I 43. DISPOBITtON: ^ND ACDITIONAL LEADS ^CASE UNFOUNDED ®CABE CLEARED BY EXCEPTIONALMEANS ^CASE CLEARED BY ARREST CPROP. RELEASED S 44.REPOR,PNG OFFICER 45. EMPN - 46. DATE -'-- `4)REV(EWEDeY' -fIRTE"' ~~ P o R. Wright W2800 062910 >~.>oo,.w, Ra.. n,~ I..R», P-282 AYES: NOES: ABSTAIN: ABSENT: •~+w• Vice Chaii FLETCHER, HOWDYSHELL, OAXACA, WIMBERLY NONE MUNOZ, NONE -carried man Munoz returned to the Chambers at approximately 7:20 PM B. REVIEW OF CONDITIONAL USE PERMIT CUP99-43R -THE BEER MUG - A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval or in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The Planning Commission .will consider revocation or modification of the approved Conditional Use Permit. Located within the Regional Related Commercial District, Subarea 4, of the Foothill Boulevard Specific Plan, in the Foothill Marketplace at 12809 Foothill Boulevard, Suite C1-C4 - APN: 0229-031-33. Related files: Conditional Use Permit CUP97-03 and Entertainment Permit EP97-30. CONTINUED FROM MAY 26, JUNE 9, AND JUNE 23, 2010. Larry Henderson, Principal Planner, presented the staff report and a brief Powerpoint presentation (copy on file). Chairman Fletcher asked for an explanation of Type 48 liquor licenses. Nir. Henderson explained that the Type 48 license is needed for a nightclub use rather than a restaurant use which requires a Type 47 license. Deputy Wright presented a report from the Sheriffs Department and a Powerpoint presentation. (copy on file). Deputy Wright indicated that he had talked with the owner, Mr. Roig, on several occasions, offered him help and to also discuss the expectations. He noted that he and Deputy Clark personally delivered the letter dated January 27, 2010 from the Planning Department stating that Mr. Roig did not have a valid Entertainment Permit and that those activities should cease and that Mr. Roig signed a receipt for the letter. He stated the flyers (issued by a promoter) and various forms of entertainment continued including strip dancers. He noted that a compliance check occurred on June 9, 2010 following the Planning Commission meeting and that during that check they made contact with a DJ working there. Deputy Clark summarized that the case involving the shooting of 5 people at the entrance of the business is still ongoing. Vice Chairman Munoz asked for clarification regarding the laser incident. Deputy Clark summarized the incident in which an outside contract security company hired by the Beer Mug tasered several people. Persons who struck the security guards were cited. He said it is common that when a laser is used, charges are processed that have to be cleared because lasers are to be used as a defense. Deputy Clark also noted the ongoing investigation regarding the stabbing in the parking lot. Deputy Wright noted that in the tasering incident, the business did not want to press charges nor did they want to have any documentation. He noted the assault with a deadly weapon on March 26. He summarized the incident regarding the incident involving a 19 year old. He said that there is an ongoing investigation for both criminal and administrative charges with the ABC. Deputy Wright said the business has had a violent history for being open a short time. Chairman Fletcher asked what contacts had been made to the business owner. Planning Commission Minutes ~XHIiT ~ -3- July 14, 2010 P-283 He said he offered suggestions to Mr. Roig and left about 15 phone messages. He said Mr. Roig later agreed to meet with his attorney with staff. Deputy Clark said there was a fight earlier this month during which a firearm was brandished prior to the arrival of the officers. Deputy Wright said there have been 30 calls for service in about a year. He said this only includes calls specific to this address and does not include DUI's that may be applicable. Ryan Kroll of Solomon, Saltsman & Jamieson, stated he represents Mr. Roig, Mr. Kroll provided to the Commission the following items (copies on file): photos of the patio area; a letter addressed to the Planning Commission dated July 14, 2010; a copy of Resolution 98-07; a copy of an application for an Entertainment Permit dated March 19, 2009; proposed Beer Mug Security Plan (undated); a declaration of Aaron Cortes executed on July 13, 2010; photos of the interior of the Beer Mug (dining area, kitchen, bathroom); and a letter dated June 7, 2010 addressed to James Troyer, Planning Director. Mr. Kroll presented a brief history summarizing his understanding of the case chronology. He said in 2009 Mr. Rcig came to the Planning Counter, paid $75 for an Entertainment Permit, invested $250,000 and opened in October 2009. He said there was confusion about the CUP and in January, 2010, the City changed its mind. He said the permissions were reviewed for several months. He said the City said he had a CUP but not a valid Entertainment Permit. He said the CUP of 1999 is not correct because it only indicates a modification to build an outdoor patio and was never vested because the patio was never built and the CUP of 1998 is the correct one and does allow entertainment and service of alcoholic beverages. He referred to the floorplan (B-14 of the agenda packet). Mr. Kroli provided photos of the area for the record. He said his client has filed a government claim. He said it is a City error and that his client wants to operate in Rancho Cucamonga, serve alcohol, and provide live entertainment. He said it is a full restaurant with a full menu. He said people go there to eat dinner and it is not a nightclub. He said the ABC allows him to have a Type 47 license because he has abona-fide restaurant. He said the City has no jurisdiction over ABC matters. He said his client has vested property rights and therefore due process rights. He stated much said has been hearsay. He stated that Mr. Roig "inherited" problems from prior clientele. He said the shooting therefore was not Mr. Roig's concern. He said he was submitting a copy of their security plan (on file). He said some of the ideas in the plan were proposed by Deputy Wright such as not allowing smoking near the door to minimize congestion of persons there. He added that it includes a taxi program and ridesharing. He said this is an example of how Mr. Roig is working with the City. He said they no longer employ the outside security company involved in the laser incident. He said they trusted them because they said they were off- dutyOntario Police officers. He said in reference to the alleged underage drinking incident that Mr. Roig is being blamed for something he did not do and that Mr. Roig claims no one saw the 19 year old enter and Mr. Roig did not serve him. He said the story told by the 19 year old is different than the employees and security guard. He said the 19 year old told the security guard he was already drunk before he got there and it is a credibility contest and it is easy to tell which is more truthful. He noted the declaration o~ (copy on file). He said the advertisement for entertainment went out from early in March on the intemet. He cited Muni Code Section (5.12.030A) noting an exception regarding entertainment and that no entertainment was being provided according to this exception on June 9, 2010. He said Mr. Cortes was using the laptop as a playback device only and no announcing/performing was going on. He said he promised there was no entertainment and they kept that promise in good faith. He said they still believe they have a valid Entertainment Permit. He said the revocation is occurring too quickly and the City is'jumping the gun' and they should be given the chance to prove what they are doing and there have not been any violent incidents in the last 3 weeks. He said they are listening to the City and they would like 6 months. Jesus Roig, owner of the Beer Mug, said he has a 10,000 square foot restaurant space with tables and N and that entertainment is vital for this location. He said he spoke with Mr. Correa at the Planning Commission Minutes -4- July 14, 2010 P-284 counter regarding his permit. He said he did not know the Beer Hunterwas a bad place and that he inherited a bad place and the shooting occurred soon after he took over the business. He said the shooters argued because the bouncers turned some patrons away and then they opened fire and there was nothing he could have done about that. He said he hired the armed (tasers) security because he had problems with biker gangs and it worked for a while. He said that company did not want to file a report and that was their thing, it was just what they wanted to do. He said it is not true that the incident was inside his bar, it was outside. He said they moved the smoking area, put security in red shirts, and remodeled the bathroom. He said he has only seen the 19 year old twice; once at McAlan's and once in his bar. He said he told his security guard to escort him out. He said he apparently fell in the lot and cracked his head; his security people brought him water and ice. He said he never served him and he does not know him personally. He said he saved his money (to buy this business for 15 years). He said he is asking for a chance to prove himself and turn this place around. He said he is open to meetings and he wants to stay open; his entertainment isWed- Satfor 21 years and older but there are family times during the day as well and he emphasizes the food. He said he has had numerous cooks because he has high expectations for the food. He said he continued to have entertainment until June 1 and that he asked his lawyer if he could. Commissioner Howdyshell asked when the security plan was prepared. Commissioner Howdyshell said it is not dated nor signed nor acknowledged and that she is uncomfortable with that. Mr. Kroll said it was prepared for the submission of an Entertainment/CUP application to be submitted in mid-June and then was later revised. He said they never filed the application because the cost was 8,000-9,000 and because the CUP could be revoked the next week, they never filed not wanfing to waste the money. He said he prepared the security plan. Mr. Kroll said it was only prepared for the City to review for feedback. He said that they want to hear back from the City on it. James Troyer, Planning Director, said the main thing is that the City is still waiting for the Entertainment Permit application to be filed. He said without a filed application, the conditions suggested are a moot point. Mr. Kroll said they are happy to file the application but they wanted to wait and see what the Commission would do tonight because it did not make sense to make that expenditure until they knew what the Commission would decide tonight. He said the security plan could be part of the conditions of the CUP. He said they did not want to throw away $8-9,000. Chairman Fletcher noted that there were several continuances granted and that it was in anticipation that those permit applications would be filed. He asked what happened there. Mr. Kroll said that on June 15;;~ when they heard that the hearing of June 23 would be a revocation hearing. He said the~(.:h2d`io wait for mailing labels from the County. He noted a letter from the County on June 7~opy on file) explaining the delay. He said it did not make sense to pay the fees if it would be vrd. ~~, i~f4 Commissioner Wimberly asked when he was first asked to submit the Entertainment Permit application. Mr. Kroll said it was sometime earlier in the year; that there was a lot of back and forth as to what rights and privileges his client had; there was flip flopping and it took time to figure out what the City's position was and where his client was. He said he was also working with the landlord on rent abatement in order to afford the fees. Mr. Kroll said his client has a valid Entertainment Permit through March of 2010. Chairman Fletcher noted that the client had received letters that the permit had been issued in error and that he should cease and desist entertainment. Planning Commission Minutes -5- July 14, 2010 P-285 Mr. Kroll said his client did receive letters along those lines and that he also received a letter that said he did not have a CUP that allowed alcohol. He said it is not clear cut as to what was correct. Chairman Fletcher said it is the way the business operation is being run is what is in question. He said Mr. Roig said he owns a family restaurant. He said he would like to hear from Mr. Roig as to how a dance pole and strippers fits into the operation of a family restaurant and what he intends to operate. He asked if he had experience running a restaurant. Mr. Roig said he was a bartender for 15 years and he has 5 or 6 years experience running restaurants. He said on Halloween they had 5 bands and it was brought in for go-go dancers. He said he has taken it down. Mr. Kroll said in March of 2009 it was fine for him to have dancing and entertainment. Commissioner Oaxaca confirmed the location was vacant for sometime when he took it over and it was an empty shell. Mr. Roig said it was vacant for 6 or 7 months and that the Entertainment Permit never lapsed. Commissioner Howdyshell asked how much time Mr. Roig spends on site. Mr. Roig said from around 4pm until 4 or 5 am everyday. He said he often helps with serving and/or bartending except on weekends. He said he focuses more on management during those times. Vice Chairman Munoz said he has difficulty with the characterization of a family restaurant considering the state of undress of the dancers in the pictures, and the related ads, flyers and the photos taken by the authorities. He asked how this nice family restaurant morphed into this burlesque type establishment. Mr. Kroll stated the flyers from the Internet are not foundation for revocation of a permit. He said they cannot be used to depict what accurately takes place at the location. The officers said they took the photos from the Internet and they are not due process. Steven Flower, Assistant City Attorney asked if Mr. Kroll is personally aware that no nude performances have occurred at this establishment. Mr. Kroll responded that he is aware from his client that they have not taken place. Mr. Flower asked again if Mr. Kroll is personally aware of that. Mr. Kroll replied in the negative. Commissioner Howdyshell said the photos indicate a perception but when combined with calls for service and when put together, there is cause for health and safety and points to the advertising, the clientele and how the business is being run such that there was something that caused that interest. Mr. Kroll said his client does not have control over what is on the Internet and does not affect his client's rights. Commissioner Howdyshell disagreed. Vice Chairman Munoz asked about an advertisement that could not be pulled back from the Internet. He said someone is controlling those ads and that Mr. Kroll indicated that someone had been retained to send these out. Planning Commission Minutes -6- July 14, 2010 P-286 Mr. Kroll said the DJ promoted these and he is not an employee or hired and Mr. Roig cannot control that. Vice Chairman Munoz said he believes Mr. Roig is responsible for that and he has not taken responsibility. Chairman Fletcher said he would like to hear what kind of establishment he wants to run, his business plan and how he plans to prevent these problems. He also asked why he did not respond to the Police Department calls. Mr. Roig said the 15 calls occurred in a 3-day time period in January. He said they informed him to stop his entertainment. He said then they called and said he could not serve alcohol. He said they continued calling but he (Mr. Roig) then got an attorney and it took several days to explain his case. He said now it is a total sports bar, he brings in bands and DJ's. He said after 9pm it is for adults only (21 and over) and he serves food until 1 am. Mr. Roig said it is still a restaurant, they serve feed, but then it changes for the entertainment. Commissioner Wimberly commented that his definition of a family restaurant is a little different. He said he is under scrutiny for his land use and safety issues. He said that Mr. Roig said if he can re- define that at will, then there is something wrong. Mr. Kroll reiterated that until March of this year, the City was fine with this. He said most cities allow restaurants with entertainment to operate this way for safety issues and that sometimes it is an ABC condition to not allow anyone under 21 after 9pm when entertainment is offered. Chairman Fletcher asked what the percentage of food sales to alcohol sales is. Mr. Roig responded, 50/50 or 60/40 depending on if there are sporting events. Vice Chairman Munoz asked if he has $1 drink promotions. Mr. Roig said no. He said he does have $2 drafts. He said when he first opened he did have $1 draft beers. Commissioner Oaxaca asked for clarification regarding the applicable CUP and referred to B-18 of the staff report and condition #13 and asked for clarification. Steven Flower, Assistant City Attorney stated that Mr. Bobko represents staff and he (Mr. Flower} represents the Commission. He noted that condition #13 of CUP 99-43, regarding the automatic termination of the permit upon the transfer or sale of the business, is not enforceable in that it is no longer current policy to impose such a condition. Chairman Fletcher confirmed that the business location was closed for 6-7 months before Mr. Roig took it over. He asked if the 180-day rule applies. Mr. Troyer noted that the CUP may have become invalid afterthe prior use ceased for 180 days. He said the City may not have known that the prior business had even closed. Mr. Flower noted that the City never said that there was no valid CUP and the City has honored the CUP from 1999 all along. Mr. Bobko, attorney appearing on behalf of staff, concurred with Mr. Flower. Planning Commission Minutes -7- July 14, 2010 P-287 Commissioner Oaxaca asked if the vesting did actually occur in that the resolution specifed more than just physical improvements (proposed patio area). He noted it also covered the operation of the business as a full service restaurant and sports bar and because the business did open and operate, the CUP was vested. Mr, Bobko fully concurred with Commissioner Oaxaca's interpretation. He added that the prior owner gained the benefit of the CUP. He noted that the 2ntl CUP issued (99-43) is applicable and that this CUP did not contain provisions for live entertainment. He said the applicant was noted by staff of this first on January 27, 2010, only 4 months after the business opened. He said the City issued the entertainment permit in error in 1997; the City realized the mistake and the applicantwas made aware of this again on February 23, 2010. The letter, sent certified mail, was returned to the City unclaimed. He noted that CUP99-43 superseded CUP 97-30 of 1997. He said the City has tried to let the applicant know but the mail has been returned along with other notifications. He said the City has done everything in his power to let the applicant know. The returned mail (copies on file) is noted in the record as follows: correspondence dated 3-18-10 returned 4-4-10; correspondence dated 2-23-10 returned 3-17-10; correspondence dated 3-25-10 returned 4-15-10; correspondence dated 5-20-10 returned 5-26-10; correspondence dated 6-3-10 returned 6-26-1 C; correspondence dated 6-10-10 returned 6-17-10; correspondence dated 7-8-10 returned 7-19-10. Chairman Fletcher asked for clarification about the error regarding the issuance of the permit. Mr. Bobko likened it to when the IRS sends you a check in error. He commented on due process and noted that this is not a criminal trial and that due process refers to a meaningful opportuni*y to be heard. He said strict rules of evidence do not apply and that the argument of hearsay does not apply. He said the Commission is bound and entitled to use common sense. He noted they do not need to know all the legal rules about evidence and hearsay. He said the officers are competent to speak about the incidents and noted that one of the officers was a percipient witness en two occasions. He also noted the mom who testified about her 19 year old son and his experience; he said there was no doubt in her mind that her son had been served so much alcohol that he almost died and she was aware of where he was and therefore, she too is a percipient. He said the Commission is to look for substantial evidence and think like a member of the community ratherthan a lawyer. Chairman Fletcher noted Section 5.12.030 (exclusions) and asked if Mr. Kroll made a valid comment. He confirmed that a juke box would not require an Entertainment Permit. He noted that Mr. Cortes' declaration does identify him as a DJ. Mr. Flower said Mr. Kroll did cite the Code section correctly. He said the actual question is if the DJ was actually performing in the sense of announcing song titles, artists, etc. He said there is evidence on both sides and it is up to the Commission to decide which side to support. He pointed out that this single night (June 9~") was the only time that Mr. Kroll contends that this exception applies. Mr. Flower confirmed that Musak or a juke box does not require a permit. Chairman Fletcher opened the public comment section. James Good stated he is a patron of the business and is a bartender in the Los Angeles area. He supports the business and takes his girlfriend there and said there is plenty of security, an impressive menu, measured "jigger" drinks, no "rif-raf" and he gets carded there. He said he has never seen any fights or violence. Frank Rodriguez said he was a prior patron when the business was the Beer Hunter. He recalled violence in the past. He said he came back and brings his daughters and never observed incidents inside the business. He supported the business. Planning Commission Minutes -8- July 14, 2010 P-288 Ronald Bennett stated he is an employee of the Beer Mug. He said he was there when the incident with the 19 year old minor occurred. He said he worked the door and was instructed by Mr. Roig to help out the minor, who was having problems. He said the minor got violent and then hit the ground. He said he and another employee laid the minor down in the planter. He said friends of the minor thought they had hit him. The minor's friends refused help and tried to walk the minor to the truck but Mr. Bennett observed they were quite drunk and had difficulty doing that. He said they laid the minor down next to the truck. He asked them if they were going to call for help. He said the driver was drunk and when they opened the door, there were beer bottles in the truck. He said two weeks ago he ran into the minor at McAlans'. He said the minor could not recall how he got into the bar that night and that he told him he was drunk prior to going to the Beer Mug. He said he checks everyone's I.D. at the door. Chairman Fletcher asked about the level of cooperation with the Police by the staff at the business. He asked if the Police were told to get out and they had to have a search warrant to enter. Mr. Bennett said he never talked to the Police and never told them they could not come in. He said he recalled that when additional Police arrived, they stayed outside in the parking lot because that is where the 19 year old was. Commissioner Howdyshell asked if someone relieved him when he took his break. Mr. Bennett said he was relieved by someone. He stated that anyone leaving and coming back in ge±s carded again before entering, Mike Prep said he works security on weekends and started working in February. He said he has not seen many incidents and he has never refused the officers entry and he has stepped out of the way when they enter. He said he ~a~as there when the DJ was there on June 9~'. He said the DJ was only using a play list, no vinyl was on the record player and no one was dancing because all their tables were set for the next day. Vice Chairman Fletcher asked Mr. Prep if he recognized the pictures shown from the Internet were from the Beer Mug. Mr. Prep said yes. Clinton Knowle stated he is a former employee of the Beer Mug and he takes his kids there prior to 9pm. He said the Police were never denied entry but they were advised that if they are not doing an ABC inspection and they are checking under the Municipal Code they should check with the owner before doing it. He said he is a former code enforcement officer. He said one night he did ask for the purpose of their inspection and they responded that it was an ABC inspection and they were allowed entry. He said they went to the DJ booth and started taking pictures. He said the owner was there at the time and Mr. Knowle asked the officers to wait for the owner but they walked in. He said they had been there the night before and threatened to arrest the DJ. He said they came again without permission. He said he was not there the night of the shooting but was there for the other incidents. He said he was one of the employees who was assaulted, and it was because he denied entry to a minor. He said they do their best to identify minors and not serve them. He said they have had private parties there and the photos could have occurred during one of those private parties. He said if they are uniformed or not he would ask them for I.D. He said he has seen fake police officer credentials before. He said Wal-Mart has more police calls than them. He said most of the calls for service happen in the parking lot with people that have been asked to leave or they were not permitted in. He said he did-see the 19 year old in the bar but never saw him with a drink in his hand. He said if the officers are not there for an ABC inspection, they have to have permission of the owner and that is constitutional law. Planning Commission Minutes -9- July 14, 2010 P-289 Chairman Fletcher said it sounds like he was not very cooperative with the officers. He said the officers came in because they thought there was a problem there. Nadine Olvera stated her support of the business. She said it is a comfortable, homelike environment. She said they would not go there if there were problems because they have a family to go home to. She said they hope the business does not get closed. Chairman Fletcher clarified that revocation of the permit would not close them down; they would still be allowed to serve beer and wine. He invited the applicant to rebut. Mr. Kroll said the customers came out in support of the business and revocation would essentially be the death sentence of this business. He said the most important thing is that until June 8, the City was still willing to work with Mr. Roig. He said the security plan could be implemented as conditions and asked to bring them back in 4-6 months. Chairman Fletcher closed the public hearing. Mr. Troyer noted that the floor plan was modified and altered illegally and is not in compliance with CUP 99-43 which is also part of the record and reason for revocation. He said the Entertainment Permit was issued in error and the City already acknowledged that. Mr. Flower clarified that the Entertainment Permit was actually transferred in error. He said entertainment permits are issued separately from a Planning Commission approval of a CUP. He said entertainment permits are personal permits and issued to a person. Staff incorrectly believed the Entertainment Permit operated like a land use permit. He said when the subject permit came up for renewal (not required for a land use permit), they allowed the next business owner to renew the license even though he was not legally entitled to do so. He said Mr. Roig should have been required to apply for his own Entertainment Permit in his own name. Chairman Fletcher noted that staff also asked them to apply for a new CUP. Mr. Flower stated that was because the current CUP in force specifically does not allow live entertainment. Mr. Troyer noted that it was also to modify the conditions of approval and the floor plan for that. Mr. Flower said that it is also because the floor plan was altered without building permits and that could be considered a safety issue. Chairman Fletcher stated that if the permit is revoked tonight then they lose the right to serve distilled alcohol. He asked what it all means for the owner. Mr. Flower said the business reverts to a restaurant and they can serve beer and wine. He said they would have to go to Building and Safety for permits and bring that to code if there are any issues with that. He said the purpose of reviewing the floorplan is to ensure it is to code for entertainment being offered there. He said if no entertainment is permitted, then there is no need to review the plan. He said the alteration was done in violation of the CUP. Chairman Fletcher asked about the owners rights and if they can reapply. Mr. Flower said he can file an appeal and if they lose the appeal, they have to wait one year to apply. He said the Commission could revoke or modify the CUP at this time. Commissioner Howdyshell asked what has been done in terms of the floorplan; Planning Commission Minutes -10- July 14, 2010 P-290 Mr. Troyer said the dance floor area was expanded, the DJ area was constructed/installed and the dining area was reduced. Commissioner Howdyshell said this is a serious matter. She noted health and safety concerns, the privilege of doing business in Rancho, negligence, and calls for service. She said she believes this business continues to be a magnet for public safety issues. She cited the incident with the 19 year old. She asked why management did not act and demonstrate leadership for the health and welfare for the patrons. She said this should be part of their business plan at the front end. She said there is a perception with what we see on the Internet and the management has the final say of how they run their business and who they give the ok to for what is promoted for their business. Commissioner Wimberly concurred and added that he has a concern about the management and that they ignored the requests of the City to come forward with the appropriate documentation to get compliant. He said he has concern abouttheir understanding of the definitions ofentertainmentand the health and safety problems, and the calls for service. He said he would support revocation. Commissioner Oaxaca said he is now clear on the CUP and the entertainment permit record. He said on the merit of those facts he is concerned about the status of the business. He acknowledged the support of the public but the calls for service are of great concern. He said to an extent, the problems there are symptomatic of the business operation. He said he was not comfortable with the reports regarding the characterization of the deputies. He also cited the incident with the minor. He said much had been said on both sides about this incident. He said it was a dangerous and potentially tragic situation that might have been avoided with better management. Vice Chairman Munoz said he concurs with his fellow Commissioners. He said regarding the questions about the permits, the owner continued to operate as a bar with entertainment and this is a preview of how this business would be run if the Commission left things in place. He said the owner admitted to being there all the time. He said employees generally do things sanctioned by management. He said there are questionable advertisements and entertainment and it seems to be run like a night club. He said management has to take responsibility for that. He said the alcohol practices could endanger the community. He had concern about the adversarial stance the business took with law enforcement. He said we should not be willing to tolerate that. He said in his experience and career, problems with businesses is generally reflective of the leadership. He said he supports the revocation of their permits. Chairman Fletcher clarified that the Conditional Use Permit is the only valid permit being considered for revocation. He asked staff if they have considered modification of the conditions that might solve this problem such as an earlier closing time. He said he sees a communication problem with staff and the owner up until the attorney got involved. Mr. Troyer said there are several issues. He said they refused to apply for an Entertainment Permit and then continued to provide entertainment. He said they have been aware of the modification of the floor plan since January 27 and nothing has been done with that. He said there has only been one meeting with the attorney and his applicant. Staff has tried along with law enforcement to contact the applicant and no meetings have occurred. He said if there is a communication problem, we believe it is with the applicant and not an issue with staffs willingness to remedy this situation. He said that is why the only remedy is revocation, but if the Commission would like to direct staff to work with the applicant and look at modifications, staff would do that. Chairman Fletcher asked if the permit was revoked would it prevent them from coming forward with an Entertainment Permit application. Mr. Troyer said it would not. Planning Commission Minutes -11- July 14, 2010 P-291 Mr. Flower clarified and said they need a CUP and an Entertainment Permit. Commissioner Oaxaca clarified that the Entertainment Permit is not a stand alone. Mr. Flower said that is correct. Mr. Flower stated that they can apply for the CUP and in this case, the one year rule does not apply because no valid CUP for entertainment exists; therefore they could apply for that after the approval of the CUP and only could be granted at the discretion of the Planning Commission. He clarified that if they want to come back for a CUP for serving distilled spirits, there would be a one year waiting period. Chairman Fletcher said when there are problems he would like staff or the police bring these to the Commission earlier so that there can be conversations with the business owner aboutthe problems or the Commission can make modifications. He said when making his decisions on these reviews he looks for a response from the business owner. He said that this is the case here. He said the business owner needs to take responsibility for his employees particularly when serious injuries have occurred and they are being questioned bylaw enforcement. He said he does not always fault the business owner for things that eccur in the parking lot later: he cited the shooting, the stabbing and the fight following urination on someone's car. He said thattheir promotions cause problems for the City with respect to health and safety. He said his preference is to make modifications but he did not know what they can do if the owner is not cooperating the way he should be. He said it appears that all the problems occur at closing time. He said as a Commission, they try to regulate them, not put them out of business. He said this revocation would not put them out of business; it only prevents them from serving distilled spirits. He said being on the border of Fontana is also a problem and they will have to be careful about the type of promotions they put out there. He said he believes the legal issues have been answered and modifications would be as detrimental to the business as revocation. He said because of the non responsiveness of the owner, he supports staffs recommendation to revoke. Motion: Moved by Munoz, seconded by Howdyshell, to adopt the resolution to revoke Conditional Use Permit CUP99-43 as recommended by staff. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: NONE ABSENT: NONE -carried .«.<+ The Chairman called for a break at 10:05 PM. The Commission returned at 15 PM. +w+~x NEW BUSINESS Vice Chairman Munoz recused himself from the hearing for~reasons of a possible conflict of interest and left the Chambers at 10:15 PM. C. USE DETERMINATION DRC2010-00393-,,,alt RTHAMERICANWIRELESSINC-Arequestto determine if a proposed Sprint wireless, one store should be permitted under the Specialty Retail land use category within the~pecialty Commercial District of the Foothill Boulevard Specific Plan (Subarea 2). Thanning Department staff has determined that the activity is statutorily exempt from the~etlwrements of the California Environmental Quality Act (CEQA) and the City CEQA Guidelines. The activity qualifies under Section 15061(b)(1) of the State CEQA Guidelinescause a Use Determination will not have any specific impacts on the environment. ,a~ , Planning Commission Minutes -12- July 14, 2010 P-292 RESOLUTION NO. /~-/y A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING THE APPEAL OF THE PLANNING COMMISSION DECISION TO REVOKE CUP99-43 FOR THE BEER MUG, AN EXISTING RESTAURANT AND BAR LOCATED WITHIN THE REGIONAL RELATED COMMERCIAL DISTRICT, SUBAREA 4, OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, IN THE FOOTHILL MARKETPLACE AT 12809 FOOTHILL BOULEVARD, SUITE C1-C4; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0229-031-33 A. Recitals 1. On September 1, 2010, the City Council reviewed the Planning Commission decision to revoke the existing Conditional Use Permit. Hereinafter, in this Resolution, the subject Conditional Permit is referred to as "the application." 2. On September 1, 2010, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to the City Council during the above-referenced public hearing on September 1, 2010, including written and oral staff reports, together with public testimony, this City Council hereby specifically finds as follows: a. The subject business is being conducted in a manner detrimental to the public health, safety, and welfare as evidenced by the number and severity of police calls-for service emanating from or associated with the business; and b. The owners have made substantial modifications to the approved floor plan including the addition of a large dance floor, removal of booths and seating areas, and installation of a DJ booth without the benefit of Planning Commission review; and c. The existing business has operated with live entertainment without an approved Entertainment Permit, which is a violation of Section 5.12 of the Rancho Cucamonga Municipal Code; and d. The existing business does not convey a restaurant use, rather, the subject business is operating as a de facto nightclub without the proper City approvals or the required Type 48 liquor license; and CITY COUNCIL RESOLUTION NO. 10- ' CONDITIONAL USE PERMIT CUP99-43R-BEER MUG September 1, 2010 Page 2 3. Based upon the substantial evidence presented to the City Council during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, the City Council hereby finds and concludes as follows: a. The existing business operation is not in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located; and b. The existing business operation has demonstrated that it is detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and c. The Public Safety Records demonstrate that the business is being operated in a manner contrary to the peace, health, safety and general welfare of the public. 4. When the item was previously approved, the project was found to be categorically exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. This exemption covers minor alterations of the existing private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency's original environmental determination. The building was originally built and had been used as a restaurant. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, the City Council hereby denies the appeal and upholds the Planning Commission action and hereby revokes the application and directs all entertainment and bar uses terminate immediately. 6. This Council hereby provides notice to Jesus Roig, ROIG Restaurant Group Inc. -DBA The Beer Mug that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 7. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to Jesus Roig, ROIG Restaurant Group Inc. -DBA the Beer Mug, the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to at the address identified in City records. P-293 8. The City Clerk shall certify the adoption of this Resolution. 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O ~1V • 0 ~^ ~ ~ Q~ ,~ U ~ ~ ~ ~ ~ ~ ~ . ~ ~ ~ ~ ~ o ~ ~ ~ ,o c~ 1 HIV O W O "~~ O ~~ ~ o ~ ~ •~ ~ ~~ ~~ 4^~• W O .` 0 0 O ~~ O r O ~~ .~ 3 .4) ,o .~ rO V ~~ 4 .~ •C N N N ~ ~ N ~ ~ ~- ~ ~ ~~~ ~UC~ ~ ~O•~O ~ip-'~N~ ~ tnc~~~OpjQU•~~ (~ ~ ~ C ~~-CO+~~OOpN ~ ~ p~~ C N ~cn ~OOpOU~•~~~ ~ ~NLc~~O~.U~~ o~ ca~oo~~~~a~o ~o s}.c~L--~~~~~ cam ~co~c~u~~~oc .n con ~~oVv•~~~~U ~_~ L ~•~~~~(~~tpn~ON ~~ Oi~~p~p~p~~ ~O ~L _ ~ ~ ~~~op~i0~0+ 0~ o ~ o ~p p ~~U (6 ~ UcaUvc~~~ ~ ..p ~~~• ~ ~~~~~ ,oar .. ~~~~~~ .,~c~~ ~o _ (~ (~~L~~~p~0 ~+., O ~~~~~~•~N~~~ G~~ ._ ~ 000-~0•cn lip ~cpn V ~~~~U~.aC~d?V~ ~~ ~ v O G~ V GC ~--+ 0 U 0 a~ C~ L O ~ ~ ~ ~ ~ .~ _ ~ L L 3 ~ ~ Q M W W .. G O N ~ O m ~ vs~ H STAFF REPORT PL~INNING DEPt1RTbIEN"I' Date: September 1, 2010 To: Mayor and Members of the City Council Joe Cusimano, Police Chief From: James R. Troyer, AICP, Planning Director By: Adam Collier, Planning Technician P-294 i Y RANCxo ~UCAMONGA Subject: CONSIDERATION TO INITIATE MUNICIPAL CODE AMENDMENT DRC2010-00624 -CITY OF RANCHO CUCAMONGA - A request to amend Chapter 9.32 of Title 9 regarding second responses by police to parties and other assemblages, and adding standards for accountability for social hosts of minors. RECOMMENDATION: Staff recommends that the City Council, through minute action, agree to initiate Municipal Code Amendment DRC2010-00624. BACKGROUND: Members of the Rancho Cucamonga Police Department and the Planning Department recently attended an alcohol policy conference hosted by the West End Gangs and Drugs Task Force. One of the topics of discussion was regarding the different enforcement tools available to local police departments to deal with issues related to underage drinking, substance abuse, and excessive calls for service for unruly gatherings. The concept of a "Social Host Ordinance" was presented as a unique tool for police departments to better deter underage drinking at private parties. Parties and gatherings on private property have repeatedly been identified as the primary source by which youth obtain alcohol and other illegal substances. Often, youth obtain alcohol at parties through friends, older siblings, parents, or other adults. A Social Host Ordinance addresses the problem of underage drinking where it most frequently occurs - in homes and on other private property. Underage drinking parties, even casual gatherings with just a few teens, can quickly spiral out of control and result in injuries to youths and excessive calls for service. Many surrounding cities and others across the state have adopted Social Host Ordinances to deter underage drinking and provide their police departments with the ability to recover costs for excessive calls for service at unruly gatherings. In addition, at the annual conference of the League of California Cities in 2009, a resolution was adopted by the General Assembly supporting local policies that hold social hosts responsible for underage drinking. (See Exhibit A for a copy of the approved resolution). ANALYSIS: The proposed ordinance will do the following: Update current standards regarding second responses by police to parties and other assemblages. P-295 CITY COUNCIL STAFF REPORT DRC2010-00624 -CITY OF RANCHO CUCAMONGA September 1, 2010 Page 2 Deter underage consumption of alcohol, marijuana, and other illegal substances at parties and other gatherings. • Encourage parents and adults to avoid unsafe environments that foster high risk, destructive behavior. • Provide parents with a peace of mind by knowing that when their child is at someone else's home, it is illegal for another adult to let them consume alcohol. • Hold both teens and adutts accountable for their behavior. • Provide law enforcement with an important tool to prevent tragedy rather than react to it. • Assist and support parents and their children to communicate and make wise decisions. • Reinforce a clear and consistent community-wide message that underage drinking is unhealthy, unsafe, and unacceptable. While it is illegal for adults to furnish alcohol to individuals under the age of 21, when law enforcement arrives on the scene of an underage drinking party, youth .typically do not identify the individual who actually provided the alcohol. A Social Host Ordinance allows law enforcement to cite the individual who hosts or provides a setting for underage drinking fo take place. Adults who knowingly allow underage alcohol use on their private property will be held responsible. If an adult is not aware that an underage person brought alcohol onto the property or if the underage person is concealing the alcohol, that adult will not be held responsible. Police officers must establish probable cause by determining that a person knew or should have known that underage drinking was occurring on the premises. Typical penalties would result in a misdemeanor citation and associated fine. The Rancho Cucamonga Police Department believes that a Social Host Ordinance would be a beneficial tool to more effectively deter underage drinking in the City. The Police Department intends to work with the local school districts to educate youth and parents about the dangers of underage drinking, as well as the penalties that result for hosts of underage drinking parties. In addition, the Rancho Cucamonga Police Department believes that the current standards regarding second responses by police to parties and other gatherings needs to be updated. Updating these code sections will allow the Police Department to more effectively deter repeat calls for service. CONCLUSION: Should the City Council direct the Planning Department staff to initiate the Municipal Code Amendment, staff will bring forward a Municipal Code Amendment to the City Council for consideration and action. P-296 CITY COUNCIL STAFF REPORT DRC2010-00624 - CITY OF RANCHO CUCAMONGA September 1, 2010 Page 3 Respectfully submitted, ~~ James Troyer, AICP Plannin Director JRT:AClge Attachments: Exhibit A -Approved 2009 Annual Conference Resolution P-297 ~.......~~ . - ,s.:,.,~...- APPROVED 2009 ANNUAL CONFERENCE RESOLUTIONS 1. RESOLUTION 12ELATING TO SOCIAL HOST LIABILITY Source: City of Ellc Crrove Referred to: Public Safety Policy Committee WHEREAS, underage persons often obtain alcoholic beverages at gallrerings held at private residences or at rented residential and commercial premises that are under the control. ofa person whn Mows or should imow of doe underage service and/or consumption of alcohol; and WHEREAS, loud or unruly patties on private property where~alcgholic beverages are served to, or consumed by an underage person, are hatmful'to the underage person'themsel~~es and are a threat to pulilib.health, safety, quiet enjoyment of residential properlyand general welfare, and. donsttute a publicnuisance; and WHEREAS, persons responsible for the occurrence of7oud orunruiy parties on private property-over which they have possession or conhdl have a duty to ensure that alcoho&c bevernges as not served to, or consumed by underage persons; and WHEREAS, adults who provide alcohol to adolescents explioitly indicate an approval of underage alcdhol use; and WHEREAS, law enforcement, fire, or other ernergency~responders repeatedly respond to underage drinking parties, resulting in a disproportionate expenditure of public safety resources on These parties, delaying police responses to otheremergency calls throughout thecommunity; end WHEREAS, law enforcement has inadequate enforcement authority and resources to respond to undernge drinking on private property; and WHEREAS, cider and counties require a variety of enforcement strategies to abate underage drinkingparties; now, therefore, tie it RESOLVED, by the;General Assembly of dte League of California Cities, assembled is Anndal Conference in San Jose, September 1 B, ?009, that the League support local policies that hold social floats responsible for underage drinking that occurs on property under their possession, control, or authority; and, be it further RESOLVED, that the League also oppose policies that make it easy far those who are underage to access alcdhol through adults, and on private property. 4 STAFF REPORT ENGINEERING SERVICES DEPARTMENT Date: September 1, 2010 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Jon Gillespie, Traffic Engineer Subject UPDATE ON THE PARKING PERMIT DISTRICTS BACKGROUND/ANALYSIS P-298 ,._, RANCxo CUCAMONGA On the August 18, 2010 the City Council requested staff provide an update on the two permit parking districts that were established in FY 09/10. The general locations of the two districts are shown on the attached Exhibit "A". Permit Parking District No.1 (Crestview Place area) consists of thirty-four (34) homes on four (4) streets. The four streets are Crestview Place, Skyline Road, Crestview Court and Inspiration Drive. The Crestview District was created by the City Council on October 8, 2009. As of August 23, 2010, City staff has issued 30 resident parking permits and 47 guest parking permits to residents. The limits of this permit parking district are shown on the attached Exhibit `B". Permit Parking District No. 2 (San Felipe Court area) consists of 12' homes located on San Felipe Court near Chaffey College. This permit parking district was created by the City Council on January 6, 2010. As of August 23, 2010, City staff had issued 22 resident parking permits and 14 guest parking permits. The limits of this permit parking district are shown on the attached Exhibit `C". San Feline Court Since the establishment of the San Felipe Court parking permit district, staff has received feedback on two issues. The first issue was regarding the quality of materials being used for parking permits.. An individual indicated that the static permits would not stick to their car windows, and the corners of the static permits would curl up when exposed to heat and sun. Staff replaced the resident's parking permit for free, and then began investigating the purchase of a different manufacturer's parking permit. New parking permits that should eliminate this problem were ordered on August 12, 2010, and are expected to be delivered by August 30, 2010. The second issue was regarding the date on the guest parking permits having expired on July 31, 2010, and that replacement guest parking permits were not available prior to this date. Staff has since created stickers with new expiration dates, and on August 19, 2010 staff sent stickers to those residents that our records show had previously received guest parking permits. Staff has also contacted the Police Department and requested that the Police Department not ticket for expired guest parking permits until after September 15, 2010. P-299 CITY COUNCIL STAFF REPORT Re: Update on Parking Permit Program September 1., 2010 Page 2 Crestview Place At the August .18, 2010 City Council meeting a resident from the Crestview District area stated that while the nuisance of commuter vehicles parking im the neighborhood has subsided, visitors are still walking through the neighborhood and creating a nuisance by discarding trash and making noise. The resident stated 4hat noise occurs late at night. A second resident contacted staff in August to express similar issues of trash and noise nuisances in the neighborhood. To address the issue of late night noise, staff has ordered signs to be installed on the south side of Almond Street that state "No Parking between 9 pm and 6 am". If cars park in the dirt area on the south side of Almond Street between these hours, they will be ticketed. Staff has also contacted Burrtec to arrange for trash receptacles to be placed along Almond Street for visitors. In addition, staff will also be installing "No Parking" signs at the west end of Almond Street where it transitions from pavement to dirt. This will help provide for clear and unobstructed access for public and emergency vehicles. Enforcement From October 2009 to August 23, 2010, the Police Department has issued 255 parking citations in the Crestview District. Of the 255 parking citations issued, 11 tickets were issued to residents or resident's guests, which the Police Department subsequently dismissed. In addition to issuing parking citations in the Crestview area, the Police Department has also provided additional patrols and vehicle stops in the area to address resident concerns about increased nuisance issues which have been created by visitors to the Cucamonga Canyon area. From January 2010 to August 23, 2010, the Police Department has issued 23 parking citations in the' San Felipe Court District. Of these tickets, two were issued to residents or a resident's guest, which the Police Department subsequently dismissed. Conclusions As stated in Chapter 10.50.020 of the Rancho Cucamonga Municipal Code, a goal of a permit parking district is to restrict commuter vehicles, which are defined as those vehicles operated by persons whose destination are to non-residential areas or uses (Chaffey College and Cucamonga Canyon) from interfering with street parking for the residents of the neighborhood. Prior to the creation of a permit parking district, residents stated that commuter vehicles regularly interfered with their ability to find and use available street parking within the district. The City's two permit parking districts have been largely successful at significantly discouraging unwanted commuter vehicles from parking within the two neighborhoods making more street parking spaces available for use by residents and their guests. Resp ubmitted, Director of Engineering Services/City Engineer Attachments: Exhibit "A": Parking Permit District Vicinity Maps Exhibit "B": Crestview Parking Permit District Boundary Map Exhibit "C": San Felipe Court Parking Permit District Boundary Map i-~ ~~ Z~;rt v 'k ~~ -~~ _~ ~ I i TO ~ I' ' 1 IBS ~ ~.' °a ~ 7b 41 C ~ - '~ I ~!~ ~ I lI ~~(I' S~ N ~ -~.> ;- y~-~1'd~'E1NtfMli3 i~- i 1 Q- ~ ++ ~d 2~~~v .,J iV,f >I I~:LI t~-~~1''. l1 r~.~+f'I~ Fy (A ~. ~ `'_ ~rp~~,~1~:--1111, L~~+'~?s r~ ~ I .- ~ 1 i "~-•- -( 1/ {; _ ~ I I ;T- _711 i i j I i I - ~ ! ! - ., I ns ~ *~ i I t w~ ce' T ~ ~~ - - J. --. i , ,-'~_~ -_ z. 3.-~ ~ i ~~_ ' I ~ ii.-r, !~-~ FT1. I _a~±N6WIS~1 I~AId iSAM ~ ` ~ iii,-!-t-r---11V-fJ~W-l4 Y ` ~ ~ E ~ i ~'- ` a . 4 ~J~AL. ~ - -' L - awl a ' ~~ ~~ ~ r Y H ~ i ,-i r ~ _~ f-i _ ~ l ,, ; _ d ~ - I~~~II~~ ~ ~~ -~: II ~~ ~- ~ x~~tey (~ ~r~^~ a -I ~~ ~Li I a '-~ Ir_~'^iiiz~ i o cvi~i ~~---~-~ ~ -, <, t-t0 F-' =1_I^ j Imo: c_~ I u~ r _m, ~r7 tJ~l' ~~ ~` ~~ ~_~,y ~~: l i i i~ 'rs~ ~»t ~'r,- l I I a V~M?'.t~'~' ~ I;Ni: 1 , i ~~~1 ~ ~`.~~:~ -nv~-v-11Na-vir~ 1.1. r t i~ r) , ~ o ~ I r" I ~ 1. `r-~rW-- ~ ~y -~~`\i2-lid-J!~P- {/ '+" ~b~~`~~ I I r i I i ~,- ~~ i ~~ ~~.~-, i-~vr~~~~~--i /' 1 h OtA ~ . d SY'V?31i' I,~r~-~ '' t--- - i X' i (~~-vc~ I _ I ..L\rn _~ ~_' t`/CIA HI6HRt96e'•Pl• m J~,'~^t' \ n I~''''ti` '~ ~> ~-is rrvae-s~ l t.i~>~~'-=i1= ~ P-300 ~~/ t= F~ ~77- P-301 Exhibit "~" SKYLINE TRACT 4Q24O PERN8IT PARKING AREA Streets 6teauire Parkin Permit- ;~ 24 HOURS - 7 DAYS A WEEK Crestview PEace, Crestview Cour#, Skyiirae Road and Irfspirafion -Drive Resolution No. Q9-197 -Page 4 of B Exhibit "C" P~~~~s ~~.~~~~~ ~6~~~ D377.~ 10380 ~ 10388 70404 I ~~~ lU4°b 11D442I 1045C ~ 10460 I 'mod I ._.-_-__._.__ ___.i~.YEN9EKs'f-_-.1~__.___..-____ _. __._._____. _. _______._ 637 10381 10389 10395 10403 10411 10419 10427 10435 10443 10451 10457 10465 10473 \ 10479 I i 10416 10408 0424 10432 0440 10496 10448 10456 10464 10472 10480 10488 I I I ~ BD09 6010 ~ x _ -. -~-ShHi~NBK~EAS AR- _-____._-_-_____ _ _ I I I 6018 I 6020. ~ i ' u I R 6028 8030 6029 5030 I I ~ 6029 ! 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